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City Council Packet - 11/21/1994 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: John Acker DATE: November 14, 1994 SUBJECT: Tigard Triangle The City Council is meeting with the Planning Commission on November 21, 1994 at 5:30 p.m. The purpose of this meeting is to decide whether to hold a public hearing on land use changes in the Triangle. As requested, I have attached the minutes of the Planning Commission hearing and deliberation regarding this land use change. ~4r F ti. r. q y 1 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (603) 684-0360 Notice TT 8047 BEAVERTON. OREGON 97075 RFCEIVEL Legal Notice Advertising ~4' lCity of Tigard ® 17 Tearsheet Notice NOV 2 .i.?9 13125 SW Hall Blvd. 13 Duplicate Affidavit 'OTY OF TIGf,-!!) ~Tigard,Oregon 97223 ,Siti 2t4 ,li ~ li01. 'fl3eU_ AFFIDAVIT OF PUBLICATION a '~i'~Yi~sesve STATE OF OREGON, ) "~'p'lrra COUNTY OF WASHINGTON, )ss. A 0Iw Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti gart7 in the aforesaid county and state; that the Joint Council/Planning Workshop a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: November 17,1994 Subscribed and sworn afore me this gem OFFICIAL SEAL _ FICR!N A. EL+i:GESS ' Nota blic for Oregon NOTARY PUF3L iC - OREGON r- COP.i,;!SSION 140. 024552 !dY COfA~i S;Ot! : %P!RES MAY 16,199' My Commission Expires: y,' AFFIDAVIT III' 115!11~~1§111N Igiii 1, .v ~ a x kid hopDloA~ irig rnee6 rt littitIt Itabltuhesl for ; our inform;tfton Fu1111FYYt _agenaas may be ob.taitieal'i<rttnt the r recorder, 13225 S,~N Halle 301- cv- d; Tigard: Oregon 97223, oX . y talling 6394371`. JOINT CITY CCQLJN IL&L-ANT+IING COMMISSION WORKSHOP ' „ . NOYEMBER"21 1994:, TrreD.DrsTv.:vwt:.s. ant`xn[ht HAS F., P I312,5i.W HAL BOLILE`YARD TIGARD.OREGON 6 15 P.tvd. ~ e Tigard Triangle Discussion witli PlaiiWng Commission i i CITY COUNCIL, BUSINE SS MEETJ`Nd . 9VEMBER ?-2,1994 TIGARI5 CITY:HALL -TOWN HALL 13325 S.W. HALL BOULEVARD, TIGARD, OREGON Study Session (Town Hall Conference koom) (5:30, p.m.) Executive Session: The Tigard City Council may go into Executjve Session un(Ier the ptpvisions of ORS 292.660 (1) (a), (d), (e), (f) (h) to dtscuss employment of public officers and employees, labor t i-dlations r64,propeny,transacttons; exempL,nublic records and eur~ remand peodlrlg,htigalxgn issues i .o` . Agenda Review !-°Blusiness Meeting (Town Hait) gins p.m.) m; report from the Homeless Task Force Citizen -Involvement Team Update Region 2040 -;,Update to Council Council: Discussion , Council Review of Building Roomri Use Policy 0 Public Hearings:. _ - . " Zone Change Annexation - ZCA 94 0011 Wert Anne<xatton Location ;1,3970 S.W. Bull MounWn Road (W.CTM 2Si 9BD tax lof 100., A;requosi to'atinez one'..garcel of.approximately_ 0 46 acres tnto the City,,o Tagatd uttaLt4:changeAiiie.con prelten save plan a;~d zone )roi t'Wash;ingtoff -6ii tt}~R-6 to City of:; Ttgvrd'meY~tum density residential R I Zone: Presently' Washington County R-6. 1TSO47 Pubitsh November 17 994. f 4 Y~k V 41 TIGARD PLANNING COMMISSION i~ Regular Meeting Minutes - June 20; 1994 T 1. CALL TO ORDER: President Fyre called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center - Town Hall - 13125 SW Hall Boulevard. 2. ROLL CALL: Present President Fyre, Commissioners Collson, DeFrang, Holland, Moore, Saporta, Saxton, Schweitz and Wilson Staff John Acker, Associate Planner; Michael Anderson, Engineering; Pamela Beery, Planning Commission Attorney; Planning Commission Secretary, Leslee Gemmill; Carol Landsman, Senior Planner; Mark Roberts, Planner; Randy Wooley, City Engineer. 3. APPROVE MINUTES ® Commissioner Holland motioned to approve the June 6, 1994 work session minutes as submitted and Commissioner Wilson seconded the motion. A voice vote was taken and the motion was approved unanimously. President Fyre and Commissioners Saporta and Saxton abstained. ® Commissioner Holland motioned to approve the minutes of the May 23, 1994 training session as submitted and Commissioner Wilson seconded the motion. A voice vote was taken and the motion was approved unanimously. President Fyre and Commissioner Saporta abstained. 0 Commissioner Holland motioned to approve the May 9, 1994 regular meeting minutes as submitted and Commissioner Collson seconded the motion. A voice vote was taken and the motion was approved unanimously. Commissioner Saporta abstained. 4. PLANNING COMMISSION COMMUNICATIONS ® John Acker, Associate Planner, informed the Commissioners that three additional items of interest were distributed to them before the meeting, for their review. 5. PUBLIC HEARING 5.1 Comprehensive Plan Amendment CPA 94-00021Zone Change ZON 94- 0002 Triangle Land Use This proposal is to amend the << Comprehensive Plan map and zoning map on 95 parcels totaling approximately 44 acres. The proposal would redesignate 14.6 acres from low-density residential (R-3.5) to meditln-high density residential (R-25); 19.5 acres from commercial ; profession (C-P) to medium-high density residential (R-25); 2.5 acres from low-density residential (R-3.5) to commercial 01 x 1 professional (C-P); 6.1 acres from commercial general (C-G) to commercial professional (C-P); and 1.5 acres from commercial general (C-G) to medium-high density residential (R-25). Also proposed is a zone change only for two parcels totaling 11.9 acres from C-G to C-P. LOCATION: Generally east of 72nd avenue and west of 68th Avenue between Atlanta Street and Hampton Street in the area known as the Tigard Triangle. Also west of 72nd Avenue south of Beveland Street. APPLICABLE APPROVAL CRITERIA: The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, 10, 12 and 13; Comprehensive Plan Policies 2.1,1, 6.1.1, 6.6.1, 8,1.1, 8.2.2, 9.1.1, 9.1.3, 12.1.1, and 12.1.2; Community Development Code Chapters 18.22, 18,32, 18.48, 16.56, 18.67, and 18,64.! and the --hinge or mistake quasi-judicial plan map amendment criteria of both the Comprehensive Plan and Community Development Code, a Associate Planner, John Acker, reviewed background information on the Tigard Triangle and the request to amend the Comprehensive Plan map and zoning map on 93 parcels totaling approximately 43 acres and to change the zoning map on 2 parcels totaling 11.9 acres. In conclusion, John Acker that the proposal was in compliance with the applicable Statewide Planning Goals as outlined in the staff report. a Mr. Frank Knight, 9545 SW Brentwood P1., Tigard, OR 97224 an interested Tigard citizen and Summerfield resident, spoke in support of the plan. a Danny Garnor, 7020 SW Clinton, Tigard, OR 97223, signed up to speak but did not. He said his questions were answered earlier in the meeting. ® Bill Erdle, 7405 SW Beveland, Tigard, OR 97223, spoke in favor of the plan. Mr. Erdle said he lived and worked in the Tigard Triangle and was concerned about changing the school to General-Commercial and it being the cause of the slow death of the neighborhood. He said the proposal offered a unique opportunity to create something neat. a Rece Bly, 3500 U.S. Bancorp Tower, 111 SW Fifth Ave., Portland, OR 97204, an attorney with Miller, Nash, Wiener, Hager and Carlsen representing the Tigard-Tualatin School District, spoke in opposition to the downzoning of the Phil Lewis Elementary School. He sited mistakes in the draft Tigard Triangle Specific Area Plan. He said the proposed changes would have adverse financial consequences for the District and urged the Planning Commission to reject the proposal. Mr. Bly said if the Planning Commission could not do so summarily, he would ask for a 60 day continuance to supplement the public record with traffic, safety, economic, marketing and other studies. Page 2 - Planning Commission Minutes - June 20, 1994 e Pat Biggs, 13137 SW Pacific Hwy., Tigard, OR 97223, chairman 4 of the Tigard-Tualatin School Board, addressed the Planning Commission opposing the downzoning of the Phil Lewis School property. She said a change now would create a loss in potential value should the district determine it was in the public's best interest to sell the site and this would be a loss to all taxpayers who live in the city within the school district. Ms. Biggs asked the Planning Commission to reject the proposal. ® Richard Carlson, 11475 Venus Ct., Tigard, OR 97223, Tigard- Tualatin School Board Member, asked the Commission to leave the zoning as if now evie~tn. He sa's.-3" Lt l:lle _ majority i__ 04. l' L L. . IL AAe v students attending Phil Lewis School live closer to other elementary schools and parents object to their children being bussed. Mr. Carlson informed the Commission that the attendance at Phil Lewis continues to decline and only 39 students actually live in the Triangle. He said the proposed changes would suggest only an additional 80 students and at its current enrollment of 388, Phil Lewis would still be a small school and poorly located for the district's greatest growth needs. Mr. Carlson said downzoning of the school was not in the best interest of the school district or the taxpayers and asked the Commission to reject the proposal. ® Merrily Haas, 20887 SW Willapa Way, Tualatin, OR 97062, Vice- Chairman of the Tigard-Tualatin School Board spoke on behalf of the school students and city taxpayers. She said she thought the City of Tigard had failed to show a clear and compelling financial or community reason to make the zone change on the parcel of land currently occupied by Phil Lewis School. She said to change the zoning on this parcel was unnecessary for the future economic viability of the Triangle and the zone change would negatively impact the taxpayers of Tigard and the School District. o Russell Joki, Superintendent of the Tigard-Tualatin School District, 13137 SW Pacific Hwy., Tigard, OR 97223, echoed the sentiments expressed opposing the proposal. He said the 3 proposal failed to produce reasons that are of economic benefit to the City and to the District. Mr. Joki addressed specifically Goal 9, Economy of the State; Goal 12, Transportation; and Comprehensive Plan 6.1.1, Housing Diversity. a Dayle Beach, 11530 SW 72nd Ave., Tigard, OR 97223 expressed his concern regarding liveability and a quarter mile section of 72nd Ave. (a major collector street), extending from Clinton Street north to Red Rock Creek. Mr. Beach suggested an alternative that the proposed boundary line separating residential from commercial be moved to the east 150 feet F FM Page 3 - Planning Commission Minutes June 20, 1994 making the quarter mile section of 72nd Ave., commercial on both sides. Mr. Beach also suggested the Commission consider moving the boundary line over 250 feet and,not build a street but rather a walkway or promenade enhancing the liveability of the residential area. e George Hansen, 11515 SW Pacific Hwy., Tigard, OR 97223, an attorney representing the Oregon Education Association informed the Commission that OEA had occupied its 16 acre tract within the Triangle for over 30 years. Mr_. Hansen addressed the Commission regarding the proposed downsizing of 2-1/2 acres to multi-family residential. OEA's masterplan, as vv-v-asiotES, called for the presented j ,a.,.va.vua to the City on numerous land to be developed into Commercial-Professional and so far, a great deal of money had been expended in acquiring, developing, and the planning of 10 acres and OEA sees no reason to change the zoning of the property. In addition, Mr. Hansen referred to the Notice to OEA. He stated it was defective in accordance to Oregon Revised Statutes. He said the Notice did not describe OEA's property, that it identified Atlantic Avenue as the northern boundary. Also, Y.r. Hansen said the City, when making this request, was e required to produce all documents at the release of the Notice as described in ORS 197 and the City only addressed 5 of the 19 State Wide Land Use Goals. Mr. Hansen introduced Mr. Griffith, Land Planner, hired by the Oregon Education Association. Jinn Griffith, 10915 SW Fairhaven Way, Tigard, OR 97223, explained the proposal OEA previously submitted for consideration and talked briefly about the open space. Mr. Griffith said OEA disagreed with the position of the consultants indicating the site was unbuildable in accordance with open space requirements. He said OEA in its proposal, i indicated an open space/wetland area on the site adequate for continuation of the bicycle /pedestrian pathway between 72nd and 68th. Mr. Griffith also addressed the transportation issue of the proposal and demand traffic control between Haines and I-5. ® Bob Tommy, 7120 SW Gonzaga St., Tigard, OR signed up to address the Commissioners however didn't respond when his name was called. a Joe Willis, Attorney with Schwabe Williamson & Wyatt, 1211 SW Fifth Ave. Portland, OR 97204 addressed the Commission opposing the proposal. Mr. Willis, representing clients who own a substantial portion of the land in the Triangle, summarized the handout distributed earlier in the evening to the Commissioners and asked them to review it. Mr. Willis Page 4 - Planning Commission Minutes - June 20, 1994 III'. i! All: 1151ug asked the Commission to look back at the overwhelming opposition to the proposal and not ignore public process and input sections of the Statewide Land Use Goals and Guidelines. In conclusion, Mr. Willis stated his objection to the process. He said those present tonight were presented with the notion that the City Council accepted the proposal by resolution and directed the Planning Commission to go forward with it letting staff and technical people drive things, defeating public input. e President Pyre clarified for Mr. Willis that the direction from City Council was to move forward with the concept of the proposal. a Don Pollock, 1834 SW 58th Ave., Portland, OR 97221, said he had been buying and owned Tigard Triangle property for 30 years and had been waiting for the completion of Dartmouth before doing anything. a Gerald Cach, 15170 SW Sunrise Ln., Tigard, OR 97224 submitted for the record, two letters and a petition signed in March 1993 by 98% of the property owners between 68th and 70th opposing the zone change. Mr. Bill Erdle informally addressed the Commission regarding the petition indicating he took exception to the presentation of the petition as he felt alot of residents were confused about the issue when they signed the petition. Mr. Cach commented that Mr. Erdle was the only citizen that voted to not retain the zoning. ® Gordon S. Martin, 12265 SW 72nd Ave., Tigard, OR 97223 highlighted for those present, what he thought was the economics of changing a single family residence to a multi- family residence or commercial property. He asked that the record reflect that he and his father are in the process of consolidating a 10-12 acre site east of 72nd St. and own or under option ten acres and they oppose multi-family or Commercial Professional zoning on their properties and requested either the zoning stay Commercial General or converted to Commercial General. a Ed Christensen, Director of Engineering, 9600 SW Oak St., Ste. 230, Tigard, OR 97223 said his company represented approximately 17-1/~2% of the currently General-Commercial developable portions in the Tigard Triangle. He said the Triangle area was one of the most commercially viable in all of the Portland area market and there was no single location that was more accessible in the metro area than the Triangle. Page 5 - Planning Commission Minutes - June 21 1994 • r Mr. Christensen said he felt re-zoning the Triangle area would put extreme pressures on the urban growth boundary and Tigard had a responsibility to the entire metro area. !r' Mr. Christensen said he believed the orientation of the commercial site between 72nd and 68th would be viable in its `a configuration and should be left as it is presently designated. He said he agreed with Mr. Gordon's comments regarding the economic return of a multi-family site and the property in the Triangle was very expensive and barely commercially viable. Be said multi-family designation would be out of the question on a single family site. Mr. Christensen responded to Commissioner Saxton's request to clarify his comments regarding the commercial viability of the Tigard Triangle. r a JoAnne Nordling, 7105 SW Elmhurst St., Tigard, OR 97223 said she said she served on the first NPO Board in the 170's and remembered that as a result of the many NPO sessions, one of the concerns was that each individual residential area be kept liveable. Ms. Nordling said her family had resided on Elmhurst St. for almost 39 years and regretfully, they feel it is now time to relocate as the neighborhood was very noisy and there were no ammenities for upscale development. a Debbie Scott, 7085 SW Elmhurst St., Tigard, OR 97223, talked on behalf of the Scott family, residents of Elmhurst St. for 29 years. She said the family doesn't want to be surrounded by apartments or commercial buildings and would be willing to relocate but for it to be worthwhile, needed the zoning to be Commercial-General. ® Sharon Moore, 11710 SW 69th, Tigard, OR 97223, said she had worked and resided within the Triangle for 24 years. She said they were told the area was zoned commercial before purchasing their home, and now, if given a choice, would prefer the commercial zoning. Ms. Moore said if zoned commercial, the traffic and occupancy would be during the daytime and she said the Triangle was not suitable for upscale development. ® Bill Horne, 7160 SW Baylor, Tigard, OR said he was a happy owner, loved the area and opposed to the plan in general. He said the majority of the group he represented, prefer, for now, to leave the zoning as is. Mr. Horne urged the Planning Commission to use its influence to let the proposal rest at least 60 days. ® Calvin Barrett, 7175 SW Beveland, Tigard, OR 97223, spoke opposing the change. His home is currently on the market, 5 advertised as commercial property. He said all homes on the Page 6 - Planning Commission Minutes - June 20, 1994 q ''I'll Li EM.1 go .10A EN 3 street but 3, have gone commercial and he summarized for the Commission the commercial residents of his neighborhood. a Joe Hughes, 7035 SW Hampton, Tigard, OR 97223, a business owner located in the Tigard Triangle along Hampton Street, west of 70th Ave., submitted for the record a letter addressing his concern regarding future transportation planning issues as they relate to the Tigard Triangle. He said the letter suggested an alternative to OTAK's suggestion that 70th Ave. be developed as a collector road. a Rod Canet, 746L 03-1 Beveland, Tigard, OR 97223 said he was unaware under NPO-4, the Phil Lewis school site was zoned as commercial property and asked John Acker for clarification. John Acker, Associate Planner, responded that the City has a two map system; Land Use classification for public institutional and Zoning classification for Commercial- General. Mr. Canet said he endorsed maintaining Phil Lewis as a school site and then addressed other related issues including the recently defeated school bond issue. Referring to the colored map of the Triangle, Mr. Canet asked John Acker if there was a provision to protect the wetlands along Highway 217. John Acker said what Mr. Canet was referring to was for land use designation only and didn't identify potential wetlands or wetland areas and that those would be determined if and when a development is proposed. a Bill Chase, 11580 SW 72nd Ave., Tigard, OR 97223, a Tigard Triangle resident for over 20 years, referred to 72nd Ave. as a freeway. He said the noise, lights, traffic, etc. made the area less than desireable for raising a family and was opposed to the proposal on that basis. The Planning Commission took a recess from 9:20 p.m. to 9:35 p.m. PUBLIC HEARING CLOSED ® City Attorney, Pamela Beery, advised the Commission that additional research may be necessary as it appeared new evidence was heard during the Public Hearing. ® Commissioner Saporta expressed his concern about the Notice being referred to as defective. Attorney Beery said that in her opinion, the statutes were properly complied with in regards to the Notice. Page 7 - Planning Commission Minutes - June 20, 1994 b 11,1111i IN 1! 51 1 ® The Commission discussed briefly mandatory continuance and whether new evidence was heard. ® Commissioner Saporta responded to allegations that the plan had been a secret process. He stated that the process had been open and very long and public meetings were held - some with very little public input. Commissioner Saporta said the comments heard were taken into consideraton when developing the plan, including liveability and transportation. He said a significant amount of thought was given to the residents and r the Commission was sensitive to the issues. ® Commissioner Holland commented that after hearing the public testimony, he was concerned that the proposed zoning changes may be premature. He said he didn't see any sufficient reason to change the Comprehensive Plan, especially concerning the school - where testimony heard made sense that it be general- commercial. Commissioner Holland said he was beginning to have doubts about having any multi-family or any more residential areas in the Triangle and then said the best use of the Triangle as far as a tax base for the citizens of Tigard would be General-Commercial. ® Commissioner Wilson asked staff for economic justification of housing in the area and whether it was economically viable to build upscale or any kind of apartments in the area. Associate Planner, John Acker responded that a market evaluation was done a year ago that addressed the market for multi-family development. o Commissioner Saporta reviewed briefly the background of the Tigard Triangle plan and suggested that perhaps a mistake was made early in the process. Commissioner Saporta responded to President Fyre's question about the mistake he referred to. He said there appeared to be no interest for development in the area for a long time and nothing happening to encourage development. He then mentioned the Dartmouth extension stating its completion may be one reason for the increase in interest in the Triangle. ® Commissioner Schweitz stated he had similar feelings in some areas. He said it looked as though the market may drive the Tigard Triangle on its own without any help from the Planning Commission. as Commissioner Saxton said it seemed to him that the primary motivation heard during the public hearing was economics and he wondered if creating a new zone in the entire Triangle with a development size minimum of one acre would be an answer. Page•S - Planning Commission Minutes - June 20, 1994 Y•' Own, INT 3111 an! IN: NINO, 1~ 7v_ 7 a Commissioner Fyre said what he heard was concern about losing money due to being downzoned from a higher property value to a lower property value. ® Commissioner DeFrang said she agreed with other Commissioners and was leaning towards keeping the zoning as it exists and perhaps addressing each situation as they come up. a Commissioner Moore said only four of the original Commissioners remain that were present at the beginning of the process over two years ago. He referred to the open meetings and the public testimony and said adjustments were made as a result of those open forums. Commissioner Moore said alot of work was done by consultants,, staff and Commissioners and their combined knowledge should be used to make an informed decision. ® The Commissioners discussed briefly that the objections heard at the beginning of the process were the same concerns expressed tonight, specifically the downzoning. ® President Fyre said another concern addressed at the first public hearing was why the Comprehensive Plan was being changed after the NPOs worked long and hard developing it. ® City Engineer, Randy Wooley, addressed Commissioner Wilson's questions regarding the delay of the Dartmouth LID and discussion followed. ® John Acker responded to Commissioner DeFrang's question regarding the City's reasoning for the zoning change of Phil Lewis Elementary School. a Commissioner Wilson questioned staff about why the Local Improvement District took eleven years to do Dartmouth and also, what was promised to those individuals who contributed. Randy Wooley, said the challenges were regarding whether the design of the roadway was adequate and whether it would have the capacity to handle the traffic and the issues resulted in a series of lawsuits and subsequent appeals. He said also there was a challenge against the permit for access to the state highway at 99W and the City is still in the midst of lawsuits trying to settle the issue of right-of-way. Randy Wooley responded to Commissioner Holland's question regarding promises made when the LID was formed. He said he wasn't aware of any promises made to residents about the zoning remaining General-Commercial. President Fyre said the process had been a long one and staff Page 9 - Planning Commission Minutes - June 20, 1994 i all, r had done a good job in putting together a good plan for the Tigard Triangle which was the intent and then expressed his .concern about the practicality of the plan. He said one of his concerns was that the Comprehensive Plan developed by the NPO was going to be changed, a plan that should have given people a long range look at what was going to happen in the neighborhood. President Fyre continued stating the concerns heard tonight were the same as heard before. He said one of the notions at one point in time was to develop an overlay that would allow a downzoning development to take place should the market dictate it. Prsident Fyre said it's time for the Planning Commission to make a decision and outlined available options for consideration. ® Commissioner Saporta motioned for a continuance until the next meeting date of July 18, 1994 to allow the Commissioners not familiar with the plan to become more informed; to give the City Attorney the opportunity to research other issues; and for an opportunity to review the written testimony distributed at tonights meeting. Commissioner Moore seconded the motion. A voice vote was taken and the motion was approved unanimously. 5.2 SITE DEVELOPMENT REVIEW SDR 93-0022 HOLLAND/BURGERVILLE LOCATION: 11680 SW Pacific Highway (WCTM 1S1 36CD, tax lot 1700). An appeal of a Director's Decision approving a request to redevelop an existing 0.8 acre commercial site with a drive-thru restaurant with 2,570 gross square feet. APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.32, 18.62, 1€.90, 18.96,018.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.150. ZONE: C-G (General Commercial) The C-G zone provides for a range of retail goods and services, including drive-thru restaurant sites. Mark Roberts, Assistant Planner, gave the staff report. On May 10, 1994, the Planning Division recommended approval of the Burgerville Restaurant proposed for the north west corner of SW Pacific Highway and SW Dartmouth Street. The applicant appealed this decision on May 23, 1994 due to the requirements of four of the Conditions of Approval. Conditions of Approval 8 and 9 relate to limitations to direct site access from SW Dartmouth Street. Conditions of Approval 13 and 14 relate to an existing drainage line on the site which drains storm water from SW Pacific Hwy. along the site's easterly property line. APPLICANT'S PRESENTATION Page 10 - Planning Commission Minutes - June 20, 1994 Michael C. Robinson, Attorney for Stoel Rives Boley Jone3 & Grey, 900 SW Fifth Ave. Ste. 2300, Portland, OR 97204, representing The Holland, Inc., (developer and operator of Burgerville), explained in detail specifics of the appeal. He referred to Mark Roberts memorandum dated June 13, 1994 and the Conditions of Approval 8, 9, 13 and 14. s.; Mr. Robinson said he was in agreement with revisions to Condition of Approval 8 and recommended that Condition of Approval 13 be revised as per June 17, 1994 memo to Pam Beery specifically #8 on page 3 (document entered into record). Mr. Robinson verbally confirmed with Pam Beery that per their discussion, both were in agreement with recommendation of changes. Regarding Condition of Approval 14, Michael Robinson said Burgerville agreed to provide an easement to the City for sewer maintenance. Mr. Robinson then outlined for the Commission, his client's reason for appeal of Condition of Approval 9 - access to the site. Specifically, Burgerville's concern was how and when the City Engineer may determine the left turn northbound lanes on Dartmouth be restriped (which would end Burgerville's left in/left out access on Dartmouth) and asked that objective criteria be included in Condition of Approval 9. PUBLIC HEARING CLOSED a Michael Anderson, Engineering Department, explained to the Commission that the City should have the perogative to utilize all available information and not be limited to any specific item. e Mr. Robinson commented further on Burgerville's request for revision of Condition of Approval 9 and the five minute queing and higher than normal accident rate points. IV Pamela Beery explained the City's reluctance to insert the two criteria in the Condition and suggested inserting a "for example" in the wording. She said that code does grant the City Engineer the authority to modify hazardous intersections and driveway access at any time for safety, reasons. ® Randy Wooley explained the City's reasoning for not inserting specific criteria in the Condition of Approval 9. He said he was concerned about including conditions that were too specific as the City may not be able to anticipate all the conditions. ® Commissioner Holland said he agreed with both parties. Page 11 - Planning Commission Minutes - June 20, 1994 d e ® Commissioner Schweitz said the City. must have the right to determine what was a problem. ® Commissioner Wilson said he agreed with the City and that the City would not purposely be arbitrary. ® Commissioner Collson said the City shouldn't tie it's hands with specifics and he prefered to keep it open for the City Engineer to use his discretion. a Commissioner Saxton said he'd like to see conditions listed as examples to be taken into consideration with some provisions included to make changes. ® Commissioner DeFrang said she'd like to see a "for example" included and not exact wording. ® Commissioner Moore agreed with other Commissioners. He said he didn't feel City government was unreasonable and agreed with the City. ® Commissioner Saporta said that since Burgerville would like time to build clientele, he suggested leaving the wording as is. Then, if within a certain, specified timeframe, with option that if two conditions were met (queing and accident rate), during the ti.meframe, then affect the change - but beyond that change would be up to other conditions. o President Fyre said he didn't have a problem with the applicant's suggested wording and that the City Engineer should have the authority and responsibility to take action. ® After a brief discussion, Commissioner Holland motioned to include in Condition of Approval 9, using examples in the wording as suggested by the applicant. The wording shall include criteria of: when the queue extends past the driveway during more than five minutes of any hour of an average day or when accident reports indicate a higher-than-normal rate involving turning vehicles and in addition, other unforeseen circumstances shall be included in the wording. Commissioner Schweitz seconded the motion. A voice vote was taken and the motion was approved unanimously by the Commissioners present with Commissioner Moore abstaining. 6. OTHER BUSINESS 7. ADJOURNMENT - The meet'ng adjourned at 11:00 p.m. Lesle Gemmill Planning Commission Secretary ATTEST: iden. 1g/pcmtg620.Yain Page 12 - Plannin FOMM3.Ssion Minutes - June 20, 1994 iml Jig; I, I,, 11 M011 1 01111112 YQ { ~ r ' f ji 1r3iC yp r ,Vt TIGARD PLANNING COMMISSION ~a Regular Meeting Minutes ' July 18, 1994 1. Call to Order President Pyre called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Ball at 13125 SW Hall Blvd. 2. Roll Call Commissioner's Present: President Fyre, Commissioners Collson, Holland, Moore, Saporta, Saxton, Schweitz and Wilson Commissioner Absent: Commissioner DeFrang Staff Present: John Acker, Associate Planner; Pamela Beery, Planning Commission Counsel and Leslee Gemmill, Planning Commission Secretary 3. Planning Commission Communications a John Acker reported that at the last Planning Commission Meeting, a public hearing was held and then closed. The _ Commissioners received written materials and deferred deliberation to review the material. John Acker said the Planning Commission should plan tonight to continue discussion and receive no further public input on Comprehensive Plan Amendment CPA 94-0002/Zone Change ZON 94-0002 Triangle Land Use. a Pam Beery, Planning Commission Attorney, advised the Commission that she reviewed with staff, correspondence from Rece Bly, counsel for the Tigard-Tualatin School District. The correspondence addressed procedural objections to the Comprehensive Plan amendment pertaining to the Phil Lewis School site. Ms. Beery outlined for the Commission the procedures followed and stated the City was in compliance with no procedural errors. zY, r Ms. Berry then mentioned the additional legal claim brought up by dir. Bly regarding staff's failure to F demonstrate that the two criteria in the Comprehensive Plan were met - i.e, change of circumstance or mistake. She informed the Commission that what was proposed for the Phil Lewis school site. was a zoning map amendment and those criteria were not applicable. Attorney Beery then commented on the vested rights of the Dartmouth LID area. She said she found no basis on which the Planning Commission wouldn't be free to make zone change decisions on those properties because of the LID. cnt..= u1 Ms Beery responded to Commissioner Wilson's question regarding why the school property was different from the other Triangle properties. She said there were two maps the Comprehensive Plan Map and Zoning Map. She outlined for the Commission the differences between the two maps and said the Comprehensive Plan Map had different criteria required before amendment and there was no proposal to amend that map. In the Comprehensive Plan, the school site was identified as public n institutional overlay and the Triangle Plan proposal is ' to amend the underlying zoning map. e Commissioner Saporta asked Attorney Beery to comment on Section 5 of Exhibit A attached to the letter dated July 5, 1994 from Karen K. Law, Attorney, Schwabe Williamson & Wyatt. ® Attorney Beery said the assessments for the Dartmouth LID have not been levied against the properties yet so there were no liens of record and the amounts of the assessments and the actual liening will be determined based on the zoning at the time the lien is applied. ® Commissioner Saxton asked Attorney Beery to clarify that since Phil Lewis School is public institutional, was it correct that to put anything other than a school or institution at that location would require a change to the Comprehensive Plan. Attorney Beery responded affirmatively and said the applicant asked and had received a written interpretation from the City regarding this matter. 4. Comprehensive Plan Amendment CPA 94-0002/Zone Change ZON 94- 0002 Triangle Land Use: This proposal is to amend the comprehensive plan map and zoning map on 95 parcels totaling approximately 44 acres. The proposal would redesignate 14.6 acres from low-density residential (R-3.5) to medium-high density residential (R-25); 19.5 acres from commercial professional (C-P) to medium-high density residential (R-25); 2.5 acres from low density residential (R73.5) to commercial ` professional (C-P) ; 6.1 acres from commercial general (C-G) to commercial professional (C-P); and 2.5 acres from commercial general (C-G) to medium-high density residential (R-25). Also r proposed is a zone change only for two parcels totaling 11.9 acres from C-G to C-P. LOCATION: Generally east of 72nd Avenue and west of 68th Avenue, between Atlanta Street and Hampton Street in the area known as the Tigard Triangle. Also west of 72nd Avenue south of Beveland Street. APPLICABLE APPRO17AL CRITERIA: The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, 10, 12 and 13; Comprehensive Plan Policies 2.1.1, 6.1.1, 8.1.1, 8.2.2, 9.1.1, 9.1.3, PLANNING COMMISSION MEETING MINUTES - July 18, 1994 - Page 2 r y 12.1.1, and 12.1.2; Community Development Code Chapters 18.22, 11.32, 18.48, 18.56, 18.62, and 18.64; and the change or mistake quasi-judicial plan map amendment criteria of both the Comprehensive Plan and Community Development Code. COMMISSION DISCUSSION ® Commissioner Moore commented briefly about the history of the Tigard Triangle studies and public testimonies. He said that many of the existing Planning Commissioners had not been involved since the beginning of the process and he voiced his concern that they had no initial input and background knowledge. Commissioner Moore then asked how the newer Commissioners felt about having to make a decision on this important issue based on the review of the written materials distributed at the last meeting and the testimony heard at that same meeting. r' ® Commissioner Wilson responded that he didn't think the history of the study should be the basis of a decision, that a decision should be based on the criteria set out in the Community Development Plan and specific criteria regarding a change to the Comprehensive Plan. He said he personally felt some of the arguments made by Attorney Karen Law on behalf of Mr. Pollock were compelling. Commissioner Wilson then addressed some of what he thought were the City's weak areas. Regarding downzoning, he said he saw the trend to be away from residential in that area and not towards and if was the City's intent to reverse a trend, it'll meet with marginal success. Commissioner Wilson continued and said the Tigard Triangle is surrounded by major arterial and not really appropriate for residential and the City hadn't demonstrated adequately that the area was appropriate for residential. Regarding the economics of the City, Commissioner Wilson stated that the City of Tigard is already half residential and the masterplan ? stated a need for more commericial property and he 1= thought there was no better place in Tigard for auto- oriented development as the Triangle was surrounded by the biggest arteries on the west side of the Portland _ area. Commissioner Wilson said that he understood there - had been alot of citizen involvement and based on what he'd heard from the other Commissioners, the same objections were heard then that were again raised at the last public hearing. ® Commissioner Holland commented that the original Comprehensive Plan for the Tigard Triangle was applauded by the citizens of Tigard and he didn't see the need to change the zoning except. maybe on.a case, by case basis. He said wholesale changes would probably be detrimental to the neighborhoods and the way the citizens look at the PLANNING COMMISSION MEETING 14INUTES - July 18, 1994 - Page 3 a City and its officials. He affirmed Commissioner Wilson's comments about the responsibility to carry out citizen wishes and in general, agreed with Commissioner Wilson's other stated comments. e In response to Commissioner Collson's question regarding the rationale of the Tigard Triangle Study, John Acker explained that approximately 2-1/2 years ago, the City Council felt there wasn't much development occurring in the Tigard Triangle and there was an abundance of developable or redevelopable land there. The City Council individually talked to developers in the area and came to the conclusion that planning for the development of the area was a good idea. The Planning Commission worked with professional planning consultants, staff, citizens, chamber of commerce, etc. to develop a land use master plan where the primary goal would be to allow the creation of a community in that area for people to live, work, shop and play. With that as a goal, the Planning Commission approved and the City Council accepted the master plan. After the land use master plan was accepted, the City was awarded an Urban Growth Management Grant from the Department of Land Conservation and Development, and with assistance from a steering committee comprised of ODOT, Tri-Met, DLCD officials and an advisory committee of land owners and residents, developed the specific area plan with the intent to provide for planning for the development of the defined area surrounded by Interstate 5, Highway 217 and Pacific Highway. In conclusion, Mr. Acker said that from the beginning, the idea was to take a different look at the Triangle from a planning and community standpoint and not from a profit maximization and property owner standpoint. e Commissioner Saporta said he also was involved from the beginning of the Tigard Triangle planning process and agreed there wasn't any movement in the development of that area at that time and Cub Foods and Costco weren't in the picture during that planning process. He said the area was being maintained as G-C and he saw the character of the area clearly changing. He said he thought it was important about whether there was a mistake made and that back then, he would have said yes but today, it was still a question for him and he wasn't sure anymore. He responded to an earlier comment regarding the area not being appropriate for residential and said he clearly heard from individuals living in an area within the Triangle that said they wanted the residential neighborhoods preserved. He said that during ,the planning process, citizens of the Triangle were asked what they'd like seen done in that area and there was PLANNING COMMISSION MEETING MINUTES - July 18, 1994 - Page 4 San= neither overwhelming support or dissatisfaction with the plan but a concern about the downzoning was evident. Commissioner Saporta said also that school district officials didn't express. their concerns at that time about the Phil Lewis School site, a school he understood to have dwindling enrollment with the possibility of revitalization by the encouragement of more residential in the area. In conclusion, Commissioner Saporta thought it was a unique opportunity to plan and those opportunities were not always presented and stated again his question about whether a mistake was made and whether a change was needed, either popular or unpopular. ® President Pyre said the City saw a need for development in the Tigard Triangle, they received grant funds and the Planning Commission was asked to participate. He said a number of public hearings were held and opposition in his mind was there from the very first meeting; opposition to dowrnzoning as it could cost the residents. As the process progressed, a series of meetings were held, and then there was a period of time with silence. The City Council was talked to and they conceptually liked the area and wanted the study continued. President. Fyre then mentioned the 80 signature petition opposing the zone change received today and distributed this evening to the Commissioners. ® Commissioner Schweitz said he thought a change was being heard and the plan in itself was good. He mentioned seeing that the direction Metro was wanting to take in the area was well and good but he felt this particular area was not ready for that and because of Costco and Cub Foods, the area was showing development, an area with good access that would get better as development proceeded. In conclusion, Commissioner Schweitz said perhaps it was time to let the market continue to drive what happened in the Tigard Triangle. ® Commissioner Saxton said it would have been nice to do something creative with a piece of Tigard and come up with an innovative solution to the Tigard Triangle area. He pointed out that he felt what the Planning Commission heard from the people that either own property or live there, was their interest in maximizing the profit potential from selling their property. Commissioner Saxton said one side of him thought it best to zone the entire area G-C and let the people do whatever. However he was also disappointed that clot of people had put alert of time and effort into something creative that may not be realized,. He said he thought it was interesting that in the last two years, the school district had changed its position on the Phil Lewis site as district officials had earlier told the Planning Department it had no plans PLANNING COMMISSION MEETING MINAS - July 18, 1994 - Page 5 ry ENRON r to eliminate the school. Commissioner Saxton expressed his concern about the fact that the State had decided not to do anything with the Highway 217 and Interstate s interchange and questioned the potential problem associated with the addition of more cars in that area. in conclusion, Commissioner Saxton said he felt if the people wanted to sell their property as commercial, then make it commercial and let it go at that. 0 President Fyre commented that the City entered into this process of trying to determine what to do with the Tigard Triangle when the area wasn't developing. He said the City did a good faith move to try and do something with the Triangle, something good and innovative and a benefit to the residents within the Tigard Triangle. He said the Planning staff led the Planning Commission and consultant in that direction however, during that time, the market took off, and development started taking place. President Fyre said unfortunately, people put alot of stake in the Comprehensive Plan as a long range planning document. He said it would have been nice to do something innovative in the Tigard Triangle however when the majority of the neighborhood would take an economic hit, and then to do something with the viability and longevity of the Comprehensive Plan, in his mind, it would be really hard to justify not to see a significant change there. He also said he didn't see a mistake from the start. In conclusion, he said unfortunately, it was a learning experience to have gone through this process and he complimented the citizens on their presentations at the last meeting saying their thoughts were articulated well and their points organized. a Commissioner Holland motioned that the Planning Commmission deny the Comprehensive Plan Amendment CPA 94® 0002/Zone Change ZON 940002. Commissioner Wilson seconded the motion. a Commissioner Saporta asked whether each Commissioner got the opportunity to voice their opinion. e Commissioner Moore stated he thought the points brought up by the other Commissioners were good. He said he agreed there had been a change and it was too bad there was so much time taken on the Dartmouth extension. There were no comments on the motion. ® A voice vote was taken on the motion and the motion was approved unanimously by the Commissioners present. & PYANNIRG COMMISSION MEETING MIND rS July 18, 1994 - Page 6 a President Pyre suggested to the citizens present that they save their input for the City Council and encouraged them to attend the public hearing. The Commissioners then discussed briefly sending supplemental comments to the City Council and decided not to that each situation should be handled on a case by case basis. 6. Other Business None 7. Adjournment The tweeting adjourned at 8:15 p.m. LP a.. , D Leslee Gemmill, Planning Commission Secretary c A11112 Ts r e re /2g/pcmtg718.do PLANNING COMMISSION MEETING MINUTES - July 18, 1994 - Page 7 i UMME