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City Council Packet - 06/14/2011 111 a - TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING June 14, 2011 COUNCIL MEETING WILL BE TELEVISED I:\Design & Communications\Donna\City Councihccpktl Cathy Wheatley 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov '1 City of Tigard _ Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD, AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE June 14, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting (Agenda Revised AND TIME: 6/8/11 - Added Agenda Item 2.B., Resolution Acknowledging Tigard High School Student Envoy Tracie Tran) MEETING City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 LOCATION: PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http: / /www.tvctv.org /government - programming /govern m ent- meetings /tigard CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6 :00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard TIGARD Tigard Business Meeting — Minutes TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND June 14, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business TIME: Meeting MEETING LOCATION: City of Tigard - Town Hall -13125 SW Hall Blvd., Tigard, OR 97223 STUDY SESSION A. DISCUSSION OF PLAZA RELOCATION RESOLUTION B. Administrative Items • June 14 Business Meeting Information: o Citizen Communication • Consider resolution for Tracie Tran. Next year's Tigard High School Student Envoy plans to be present: Associated Student Body Activities Officer Courtney Bither • Beaver Pond /Summer Lake o Consent Agenda: Cost -of- Living Adjustment - Non - Represented Management Group o Councilor Wilson to request removal of Consent Agenda Item No. 3.D for separate discussion. (2011 -12 CIP Tree Canopy Replacement Project List o Agenda Item No. 4 - If I Were Mayor Contest - ■ Jenelle Gaerlan, Poster Contest Winner from St. Anthony's, accompanied tonight by parent Ru Gaerlan. • Logan Phillips, Essay Contest Winner from St. Anthony's, accompanied tonight by parents Lisa and Sean Phillips. o Councilor Wilson to declare conflict of interest and withdraw from Council discussion on Agenda Item No. 5 - Public Hearing regarding Westside Christian High School land use application. o Staff requests Agenda Item 13.A. (Local Contract Review Board) be removed from the agenda, which was to Award Contract for Citywide Grounds Maintenance Services... • Balloon Festival - Mayor and Council Members are reminded to let Emergency Manager Coordinator Mike Lueck know if they will attend the Balloon Festival. (Mike's contact information: mikel @tigard - or.gov or 503 - 718 -2593) TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov 1 Page 1 of 9 • Council Meeting Calendar: o June 21 - Workshop Meeting - 6:30 p.m. o June 28 - Business Meeting - 6:30 p.m. Study Session; 7:30 Business Meeting • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Business Meeting Agenda - Next Page TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov 1 Page 2 of 9 7:30 PM 1. BUSINESS MEETING - JUNE 14, 2011 TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD, AND CITY CENTER DEVELOPMENT AGENCY A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) A. Follow -up to Previous Citizen Communication B. Approve Resolution Acknowledging and Commending Trade Tran for her Service as Tigard High School Student Envoy for school year 2010 -11. RESOLUTION NO. 11 -17 - A RESOLUTION ACKNOWLEDGING AND COMMENDING TRACIE TRAN FOR HER SERVICE AS THE TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD C. Tigard Area Chamber of Commerce D. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:35 PM A. Approve City Council Minutes 1. April 19, 2011 2. April 26, 2011 TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard - or.gov 1 Page 3 of 9 B. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meetings C. Approve Community Development Block Grant Consortium Intergovernmental Agreement D. Approve FY 2011 -12 Capital Improvement Program (CIP) Tree Canopy Replacement Project List RESOLUTION 11 -18 - A RESOLUTION APPROVING A LIST OF CAPITAL IMPROVEMENT PROGRAM (CIP) TREE CANOPY REPLACEMENT PROJECTS IN EXCESS OF 10% GREATER THAN THE TREE REPLACEMENT FEE IN THE MASTER FEES AND CHARGES SCHEDULE E. Approve the Washington County Cooperative Library Service (WCCLS) Public Library Service Agreement F. Approve Cost -of- Living Adjustment for Non - Represented Management Group July 1, 2011 • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council / City Center Development Agency has voted on those items which do not need discussion. 4. ANNOUNCE 2011 "IF I WERE MAYOR" CONTEST AWARD WINNERS 7:40 PM 5. QUASI-JUDICIAL PUBLIC HEARING - WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT (CPA) 2011 -00001 AND ZONE CHANGE (ZON) 2011 -00001 7:50 PM REQUEST: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for a single 7.44 -acre lot from Professional /Administrative Commercial (C -P) to Mixed -Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. LOCATION: The property is located at 8200 SW Pfaffle Street. The site is bounded by SW Pfaffle on the north, Hwy. 217 on the west, and Pacific Hwy. on the south; Washington County Tax Assessor's Map 1S136CC, Tax Lot 100. ZONE: C -P: Professional /Administrative Commercial District. The C -P zoning district is TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov 1 Page 4 of 9 designed to accommodate civic and business /professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units /net acre, i.e., equivalent to the R -40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C -P zoning district are intended to serve as a buffer between residential areas and more - intensive commercial and industrial areas. MUE: Mixed - Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units /acre, equivalent to the R -25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit- related park - and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intradistrict pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. COMPREHENSIVE PLAN DESIGNATION: Professional /Administrative Commercial to Mixed -Use Employment. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Goals: 1, Citizen Involvement; 2, Land Use Planning; 9, Economic Development; 10, Housing; 11, Public Facilities and Services; 12, Transportation; 13, Energy Conservation; Same Statewide Planning Goals; Oregon State Transportation Planning Rule (TPR); and the Metro Regional Transportation Plan (RTP). • Open Public Hearing — Mayor • Statement by City Attorney Regarding Procedure • Declarations or Challenges o Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? o Have all members familiarized themselves with the application? o Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? • Staff Report: Community Development Staff • Public Testimony o Proponents o Opponents o Rebuttal/Final argument by applicant • Staff Recommendation TIGARD CITY COUNCIL MEETING MINUTES - June 14, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard- or.gov 1 Page 5 of 9 • Close Public Hearing • Council Discussion and Consideration: Ordinance No. 11 -03 ORDINANCE NO. 11 -03 -- AN ORDINANCE APPROVING A COMPREHENSIVE PLAN MAP AMENDMENT (CPA2011- 00001) AND ZONE MAP AMENDMENT (ZON2011- 00001) FOR 8200 SW PFAFFLE STREET, CHANGING THE COMPREHENSIVE PLAN DESIGNATION FROM PROFESSIONAL COMMERCIAL TO MIXED USE EMPLOYMENT AND CHANGING THE ZONING CLASSIFICATION FROM (C -P) TO (MUE), SUBJECT TO A CONDITION OF APPROVAL IMPOSING A TRIP CAP ON THE SITE. THE SUBJECT PROPERTY IS TAX LOT 100, WASHINGTON COUNTY TAX ASSESSOR'S MAP 1S136CC. 6. PUBLIC HEARING - CONSIDER FY 2010 -11 SUPPLEMENTAL BUDGET AMENDMENT TO RECOGNIZE $17 MILLION PARKS BOND PROCEEDS; ADDRESS CORRECTION TO STREET MAINTENANCE AND GAS TAX FUNDS; CORRECT WATER CAPITAL IMPROVEMENT PROGRAM; CORRECT GENERAL OBLIGATION DEBT SERVICE FUND; INCREASE PROFESSIONAL /CONTRACTUAL SERVICE; INCREASE TRANSFER FROM WATER FUND; RECOGNIZE GRANTS AND INTERGOVERNMENTAL REVENUES; RECOGNIZE TOTAL EXPENSES AND REVENUES ASSOCIATED WITH GRANT REVENUES FOR KNOLL AT TIGARD; AND CORRECT WATER BUILDING LEASE PAYMENT 8:30 PM • Open Public Hearing • Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention • Staff Report: Finance and Information Services Staff • Public Testimony o Proponents o Opponents • Staff Recommendation • Council Questions • Close Public Hearing • Council Consideration: Resolution No. 11 -19 RESOLUTION NO. 11 -19 -- A RESOLUTION TO ADOPT A SUPPLEMENTAL BUDGET TO ACHIEVE THE FOLLOWING: 1) TO RECOGNIZE THE $17 MILLION PARKS BOND PROCEEDS; 2) CORRECT THE BUDGETS FOR THE GENERAL OBLIGATION DEBT SERVICE, GAS TAX, STREET MAINTENANCE FEE, AND WATER CAPITAL IMPROVEMENT FUNDS; 3) RECOGNITION OF GRANT AND INTERGOVERNMENTAL REVENUES FOR PUBLIC WORKS, POLICE, AND THE CAPITAL IMPROVEMENT PROGRAM; 4) BUDGET OF UNANTICIPATED EXPENDITURES IN POLICY AND ADMINISTRATION. TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or.gov 1 Page 6 of 9 7. PUBLIC HEARING - APPROVE RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES 8:40 PM • Open Public Hearing • Summation by Finance & Information Services Staff • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • Council Consideration: Resolution No. 11 -20 RESOLUTION NO. 11 -20 -- A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES. 8. PUBLIC HEARING - APPROVE RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING 8:45 PM • Open Public Hearing • Summation by Finance & Information Services Staff • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • Council Consideration: Resolution No. 11 -21 RESOLUTION NO. 11 -21 -- A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING. 9. APPROVE RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE, WHICH REPLACES RESOLUTION 10 -30 AND ALL SUBSEQUENT AMENDMENTS TO DATE • Staff Report - Finance and Information Services • Council Discussion • Council Consideration: Resolution No. 11 -22 RESOLUTION NO. 11 -22 -- A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO 10 -30 AND ALL SUBSEQUENT AMENDMENTS TO DATE. TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov 1 Page 7 of 9 10. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED 8:55 PM • Open Public Hearing • Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention • Staff Report: Finance & Information Services Staff • Public Testimony o Proponents o Opponents • Staff Recommendation • Council Questions • Close Public Hearing • Council Consideration: Resolution No. 11 -23 RESOLUTION NO. 11 -23 -- A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE APPROVED BUDGET, WITH ADJUSTMENTS, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2012. 11. PUBLIC HEARING CITY CENTER DEVELOPMENT AGENCY - CONSIDER A RESOLUTION ADOPTING THE CITY CENTER DEVELOPMENT AGENCY FISCAL YEAR 2011 -12 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES 9:10 PM • Open Public Hearing • Declarations or Challenges: Does any CCDA Board Member wish to declare or discuss a conflict of interest or abstention • Staff Report: Finance & Information Services Staff o Public Testimony o Proponents • Opponents • Staff Recommendation • CCDA Questions • Close Public Hearing • CCDA Consideration: Resolution No. 11 -01 CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 11 -01 -- A RESOLUTION ADOPTING THE FISCAL YEAR 2011 -2012 BUDGET, with adjustments, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or.gov 1 Page 8 of 9 12. PUBLIC HEARING - TO RECEIVE PUBLIC INPUT ON THE CANDIDATE CRITERIA AND /OR PROFILE TO BE USED IN THE RECRUITMENT AND SELECTION OF THE NEW CITY MANAGER 9:15 PM • Open Public Hearing • Staff Report: City Management, Human Resources Staff • Public Testimony • Staff Recommendation • - Council Questions • Close Public Hearing • Council Consideration of Public Input: Proposed Motion -- Approve the Tigard City Manager candidate criteria andl or profile as presented in the draft candidate pmfile brochure with the following changes... (list any changes the Mayor and City Council members determine they want to add as a result of the public testimony) 13. LOCAL CONTRACT REVIEW BOARD: 9:30 PM Center This item removed per request from staff. B. Award Contract for Citywide Janitorial Services to Tualatin Valley Workshop C. Award Contract for Parks Acquisition and Improvement Management Services to Conservation Technix, Inc. 14. COUNCIL LIAISON REPORTS 15. NON AGENDA ITEMS 16. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 17. ADJOURNMENT 9:45 PM TIGARD CITY COUNCIL MEETING MINUTES — June 14, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard - or.gov 1 Page 9 of 9 S€ SsSi AIS -510 Item #: A. Business Meeting Date: 06/14/2011 Length (in minutes): 10 Minutes Agenda Title: Discussion of Plaza Location Resolution Submitted By: Sean Farrelly Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: City Center Development Agency ISSUE Discuss the need to consider locations other than the Steven's Marine site for a Downtown public plaza location. STAFF RECOMMENDATION / ACTION REQUEST Direct staff to prepare a resolution to amend resolutions 07 -03 and 08 -01 to allow consideration of other locations for a future Downtown public plaza KEY FACTS AND INFORMATION SUMMARY The Tigard Downtown Improvement Plan and the Urban Renewal Plan both recognized the need for public plaza and open space in Downtown that would serve as the "green heart" of Tigard. The plaza would be the site for community events as well as a catalyst for further redevelopment of the Downtown. A yearlong planning process in 2007 -2008 resulted in the Fanno Creek Park and Plaza Master Plan, which identified the location of the plaza as the Stevens Marine site. City Center Development Agency (CCDA) resolution 07 -03 identified the Stevens Marine property as the site of the Downtown public plaza. A subsequent CCDA resolution, 08 -01, adopted the Fanno Creek Park and Plaza Master plan, which also identified the property as the plaza site. As reported in the January 25, 2011 CCDA study session, after the adoption of these resolutions, staff made a concerted effort to work with the Stevens Marine property owners and representatives to negotiate a practicable arrangement. The owners of the property and business have stressed their wish to keep Stevens Marine in operation, and thus the need for to consider other locations for a suitable plaza site. The issue of the plaza location has become more time sensitive, as the parks acqusition bond approved by voters in November 2010 made available up to $1.7 million for park land in the Downtown. These funds need to be expended within three years of bond sale per state law. The Stevens' site may not be realistically available, even looking beyond three years, and there may be other suitable sites in the Downtown with less complicated relocation issues. At its May 11, 2011 meeting the City Center Advisory Commission (CCAC) approved a motion recommending that $1.7 million in bond funds be utilized for a public plaza. They also recommended that the CCDA consider sites in addition to the Stevens Marine site for the public plaza. In the next few months, additional sites will be assessed for suitability by staff and the CCAC. The CCAC will make recommendations to the Parks and Recreation Board (PRAB) and the CCDA via executive sessions. To maximize flexibility in the search for a suitable site, the CCDA is requested to consider a proposed resolution that will amend the previous resolution and state that other sites in the Downtown will be considered for the public plaza. This resolution would appear on a future consent agenda. OTHER ALTERNATIVES CCDA could direct staff to not propose the resolution. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal 2: Implement Downtown and Town Center Redevelopment Opportunities Fanno Creek Park and Plaza Master Plan DATES OF PREVIOUS COUNCIL CONSIDERATION January 25, 2011 CCDA study session CCDA resolution 07 -03, selecting the location for the Downtown Plaza CCDA resolution 08 -01, adopted the Fanno Creek Park and Plaza Master plan UP GOMINC EVENTS 1 Good Morning Tigard (GMT)— Business Networking — 7:30- 9:OOam - i a • 06/14/11— BLUEBIRD TRANSFER • Hosted at their location, 7555 SW Tech Center Drive, Tigard, OR • 06124/11— (FRIDAY GMT) Tigard Festival of Balloons • Hosted at their location, in Cook Park, Tigard, OR o 06/301 1— Country Financial —John Mathia • Hosted at the Tigard Chamber, 12345 SW Main Street, Tigard, OR • 07/7/11— Simple Pleasures Salon Spa • Hosted at their location, 12755 SW 69 Ave #206, Tigard, OR • 07/14/11—Acceleration Chiropractic C. • Hosted at their location, 15495 SW Sequoia Parkway #150, Tigard, OR \)`5 Other Chamber Events \?<Q' ` ,n� Lunch & Learns— Free, Noon to 1:00 p.m. /c4) • Hosted at Tigard Chamber, Pearson Room, Noon — 1:OOp.m., BYOL • 051511 - Essential Business Legal Milestones & Annual Checkups it 460 • 07/06/11- "Insuring your Retirement" -How to avoid the losses • 07/20111 - Sustainable Business Practices Register for these events on our website Lunch Local — No Host Lunch, 2 & 4th Wed of each month 11:45 a.m. to 1 p.m. • 06/22/11— George's Hamburgers • 07/13/11 - The Blitz Sports Pub • 07/27/11 - Thirsty Lion Tigard's 3rd Tuesday After Hours — Free, 5:00 — 6:30 p.m. • June 21 - Hosted by OregonLive.com event is taking place at Live, Laugh, Love, Glass on Main Street in Downtown Tigard Tigard, Tualatin and Sherwood Joint Chamber Networking Friday 6/26 at TFOB — 7:30 a.m. State of the Chamber & Board Elections Luncheon — Tuesday, 6/28/11, Embassy Suites • Details coming soon, check the web and the newsletter Legislative Report out with Senator Burdick and Representative Doherty 7/12 5 -6pm at the Tigard Chamber Pearson Community Room For more about these and other events, go to www.tigardareachamber.org /directory /events To sign up for our newsletter, e-mail infoc tigardchamber.org and put newsletter in the subject line s P- s .. u Find us on Faceba0k 5 �� wkie e 1 SO s,! O ° F� °► cot AIS -552 Item #:7.B. Business Meeting Date: 06/14/2011 Length (in minutes): 5 Minutes Agenda Title: Approve Resolution Acknowledging and Commending Tigard High School Student Envoy Tracie Tran for Her Service Submitted By: Carol Krager City Management Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE Shall Council approve a Resolution acknowledging and commending Tracie Tran for her service as the Tigard High School Student Envoy to the City of Tigard STAFF RECOMMENDATION / ACTION REQUEST Motion to approve resolution. KEY FACTS AND INFORMATION SUMMARY Tigard High School Associated Student Body President Tracie Tran has ably performed as Tigard High School Student Envoy to the Tigard City Council by attending Council meetings and reporting on school activities and milestones. For past student envoys Council has traditionally considered a resolution acknowledging them for their service at the end of the school year. This is Tracie's last meeting as she will be graduating on June 10, 2011. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 4. Advance Methods of Communication DATES OF PREVIOUS COUNCIL CONSIDERATION n/a Attachments Resolution AGENDA ITEM NO. 2 - D CITIZEN COMMUNICATION DATE: June 14, 2011 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: S d j a Also, please spell your name as it sounds, if it will n f help the presiding officer pronounce: Rerld 4t C1 l) L I sa? 64 e rr ��t'�!� ��✓ Address i 2/ 9 S (,� er e S f a C 1 u a City ; State ) Zip 7r?� Q Phone No. -_57) 3 -- 5 7 l d h C ' \ Also, please spell your name as it sounds, if it will {L help the presiding officer pronounce: Cep. Address J,`--\ 1\ City \ U� State 1/4�� Zip CO aa� Phone No. S - U\ Name•' /ply 62E4* {14f -4- Also, please spell your name as it sounds, if it will /:�/- d 1 4(1 help the presiding officer pronounce: Address / O s ;W A-, hi& i2t- City T r-6 State � - Zip 912 Phone No. 50-.35 ?(3 7 CITIZEN COMMUNICATION AGENDA ITEM NO. 2 - D CITIZEN COMMUNICATION DATE: June 14, 2011 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF P ease Print CONTACTED Name:. V r kA-3 Also, please spell y. name as it sounds, if it will help the presiding officer pronounce: V Nits Address V i\c-f t C ‘, s= City State b(L \ Zip e l Phone No. S '�3 � { - £31 Name: • crgc,EN cr( ?M\ - Also, please spell your name as it sounds, if it will q-12-144\ e_ 04 C)t.) help the presiding officer ronounce: U�. r�s� �• L \ \ Q er *L F)-4- S Address 'U a:5.'S Sk.,3 CA N S City err Q fts State 0 (L Zip CIS t7 Phone No. 531 3 O °410 G Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AGENDA ITEM NO. 2 - D CITIZEN COMMUNICATION DATE: June 14, 2011 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All wri Urn and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please P ' CONTACTED Name: ' fi ll c t Also, please spell your name as it sounds, if it will y/ help the presiding officer pronounce: .I�, r 'ZI Address AMSAI MW 'r !' /e e City t Q E' CI State Zip C ' -5 (` Phone No. J 9 2-$ c. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Agenda Item No. 2 - Citizen Communication Photos from Jerry Welsh, 12405 SW Winterlake `� y Drive, Tigard, OR 97223 • - " x r ', tar ✓ 4 '''..-•1"- ate . .o), r.wi .j " + ir t, ti '� 5P 4 x i,. � y 7 . t 4 i ` fir, ; , •' i nl t M 1 1 , . t ■ \ ' /. ', f )4 d 1 %! 1 � - , f' ' 1 i +' ry r `, , . thy: 1 r 1 1 � I d Y ` I ' . l y F l { _ .. .011011111114 ''''.1111**41011PT -._ ' . ' r Item # ?i Newsletter dated: Cal /0/// 1.1 -r/ 312/1 rY1 [mot -11/1 " City of Tigard TIGARD Memorandum To: Honorable Mayor and City Councilors From: Assistant Public Works Director Brian;Rager� Re: Merestone Beaver Dam SUPPLEMENTAL PACKET FOR to 4' - / Date: June 10, 2011 (DATE OF MEETING) You have seen an abundance of media coverage and e-mails containing various bits of information regarding the removal of an abandoned beaver dam near 121st Avenue. Some of what has been reported is not accurate. The purpose of this memo is to provide: • Information about the Public Works Department's history with the Merestone neighborhood beaver dam. • The reasons that led up to our removing the debris left by the abandoned dam. • Some facts based on current law with respect to beaver management. History The Merestone beaver dam was in place for many years. Aerial photos suggest that the dam has been there for at least 20 years. These photos also show that water levels behind the dam increased and decreased several tunes since 1996 when our yearly aerial photos were initiated. The Public Works Department has spent considerable time and energy managing beaver activity in our urban environment. The Merestone beaver dam is located in a difficult spot, directly upstream of our roadway culverts under 121st Avenue. Problems arise when loose material, such as limbs and sticks from an abandoned beaver dam, washes into those culverts. Over the last 10 years, this has not been much of a problem. Citywide, public works has taken a "hands -off" approach to beavers. Staff consulted with Clean Water Services (CWS) and Oregon Department of Fish and Wildlife (ODFW) and determined that unless a beaver dam creates problems for public infrastructure, the beavers and their dams actually improve water quality and natural aesthetics. However, higher water levels can cause sewer manholes and trails to flood, and dam materials can obstruct culverts and storm drains. Changes On Saturday, April 16, 2011, at 7:53 p.m., our on -call person received a call from our answering service reporting that the Merestone beaver dam had broken apart and water levels behind the dam had receded several feet. Our crews responded to the site on Monday, April 18, 2011 and found that indeed the darn had ruptured and water was bypassing the dam. Materials from the darn were carried downstream and were caught in the culverts under 121st Avenue. This occurred during a high -water event. In order to remove the materials from the culvert, staff members, tethered by ropes, had to enter the culvert and remove the debris by hand. This work was very dangerous and every precaution was taken to ensure the safety of our staff. In addition to removing the materials in the culvert, our staff removed additional materials from the dam itself. These materials consisted of sticks and limbs that had been dislodged from the dam and were likely to be washed downstream and'into the culverts. The intact portion of the dam was left alone; we were expecting the beavers to re- build. The following week, we began to receive phone calls, most of which were accusatory in nature, from a few of the neighbors adjacent to the pond. They claimed our staff had purposely destroyed the dam and were trying to chase the beavers away. For the record, our staff did not break the dam. And our experience has shown us that it is next to impossible to chase beavers away. We have over the years intervened with beaver dams because of infrastructure concerns mentioned above. We have tried "beaver deceiver" devices that work for a short time, but eventually fail. We also lowered the height of dams to reduce high water. None of these actions have deterred the beavers. They simply outsmart us by circumventing the device or by re- building the dam. The only way to remove beavers from an area permanently is by trapping, which will be covered later in this memo. In the case of the Merestone dam, over the next several weeks, our staff noted that the beavers were not re- building the dam. In fact, our staff had previously seen the colony of beavers further downstream from 121st Avenue, constructing what appeared to be a new dam and lodge. As we monitored the Merestone dam, as well as the activity downstream, it became apparent that the beavers were not trying to repair the old dam. And as the spring rains continued to wash loosened material into the culverts, our staff began to evaluate options. On May 10, 2011, I visited the site with Storm Supervisor Rob Block. The following photos were taken during that visit: • Photo #1: A view upstream that shows the sewer manhole: f La I I i � 1 hq " '4. ' ' - S r .. '' • si . �, f ,_ , V440 1 44_ 4 %., -4 . l r•.r+ ; .,.y�r ,; � � ...4 Y , 4 . 4 X51 . ,.. In Photo #1, one can see the remaining portion of the old dam, but also can see how far the pond water level had dropped. The breach in the dam is located just upstream of the sever manhole shown in the picture. Photo #2: Downstream view showi • wooer debris L . 1 . r bv� . ' + .s ,,, rte �k • t�. r r ` ' a r L ) I II { Lei_ r , �: .� 1 $ l� ry ,. S OS . " ;Y c a^r. In Photo #2, we see the other end of the intact portion of the dam and additional loose material that had washed up on the bank, just upstream of the culverts. Based on my observations, it was apparent that the beavers were not re- building the dam and that the loose materials were a continued threat to our culverts. As such, I gave the direction to have our crew remove the remaining portion of the dam and the remainder of the loose material as soon as the weather made it feasible. On Thursday, June 2, 2011, our crew entered the area to perform the work. The following photos were taken: Photo #3: Breach in dam r `✓,` 1 'r f a Y :5 • t • " .. - . t P . ,-..:, , . ...,,, ,. .... _... 4' r I Vz. P. .:., ,, f r Photo #3 shows the water bypassing the main dam and flowing adjacent to the sewer manhole. Photo #4: Breach in dam with human repair evidence t 1 , 111 4 , , ' C !. -�'�. • . , ' • . t l 1 t om Ir, _�,.. , t.� i iI iii Photo #4 shows the intact part of the beaver dam (larger portion to the right) and a smaller section slightly upstream of the breach. It was this section that our staff found piles driven into the stream, a pallet, tarp material, firewood and square -cut sticks wedged in. Our staff also found large gabion rock that had been removed from around the sewer manhole and placed in the bottom of the channel in the breach area. It was clear that the materials in this section were placed by human hands, not by beavers. Photo #5: Work in pro • ess s; • :' • —_ _+r.. ••••• - - • . :'�� I l i : ': -. - - ' , Photo #6: Backhoe •lacement r ,%, ' ," \ 1 ` , e at ' , if! , 41 ,, ; �a �: -, I ? ' : ♦ ' 1 ' a L ALt m j . I t s ', ` • `' ctit 4 n . T • 't.• Vii: 1 ; , •• ,,*0 Photo #7: Work neari • corn .letion ilW • J What Are the City's Obligations? There are no hard and fast rules with respect to beaver management in an urban setting. There are guidelines provided by ODFW (attached). Those guidelines acknowledge that beavers and their dams create problems for public infrastructure and lay out three potential methods for controlling them: • Preventing conflicts and remedying existing problems • Lethal control • Relocation It is probably fair to say that Tigard has employed most, if not all of the above three methods over time. Live trapping of beavers for relocation is done in coordination with licensed trappers through The United States Department of Agriculture (USDA). USDA trappers also trap beavers for lethal removal as well. Tigard staff would not be permitted to move or kill beavers. Tigard's preferred solution is the first one, to prevent conflicts and remedy problems. Under ODFW guidelines, there are suggestions for how to protect existing trees using barriers, and how to control flooding with the use of flow devices, or beaver deceivers. In addition, the guidelines discuss dam removal as an option, but properly point out that dam removal is usually futile because beaver will quickly repair a dam. And by quickly, our experience shows that beavers will repair a dam within days or a couple of weeks. Tigard is one of only a few cities in the area that employ a hands -off approach to the beaver. At least one neighboring city removes dams immediately upon discovery and employs the lethal control method for the beavers. Tigard agrees with ODFW in that beaver dams provide benefit to the environment, such as: • Improving water quality by detaining water and slowly releasing it downstream. • Creating habitat and food sources for juvenile fish, insects, amphibians, waterfowl, bats and songbirds. • Providing wildlife viewing opportunities for residents. In speaking with ODFW staff in recent days, it has become clear that their response to the residents at the Merestone Pond on June 9, 2011, would have been significantly altered if Tigard staff would have given them a courtesy notice that we would be performing the work. ODFW staff appears to understand the need for us to remove the debris, but would have benefited from the information that led up to our work. Summary The Public Works Department considers itself a steward of the public infrastructure, which includes the green infrastructure. We balance as best as we can the needs of the public, while remaining sensitive to environmental impacts associated with our work. We continue to stand by our hands -off approach with respect to beavers and recommend we continue that practice. Intervention is a last resort and is only employed when there is a threat to public infrastructure. Attachment: ODFW Guidelines: -- "Living with Wildlife: American Beaver" Citizen ommunications — June 14, 2011 4, : °:,,,,�....,� .- Agenda Item No. 2 Assistant Public Works Director Rager Presentation — _, ' Beaver Dam — Merestone Pond — Summerlake Photo 1 •! `_ , e ': y �! i • , . . .!. r-• '�n. u /' 'i, , 11 , _ „. • .. 1 ` , •1 , -1 •_,, "f + i l, Al t ! e 1 1 .i -_ :• i � 4 !� 'k ; a \ i 4 � 1 + � . � � � �j /f • s %t _ t } '. , ` \r � _'^ . • 1 - s / " I. 1 ( \ \\ h • • t - ■ , .. id f ?rz '+ - , • Cat v • -4;-,..... v-f • ft!'" 1 •,., t• - - i r r r r)J t r 0 : :: ,. s 06812112[r � 7 X40 ms i , I `" 4 1T � P - � }_ ` ,�, 1 l � �` , f l �— a .r . ., 1 r ..�.ly`� $ _ _ _ a - ..: ■ -- sprairmworm■, .t.. • . '' „ ' 74 . ,,, , i ,-„,,,, :k; "' , A Ci g w en e d n a Comm unications No. —June 14, 2011 . , . . , , -:. n D e ir p e o c n to d r_R s a umm ger P - - v Beaver D --- 1 _...,,eit.. Li, '. it p i . , ' N-- ,,. _-,,.... 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Business Meeting Date: 06/14/2011 Length (in minutes): Consent Item Agenda Title: Approve Council Minutes Submitted By: Cathy Wheatley Administrative Services Item Type: Motion Requested Meeting Type: Council Business Meeting - Main ISSUE Approve minutes as proposed. STAFF RECOMMENDATION / ACTION REQUEST See "Issue." KEY FACTS AND INFORMATION SUMMARY See "Issue." OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments April 19. 2011 Minutes April 26. 2011 Minutes AIS -551 Item #: 3. B. Business Meeting Date: 06/14/2011 Length (in minutes): Consent Item Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda Submitted By: Cathy Wheatley Administrative Services Item Type: Meeting Type: Consent Agenda ISSUE Receive and File: 1. Council Calendar 2. Tentative Agenda STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY N/A OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Council Calendar Tentative Agenda Agenda Item No. IN For Agenda of June 14, 2011 • • MEMORANDUM TIGARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: June 7, 2011 Regularly scheduled Council meetings are marked with an asterisk ( *). June 14* Tuesday Council Business Meeting — 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 28* Tuesday Council Business Meeting — 6:30 pm, Town Hall July 12* Tuesday Council Business Meeting — 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 26* Tuesday Council Business Meeting — 6:30 pm, Town Hall August 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 234* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for c mtg 110614.doc (a/f.vioi Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 6/7/2011 11:56 AM Form Meeting Submitted By Meeting Title Department Inbox or # Date Type Finalized 390 06/21/2011 Carol Krager 1AAA (W orkshop Meeting 282 06/21/2011 Judith Gray CCWKSHOP 45 Minutes - Annual Joint meeting with Tigard Transportation Advisory Committee Community Gray 3, Sr Development Transportation Planner 474 06/21/2011 Joseph Barrett CCWKSHOP 60 Minutes - Review Proposed Changes to Tigard's Public Contracting Rules Financial and LaFrance T, Fin /Info Information Services Svcs Director 504 06/21/2011 Nadine CCWKSHOP 20 Minutes - Tigard Municipal Court Annual Report Administrative Services Robinson N, Admin. Robinson Svcs. Manager 540 06/21/2011 Greer Gaston CCWKSHOP 15 Minutes - Discussion on the Submission of a Non - Renewal Letter Regarding the Public Works Goodrich 3, Utility Div Regional Water Sales Agreement with the City of Portland Manager 545 06/21/2011 Dennis CCWKSHOP 10 Minutes - Portland Water Contract: Notice of Termination Public Works TEM NEEDS TO BE Koellermeier UBMITTED 548 06/21/2011 Joseph Barrett CCWKSHOP45 Minutes - Discussion on Tigard's Public Contracting Processes Financial and LaFrance T, Fin /Info Information Services Svcs Director I 11 391 1106/28/2011 Carol Krager IIAAA IBusiness Meeting 1 11 I� f _.._ II 518 06/28/2011 Susan Hartnett ACCSTUDY 30 Minutes - Discuss Potential Administrative Rulemaking Municipal Code Community Hartnett S, Asst CD Amendments Development Director Total Time: 30 of 45 minutes have been scheduled I —_ I 435 06/28/2011 Greer Gaston ACONSENT Consent Item - Receive and File the 2010 Pavement Condition Report, Including Public Works Gaston G, Conf Street Maintenance Fee Findings Executive Asst 501 06/28/2011 Ted Kyle ACONSENT Consent Item - Approve Real Property Transfer - Matsumoto (PW will complete title) Public Works Gaston G, Conf Executive Asst 528 06/28/2011 Sean Farrelly ACONSENT Consent Item - Resolution to consider additional sites for downtown public plaza Community Farrelly S, Redev Project) Development Manager 1 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 6/7/2011 11:56 AM 537 06/28/2011 Alison Grimes ACONSENT Consent Item - Approve Appointment of Tigard Library Board Members and AlternatelLibrary 541 06/28/2011 Greer Gaston ACONSENT Consent Item - Submit a Non - Renewal Letter Regarding the Regional Water Sales Public Works Goodrich 3, Utility Div I Agreement with the City of Portland Manager 547 06/28/2011 Tom Imdieke ACONSENT Consent Item - Approve FY 2011 Edward Byrne Memorial Justice Assistance Local Police Orr A, Chief Solicitation Grant Application 538 06/28/2011 Joseph Barrett CCBSNS 10 Minutes Consent Item - Contract Award - Water Quality Testing and Laboratory Financial and Services Information Services 546 06/28/2011 Joseph Barrett CCBSNS 10 Minutes - Contract Award - 100th Avenue Sanitary Sewer Project Financial and LaFrance T, Fin /Info I Information Services Svcs Director 357 06/28/2011 John Goodrich CCBSNS 15 Minutes - Consider Amending Tigard Municipal Code Chapter 12, Water and Public Works Goodrich J, Utility Div I Sewers Manager 447 06/28/2011 Joanne CCBSNS 5 Minutes - Proclaim Geography Awareness Week - August 1 -7, 2011 City Management 03/08/2011 Bengtson 1456 1106/28/2011 IlTed Kyle IkCCBSNS 1115 Minutes - CIP Update - Focus: Public communications actions taken on project (Public Works IiKyle T, City Engineer 11 485 06/28/2011 Ted Kyle CCBSNS 15 Minutes - Info Public Hearing on Finalizing Sanitary Sewer District No. 50 - Public Works Koellermeier D, Public I Canterbury Drive Works Dir 515 06/28/2011 John Goodrich CCBSNS 10 Minutes - Discuss Amendments to Tigard Municipal Code Chapter 2.04 Public Works Goodrich 3, Utility Div I Administrative Rules Manager 1 If Total Time: 80 of 110 minutes have been scheduled 392 07/12/2011 Carol Krager AAA Business Meeting 531 07/12/2011 Susan Hartnett ACCSTUDY 20 Minutes - Discuss Code Compliance Related Municipal Code Amendments Community Hartnett 5, Asst CD Development Director 539 07/12/2011 Greer Gaston ACCSTUDY 15 Minutes - A Briefing on Computerized Maintenance Management System (CMMS) Public Works Rager B, Asst. PW Software Replacement Director 'Total Time: 35 of 45 minutes have been scheduled I _ 11 2 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 6/7/2011 11:56 AM 498 07/12/2011 Steve Martin ACONSENT Consent Item - Adoption of the Park and Recreation Advisory Board Bylaws Public Works Martin S, Parks Manager I 53007/12/2011 Loreen Mills ACONSENT Consent Item - Approve Workers' Compensation Insurance for City Volunteers City Management 06/06/2011 I 523 07/12/2011 Cheryl CCBSNS 60 Minutes - Quasi - Judicial Public Hearing: Comprehensive Plan Amendment, Sensitive Lands Community Caines C, Assoc Planner I Caines Reviews and Adjustment to Extend Wall St. to Fields Property Development Total Time: 60 of 110 minutes have been scheduled i _ - II 393107/19/2011 Carol Krager AAA 1Workshop Meeting . II 32407/19/2011 Judith Gray CCWKSHOP 30 Minutes - HCT Land Use Plan Update Community Development 371 07/19/2011 Joanne CCWKSHOP 10 Minutes - 2nd Quarter City Council Goal Update City Management Bengtson 3, Exec Asst to Bengtson City Mgr 511 07/19/2011 Sean Farrelly CCWKSHOP45 Minutes - Downtown Marketing and Revitalization Presentation Community Farrelly S, Redev Project I Development Manager 51607/19/2011 Todd Prager CCWKSHOP'60 Minutes - Urban Forestry Code Revisions Project Update Community Prager T, Assoc Development Planner /Arborist 53207/19/2011 Susan CCWKSHOP45 Minutes - Tentative - Discuss Potential Administrative Rulemaking Municipal Code Community Hartnett S, Asst CD Hartnett Amendments Development Director . II 39407/26/2011 Carol Krager RAAA Business Meeting 1 I I II 48107/26/2011 Duane CCBSNS 30 Minutes - Public Hearing to Accept Trail System Master Plan, Adopt Minor Policy and Community Roberts D, Project Roberts Regulatory Changes, and Adopt a Project Priorities List Development Planner 53307/26/2011 Susan CCBSNS 30 Minutes - Potential Public Hearing to Consider Tigard Municipal Code Amendments Community Hartnett S, Asst CD Hartnett Development Director I °Total Time: 60 of 110 minutes have been scheduled I 11 3 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ - City Council Tentative Agenda 6/7/2011 11:56 AM I395II08/09/2011Carol Krager 1 •AA Business Meeting 11 0 Ii x_ 11 22208/09/2011 Susan CCBSNS 45 Minutes - Public Hearing - Amend the Tigard Municipal Code Abatement Regulations Related Community Hartnett S, Asst CD Hartnett to Code Compliance and Amend 2011 -12 Master Fee Schedule Development Director 463I08/09/2011lTed Kyle ICCBSNS 115 Minutes - CIP Update - Projects in design IlPublic Works Kyle T, City Engineer 52608/09/2011 Kent Wyatt CCBSNS 15 Minutes - Review of 2011 Oregon Legislative Session and Analysis of Adopted Legislation Administrative Prosser C, City Manager I Supporting City Council's Priorities Services 1 IlTotal Time: 75 of 110 minutes have been scheduled I 396II08 /16 /2011VVCarol Krager (AAA IlWorkshop Meeting 11 11 II 108 /23 /2011IICarol Krager lAAA IlBusiness Meeting 11 11 II 514 08/23/2011 John ACCSTUDY 10 Minutes - Discuss Amendments to TMC Chapter 12, Water and Sewer Public Works Gaston G, Conf Executive I Goodrich Asst I IlTotal Time: 10 of 45 minutes have been scheduled II 52708/23/2011 Ron Bunch CCBSNS 60 Minutes - Public Hearing Community Caines C, Assoc Planner I Development 1 'Total Time: 60 of 110 minutes have been scheduled I399II09 /13 /2011IICarol Krager IIAAA ( Business Meeting II II II II (0 9/20/2011 IC arol Krager IIAAA 'Workshop Meeting 1 I I---_ __- II 1417II09/20/2011Greer Gaston CCWKSHOP1I45 Minutes - Annual Joint Meeting with the Park and Recreation Advisory Board Public Works Martin S, Parks Manager I I Total Time: 45 of 180 minutes have been scheduled I 11 1401((09 /27 /2011IICaroi Krager IIAAA IlBusiness Meeting 11 11 II I II I402II10 /11 /2011IICaroI Krager IIAAA IlBusiness Meeting 11 11 II I403II10 /18 /2011IICarol Krager IIAAA I orksho. Meetin. 1._________11 _11 4 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 6/7/2011 11:56 AM I II 325 10/18/2011 Judith Gray CCWKSHOP 30 Minutes - HCT Land Use Plan Update Community Development 373 10/18/2011 Joanne CCWKSHOP 10 Minutes - 3rd Quarter Update to 2011 Council Goals City Management Bengtson J, Exec Asst to Bengtson City Mgr Total Time: 40 of 180 minutes have been scheduled �. II 1404110/25/2011 Carol Krager !AAA Business Meeting 11 5 AIS -512 Item #: 3. C. Business Meeting Date: 06/14/2011 Length (in minutes): Consent Item Agenda Title: Community Development Block Grant Consortium Intergovernmental Agreement Submitted By: Duane Roberts Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Should Council adopt a resolution authorizing the Mayor to sign a revised Intergovernmental Agreement (IGA) with Washington County reaffirming the city's desire to participate in the county -wide Community Development Block Grant (CDBG) Consortium? STAFF RECOMMENDATION / ACTION REQUEST Adopt the resolution authorizing the Mayor to sign the IGA. KEY FACTS AND INFORMATION SUMMARY Tigard has been a member of the Washington County Community Development Block (CDBG) Consortium since at least the early eighties. During that time, the city has received funding for a variety of capital projects benefiting income - qualified residents throughout the city. The remodel of the Tigard Senior Center and sidewalks and associated improvements in the vicinity of the Knoll are recent examples of projects receiving major CDBG funding. Tigard's existing intergovernmental cooperative agreement with Washington County for participation in the Community Development Block Grant program expires on July 1, 2011. The agreement contains an automatic renewal clause. In previous cycles, cities that elected not to opt out automatically continued their partnership. However, this cycle the county counsel determined that given the number and extent of HUD- required changes incorporated into the new agreement, the automatic renewal clause is inoperative and the revised agreement must be re- adopted by member jurisdictions to preserve their participation. The attached resolution states the city's desire to continue its participation in the Washington County CDBG Consortium and authorizes the Mayor to sign the revised IGA. None of the proposed changes to the IGA are substantive. A marked -up copy of the IGA is attached to allow comparison between the old and revised agreements. OTHER ALTERNATIVES Not approve the resolution and opt out of the Community Development Block Grant Program COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This is the renewal of an agreement entered into with Washington County in 1999 to continue Tigard's partnership in the CDBG program. DATES OF PREVIOUS COUNCIL CONSIDERATION The same agreement was adopted by Council in a modified form in 1999. Fiscal Impact Cost: NA Budgeted (yes or no): NA Where Budgeted (department/program): NA Additional Fiscal Notes: Approving the IGA enables the city to continue its participation in the county consortium and maintain its eligibility to receive CDBG funds from the county for city projects benefiting low and moderate income residents. As grant funding becomes available, its use is budgeted. Approving the IGA does not directly impact the budget. Attachments CDBG IGA CDBG IGA with Mark -Ups Resolution 3, C .4 61 a-Ch me7L / INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS 2012 - 2014 This Agreement is entered into between Washington County ( "COUNTY "), a political subdivision of the State of Oregon, and the City of ( "CITY "), a municipal corporation of the State of Oregon located within Washington County, for the cooperation of units of local government under the authority of ORS 190.010. RECITALS WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 ( "THE ACT "), the Housing and Urban/Rural Recovery Act of 1983, the Housing and Community Development Act of 1987, the National Affordable Housing Act of 1990; and WHEREAS, Congress has declared that the nation's cities, towns and small urban communities face critical social, economic and environmental problems; and WHEREAS, Congress has further found and declared that the future welfare of the Nation and the well being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic and political entities; and WHEREAS, the primary objective of the Act(s) is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, the parties to the agreement are dedicated to the elimination of slums, blight and the prevention of blighting influences and the deterioration of property; the improvement of neighborhood and community facilities of importance to the welfare of the community, principally for persons of low and moderate income; and WHEREAS, the parties are dedicated to the elimination of conditions which are detrimental to health, safety and public welfare, through code enforcement, demolition, interim rehabilitation assistance and related activities; and WHEREAS, the parties are dedicated to the conservation and expansion of existing public housing stock in order to provide a decent home and a suitable living environment for all persons but principally those of low and moderate income; and WHEREAS, the parties are dedicated to the expansion and improvement of quantity and quality of community services, principally for persons of low and moderate INTERGOVERNMENTAL AGREEMENT Page 1 of 6 income, which are essential for sound community development and for the development if viable urban communities; and WHEREAS, the parties are dedicated to a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers; and WHEREAS, the parties are dedicated to the reduction of the isolation of income groups within communities and geographical areas and the promotion of an increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deterioration or deteriorated neighborhoods to attract person of higher income; and WHEREAS, the parties are dedicated to the restoration and preservation of properties of special value for historic, architectural or aesthetic reasons; and WHEREAS, the parties are dedicated to the alleviation of physical and economic distress through the stimulation of private investment and community revitalization in areas with population outmigration or a stagnating or declining tax base; and WHEREAS, the parties are dedicated to the conservation of the Nation's scarce energy resources, improvement of energy efficiency and the provision of alternative and renewable energy resources; and WHEREAS, the parties desire to join together to meet the criteria for an urban county in order to qualify to receive funds to meet each of these national objectives NOW THEREFORE, in consideration of the mutual promises and benefits given and received within this agreement, the parties agree to each and every term contained below: II. MUTUAL COVENANTS 1. The City and the County agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities. 2. The parties agree that this agreement covers the CDBG Entitlement program, the HOME Investment Partnerships program (HOME), and the Emergency Shelter Grant Program (ESG). 3. The parties agree to take all actions necessary to assure compliance with the urban county's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. INTERGOVERNMENTAL AGREEMENT Page 2 of 6 4. Both parties agree that the County has the fmal responsibility for selecting CDBG, HOME, and ESG activities and annually filing required documents with HUD. III. CITY COVENANTS 1. The City expressly agrees that as the cooperating unit of general local government it has adopted and is enforcing the following requirements of law: 1.1 A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 1.2 A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions. 2. The City agrees that it is subject to the same requirements applicable to subrecipients set forth in 24 CFR 570.501 (b). 3. The City agrees in order to participate as a subrecipient under the terms of this agreement it shall enter into a contract as required by 24 CFR 570.503. 4. The City agrees that the County as the recipient is responsible for ensuring that CDBG, HOME, and ESG funds are used in accordance with all program requirements. The County as recipient is responsible for determining the adequacy of performance under subrecipient agreements. 5. The City authorizes the inclusion of its population for purposes of the Act, and joins together with other units of general local government to qualify the County as an urban county for Housing and Community Development Act block grant funds. 6. The City agrees it may not apply for grants from appropriations under the State CDBG program for fiscal years during the period in which it participates in the urban county's CDBG program. 7. The City agrees that it may not receive either HOME or ESG formula allocations, except through the County. Regardless of whether the County receives a HOME formula allocation, City agrees that it may not form a HOME consortium with other local governments. ". IV. TERM OF AGREEMENT 1. This Agreement shall remain in effect for three Fiscal Years commencing July 1, 2012, and ending June 30, 2015, which shall constitute the urban county qualification period. 2. This agreement shall remain in effect until the CDBG, HOME, and ESG funds and program income received (with respect to activities carried out during the INTERGOVERNMENTAL AGREEMENT Page 3 of 6 three -year qualification period, and any successive qualification periods) are expended and the funded activities completed. 3. The Agreement shall be automatically renewed for participation by the parties for successive three -year qualification periods unless either party provides written notice to the other that it elects not to participate in the new qualification period. The parties agree to send any such notice to the HUD Field Office at 400 SW Sixth Avenue, Suite 700, Portland, OR 97204, upon such election. 3.1 The urban county shall send a written notice to the City advising of the City's right to elect not to participate in the next automatic urban county qualification period. The County shall send the notice to the City by the date specified in HUD's Urban County Qualification Notice for the next qualification period. County shall send a copy of the notice to HUD. 3.2 The failure by either party to adopt an amendment to this agreement incorporating all changes necessary to meet the requirements for cooperation agreement set forth in the Urban County Qualification Notice applicable for any subsequent three -year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification Notice will void the automatic renewal of subsequent qualification periods set forth in Section IV.3 above. V. TERMINATION 1. This Agreement may be terminated by the County in the event funding is no longer available; otherwise, neither party may terminate or withdraw from the Agreement while the Agreement remains in effect VI. ENFORCEMENT 1. The County is responsible for ensuring that CDBG, HOME, and ESG funds are used in accordance with all program requirements. The County may use any available legal methods to ensure compliance by the City. 2. The County is also responsible for determining the adequacy of performance under all applicable subrecipient agreements and procurement contracts and for taking appropriate action when performance problems arise, such as action described in 24 CFR 570.910. The County may use any available legal methods to ensure compliance by the City. 3. The County shall not distribute any CDBG, HOME, or ESG funds for activities in or in support of the City if the City does not affirmatively further fair housing within its own jurisdiction or acts in a manner that impedes the County's actions to comply with its fair housing certification. VII. POLICY BOARD INTERGOVERNMENTAL AGREEMENT Page 4 of 6 For the purpose of developing an annual Community Development Plan and Programs as required by Title I of the Act, a Policy Board is hereby continued which shall guide the plan and program development, make recommendations to the County upon the criteria to be utilized in selecting eligible Housing and Community Development Act activities within Washington County, and recommend to the County the program priorities. 1. The Policy Board shall be composed of one representative and a designated alternate from the County and each participating unit of general local government. The County and City shall have one vote on the Board. Jurisdictions shall appoint an elected official as primary and an employee or other public official as an alternate. 2. The Policy Board shall adopt bylaws, study, review, hold public hearings, supervise the public review and information process, and recommend to Washington County on all matters related to the Housing and Community Development Act as amended. Activities shall include making recommendations concerning the Housing and Community Development Plan (Consolidated Plan), and annual action plan(s), a five -year non - housing Community Development Plan, performance reports, citizen participation plans, and developing or directing studies necessary to gather data or information on which to base its recommendations. 3. After public hearings, the Policy Board shall make final recommendation on the Housing and Community Development Plan (Consolidated Plan) which may be accepted by Washington County at public meeting and submitted to the Department of Housing and Urban Development as the Washington County application; provided that , should all or part of the recommended plan not be considered acceptable to the County, the Board of County Commissioners shall hold at least one (1) public hearing on the plan and program prior to rejection or amendment of the recommended plan. The County shall be responsible for filing required documents with HUD. 4. Projects may be implemented and funds expended in accordance with subgrant agreements between the County and other jurisdictions signatory to this Agreement. INTERGOVERNMENTAL AGREEMENT Page 5 of 6 VIII. CERTIFICATION The parties by the signatures below certify that the governing body of each party has authorized entry into this Agreement. IN WITNESS, the undersigned parties have executed this Agreement this day of WASHINGTON COUNTY CITY OF BY By Chair, Board of Washington County Commissioners Title Date Recording Secretary Date I certify that the terms and provisions of this Intergovernmental Agreement are fully authorized under the state and local law and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community renewal and lower income housing assistance activities. Paul L. Hathaway III Senior Assistant County Counsel INTERGOVERNMENTAL AGREEMENT Page 6 of 6 19 chmerr - 2 INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS 2012 - 2014 This Agreement is entered into between Washington County ( "COUNTY"), a political subdivision of the State of Oregon, and the City of ( "CITY "), a municipal corporation of the State of Oregon located within Washington County, for the cooperation of units of local government under the authority of ORS 190.010. I. RECITALS WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 ( "THE ACT"), the Housing and Urban/Rural Recovery Act of 1983, the Housing and Community Development Act of 1987, the National Affordable Housing Act of 1990; and WHEREAS, Congress has declared that the nation's cities, towns and small urban communities face critical social, economic and environmental problems; and WHEREAS, Congress has further found and declared that the future welfare of the Nation and the well being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic and political entities; and WHEREAS, the primary objective of the Act(s) is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, the parties to the agreement are dedicated to the elimination of slums, blight and the prevention of blighting influences and the deterioration of property; the improvement of neighborhood and community facilities of importance to the welfare of the community, principally for persons of low and moderate income; and WHEREAS, the parties are dedicated to the elimination of conditions which are detrimental to health, safety and public welfare, through code enforcement, demolition, interim rehabilitation assistance and related activities; and WHEREAS, the parties are dedicated to the conservation and expansion of existing public housing stock in order to provide a decent home and a suitable living environment for all persons but principally those of low and moderate income; and WHEREAS, the parties are dedicated to the expansion and improvement of quantity and quality of community services, principally for persons of low and moderate INTERGOVERNMENTAL AGREEMENT Page 1 of 6 income, which are essential for sound community development and for the development if viable urban communities; and WHEREAS, the parties are dedicated to a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers; and WHEREAS, the parties are dedicated to the reduction of the isolation of income groups within communities and geographical areas and the promotion of an increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deterioration or deteriorated neighborhoods to attract person of higher income; and WHEREAS, the parties are dedicated to the restoration and preservation of properties of special value for historic, architectural or aesthetic reasons; and WHEREAS, the parties are dedicated to the alleviation of physical and economic distress through the stimulation of private investment and community revitalization in areas with population outmigration or a stagnating or declining tax base; and WHEREAS, the parties are dedicated to the conservation of the Nation's scarce energy resources, improvement of energy efficiency and the provision of alternative and renewable energy resources; and WHEREAS, the parties desire to join together to meet the criteria for an urban county in order to qualify to receive funds to meet each of these national objectives NOW THEREFORE, in consideration of the mutual promises and benefits given and received within this agreement, the parties agree to each and every term contained below: II. MUTUAL COVENANTS 1. The City and the County agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities— epefiieelly 2. The parties agree that this agreement covers bet -the CDBG Entitlement program, end-the HOME Investment Partnerships program (HOME). and the Emergency Shelter Grant Program (ESG). 3. The parties agree to take all actions necessary to assure compliance with the urban county's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. INTERGOVERNMENTAL AGREEMENT Page 2 of 6 4. Both parties agree that the County has the final responsibility for selecting CDBG,exd -HOME. and ESG activities and annually filing required documents with HUD. III. CITY COVENANTS 1. The City expressly agrees that as the cooperating unit of general local government it has adopted and is enforcing the following requirements of law: 1.1 A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 1.2 A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within iurisdictions. 2. The City agrees that it is subject to the same requirements applicable to subrecipients set forth in 24 CFR 570.501 (b). 3. The City agrees in order to participate as a subrecipient under the terms of this agreement it shall enter into a contract as required by 24 CFR 570.503. 4. The City agrees that the County as the recipient is responsible for ensuring that CDBG,end -HOME, and ESG funds are used in accordance with all program requirements. The County as recipient is responsible for determining the adequacy of performance under subrecipient agreements. 5. The City authorizes the inclusion of its population for purposes of the Act, and joins together with other units of general local government to qualify the County as an urban county for Housing and Community Development Act block grant funds. 6. The City agrees it may not apply for grants from appropriations under the StWell Cities•er -State CDBG programs frim- apprepriet for fiscal years during the period in which it is- participatesieg in the urban county's CDBG program. 7. : The City agrees that it may not receiveeither HOME or ESG formula allocations, Formatted: Font: (Default) Times New except through the County. Regardless of whether the County receives a HOME Roman, 12 pt formula allocation. City agrees that it may not form a HOME consortium with Formatted: Font: (Default) Times New other local government" _ _ . , Roman, 12 pt _ ...,,• Formatted: Font: (Default) Times New Roman, 12 pt IV. TERM OF AGREEMENT 1. This Agreement shall remain in effect for three Fiscal Years commencing July 1, 2012 and ending June 30, 2015, which shall constitute the urban county qualification period. INTERGOVERNMENTAL AGREEMENT Page 3 of 6 2. This agreement shall remain in effect until the CDBG,_-awl-HOME. and ESG funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods) are expended and the funded activities completed. 3. The Agreement shall be automatically renewed for participation by the parties for successive three -year qualification periods unless either party provides written notice to the other that it elects not to participate in the new qualification period. The parties agree to send any such notice to the HUD Field Office at 400 SW Sixth Avenue. 520 SW Six c, Suite 700, Portland, OR 97204, upon such election. 3.1 The urban county shall send a written notice to the City advising of the City's right to elect not to participate in the next automatic urban county qualification period. The County shall send the notice to the City by the date specified in HUD's Urban County Qualification Notice for the next qualification period. County shall send a copy of the notice to HUD. 3.2 The failure by either party to adopt an amendment to this agreement incorporating all changes necessary to meet the requirements for cooperation agreement set forth in the Urban County Qualification Notice applicable for any subsequent three -year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification Notice will void the automatic renewal of subsequent qualification periods set forth in Section IV.3 above. V. TERMINATION 1. This Agreement may be terminated by the County in the event funding is no longer available; otherwise, neither party may terminate or withdraw from the Agreement while the Agreement remains in effect I. ENFORCEMENT 1. The County is responsible for ensuring that CDBG,- end -HOME. and ESG funds are used in accordance with all program requirements. The County may use any available legal methods to ensure compliance by the City. 2. The County is also responsible for determining the adequacy of performance under all applicable subrecipient agreements and procurement contracts and for taking appropriate action when performance problems arise, such as action described in 24 CFR 570.910. The County may use any available legal methods to ensure compliance by the City. 3. The County shall not distribute any CDBG, or ESG funds for activities in or in support of the City if the City does not affirmatively further fair housing within its own jurisdiction or acts in a manner that impedes the County's actions to comply with its fair housing certification. INTERGOVERNMENTAL AGREEMENT Page 4 of 6 VII. POLICY BOARD For the purpose of developing an annual Community Development Plan and Programs as required by Title I of the Act, a Policy Board is hereby continued which shall guide the plan and program development, make recommendations to the County upon the criteria to be utilized in selecting eligible Housing and Community Development Act activities within Washington County, and recommend to the County the program priorities. 1. The Policy Board shall be composed of one representative and a designated alternate from the County and each participating unit of general local government. The County and City shall have one vote on the Board. Jurisdictions shall appoint an elected official as primary and an employee or other public official as an alternate. 2. The Policy Board shall adopt bylaws, study, review, hold public hearings, supervise the public review and information process, and recommend to Washington County on all matters related to the Housing and Community Development Act as amended. Activities shall include making recommendations concerning the Housing and Community Development Plan (Consolidated Plan), and annual action plan(s), a five -year non - housing Community Development Plan, performance reports, citizen participation plans, and developing or directing studies necessary to gather data or information on which to base its recommendations. 3. After public hearings, the Policy Board shall make final recommendation on the Housing and Community Development Plan (Consolidated Plan) which may be accepted by Washington County at public meeting and submitted to the Department of Housing and Urban Development as the Washington County application; provided that , should all or part of the recommended plan not be considered acceptable to the County, the Board of County Commissioners shall hold at least one (1) public hearing on the plan and program prior to rejection or amendment of the recommended plan. The County shall be responsible for filing required documents with HUD. 4. Projects may be implemented and funds expended in accordance with subgrant agreements between the County and other jurisdictions signatory to this Agreement. INTERGOVERNMENTAL AGREEMENT Page 5 of 6 VIII. CERTIFICATION The parties by the signatures below certify that the governing body of each party has authorized entry into this Agreement. IN WITNESS, the undersigned parties have executed this Agreement this day of WASHINGTON COUNTY CITY OF BY By Chair, Board of Washington County Commissioners Title Date Recording Secretary Date I certify that the terms and provisions of this Intergovernmental Agreement are fully authorized under the state and local law and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community I renewal development and lower income housing assistance activities, speei€ieelly -arhen Paul L. Hathaway III Senior Assistant County Counsel INTERGOVERNMENTAL AGREEMENT Page 6 of 6 AIS -522 Item #: 3. D. Business Meeting Date: 06/14/2011 Length (in minutes): Consent Item Agenda Title: Approve FY 2011 -12 Capital Improvement Program (CIP) Tree Canopy Replacement Project List Prepared For: Todd Prager Submitted By: Todd Prager Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE As required by Resolution 11 -16, staff seeks Council approval to implement a defined list of FY 2011 -12 Capital Improvement Program (CIP) Tree Canopy Replacement projects that may be, on average, more than 10% greater than the Tree Replacement Fee in the Master Fees and Charges Schedule. STAFF RECOMMENDATION / ACTION REQUEST Approve attached list of CIP Tree Canopy Replacement Projects. KEY FACTS AND INFORMATION SUMMARY On May 24, 2011, Council adopted Resolution 11 -16 which includes a provision that "the average cost to plant and provide three (3) years of early establishment for each tree planted in a particular year shall be no more than 10% greater than the Tree Replacement Fee in the City of Tigard's Master Fees and Charges Schedule for that particular year unless otherwise approved by Tigard City Council." The Tree Replacement Fee is currently $125 per caliper inch. According to Resolution 11 -16, the cost of planting and providing 3 years of maintenance shall be no more than 10% greater than $125 per caliper inch ($137.50 per caliper inch) without Council approval. Resolution 11 -16 requires Council approval to implement the attached CIP Tree Canopy Replacement project list because the estimated average cost to plant and provide 3 years of maintenance between all projects (approximately $200 per caliper inch) is in excess of $137.50 per caliper inch. There are a number of reasons the project List will exceed $137.50 per caliper inch. First, the existing Tree Replacement Fee was not designed to cover the costs in addition to planting such as; project administration, public outreach, project design, permitting, 3 years of maintenance, and city overhead. Next, the Tree Replacement Fee has remained unchanged since 2004. Finally, priority tree planting projects such as those proposed within ODOT right of way along Pacific Highway and Highway 217 are typically more expensive than more accessible projects such as those within parks and natural areas. In conjunction with the ongoing Urban Forestry Code Revisions (UFCR) Project, the Tree Board and UFCR Citizen Advisory Committee will examine and make recommendations about an Urban Forestry Program , including funding options. As part of Council's consideration of the expected code amendments, changes may also be recommended to the fee structure and amount. OTHER ALTERNATIVES Council's option is to delete these projects from the attached CIP Tree Canopy Replacement project list. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Comprehensive Plan, Urban Forest Section Urban Forestry Master Plan Capital Improvement Plan DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $150,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Community Development Additional Fiscal Notes: These projects are a continuation of the City's ongoing tree replacement program and funding is included in the Approved FY 2012 Budget and Approved FY 2012 -2016 Capital Improvement Program. Tree replacement funds can only be used to mitigate for canopy loss. Attachments Resolution Approving a List of Capital Improvement Program Tree Canopy Replacement Projects Attachment 1 - Memo to Council Regarding Project Costs Attachment 1. Exhibit A - Draft Ash Creek Reforestation Project Plans Attachment 1. Exhibit B - Draft Pacific Highway Median Plans Attachment 1. Exhibit C - Proposed Pacific Highwkv /217 Interchange Project Location Attachment 1. Exhibit D - Proposed 72nd Ave. /217 Interchange Project Location AIS -529 Item #: 3. E. Business Meeting Date: 06/14/2011 Length (in minutes): Consent Item Agenda Title: Approve the Washington County Cooperative Library Service (WCCLS) Public Library Service Agreement Prepared For: Margaret Barnes Submitted By: Alison Grimes Library Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Washington County has issued a new WCCLS Public Services Library Agreement. STAFF RECOMMENDATION / ACTION REQUEST Approve the WCCLS Public Services Library Agreement and authorize the Mayor to sign. KEY FACTS AND INFORMATION SUMMARY On behalf of Washington County Cooperative Library Services (WCCLS), Washington County has issued a new Public Library Services Agreement. The Agreement will be in effect from July 1, 2011 through June 30, 2016 and covers the budget allocation that the City of Tigard receives from WCCLS for library services. The City Attorney has reviewed the Public Library Services Agreement and found no issues with this agreement. Funding distribution for Tigard would be as follows: * FY 11 -12 $2,940,089 * FY 12 -13 $3,013,591 * FY 13 -14 $3,088,931 * FY 14 -15 $3,166,155 * FY 15 -16 $3,245,308 OTHER ALTERNATIVES None. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None. DATES OF PREVIOUS COUNCIL CONSIDERATION Council last reviewed and approved the WCCLS Public Library Services Agreement on October 28, 2003. An amendment to the Agreement was approved in 2009. • Fiscal Impact Cost: see below Budgeted (yes or no): yes Where Budgeted (department/program): Library Additional Fiscal Notes: Funding distribution for Tigard is estimated to be: * FY 11 -12 $2,940,089 * FY 12 -13 $3,013,591 * FY 13 -14 $3,088,931 * FY 14 -15 $3,166,155 * FY 15 -16 $3,245,308 The estimated distribution is generally consistent with the Approved FY 2012 Budget and the five -year General Fund forecast. Attachments Public Library Service Agreement 2 m 3 CPbi /a Public Library Services Agreement This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County ", on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS ", and the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, North Plains, Sherwood, Tigard, and Tualatin, and the Cedar Mill Community Library Association and the Garden Home Community Library Association, hereinafter referred to as "Contractor(s) ". WHEREAS, Washington County has approved funding for countywide library services including non -fee access by County residents to public libraries operated by Contractors; and WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non - profit agencies operating public libraries; and WHEREAS, all parties are desirous of providing residents of Washington County with access to public library services and Contractors are capable of providing such access and services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS The following definitions shall be used in this Agreement: A. WCCLS (Washington County Cooperative Library Services) — An agency of county government that exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Information Network (formerly known as WILInet) — The system that includes: the shared integrated library system software (circulation, public access catalog, cataloging, serials control and acquisitions software); the WCCLS.org website and its resources; other databases provided by WCCLS for member library or public access; central site hardware and software; software, hardware or appliances provided to member libraries and supported by WCCLS; and the telecommunications network linking Contractors to the system and for Internet access. C. Qualified Borrowers — All Washington County residents, residents of counties with which Washington County has reciprocal borrowing agreements, and paid card holders. Public Library Services Agreement, 5/24/2011 1 D. West Slope Community Library - The public library that is a department of WCCLS and managed by the County. For purposes of this agreement, West Slope is treated as a Contractor.. E. Oregon Public Library Statistical Report — The report mandated by ORS 357.520, containing statistics and provided on an annual basis to the Oregon State Library via a reporting format determined by the State Library. Report data is typically due October 1 of each year. F. WCCLS Executive Board — the Board established to advise the Board of County Commissioners and the Cooperative Library Services Director on matters pertaining to the funding for countywide library services, distribution of financial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. G. WCCLS Policy Group — the Board established to provide technical and professional support and advice to the WCCLS Executive Board, to develop and implement policies and procedures for delivery of countywide public library services, and to advise the Cooperative Library Services Director. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2011, through June 30, 2016, except as otherwise provided in Section 11 of this Agreement. . 3. FUNDS As compensation to Contractor for the services to be provided pursuant to this Agreement, WCCLS agrees to make funding distributions to Contractor on the basis set forth in Section 4 and the Payment Schedule set forth in Section 6. Each Contractor agrees by receipt of funds from WCCLS to expend those funds to provide library services according to Contractor's established policies, and to ensure that Contractor's library facilities are open for public use by all Qualified Borrowers. Contractors must spend all funds received from WCCLS on the provision of library services, including but not limited to operating and capital expenditures. 4. FUNDING FORMULA A. The total payment to be made to each Contractor during the term of this Agreement shall be determined by the method set forth in this Section and shall be based on the figures set forth in EXHIBIT A "Funding Distributions ". Public Library Services Agreement, 5/24/2011 2 B. Payments to Contractors shall be budgeted in two (2) funding distribution pools. 1. Pool One. Contractors shall each receive equal increases of 2.5% on an annual basis for the Term of this Agreement provided funding is available. For FY2011 -12, Contractors shall receive 2.5% increases over the FY2010 -11 Reimbursement Formula distributions. For FY2011 -12 the total amount in Pool One shall be $18,938,126. 2. Pool Two. Based on projected increases in the County's assessed valuation and WCCLS revenues, expenditures and reserve funds, a second distribution pool shall be budgeted by WCCLS. After actual County assessed valuation, tax levies and taxes are certified, the WCCLS Executive Board shall recommend whether funds from Pool Two shall be distributed to Contractors, and if so, on what basis. Typically, this shall be determined in January of each year. Any distribution of funds from Pool Two shall be distributed on a separate schedule from Pool One. 5. ADJUSTMENTS IN PAYMENTS A. Payments may be adjusted by WCCLS if funding for payments noted in 4.B is less than projected. Amounts paid to each Contractor will be reduced in an amount proportionate to each library's percentage of the total amount available for payment. B. WCCLS shall notify the Contractors in writing of any adjustments under this Section upon adoption of the County's budget for the subsequent fiscal year. In the event that reductions in revenue are necessary after the beginning of a fiscal year, the County would give sixty (60) days notification to Contractors, if possible. 6. PAYMENT SCHEDULE A. WCCLS agrees to make payments to those Contractors that are cities as follows: 1. 80% (eighty percent) of the total annual payment shall be made on or before December 31; and 2. 20% (twenty percent) of the total annual payment shall be made on or before April 15. B. Notwithstanding paragraph 6.A above, a city not formerly a party to a Public Library Services Agreement with WCCLS, that establishes a public library and becomes a party to this Agreement, shall be entitled to receive payment on a monthly basis during the term of this Agreement. The monthly payment shall be 1/12 of the total annual payment. In addition, Public Library Services Agreement, 5/24/2011 3 WCCLS agrees that any city to which this subsection applies shall be entitled to receive monthly payments for the entire term of any renewal or successor agreement to which it becomes a party, provided funds are available. C. WCCLS agrees to make payments to those Contractors that are community libraries (specifically Cedar Mill Community Library Association and Garden Home Community Library Association) and the West Slope Community Library on a monthly basis. The monthly payment shall be 1/12 of the total annual payment. 7. SPECIAL LIBRARY FUND The County, on behalf of WCCLS, shall maintain a Special Library Fund that shall include: A. Any remaining funds from a previous year which shall be carried over to the next year; B. All property tax collections made under all County library local option levies; C. All transfers of county general funds made to WCCLS; D. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1); and E. Other revenues for library services. 8. SERVICES TO BE PROVIDED BY WCCLS WCCLS agrees to provide the following central support and outreach services to Contractors and West Slope Community Library: A. Reciprocal borrowing with other metropolitan area public libraries; B. Coordination of countywide library services among Contractors and with regional and state library service providers; C. Enhanced reference services including coordination of selection and purchase of subscription databases and other shared electronic resources available through WCCLS.org and coordination of training and education for adult services staff; and interlibrary loan borrowing from and lending to libraries outside of Washington County; D. Outreach services to special populations of Washington County residents, including, but not limited to, circulation of materials to those who cannot get to a public library (homebound), information and education about library- related services for child care providers and the children in their care, Latino and other cultural communities. E. Coordination of countywide Youth Services activities, including Summer Reading Programs and shared resources; F. Courier pick -up and delivery of materials between Contractors and provision of courier connections to regional library delivery systems; Public Library Services Agreement, 5/24/2011 4 G. Planning for long -term growth and development of countywide library services; H. Operation and maintenance of the WCCLS Information Network as defined in the WCCLS Information Network Agreement; and I. Other services to address Long Range Service Plan goals as agreed upon by all parties. 9. SERVICES TO BE PROVIDED BY CONTRACTORS A. Each Contractor agrees that Qualified Borrowers will not be charged a fee for the initial circulation or renewal of library materials. B. Each Contractor further agrees that, while it is within the sole discretion of the Contractor whether to charge reasonable fees for services other than circulation, Contractor shall apply all fees and policies uniformly to all Qualified Borrowers. Such fees may include special service and overdue fees. C. Each Contractor agrees that it will designate a staff member with whom WCCLS deals in administration of this Agreement on behalf of Contractor and who shall be authorized to receive and give any notices that may be required under this Agreement. Unless otherwise designated, this shall be the Library Director for each Contractor and the West Slope Community Library. D. Each Contractor shall meet all requirements for Level 5 Libraries as defined in the Admission of New Public Libraries to Washington County Cooperative Library Services, as approved by the WCCLS Executive Board May 23, 2007 and subsequent revisions. E. Each Contractor agrees to abide by shared policies and procedures as agreed upon by the WCCLS Policy Group. F. Each Contractor agrees to identify its membership in WCCLS through materials' property identification marks, and through public communications such as library printed materials, websites or other publicity materials. 10. RECORD KEEPING A. WCCLS agrees to provide each Contractor with a copy of the County's annual audit, upon request by Contractor. B. Each Contractor agrees to provide WCCLS with a copy of Contractor's annual audit. For purposes of this Section, the following requirements shall apply: 1. For Contractors which are cities, the audit shall be that of the city, and shall be supplied upon request of WCCLS. 2. For Contractors which are community libraries (specifically Cedar Mill Community Library Association and Garden Home Community Library Association), the audit shall be the result of an Public Library Services Agreement, 5/24/2011 5 annual review of the Contractor's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants, and shall be supplied by December 31 of each year to WCCLS. C. Each Contractor agrees to provide WCCLS with a copy of its Oregon Public Library Statistical Report. 11. TERMINATION A. The County shall have the right to terminate this Agreement upon sixty (60) days written notice, if it determines, in good faith through an open, public process, that: 1. The public interest would be served by such termination; or 2. Adequate funds are not available. B. Each Contractor shall have the right to terminate this Agreement upon sixty (60) days written notice, if Contractor determines, in good faith, that: 1. The public interest in its jurisdiction or area of service would be served by such termination; or 2. Appropriated funds for Contractor are less than the amount reasonably anticipated. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. D. In the event of the termination by the County or by the Contractor, the County shall provide funding distributions to the Contractor prorated to the date of termination. 12. COMPLIANCE WITH APPLICABLE LAWS Each party agrees to comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. A. Equal Opportunity. Contractor hereby agrees that its employees (including applicants for employment) shall not be discriminated against race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this contract on the grounds of race, color, religion, gender, sexual Public Library Services Agreement, 5/24/2011 6 orientation, national origin, disability, age, or marital status. Any violation of this provision shall be grounds for cancellation, termination or suspension in whole or in part by County. B. Compliance with Applicable Provisions of ORS Chapter 279. ORS 279B.220 through 279B.235 and 279C.500 through 279C.870, as applicable, are incorporated herein by reference. Contractor agrees to: 1. Make payment promptly, as due, to all persons supplying, to Contractor, labor or material for the performance of the work provided for in this contract; 2. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the contract: 3. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this contract; and 4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 13. INDEMNIFICATION Each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnifications shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.300, and the Oregon Constitution. 14. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefor. 15. INDEPENDENT CONTRACTOR Each party is an independent contractor with respect to each other party and has no control over the work performed by the other. No party is an agent or employer of another party. No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 16. NOTICE Any Contractor shall give immediate written notice to the County of any action or suit filed or any claim made against that party that may result in litigation and is directly related to this Agreement. Public Library Services Agreement, 5/24/2011 7 17. INSURANCE Each party agrees to maintain insurance levels, or self - insurance in accordance with ORS 30.282, for the duration of this agreement at levels necessary to protect against public body liability as specified in ORS 30.271. Contractors that are community libraries shall provide certification of insurance upon request. 18. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 19. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 20. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 21. AMENDMENT This Agreement may only be amended in writing and with agreement of all parties. FOR THE CONTRACTOR: FOR WASHINGTON COUNTY: Signature Signature Title Title Date Date APPROVED AS TO FORM: County Counsel Public Library Services Agreement, 5/24/2011 8 Public Library Service Agreement, Exhibit A Pool 1 Funding Distributions FY11 -12 through FY15 -16 FY10 -11 FY11 -12 FY12 -13 FY13 -14 FY14 -15 FY15 -16 Library Distribution Distribution Distribution Distribution Distribution Distribution Banks $ 120,082 $ 123,084 $ 126,161 $ 129,315 $ 132,548 $ 135,861 Beaverton $ 4,369,770 $ 4,479,014 $ 4,590,989 $ 4,705,764 $ 4,823,408 $ 4,943,993 Cedar Mill $ 3,228,706 $ 3,309,424 $ 3,392,159 $ 3,476,963 $ 3,563,887 $ 3,652,984 Cornelius $ 157,805 $ 161,750 $ 165,794 $ 169,939 $ 174,187 $ 178,542 Forest Grove $ 650,466 $ 666,728 $ 683,396 $ 700,481 $ 717,993 $ 735,943 Garden Home $ 335,727 $ 344,120 $ 352,723 $ 361,541 $ 370,580 $ 379,844 Hillsboro $ 4,058,289 $ 4,159,747 $ 4,263,740 $ 4,370,334 $ 4,479,592 $ 4,591,582 North Plains $ 92,487 $ 94,800 $ 97,170 $ 99,599 $ 102,089 $ 104,641 Sherwood $ 686,849 $ 704,020 $ 721,620 $ 739,661 $ 758,152 $ 777,106 Tigard $ 2,868,380 $ 2,940,089 $ 3,013,591 $ 3,088,931 $ 3,166,155 $ 3,245,308 Tualatin $ 1,249,437 $ 1,280,673 $ 1,312,690 $ 1,345,507 $ 1,379,145 $ 1,413,623 West Slope $ 658,222 $ 674,678 $ 691,545 $ 708,833 $ 726,554 $ 744,718 Totals $ 18,476,220 $ 18,938,126 $ 19,411,579 $ 19,896,868 $ 20,394,290 $ 20,904,147 F:Wdministration \CONTRACTS \PL Services Agmt \PLSA exhibit A 11 -12 thru 15 -16 Pool 1.xIs5/24/2011 AIS -544 Item #: 3. F. Business Meeting Date: 06/14/2011 Length (in minutes): Consent Item Agenda Title: Approve Cost -of- Living Adjustment for Non - Represented Management Group July 1, 2011 Prepared For: Sandy Zodrow Submitted By: Sandy Zodrow City Management Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Should the City Council approve a cost -of- living adjustment of 1.4% for the Management Group to be effective July 1, 2011? STAFF RECOMMENDATION / ACTION REQUEST Approval a cost -of living- adjustment for the Management Group of 1.4% effective July 1, 2011. KEY FACTS AND INFORMATION SUMMARY The City Council discussed the issue of granting a 1.4% cost -of- living increase to the Management Group to be effective July 1, 2011 at their May 10th Study Session. The Council requested further fiscal information regarding the cost of the increase, which is included in the Fiscal Impact section of this agenda item. As mentioned in the prior meeting, the SEIU -OPEU unit will be receiving a 1.4% cost of living adjustment effective July 1, 2011 pursuant to their collective bargaining agreement. The Tigard Police Officer's Association's bargaining agreement expires June 30th, and the City and TPOA are still in negotiations. The Management Group represents approximately 103 non - represented employees including department directors, managers and supervisors as well as other professional, technical and confidential employees throughout city departments. This group has not received a cost of living adjustment since July 1, 2008. OTHER ALTERNATIVES 1) Grant no cost -of- living increase 2) Grant a cost -of- living increase of a different percent COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS To maintain a competitive compensation system, and to retain and recruit the best applicants for City employment DATES OF PREVIOUS COUNCIL CONSIDERATION Discussed at the Council's May 10 Study Session Fiscal Impact Cost: 143,830 Budgeted (yes or no): Yes Where Budgeted (department /program): Citywide Additional Fiscal Notes: The 1.4 percent COLA for the Non - Represented employee group is included in the Approved FY 2012 Budget. The total cost across all funds is $143,830. Of the total cost, 64 percent is in the General Fund, 27 percent is in the Central Service Fund, and the remaining 9 percent is spread across six other funds with city operations. The attached document provides additional details on the costs and split across funds. Attachments COLA Mgt Group 2011 Management Group 1.4% COLA +/- 0.5% COLA Salary 110,387 39,424 Benefits 33,443 11,944 Total Cost 143,830 51,368 % of Mngmt Fund Group General Fund 64% Gas Tax 1% Building 2% Sanitary Sewer 1% Stormwater 1% Water 3% Central Service 27% Fleet /Prop. Mngmt. 2% AIS -491 Item #: 4. Business Meeting Date: 06/14/2011 Length (in minutes): 10 Minutes Agenda Title: 2011 If I Were Mayor Contest Winner Announcment & Award Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Mayor Dirksen will award a $50 gift certificate to the winning students in the 2011 Oregon Mayor's Association "If I Were Mayor" contest. The winners names were not available in time for the agenda's publication deadline. Original work was submitted in two categories: 1. Elementary School Poster and 2. Middle School Essay. There were no submissions in the third category - Video/PowerPoint by high school student. STAFF RECOMMENDATION / ACTION REQUEST Present a $50 gift certificate to each child with the winning entry in the essay and poster category. KEY FACTS AND INFORMATION SUMMARY Oregon Mayors are elected by the voters in their city to serve as the chair of the city's governing body the City Council. Between March 31 and May 31, 2011, Mayor Dirksen invited Tigard students from 4th -12th grade, including home school students, to participate in the Oregon Mayor's Association "If I Were Mayor" contest. The students were asked to submit original work depicting what they would do if they were Mayor while demonstrating an understanding of the Mayoral role in local government. The Mayor selected a local winner in each of the following categories based upon submissions received by 5/31 /11: 1. Elementary School Poster 2. Middle School Essay There were no submissions in the third category - Video/PowerPoint by high school student. Judging Criteria: In selecting the winners, Mayor Dirksen considered: Creativity — Does the student demonstrate curiosity and originality? Clarity /Sincerity of Thought — Is the submission well thought out and organized? Proper Use of Grammar — Does the submission contain proper spelling, grammar and punctuation? Subject Relevancy — Are the major points relevant to the role of a government leader? Does the student demonstrate an understanding of municipal government and the job of Mayor? The local winner in each category (names are not available in time to meet Agenda Quick deadline) receives a $50 VISA Gift Card and recognition at tonight's Council meeting. Each winning entry will be forwarded to the Oregon Mayors Association to compete in the statewide contest for a chance to win one of three laptop computers. This is the fifth year that Tigard has participated in the "If I Were Mayor" contest. The annual event is sponsored by the Oregon Mayors Association. OTHER ALTERNATIVES Choose not to participate. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This item is brought to City Council each year in June to award prizes to the local winners in each category. Fiscal Impact Cost: 110.00 Budgeted (yes or no): yes Where Budgeted (department /program): 100 -0500 Additional Fiscal Notes: Each Visa Gift card in the amount of $50 (typically) has a $5 processing fee to activate the card. Agenda Item No. Meeting of (47 / i q / i Cathy Wheatley From: Joanne Bengtson Sent: Tuesday, June 14, 2011 10:49 AM To: Cathy Wheatley; Craig Dirksen (external2); Carol Krager Cc: Craig Prosser Subject: Tonight's Winning Kids - "If I Were Mayor Contest" Both children will be attending tonight's Council meeting with their parents to collect their $50 prize. According to her father, the little girl who won the poster contest is kinda nervous that she'll have to make a speech, but I assured her you wouldn't make her do that. Here are their names: Jenelle Gaerlan — Poster Contest Winner from St. Anthony's, with parent Ru Gaerlan. Logan Phillips — Essay Contest Winner from St. Anthony's, with parents Lisa & Sean Phillips. Here's the gist of the email I sent to both families (personalized of course): Your excellent essay/ poster has been chosen as the local winner in the 2011 `2f I Were Mayor" contest. Mayor Dirksen invites you andyour family to attend the June 14 City Council meeting to collectyour x'50 gift card. The meeting starts at 7:30 p.m. in the Town Hall at City Hall. The Mayor will call your name and have you come up to the dais to shake his hand and accept your prize. It's very relaxed, so don't worry about a thing! Your essay/ poster will be sent to Salem for the statewide contest, but a copy of it will be available for public view on the city's website and in a lobby display. Ifyou have someone who wants to watch from home, the meeting will be televised live on cable Channel 28. Perhaps your teacher, Mrs. Jacobson /Miss Bennett, would be interested in watching! All of us in the Mayor's office are keeping our fingers crossed foryou to win one of the laptops! Thanks again, you did a great job! DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." SUPPLEMENTAL PACKET FOR (o/ )y lau (DATE OF MEETING) Logan Phillips I ./ 11 Science Mayor Essay If I Were Mayor I have lived in Tigard since I was three years old, in all those years I have noticed many great things about this small town as well as many things that could be improved upon. These changes are all changes that I intend to make for the beauty, safety, and general improvement of our nice little town. A few of these many problems that I have noticed about our city is the lack of sidewalks, bike lanes, the awkward position of turning lanes, and even large investments such as the installing of sports facilities. I am a twelve year old athlete who understands the dire need for bikers and runners to have their room and feel safe. Both of my parents and sisters are experienced drivers, though I do not drive myself, I am able to receive many insights about the driving conditions around Tigard from them. I can cater to the needs of many in Tigard. One major problem that I see with the Tigard bike lanes is that in many areas. cars are actually required to cross over the bike lane into the turning lane. This is completely unsafe as many times cars are not looking for bikers and it would be very easy for them to be hit by turning cars. I plan to fix this serious problem by actually hugging the bike lane within about a foot of the sidewalk: they will also turn with the curve of the sidewalk around the turn. Bikers who intend to continue straight across the intersection will have a separate lane next to the driver's lane. This way, no bike lanes will be crossed by cars and also no cars will be impeded by bikers. This change will be funded by, not taxing the people, but only taxing the large and capable corporations. However, employee's pay will not be cut. but only the Larger earners in the company such as the CEO's pay will become more like their co- workers. As you can see, our town is filled with kids; we have many middle schools and even a major high school in our town. We must cater to these kids needs by supplying them with sports facilities and sidewalks to get there. There are many un -owned properties in and around the Tigard High School area, these will be bought and turned into tracks, baseball diamonds, soccer fields, and football fields. This will lower child obesity and will be funded by committees which will conduct fun run fundraisers l and other efforts such as pay sports events. The sidewalks will be funded in the same fashion and are truly necessary for the safety of kids going to and from sports events and school. None of these projects will build themselves obviously, so they will be built try others. The current recession has left many in Tigard jobless; these people will be hired and put to work on these large projects. Depending on their qualifications they will be either in charge of designs, the building process, and even fundraisers to bring in their own salaries and more money for the project. These people will be paid with the help ' my new design of tax which accommodates for those who struggle to pay their bills. This will improve Tigard's economy and by having more people working fewer people will have way too much extra time, lowering crime rate. All of my changes will change Tigard for the better. Together we can create a safer, stronger, and more productive city; I believe that I can help many in Tigard. IVIy new form of tax will accommodate for the middle class making it easier for them to pay their taxes. By putting out this tax, I can fund projects to improve children health and athletes safety. With the help of fundraisers, we can make enough money to mire peovm to work on and control these projects which will supply hundreds of Tigard residents with jobs. This would then lower crime rate and improve the economy. I am creating a large healthy economic circle as well as catering the needs of all Tigard residents. By electing me mayor will be voting for the common good, the hope of a better Tigard and a better future for the children of Tigard. I can help you if you help me become mayor. Let's work together and make the future residents of Tigard stronger, economically and physically. Thank you. -Logan Phillips (ow •ssass.-ausrnq le woJd c+ 54uarva 'Z!%4&4)0 drati rplacn I • • -ao.tk, -rue ueep - eJe sved -- wis /VW 1VIT1001 1 loue stueAcue ICUQ t*CfrillTh ve hJeJiv.1 -eft- A Vvitteurn-j- 'WOW - enut Vpiocrl 1 • - to Wei va4e# Cvtaq S! ( 4)!AtikfaA'6 4 ek41 - louv ipaofo *)3tAeJeacide eye. S umot. uk+ 2.4eLLI roOrn • AIS -451 Item #: 5. Business Meeting Date: 06/14/2011 Length (in minutes): 45 Minutes Agenda Title: Westside Christian High School Comprehensive Plan and Zone Map Amendment Prepared For: Gary Pagenstecher Submitted By: Gary Pagenstecher Community Development Item Type: Ordinance Meeting Type: Council Business Public Hearing - Quasi- Judicial Meeting - Main ISSUE Shall council approve the Planning Commission's recommendation to change the Comprehensive Plan and Zoning Map designations of a 7.44 acre parcel from Professional Commercial (CP) to Mixed -Use Employment (MUE) located at 8200 SW Pfaff le Street. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the City Council approve the proposed comprehensive plan amendment and zone change subject to the findings and proposed condition of approval in the staff report, as recommended by the Planning Commission. KEY FACTS AND INFORMATION SUMMARY Westside Christian High School is requesting a comprehensive plan map amendment and zone change amendment to change the Comprehensive Plan designation and Zoning Map designations for a single 7.44 -acre lot from Professional Commercial (C -P) to Mixed -Use Employment (MUE). The applicant proposes the changes to accommodate a school use not permitted outright or as a conditional use under the existing zoning. If the request is approved (Attachment 1), the applicant anticipates applying for a required conditional use permit and site development review to redevelop the site and reuse the existing building. On May 16, 2011 the Planning Commission heard the request and voted seven in favor, with one abstention, to forward a recommendation of approval to the City Council subject to the findings and a condition of approval for a trip cap as described in the staff report (Exhibit "A "). As indicated in the Planning Commission minutes (Attachment 2), the Commission's concerns focused on the appropriateness of the MUE zone, the potential traffic impact on surrounding roads, and understanding the implications of the trip cap. One public comment was made at the hearing by a neighbor of the subject site in favor of the proposal, but with concern for increased traffic. The applicant proposed (with ODOT and the city development review engineer concurring) that the rezone be conditioned to include a cap limiting vehicular trips to and from the site to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. The trip cap is based on the maximum number of trips allowed under the existing C -P zone. The analysis for the cap is included in the applicant's submittal (Attachment 3) and supports a finding of "no effect" on the transportation system to meet the Transportation Planning Rule's standards for development. Staff and the Planning Commission support the applicant's request to rezone the subject site to mixed use employment (MUE) as described in the Land Use Zone Analysis (page 16) in the Staff Report to the Planning Commission (Exhibit "A "). OTHER ALTERNATIVES As provided for in the Tigard Comprehensive Plan under Land Use Goal 2.1 , Policy 16, City Council could approve a definite land use (such as the proposed school use), specific design/development requirements (such as the proposed trip cap) and/or other requirements as determined through the hearings process. Council could deny or modify the ordinance approving the Planning Commission's recommendation. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Attachment 1 - Proposed Ordinance Exhibit A - Proposed Ordinance - Staff Report to the Planning Commission Attachment 2 - Planning Commission Minutes Attachment 3 - Westside Christian High School Proposal June 14, 2011 - Agenda Item No. 2 Attachment 2 CITY OF TIGARD PLANNING COMMISSION DRAFT Meeting Minutes May 16, 2011 CALL TO ORDER President Walsh called the meeting to order at 7:01 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Walsh Vice President Anderson Commissioner Doherty Commissioner Hasman Commissioner Muldoon Commissioner Ryan Commissioner Schmidt Commissioner Shavey Absent: Commissioner Rogers Staff Present: Ron Bunch, Community Development Director; Gus Duenas, Development Engineer; Doreen Laughlin, Confidential Executive Assistant; Gary Pagenstecher, Associate Planner Others Present: Andy Sears, Principal; and other Westside Christian High School Representatives COMMUNICATIONS: Commissioner Shavey reported that he'd attended the City Council meeting regarding the Economic Opportunities Analysis and had testified on behalf of the Planning Commission. He said the Council was impressed with the product and the commission had been recognized & commended for their part in it. CONSIDER MEETING MINUTES May 2nd Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the May 2 minutes; there being none, Walsh declared the minutes approved as submitted. PUBLIC HEARING OPENED COMPREHENSIVE PLAN AMENDMENT (CPA) 2011 -00001 / (ZON) 2011 -00001 WESTSIDE CHRISTIAN HIGH SCHOOL C: \Gsers \GaryP \AppData\ Local \Microsoft \Windows \Temporary Internet Fi1es \Content.Outlook \WSH3CD43 \Draft TPC Minutes 5 -1641 (2).doc Page 1 of 6 REQUEST: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for a single 7.44 -acre lot from Professional /Administrative Commercial (C -P) to Mixed -Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. LOCATION: The property is located at 8200 SW Pfaff le Street. The site is bounded by SW Pfaff le on the north, Hwy. 217 on the west, and Pacific Hwy. on the south. STAFF REPORT Gary Pagenstecher, Associate Planner, went over the staff report (the staff report is available to the public one week before the hearing.) STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change subject to the Findings in Section IV of this Staff Report and the following proposed condition of approval. QUESTIONS FOR STAFF There were some questions regarding topics other than the zone change and Gus Duenas, Development Engineer, got up and introduced himself. He reminded the commissioners that at this time they were not looking at "a school" and the details of that but, rather, a zoning change. He explained the large differences between a C -P zone and an MUE. There were questions regarding trip caps and it was explained that the trip cap stays with the site — regardless of the development use. Were there any concerns that there's only one way in and one way out - only one entrance? I don't think so — TVF &R would comment on that. As far as we're concerned, Pfaff le is a collector and the site is relatively big — relatively easy to access from Pfaff le. ODOT's concern is that the entry on Pacific Hwy is right next to an interchange and they closed that as part of their sidewalk project on Pacific Hwy. They're reluctant to open it up — it's not a good location for access. APPLICANT'S PRESENTATION Three people spoke on behalf of the applicant: Andy Sears, principal of Westside Christian High School; Beverly Bookin, Land Use Planner for The Bookin Group, LLC; and Mike Guard, transportation engineer. The project manager, David Elkins, and Hunt Johnson, the board chair for the school were also present, but didn't speak publically. C: \Users \GaryP \AppData \Local \Microsoft \Windows \Temporary Internet Flies \Content.Outlook \WSH3CD43 \Draft TPC Minutes 5 -16-11 (2 ).dot Page 2 of 6 Principal Sears thanked city staff for their hard work and for the approval recommendation. By way of an introduction, he gave a little of the background and spoke about the vision of the school. Sears noted the school's current location is on Carman Drive and Cruz Way and has been there for 30 years - with 250 students currently enrolled. He said their vision isn't to become a "big" school and, in fact, much of their uniqueness is in being a smaller sized school allowing for deeper, more impacting relationships with their students. He explained their vision is service- oriented and also focuses on leadership development. Every year they pick 30 non - profits in the community that they serve at all over the city. All of the families, alumni and students come together to do a complete day of service. He said that's just one example of the kind of community service. They also have international partnerships in Thailand where students go and do service overseas. The thrust of their message for the students is that life isn't just purely about themselves, but also to serve other people, and to prepare for a purpose. Sears explained that they're in the process of negotiating a purchase and sale agreement with City Bible with contingencies on approvals with zoning change and conditional use. Beverly Bookin, of Bookin Group, spoke to the commissioners. She said the hope is that with the approval of this first of a series of land use approvals, that this High School will be at this location for the foreseeable future. She reminded them that at this time they are making a zoning decision that will change the underlying zoning of the property forever unless changed again — and they need to look at it in a broader sense and not for just a specific use in mind. She said 'We want to talk about the zone change, keeping the high school on the table, but talking about the zone in general because obviously your questions are broader based than this specific use. Moreover, if the zone change is approved, we'll be coming back with a conditional use and you'll get to look at that use in a much more detailed manner. But right now we are more at the 30,000 foot level. At this point, Ms. Bookin hit the highlights of the staff report. She explained that "change of condition" is an appropriate basis for requesting a Comp Plan and Zone Change. She noted conditions have changed along SW Pacific Hwy because it's now the focus of regional high capacity planning for a potential extension of high capacity transit. She noted it is a difficult, problematic site. It was formerly a light industrial building and, except for City Bible Church which is using it as is and is using it only on weekends, it's been essentially vacant for a long time. She believes that if there was a use in the CP zone that really suited that building, presumably it would have been reoccupied in the years since it was closed. She noted the site has a single exit onto Pfaffle because the exit onto the highway has been closed - which really limits its reuse because many users, including most retail uses, will not use a site where you can see it — but you can't get to it easily. So the issue of redevelopment for retail is less a concern because of these constraints than one would think. She explained why other zones were not appropriate. She pointed out and spoke to the analysis they'd done on that in their material on page VIII. Mike Ard, a traffic consultant from Lancaster Engineering, talked about zone changes in general, and then about the specific zone change before the commissioners at this time. He explained that as they approached this particular site — they looked at what was allowed under C:\ Users \Gar \AppData \Local \Microsoft \Windows \Temporar Internet Files \Content.Oudook \WSH3CD43 \Draft TPC Minutes 5 -16-11 (2).doc Page 3 of 6 the existing zoning through the planning horizon and determined the number of trips that could be generated on the transportation system as a result of full redevelopment of the site. Then they made a comparison to what they thought could be developed under the new zoning. They contemplated using a medical /dental office as their standard. Generally, the requirement is to look at the most intense use that can reasonably be developed on the site and at the time they ran their analysis they didn't believe commercial was a good, viable option based on the frontage and the lack of access to 217. They ultimately determined that it's necessary to limit the number of trips that can come in and out of this site. So they said "Under existing zoning, we can allow this number of trips during the morning and this number of trips in the evening" — and that's accommodated in the current planning. So we will cap the site at that level so that we can't create new problems or a need for new mitigation — and by doing that we meet the state of Oregon's Transportation Planning Rule. Mr. Ard went on to explain that the next question would be "What happens when we develop this site ?" Any future redevelopment of the site is going to require an application process where the real number of trips will be dealt with — not the theoretical maximum, but the actual number of trips that will be generated. He gave a few more theoretical questions that would need to be answered at the time of the Conditional Use application. He explained that they're not something that apply at the time of the zone change. He said at the time of the Conditional Use application there would be a very robust traffic study brought before them. QUESTIONS FROM COMMISSIONERS There were some land use questions but President Walsh reminded the commissioners that they were discussing the zoning change only at this time. PUBLIC COMMENT TESTIMONY IN FAVOR Bob McGuire — Homeowner at 8470 SW Pfaff le for 31 years. He testified that his concern was impact on the traffic and not on the re- zoning issue. He isn't against the Christian High School being there because he believes they'd be a valuable asset to the entire neighborhood. He's concerned about the traffic impact regardless of the type of establishment that ultimately goes there. TESTIMONY IN OPPOSITION None CLOSED PUBLIC HEARING At this point, President Walsh opened the meeting up for deliberations. DELIBERATIONS C:\ Users \GaryP \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \WSH3CD43 \Draft TPC Minutes 5 -16 -11 (2).doc Page 4of6 The following was discussed: • Concern about possible traffic impact. • An appreciation that the applicant comprehensively took them through the various zoning ideas • The belief that it would be good to develop the 7 acre piece of prime real estate, particularly since it's not getting a "sniff" under a commercial zoning and that it's across the residential area so MUE works better there anyway. • A general belief that the MUE would work well there and that the thing to do would be to seriously look at the problem of Pfaffle and the traffic there REOPENED THE HEARING TO ASK QUESTIONS OF STAFF There were some general questions regarding traffic which Gus Duenas answered. President Walsh referred to page 9 of staff report, under Policy 16 where the second sentence says "the Planning Commission could recommend and City Council could approve a definite land use, such as the proposed school use, and specific design /development requirements if they determine through the hearings process that it would be appropriate to the site and adjacent development. He asked staff to elaborate on that as to what he thinks options might be. Gary Pagenstecher addressed the question saying there are two parts to this — one is identifying specific uses and the other is identifying certain design requirements. He gave an example of a design requirement as the trip cap. He said that if the Planning Commission approves the recommendation and applies the trip cap as a condition of approval of the zone change — then any land use that goes in there would be subject to that. The development couldn't be approved if it exceeded however many trips are at the cap — and that could only be changed by coming back through the Planning Commission. He gave some examples of changes in use. The question was asked "If you put a trip cap in place and a year later the reality is you have far more trips than what were planned or expected... what happens? Ron Bunch, Community Development Director, answered that they would enforce the code as they have in the past. They enforce the conditions of approval by counting the trips as they go through the intersections and, if appropriate, they would report that they are above the trip level. It is very obvious in many instances by lots of congestion — that they're exceeding their allowable trip cap. So in that case we would enforce the code with any business or any land use violation. Gus Duenas said a specific condition of approval that stated "if you exceed this trip cap based on observation we can enforce it" would be a good idea. HEARING RECLOSED DELIBERATION CONTINUES At this point a motion was made. C: \Users \GaryP \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Oudook \WSH3CD43 \Draft TPC Minutes 5 -16 -11 (2).doc Page 5 of 6 MOTION The following motion was made by Commissioner Doherty, seconded by Commissioner Ryan: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2011- 00001/ZON2011- 00001, and adoption of the findings and conditions of approval contained in the staff report - which also includes the trip cap." The motion CARRIED on a recorded vote; the Commission voted as follows: AYES: Commissioner Anderson; Commissioner Doherty; Commissioner Hasman; Commissioner Ryan; Commissioner Schmidt; Commissioner Shavey, and President Walsh NAYS: None. ABSTAINERS: Commissioner Muldoon ABSENT: Commissioner Rogers OTHER BUSINESS • There was a short discussion about the upcoming joint Planning Commission /City Council May 17 meeting. President Walsh said this would be a great time to get some feedback from Council. • Ron Bunch reminded the commissioners that there's an open house coming up on May 25 regarding HCT and a June 6 Workshop. ADJOURNMENT President Walsh adjourned the meeting at 8:55 p.m. Doreen Laughlin, Planning Commission Secretary ATTEST: President Dave Walsh C:\ Users \GaryP \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \WSH3CD43 \Draft UP(: \Ivtutes 5 - 16 - 11 (2).d0c Page6of6 June 14, 2011 - Agenda Item No. 5 Attachment 3 SUMMARY OF PROPOSAL Applicant: Andy Sears, Principal Westside Christian High School 4565 Carman Drive Lake Oswego, OR 97035 -2574 Telephone: (503) 697 -4711 Facsimile: 503.697-4711 Ext. 225 Email: sears westsidechristianhs.orq Land Use Planner: Beverly Bookin, AICP The Bookin Group LLC 1020 SW Taylor Street, Suite 760 Portland, Oregon 97205 Telephone: 503.241.2423 Facsimile: 503.241.2721 Email: bookin Request: Type 111 -PC Comprehensive Plan Map Amendment from General Commercial to Mixed -Use Employment and Zoning Map Amendment from Professional/ Administrative Commercial (C -P) to Mixed -Use Employment (MUE), subject to a "trip cap" that recognizes the limitations of the existing and future transportation system in the vicinity of the site. A copy of the 11/9/10 Pre - Application Conference (PAC) notes is contained in Appendix A. The mandatory neighborhood meeting was held on 2/7/11. Once copy of the required meeting materials is being included in this submission. Location: 8200 SW Pfaffle Street Site Size: 7.44 acres Legal Description: 1S136CC00100 Zoning: Professional /Administrative Commercial (C -P) Neighborhood: CPO 48, CPO 4M Summary: Currently located in leased space on the Lake Bible Church campus in Lake Oswego, Westside Christian High School (WCHS) has been looking for a permanent site for the past few years. The school is considering the purchase of a 7.44 -arce site at 8200 SW Pfaffle Street near downtown Tigard. Formerly a General Motors automotive training center, the site currently is owned by City Bible Church (CBC). WCHS proposes to renovate and expand the existing facilities to accommodate a student body of up to 400. CBC would remain as a tenant using the facility on Sundays and on Wednesday and Saturday evenings when not needed for school activities. Although churches are permitted in the C -P zone, schools are not allowed by right. Thus, WCHS cannot relocate to the site without a zone change. WCHS has sought guidance from the City of Tigard Planning Department about the most appropriate zoning designation. As noted in the PAC notes, the city has indicated that it "would support" the application of the Mixed -Use Employment (MUE) zone, currently applied only in the nearby Tigard Triangle, for the following reasons: Request for WCHS Type IV Comprehensive Plan /Zoning Map Change: Summary of Proposal 1 -1 .....1) the zone allows schools as a conditional use; 2) the zone continues to allow religious institutions outright; 3) the zone allows residential use with a maximum density of 25 units/acre, consistent with the adjacent R -25 zone; 4) the zone allows a greater mix of uses than C -P, consistent with Pacific Hwy High Capacity Corridor Planning; and 5) the code anticipates the application elsewhere in the city through the legislative process. As part of the request, the applicant is asking that a condition of approval be the imposition of a trip cap on site trips no greater than the most intense allowed use, medical /dental office, in the C -P zone, in recognition that any up- zoning of the site could lead to overtaxing existing or future roadway capacity in the vicinity. A high school is a perfect use at this location because its afternoon peak occurs before the general PM peak. The implementation of a trip cap is a way to demonstrate compliance with the State Transportation Planning Rule (TPR), although the applicant will have to undertake a detailed transportation analysis for the proposed school as part of its subsequent concurrent Conditional Use /Site Development Review applications. Because the MUE zone does not share the same Comprehensive Plan Map designation as C -P, a Type Ill -PC Comprehensive Plan Map Amendment from General Commercial to Mixed -Use Employment also is required in addition to the Zoning Map Amendment from C -P to MUE. The request is "quasi-judicial" (Type Ill) in that it affects a single property. However, because it involves changes to both the city's Comprehensive and Zoning Maps, the request must be approved by the Tigard City Council based on a recommendation of the city's Planning Commission, per Section 18.380.030(A)(2), subject to the approval process contained in Section 18.390.060. Since the decision is made by means of a Type IV Legislative process, the state mandated 120 -day timeframe does not apply. If the request in this application is approved, WCHS will proceed to the next level of land use entitlements including concurrent Type 111 Conditional Use and Type II Site Development Review for approval of its proposed redevelopment plan. Request for WCHS Type IV Comprehensive Plan /Zoning Map Change: Summary of Proposal 1- 2 11. PROPOSED DEVELOPMENT Summary of Proposed Project. WCHS has signed a letter of intent (LOI) to purchase a 7.44 -acre site located at 8200 SW Pfaffle Street currently owned by City Bible Church (CBC). The building, formerly a General Motors' (GM) training center, faces SW Pacific Highway (SW Barbur Boulevard), but takes its access for SW Pfaffle Street. Currently located in Lake Oswego, WCHS has student body of 250 and faculty /staff of 38. The school hopes to relocate to the subject site to accommodate an eventual student body of 400, which will require the renovation and expansion of the existing building and site improvements for parking and athletic facilities to be described in further detail below. As a secondary use, WCHS intends to make the facility available for lease back to CBC to use on Sundays and Wednesday and Saturday evenings; the school will not schedule activities during these times to eliminate parking and space conflicts. Currently the site is zoned Professional /Administrative Commercial (C -P) in which a church, the current use, is permitted by right but educational facilities, including K -12 schools and colleges, are not. As a result, the use of the site for the proposed high school is not feasible without a change of zoning, which is discussed in further detail in Chapter 111, Discussion and Analysis. Vicinity. As illustrated in Figure 11 -1 the proposed site is located in the heart of Tigard, on the north side of SW Pacific Highway just east of its intersection with Highway 217. The site lies just east of downtown Tigard across the highway interchange and just northwest of the Tigard Triangle, a major employment area. This stretch of SW Pacific Highway features a wide array of general retail and office uses. Zoning. The site is located on the south side of SW Pfaffle Street. Immediately to the west is a large multi - family apartment complex zoned Medium High- Density Residential (R -25). To the east lie two office buildings both zoned C -P, the same designation as the WCHS site. All along the north side of SW Pfaffle Street is a well- established single - family neighborhood zoned Low - Density Residential (R -4.5). Beyond this to the east and west are other residential areas zoned Low - Density Residential (R -7) and Medium - Density Residential (R -12), respectively. Because of the topography to the south of SW Pfaffle Street, all of the buildings on sites described above sit upon the top of a knoll overlooking SW Pacific Highway. However, the proposed WCHS site's southern boundary extends all the way down to the highway's right -of -way. To the west beyond the apartment complex is the Highway 217 /Pacific Highway interchange that separates the site from downtown Tigard further to the west. The downtown area is zoned Mixed Use - Central Business District (MU -CBD). The north -bound exit ramp from Highway 217 comes up to SW Pacific Highway to the east of the site, so that all of the intervening property across Pacific Highway from the site is part of the highway's right -of -way owned by the Oregon Department of Transportation (ODOT) and, therefore, undeveloped. Further to the east of the site are a series of commercial uses including a gasoline station and highway- oriented strip malls. Virtually all of the property to the east and south of the site is zoned General Commercial (C -G), in which schools are not permitted. A zoning map that illustrates this mix of zoning districts is contained in Figure 11 -2. Site Characteristics Access. Currently, the site's only access is from SW Pfaffle Street. At one time, there was an entrance -only driveway on the center of the site's frontage from SW Pacific Highway but the driveway apron now is closed and the sidewalk extended over it. The two - pronged driveways still curve up to the site on the east and west sides providing access to pedestrians, transit riders and bicyclists but not to vehicles. Because there is viable access via SW Pfaffle Street, it is unlikely that ODOT will ever allow driveway rights to be re- established onto SW Pacific Highway. If it develops here, WCHS is likely to request the driveway's use for emergency fire access only, a request that is likely to be honored if such access is required by the City's fire code. The loss of direct access to SW Pacific Highway diminishes the site's value for office, commercial or light industrial use. All figures are placed at the end of this chapter. Request for WCHS Type IV Comprehensive Plan /Zoning Map Chang: Proposed Development II -1 Existing Development. Figure 11 -3 illustrates the current development on the site. As noted above and illustrated in the figure, the site has significant topography, climbing from SW Pfaffle southward up the hill upon which the current facilities are perched and then sloping downward to SW Pacific Highway. Starting at the north end of the site, there is an existing grove of filbert trees, the remnant of an old orchard. The access road to the top of the knoll is located on the far eastern side of the site, lying between two streets, SW 81 Avenue and SW 83 Avenues, on the north side of Pfaff le Street. The remainder of this northern portion is planted in grass. As illustrated in the photographs in Figure 11 -4, The existing one -story brick -clad building lies in the center of the site between two paved parking areas. Containing 38,000 gross square feet (gsf), the building was for many years an automotive training center for General Motors so it once featured a series of engine bays on the east and west facades accessible from the parking areas by garage doors. These have been closed with plywood. The remainder of the facility, including a major entrance at the south end overlooking SW Pacific Highway, consists of a lobby, classrooms, offices and other related facilities. The facility was closed in 2002. In 2004 the site was acquired by CBC for its "Highway 217" location. The church has undertaken minimal internal renovations to convert the building into a church. CBC filed a Type 11 Site Development Review application in November 2005 to undertake a major renovation and expansion, but decided not to pursue the project. Instead, the church is now negotiating with WCHS to purchase the site to renovate and expand the existing facility for a 400 - student private four -year high school. As part of the sale, the church would remain as a tenant for use of the facility on weekends when not needed for the school. Proposed Development. Figure 11 -5 illustrates the preliminary redevelopment plan for WCHS at this location. This includes extensive renovation of the existing building; a 20,000 -gsf addition containing a student commons, gymnasium and athletic support facilities on the southwest side; and a 2, 700 -gsf classroom addition on the north side of the existing building, bringing total Phase 1 development to about 61,000 gsf. In Phase 2, WCHS plans to add a 500 -seat auditorium (13,600 gsf) on the southeast end of the existing building, for total development of about 74,000 gsf, nearly double the current building inventory of 38,000 gsf. Site improvements include reconfiguration and landscaping of the existing east and west parking lots and construction of athletic facilities on the northern portion of the site including a soccer field and tennis courts. The eastern -most driveway from SW Pacific Highway will be retained to provide continued access for pedestrians, transit riders and bicyclists from the sidewalk that now crosses the old driveway apron. As noted above, WCHS intends to discuss possible use of this driveway access for a secondary fire /emergency access with the City Traffic Engineering Department and ODOT. Also under discussion is the exact location of the reconfigured main driveway out onto SW Pfaffle Street, with regard to its location relative to the two streets, SW 81 and 82 Avenues, respectively, on the north side of the street. Infrastructure Capacity. A preliminary assessment has been undertaken to determine the availability and location of in- street infrastructure as described below. However, detailed civil engineering for the site will not be undertaken until the development plan for the site is completed, which will not occur until the requested zone change is granted. This detailed infrastructure analysis will be included in the subsequent concurrent Type 111 Conditional Use/Type II Site Development Review application. Water. The existing building is served by an existing water meter of unknown size. This meter connects to an existing water main in the SW Pacific Highway right -of -way. The size and available pressure of this water main is unknown at this time. There is also a public water main in SW Pfaffle Street. These water mains are operated and maintained by the Tualatin Valley Water District. WCHS' civil engineer has had preliminary discussions with the water provider and been assured that there is adequate capacity for a proposed use of this type and size. Request for WCHS Type IV Comprehensive Plan /Zoning Map Chang: Proposed Development II- 2 Fire. Fire protection is provided by the Tualatin Valley Fire and Rescue Department (TVFR) There is an existing fire suppression service protecting the existing building. It is assumed that this service has the capacity to serve the renovation and expansion of the existing building to accommodate the proposed high school. If during the detailed design process it is determined that a new service and /or additional on -site fire hydrants for fire suppression are required, a new connection will be made to the water main in SW Pfaffle Street or SW Pacific Highway, at the direction of TVFR. A detailed analysis of the proposed fire suppression system will be included in the subsequent concurrent Type 111 Conditional Use /Site Development Review application. Sanitary Sewer. Sanitary sewer service is provided by the City of Tigard. The existing building is served by a 6" sewer lateral that is connected to an 8" sewer main in SW Pacific Highway. It assumed that this service has the capacity to serve this project but the lateral can be up -sized if required as part of the renovation. The exact configuration of sanitary service will be determined when detailed planning for the renovation is undertaken, following the approval of the requested zone change. Stormwater Disposal. The existing building and site drainage are served by two laterals of undetermined size that connect to a stormwater sewer main in SW Pacific Highway. At this time, it is not clear what water quality or detention components may exist as part of this system. Any redevelopment of the site will be addressed by the standards and requirements of the City of Tigard and Clean Water Services (CWS), which governs stormwater disposal services to all of Washington County. Transportation Capacity. The applicant's transportation engineer, Lancaster Engineering, has prepared a letter identifying the relative traffic impacts for the worst -case redevelopment of the site under the current zoning designation, C -P, and proposed zoning designation, MUE, and in so doing, addresses State Transportation Planning Rule (TPR) requirements for zone changes (Appendix B). The worst -case use from a traffic- generating perspective is a medical /dental office, which is allowed by right in both zones. According to Lancaster's analysis, the "reasonable worst - case" development permitted on the site under the existing zoning would be a two -story medical /dental office building with 25% lot coverage for a total of 162,000 gsf. Under the proposed MUE zoning, the "reasonable worst- case" development would be the same, a two -story medical /dental office building; however, the MUE zone has a maximum floor area ratio of 0.40, whereas the C -P has no maximum FAR standard. Thus, in the MUE example, the worst -case development would have only 129,000 square feet. In the resulting analysis, the worst -case scenario in the existing zone would generate 76 more AM trips and 115 more PM trips than the worst -case scenario in the MUE zone. Thus, the proposed zone change will not have a "significant effect" on the transportation system as defined under the TPR. To ensure that future potential development with a conditionally - permitted private school also would not result in a significant affect as defined under the TPR, a trip cap is proposed for the subject property. The trip cap should limit any future use of the site to a maximum of 373 site trips during the morning peak hour and 561 site trips during the evening peak hour, that equal to the trip generation allowed by right under the existing zoning. The preliminary traffic analysis suggests that the proposed 400 - student high school will generate less traffic that the proposed cap, especially in the PM peak since a bulk of school - related afternoon trips will be made between 3:00 — 4:00 PM before the general PM peak occurs, although its morning trips coincide with the morning peak. A detailed traffic study that documents this will be prepared for the subsequent Conditional Use /Site Development Review application to be filed after the after the zone change in this application is approved. Public Outreach. Representatives of WCHS held the mandatory neighborhood meeting on Monday, 2/7/11, from 7:00 — 8:00 PM. Fourteen neighbors representing 11 households attended. Many neighbors wanted information about the school, including number of students, faculty and staff; hours of operations; likely parking demand; and planned building expansion and site improvements. The biggest concern appears to be related to traffic on SW Pfaffle Street. WCHS Request for WCHS Type IV Comprehensive Plan /Zoning Map Chang: Proposed Development 11- 3 representatives noted that a preliminary analysis of the potential traffic impacts related to the school's operation were likely to be lower than other uses allowed on the site by right under the existing zoning. They further explained that assuming the zone change is approved, the school will have to prepare a conditional use application for which a full traffic study will be required. Since the city requires the applicant to have a second neighborhood meeting before the submission of the conditional use application, interested neighbors will have a chance to review the school's detailed development plans including a discussion of the findings of the traffic study. One set of the required meeting materials is being submitted as part of this application. Request for WCHS Type IV Comprehensive Plan /Zoning Map Chang: Proposed Development 11- 4 FIGURE 11-1 VICINITY MAP i re _ _ _.. _ _ . .. 81N_$pn�oa 8t _ sw spn , u st SW Spruce St -- Oil y - - INN Than 8t S w Ud a 1 ' - - BW slave S1__ ' at! i Union h 0: t 0 IS TTr ey ,Ni n . XI 0 v er i 3 + 0 „` SWPf.a. mei _ SY �Qa 5 Tt i . 8gSSoors.p� 1J r / , 8 Omit ` T ip d Bowl Su911 Hats N T" r 1 11 . �1 Car Toys • • R Cottco A T. , Ill � . Whoksae Li' t ji' &Raises R Us Above The Red 1 1/4 . ice. .. , * A r chers w•Hometwevrne '1 -Ad '- f AN About Meld 91 �' Sat urn o$ 1 Reeve oori 0 y -• `C„a! 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FIGURE 11 -4 PHOTOGRAPHS OF SITE v.. . .r- i 4 - a _ •1 , t at i - I. . .. - . r � � ' North side of the existing building looking sourth from the driveway at SW Looking north from SW Pacific Highway to the south side /entrance of the Pfaffle Street. existing building complex. , ,! , .$ i t r t ti t h F It fl _ : ` - t om ` i , � } : y r „ "mow f - '%---;" Q..,.� .,41%-f.- )!/. • t ti Looking east from west driveway at west facade of the existing building. FIGURE 11 -4 PHOTOGRAPHS OF SITE ' : VI le. ' I • Chevron k , r --- z.-- 31111 1 i Looking west on SW Pacific Highway. Subject site is just beyond the Chevron station. i ( QrQ Sw 83RD A„ ry �1� S ROING _ .. v 9 � � 0 / s; a o �`� . 0 �0 ... -. ® _ / ; W ' / y � . Zd jOSi'r/�%y0%�//O' faffi iaiiiii� -=',.. / .� / , ," a / NEW WESTSIDE CHRISTIAN HIGH SCHOOL / /� .�. r .r.., i , 4 o ,,/ ,,, ti i msa :�_ i /%/ /OD/�/,�/�/%000/f/O�O�DOO/O///j ,..4. q�E 3 \ _ 1 �� I��e�ie / _, , ,_ \___ ___ ___I 0 / /$0/ /fy /0 N___ , _,..,, s, d , co 0 0 <0 0 / 2 8 - sK' s7srAvE PRELIMINARY SITE PLAN O I ` ""`° NEW WESTSIDE CHRISTIAN HIGH SCHOOL o.i ea WESTSIDE CHRISTIAN HIGH SCHOOL - -0 �i,26.2919 PACIFIC HIGHWAY 99W & HWY 217 p oJeG # 109054 "G""°'°" FIGURE 11 -5 63k_ Ill. DISCUSSION AND ANALYSIS Introduction. The purpose of this chapter is to provide the documentation that the proposed Comprehensive Plan/Zoning Map Amendment is justified for this site. Detailed legal findings for the request are contained in Chapter IV. Background. Westside Christian High School (WCHS) currently is negotiating the purchase of a 7.44 -acre site at 8200 SW Pfaffle Street just east of downtown Tigard. Formerly a General Motors automotive training center, the site currently is owned by City Bible Church (CBC). WCHS proposes to renovate and expand the existing facilities to accommodate a student body of up to 400. CBC would remain as a tenant using the facility on Sundays and Wednesday and Saturday evenings; the school will not schedule activities during these times to eliminate parking and space conflicts. However, schools are not allowed in the underlying C -P zone, although churches are permitted by right. Thus, WCHS cannot locate at the site without a zone change. WCHS has sought guidance from the City of Tigard Current Planning Department as to the most appropriate zoning designation. As noted in the PAC notes, the city has indicated that it "would support" the application of the Mixed -Use Employment (MUE) zone, currently applied only in the nearby Tigard Triangle, for reasons discussed in greater detail below. Because the existing C -P and proposed MUE zones have different Comprehensive Plan designations, the request also requires a Comprehensive Plan map change. As part of the request, the applicant is asking that a condition of approval be the imposition of a trip cap on site trips no greater than the most intense allowed use, medical /dental office, in the C -P zone, in recognition that any up- zoning of the site could lead to overtaxing existing or future roadway capacity in the vicinity. A high school is a perfect use at this location because its afternoon peak occurs before the general PM peak. The implementation of a trip cap is a way to demonstrate compliance with the State Transportation Planning Rule (TPR), although the applicant will have to undertake a detailed transportation analysis for the proposed school as part of its subsequent concurrent Conditional Use /Site Development Review applications. This also is discussed in greater detail later in this chapter. Planning Context Metro Designation of SW Pacific Highway. The segment of SW Pacific Highway from 1 -5 to the east to the City of Sherwood to the west was designated as a "corridor" on Metro's 2040 Growth Management Concept Plan Map in the early 1990's. According to the Summary of the 2040 Growth Concept in the Regional Framework Plan, a "corridor" is one of several "design types" to be applied to existing lands within the Regional Urban Growth Boundary (UGB): Corridors. Corridors are not as dense as centers [another design type], but are located along good quality transit lines. They provide a place for increased densities and feature a high - quality pedestrian environment and convenient access to transit. Typical developments along corridors include rowhouses, duplexes and one- to three -story office and retail buildings While some corridors may be continuous, narrow bands of higher intensity development along arterial roads, others may be more nodal, that is, a series of smaller centers at major intersections or other locations along the arterial that have high quality pedestrian environments, good connections to adjacent neighborhoods and good transit service. As long as increased densities and a range of uses are allowed and encouraged along the corridor, many different development patterns - nodal or linear - may meet the corridor objective. (Regional Framework Plan, Summary) Metro /City of Tigard High- Capacity Transit Planning. In addition to its designation as a "corridor", SW Pacific Highway is designated as a "high-capacity transit" corridor in Metro's Regional Transportation Plan (RTP), making it suitable for the eventual construction of light rail transit (LRT). In fact, the corridor now has been designated as the next priority for extension of the region's LRT system. Although detailed transportation and land use planning for LRT within the corridor is just getting underway, Metro and Tigard commissioned the development of a vision document by the University of Oregon's School of Architecture, "Pacific Highway to a Sustainable Future: Tigard 99 Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 1 Corridor Urban Design Vision Executive Summary" (May 2010). As noted in the summary of the project: The state Hwy OR 99W corridor connects Portland, Tigard, and Sherwood. It is designated a High Capacity Transit corridor in Metro's Regional Transportation Plan (RTP)........ The portion of the Hwy 99W corridor considered for this project includes 4.5 miles running southwest from the Highway's intersection with Interstate 5, crossing over Hwy 217, to its intersection with Durham Road. This portion of the corridor is called Pacific Highway. Pacific Hwy, Interstate 5, and Hwy 217 are designated by Metro, in the RTP as Regional Mobility Corridors. All three of these road facilities are designated by the Oregon Department of Transportation (ODOT) as Freight Routes in the Oregon Highway Plan (OHP). Pacific Highway is significant to ODOT and has been designated a "mobility corridor" connecting communities from Portland to Eugene, Oregon. Any future land use and transportation planning for Pacific Highway must recognize and be consistent with statewide interests. Herein lies a basic paradox that must be resolved by future policy decisions and infrastructure investment. The statewide interest is to maintain traffic flow (capacity) within the Interstate 5 / Pacific Hwy Corridor necessary for efficient intrastate travel. The local and regional interest is for the corridor and adjacent lands to redevelop and infill as a denser, livable, urban form. If future redevelopment had to rely only on the automobile for access, it would be counter to the interests of the state in maintaining the capacity of the highway. The boundary of the study area includes the highway, adjacent commercially zoned land, and the Tigard Triangle The following findings of the vision document pertain to the area around the subject site: 2. LAND USE a. A positive future for the Corridor depends on providing the opportunity for a much wider range of land uses than currently allowed. Therefore, Tigard should amend its Tigard Comprehensive Plan and Zoning Maps to allow a variety of land uses including medium and high density housing, employment, commercial, professional services, institutional and civic uses. c. Future transportation and land use planning should be focused on creating a unique sense of place, or identity, for the Pacific Highway Corridor. This would include distinct entry points, neighborhood and employment districts, activity nodes at key locations, defined station community districts, interconnected green networks, etc. Also, even though there are a few churches, private child care and a school along the corridor, there are no civic buildings or larger institutions. Future land use plans and redevelopment efforts should ensure that a wide range of civic and institutional uses can locate in the corridor (Emphasis added) Tigard Downtown Center Planning. In addition to the designation of SW Pacific Highway as a "corridor"; downtown Tigard, which lies immediately to the west of the subject site across Highway 217, is designed as a "town center" on the 2040 Growth Management Concept Plan Map and 2040 Functional Plan. Although the site itself lies immediately outside of the boundaries of the town center, the vision for development/redevelopment in downtown Tigard does affect nearby properties. According to the "Downtown Tigard —Heart of Our Community: Downtown Tigard Improvement Plan" (2005): The primary objectives of the Tigard Downtown Improvement Plan (TDIP) are fourfold. First and foremost, the TDIP is a downtown "improvement" plan, one that builds upon the good "bones" of the current Downtown area, and that builds upon the sound foundation of community -based planning for the area. Second, the TDIP is intended to serve as the "master conceptual plan" for the Downtown neighborhood, as envisioned by the Tigard Comprehensive Plan. Third, the TDIP is intended to meet the objectives of the Metro Functional Plan, as that plan designates Tigard's downtown area as a Town Center. Finally, the overarching objective of the Plan is to ensure that Downtown Tigard will serve the community's stated future needs for an active, mixed use "urban village ". Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 2 The TDIP aims to provide the blueprint for the evolution of Downtown Tigard into a vital, vibrant, mixed - use and pedestrian - friendly environment over the next 20 -30 years. The TDIP summarizes the rationale for, and the evolution of, the conceptual design plan. It identifies development types and "catalyst projects ", projects that are needed to jumpstart other development in the area and create a climate for investment. It promotes a multi -modal transportation system and concurrent development that is conducive to the planned evolution into a Town Center. (Preface) Site Suitability Site. The 7.4 -acre subject site lies on the north side of SW Pacific Highway just east of its intersection with Highway 217. Because of its depth, the site extends to the south side of SW Pfaffle Street. Initially, the site took its major access from SW Pacific Highway and secondary access from SW Pfaffle Street, although the Oregon Department of Transportation (ODOT) required the closure of the driveway onto SW Pacific Highway several years ago, the rights to which are now lost. As a result, SW Pfaffle Street is the only point of access. The curb -cut onto SW Pacific Highway has been removed and replaced with a sidewalk although two driveways up to the west and east parking lots at the top of the knoll remain intact. As a result, access to the site for pedestrians, transit riders and cyclists from the highway has been retained even as vehicle access has been eliminated. Existing Development. The existing 38,000 single -story building was designed as a General Motors automotive training center that operated at the site until 2002. The building was designed for a specific purpose, training automobile mechanics, including provision of a number of automotive bays on the east and west sides of the building accessible by large garage doors. Because of its unique use, its redevelopment for other purposes including office, commercial, industrial and institutional uses, is significantly constrained. Moreover, the loss of the primary access onto SW Pacific Highway significantly reduces the site's attractiveness for redevelopment, particularly for retail uses for which access to a major arterial is a prerequisite. Moreover, as noted in Chapter 11, there are significant transportation limitations on SW Pacific Highway especially in the PM peak period, creating an added complication for re- use /redevelopment of the site. After being vacant for a number of years, the property was purchased by CBC for its "217 Campus" satellite; churches are outright used in the underlying C -P zone. The church planned a major renovation and expansion of the site in 2005, reaching the point of submitting a Site Development Review applications. The church reconsidered this major renovation and has used the facility "as is" with only minor internal improvements since then. Except for a small pre- school program' that operates weekday mornings, the church's activities are primarily Sunday- based, and as a result, the site is significantly under - utilized. The proposed high school at this location is a feasible alternative to the dilemma posed for the appropriate reuse of the site given its combination of an archaic building and limited site access. If a zone change is obtained for the site that permits the high school as a conditional use, Westside Christian High School (WCHS) proposes a major renovation of the existing building with two expansions: on the north side for additional classrooms (2,700 gst) and in the southwest corner to provide a gymnasium, student commons and related facilities (20,000 gst) (Phase 1). At a later date, WCHS hopes to add an auditorium in the southeast corner (13,600 gst) (Phase 2). Positive features of the plan include: • Reusing existing building stock for which there are limited options. From an energy conservation perspective, it is preferable to reuse existing buildings rather than demolish them and re- build, both in terms of the energy consequences of moving a significant amount of building debris to a land fill and the energy costs surrounding the manufacture and transportation of new building materials to the site. ' If WCHS develops the site for a high school, the CBC pre- school program will be discontinued. Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 3 • Reuse of the site for a high school as the primary use and church as secondary use is consistent with surrounding residential uses to the west and north of SW Pfaffle Street, as institutions are frequently approved as conditional uses in residential neighborhoods. Moreover, the school plans to use the northern portion of the site for an outdoor soccer field and tennis courts, buffering the school's development further to the south from nearby residences and providing additional green /open space. • At the end of full build -out, the proposal will increase the intensity of development from the existing 38,000 gsf to 74,300 gsf, a 96% increase. This will nearly double the site's FAR from 0.12 to 0.23. • The proposed design brings the facility down from the top of the knoll to the street level on the south (SW Pacific Highway) side, significantly improving urban design and pedestrian character at the property line, as envisioned in the redevelopment of the highway corridor consistent with high- capacity transit. • The proposed high school is one use for the site where direct access from SW Pacific Highway is not a requirement for economic /access reasons. The proposed access from SW Pfaffle Street is appropriate for a school where it is less attractive for retail or office use. • Although the existing western driveway lies in the path of the gymnasium /commons expansion, the eastern driveway will be preserved even at full build -out to provide pedestrian, transit and bicycle access to and from SW Pacific Highway. Because about half of the high school students are too young to drive, access to transit is an important alternative transportation mode. This will be even more the case when and if there is an extension of LRT in this corridor. As the school's student population is dispersed throughout the southwest portion of the region, most students will not live close enough to the school to bike or walk. However, there are substantial opportunities for carpooling with parent and /or student drivers, which will reduce total vehicle trips. • Because school is out at 3:00 PM, the afternoon peak traffic for the school occurs substantially before the general PM peak from 5:00 — 6:00 PM. As a result, the proposed use most likely will not contribute to the serious evening peak traffic congestion now experienced on SW Pacific Highway and its environs, which only is expected to get worse in coming decades Burden of Proof. A Comprehensive Plan/Zoning Map Amendment has two major implications, for the proposed use itself, which is not permitted in the underlying zone, and globally, as once the site is re- zoned, it can be used for any outright use permitted in the zone should the proposed use close or relocate. This exact nature of this burden is first articulated in the approval criteria for a quasi - judicial (property- owner- initiated) Comprehensive Plan/Zoning Map Amendment contained in Section 18.380.030 (A): 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and 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. 2 WCHS will do a full traffic study as part of its concurrent Conditional Use /Site Development Review applications, assuming that this request for Comprehensive Plan/Zoning Map Amendment is approved. Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion/Analysis III- 4 With regard to these criteria: • A demonstration of full compliance with all applicable Comprehensive Plan goals, policies and recommended action items [Section 18.380.030 (A)(1)] is contained in Chapter IV, Legal Justification. However, there is specific guidance on the applicant's burden of proof in Goal 2.1, Policy 15 of Chapter 2, Land Use Planning, which require both an "alternatives analysis" and "impact analysis" as follows: 15. In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zoning 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; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; 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; 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; 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 G. Demonstration that the amendment does not detract from the viability of the city's natural systems. Discussion of these in greater detail is presented below. • With regard to 18.380.030(A)(2), there also will be analysis of other governing regional policies and ordinances and the Statewide Planning Goals in Chapter IV. The proposed high school's compliance with the specific design and development standards in the Tigard's Development Code (Title 18) will be demonstrated in the subsequent concurrent Conditional Use /Site Development Review application following the approval of this application. • With regard to 18.380.030(A)(3), the proposed Comprehensive Plan/Zoning Map Amendment must be justified by demonstrating that either a change in circumstances or a mistake in the initial zoning designation has occurred. In this case, the proposed change from C -P to MUE is justified by the evolving vision for the SW Pacific Highway Corridor and nearby downtown Tigard as described in the Planning Context above. To ensure that all of the requirements for a Comprehensive Plan/Zoning Map Amendment are met properly, the following analysis is presented: • Alternatives Analysis: What are the benefits to the community of new high school? (Policy 15C) Why a high school at this site, which requires a Comprehensive Plan/Zoning Map Amendment? Are there other sites within the city's boundaries of sufficient size and appropriate zoning that could provide alternative locations? (Policy 15D) • Zoning District Alternatives. What changes have occurred in the city's vision and land use planning that justifies a change in zoning designation for the site? Why has the MUE zone been selected over other options? [Approval Criterion 18.380.030 (A)(3)] Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion/Analysis III- 5 • Consistency to Other Code Provisions. Is the proposed use compatible in its design/ development standards and operational characteristics, and in compliance to all other applicable city regulations? (Policy 15E) Are the proposed use and other outright uses in the proposed zone compatible with existing surrounding development in terms of development characteristics, operational characteristics and environmental impacts? (Policy 15F -G) • Impact Analysis: Is there adequate infrastructure capacity — transportation, water, sanitary sewer, stormwater disposal, parks — to accommodate the specifically - proposed use and all other outright uses in the new zoning district? (Policy 15A -B). Each of these is discussed below. Alternative Analysis. As noted above, there are two policy statements in the Tigard Comprehensive Plan, Goal 2.1, Goal 15C and 15D, that must be addressed to justify a change of zoning districts: Policy 15C: 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. Policy 15D: Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation. With regard to Policy 15C, K — 12 schools are part of the community's institutional fabric along with parks, community centers, churches, medical centers, universities and day care centers. Institutions are considered an important category both as conditional uses in residential zones and within mixed -use districts where they are often coupled with "civic" uses. This is in recognition that institutions such as schools are important to the health, safety, economic prosperity and livability of the community's residents. In the United States, education is highly localized in which deference is given to families' decisions of which schools best meet the needs of their children, which has resulted in a healthy balance of public and privates schools, the latter designed to serve specific constituencies. WCHS is a private high school for grades 9 — 12. That the school has 300 students and a waiting list of potential students and has outgrown its current facility is a de facto indication of public need. The request complies with Policy 15C. In Tigard, the status of K — 12 schools, as defined in Chapter 18.130, is as follows in various zones: • Allowed as a conditional use in all residential zones, R-1 — R -40. However, Footnote 13 to Table 33.510.1 limits schools to those "on public school sites", i.e., public schools. This raises the question whether such a distinction is legal, but on the face of it, this suggests that a private high school may not allowed even as a conditional use in any of Tigard's residential zones. • Prohibited in all four exclusively commercial zones, Neighborhood Commercial (C -N), Community Commercial (C -C), Professional /Administrative Commercial (C -P), and General Commercial (C -G), as well as in all exclusively industrial zones, Industrial Park (I -P), Light Industrial (I -L) and Heavy Industrial (I -H). • Allowed as a conditional use in all mixed use (MU) zones including Mixed -Use Residential (MUR -1 and MUE -2), Mixed -Use Commercial (MUC and MUC 1), and Mixed -Use Employment (MUE, MUE -1 and MUE -2). • Allowed by right in Mixed Use — Central Business District (MU -CBD). 3 Typically, a school's tenure, whether public or private, is not an issue in the land use system because ownership does affect a school's external impacts, that is, schools of the same size have the same impacts. Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 6 In summary then, a new site for WCHS within the Tigard city limits is feasible only in a residential zones, but only if the city waives the restriction on public schools per Footnote 13; and in mixed -use zones as conditional uses in all but MU -CBD, where schools are permitted by right. Figure 111 -1 features the city' Buildable Land Inventory Map, which identifies all vacant parcels throughout the city, by underlying zoning. Seven of these have been selected for study because: 1) they appear to be similar in size to the subject 7.4 -acre site, the minimum required for a high school with on -site playing fields and surface parking; and 2) have either residential or mixed -use zoning designations. To ensure that this alternatives analysis is on the conservative side, it is assumed that potential residential sites are in play because the city is willing to waive Footnote 13. As noted on Figure 111 -1, seven sites have been identified as "vacant" and appropriately zoned in the city's buildable land inventory for further study, the results of which are summarized in Table 111 -1. Tax lot maps of these sites are provided in Appendix B. TABLE 111 -1 ALTERNATIVES ANALYSIS FOR WCHS IN CITY OF TIGARD # LOCATION ZONE LEGAL SIZE REASON(S) NOT AVAILABLE (ACS) SW Scholls TL 14500, Tax Map 1S 1 33AC notes that the site is dedicated to the "Hawks Beard 1 Ferry Road/ SW R -7 1S1 33AC 10.5 Townhomes ", likely a PUD. Thus, the site is not available for alternative use. 135 Avenue The applicant's real estate agent spoke with Terry Hauck who is trustee for this property, indicated that the property is definitely not for sale. It also is SW Gaarde mapped on the City of Tigard's Significant Habitat map as well as CWS TL 1300, 2 Street/SW R -4.5 2S1 04DA 12.5 Vegetated Corridors map. Even if for sale, if the buffer /set backs are applied Bigleaf Court to such areas, the site's useable /buildable areas could be significantly impacted, as well as the costs to mitigate would need to be added to the development costs which would impact the feasibility for development . SW Beef Bend A bulk of site platted for single - family residential development; only TL 9100, 3 Road / SW R 7 Various/ NA Tract A and TL 19700 (2S1 09DA), remain vacant. At 1.2 and 2.6 acres, Summit Ridge 2S1 1008 respectively, these two TLs too small for high school. St SW 103rd TL 2700, Appears to be planned for single - family residential although not yet platted; 4 Avenue/SW R -3.5 2S1 11 CB 3 ' 7 see proposed cul -de -sac access. At 3.7 acres, too small for high school. 103' Street SW Hall WCHS considered site; CWS designates 8.0 acres as low -grade wetland; 5 Boulevard /SW R -12 TL 400, 9.1 after six months of negotiations with owner, no feasible mitigation plan for Ashford Street 2S1 11 DA replacing wetland elsewhere. Sale not finalized." This site is next door to Costco, PetSmart, Winco and other major retailers and is owned /controlled by PacTrust which is currently under negotiations SW 72 with an "undisclosed buyer" likely to be Wal -Mart for a super center. The 6 Avenue /SW MUE TL 902, 8.1 applicant's real estate agent has inquired at PacTrust on whether it would Pacific Highway 1S1 36DA sell the property and it indicated that the site is worth $18 /sf and at that price, the total costs would be prohibitive once the traffic improvements, wetlands mitigations and other costs are added. This site is owned by Dr. Gene Davis and is bound by wetlands /CWS vegetated corridor, as well as designated as "Highest Value Habitat" areas SW 89'n on the City of Tigard's "Significant Habitat Areas" map. Additionally, the bulk 7 Avenue /Highwa MUR -1 TL 2800, 8.4 4 of the actual site in question is mapped as either "Moderate" or "Lower" y 217 ISI 35AC "Value Habitat ". With CWS vegetated corridors, wetlands, coupled with significant Habitat areas as mapped by the City of Tigard, the cost would be prohibitive to develop as well as the site would be too small once all _ appropriate buffer /setbacks area applied to such areas. Source: City of Tigard Buildable Lands Inventory, January 2009. *The city Current Planning Department did not raise the restriction in Footnote 13 at the two Pre - Application Conferences for the development of this site for WCHS. Based on this analysis, there is not an existing vacant parcel with appropriate zoning within the Tigard city limits that is suitable for development of a high school with a student body of 400. For the purposes of this analysis, "suitable" is defined as: 1) a site of at least 7.4 acres; 2) available for sale or lease; and /or 3) without major development constraints. Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 7 In addition, WCHS' real estate agent has not identified an already- developed site within the city limits suitable for conversion to or redevelopment as a high school of this size, with the exception of the subject parcel. As noted above, the latter is owned and occupied by CBC that only uses the facility for Wednesday and Saturday evening and Sunday events and is willing to permit WCHS the use of the facility during all other times. There are two available developed sites with sufficient acreage for the a high school, the vacated Coe Manufacturing Plant (SW Hunziker/Wall Street) and combined vacant Gerber Knife/Williams Controls sites (SW 72 Avenue /Bonita), but these are zoned industrial where schools are prohibited. Metro establishes a very high bar for converting existing industrial sites within the UGB to non - industrial uses. Given that there is no existing site with appropriate zoning that is of sufficient size, available for sale/ lease, and /or without serious development constraints, the re- zoning of the subject 7.4 -acre parcel at 8200 SW Pfaffle Street is justified under Policy 15C and D. Zoning District Alternatives. Given that a re- designation of the subject parcel is justified, what is the appropriate zoning designation? Low - Density Residential District (R -4.5). This designation for the site is the same as the large established single- family neighborhood north of the site across SW Pfaffle Street. However, according to "Pacific Highway to a Sustainable Future: Tigard 99 Corridor Urban Design Vision Executive Summary" (May 2010), it is the city's intent to "up- zone" properties along SW Pacific Highway to be more transit - supportive and feature a mix of residential, retail, office, light industrial, institutional and civic uses. A single - family zone such as R -4.5, which only allows a small list of non- residential uses conditionally, does not comply with this vision. Moreover, if strictly enforced, Footnote 13 prohibits a private high school, requiring a text amendment to remove or modify the footnote to permit private schools. Medium High- Density Residential District (R -25). The application of R -25 to the site has some merit as this is what the large apartment complex to the west is zoned. Although R -25 has the medium high- density feature appropriate for a high- capacity transit corridor, non - residential uses are limited, so that the zone is not truly a mixed -use zone as envisioned by the city for the SW Pacific Highway Corridor. Moreover, if strictly enforced, Footnote 13 prohibits a private high school, requiring a text amendment to remove or modify the footnote. Mixed -Use Residential 1 and 2 (MUR -1 /MUR -2). According to the definitions in Chapter 18.520, the characteristics of the MUR -1 /MUR -2 zones are as follows: Mixed -Use Residential Zones. The MUR zoning district is designed to apply to predominantly residential areas where mixed -uses are permitted when compatible with the residential use. A high density (MUR -1) and moderate density (MUR -2) designation is available within the MUR zoning district. [Section 18.520.020(J)] Technically, the mixed -use zones in which schools are allowed conditionally, the two MUR zones are to be applied to `predominantly residential areas ". Although it is true that the subject site has exclusively residential development to the west (R -25) and north (R -4.5), it is located prominently on the north side of SW Pacific Highway, even if there is no longer direct access to this right -of -way. When viewed in the context of this street frontage, the surrounding zoning pattern is primarily non- residential and of moderate intensity, including MU -CBD in downtown Tigard immediately to the west, C -G to the east and south, and MUE to the southeast in the Tigard Triangle. As a result, a mixed -use zone in which residential uses are allowed but do not predominate is more compatible given both the existing zoning pattern and proposed vision for the SW Pacific Highway Corridor. Mixed -Use Employment 1 and 2 (MUE -1 /MUE -2). According to the definitions in Chapter 18.520, the characteristics of the MUR -1 /MUR -2 zones are as follows: Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 8 MUE -1 and MUE -2: Mixed Use Employment Districts. The MUE -1 and 2 zoning district is designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with employment character of the area. Lincoln Center is an example of an area designated MUE -1, the high density mixed use employment district. The Nimbus area is an example of an area designated MUE -2 requiring more moderate densities. [Section 18.520.020(G)]. Either of these zones could work because they include the mix of uses envisioned for the SW Pacific Highway Corridor, including schools as conditional uses. However, the city Current Planning Department prefers the Mixed -Use Employment (MUE) for reasons articulated below. Three other zones were analyzed and rejected: Mixed -Use — Central Business District (MU -CBD). This is the only zone in which schools are allowed by right. However, as it lies to the east across Highway 217, the site is not within the official boundaries of downtown Tigard as identified in its urban renewal district. The city Current Planning Department has indicated that extension of the MU -CBD zone beyond these boundaries is not acceptable. Mixed -Use Commercial (MUC) /Mixed -Use Commercial 1 (MUC -1) both allow schools as conditional uses but the Development Code indicates that MUC applies only to the Washington Square Regional Plan Area and MUC -1 to the Durham Quarry site. The subject site is not located in either of these areas. As a result, the MUE zone is the "best fit" in this case. Mixed -Use Employment (MUE). According to the definitions in Chapter 18.520, the characteristics of the MUE zone is as follows: MUE: Mixed -Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1 -5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi - family housing at a maximum density of 25 units/acre, equivalent to the R -25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit - related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intra- district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the city through the legislative process. [Section 33.520.020(F)]. Although it is nearby, the subject site is not located within the Tigard Triangle, which is why superficially the MUE -1 or MUE -2 zoning designation appears to be the more appropriate choice. However, note that the city reserves the right to apply the zoning designation elsewhere in the city "through the legislative process ". Although, the request for the re- zoning of the subject site is a quasi-judicial action, that is, initiated by the applicant, the city Current Planning Department has indicated in the Pre - Application Conference notes that it "would support" the application of the Mixed -Use Employment (MUE) zone for the following reasons: .....1) the zone allows schools as a conditional use; 2) the zone continues to allow religious institutions outright; 3) the zone allows residential use with a maximum density of 25 units /acre, consistent with the adjacent R -25 zone; 4) the zone allows a greater mix of uses than C -P, consistent with Pacific Hwy High Capacity Corridor Planning; and 5) the code anticipates the application elsewhere in the city through the legislative process. For all of these reasons, MUE appears to be the best alternative and one acceptable to the city. More important, the proposed MUE zone reflects the significant change in thinking about the development/redevelopment of this segment of SW Pacific Highway to: Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 9 • Reflect its designation as a High- Capacity Transit Corridor, especially now that this corridor has been chosen as the next priority for extension of the region's LRT system. • Implement the vision for downtown Tigard as a Town Center, including the creation of an urban renewal district to encourage redevelopment of downtown with a greater mix of uses and higher densities to support mass transit; • Reinforce on -going hopes for the development/redevelopment of the Tigard Triangle as one of the city's major employment areas. Thus, the proposed zone change can meet 18.380.030(A)(3) for a Comprehensive Plan/Zoning Map, i.e., "Evidence of change in the neighborhood or community as it relates to the property which is the subject of the development application ". Because the MUE zone does not share the same Comprehensive Plan Map designation as C -P, a Type 111 -PC Comprehensive Plan Map Amendment from General Commercial to Mixed -Use Employment also is required in addition to the Zoning Map Amendment from C -P to MUE. The request is "quasi-judicial" (Type 111) in that it affects a single property. However, because it involves changes to both the city's Comprehensive and Zoning Maps, the request must be approved by the Tigard City Council based on a recommendation of the city's Planning Commission, per Section 18.380.030(A), subject to the approval process contained in Section 18.390.060. Since the decision is made by means of a Type IV Legislative process, the state mandated 120 -day timeframe does not apply. Consistency to Other Development Regulations. There are three policies, 15E -G that deal with a proposed project's consistency with all applicable development regulations. These include: 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; 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 G. Demonstration that the amendment does not detract from the viability of the city's natural systems. If the Comprehensive Plan/Zoning Map Amendment is granted, WCHS will be a conditional use in the MUE zone and its redevelopment of the site will trigger a Type 111 Conditional Use and concurrent Type 11 Site Development Review. It is then that the applicant will provide a detailed description of the proposed development that addresses both compliance with all applicable development regulations, except where Variances or Adjustments are sought, and demonstration that the facility both in its design and operation will have no undue negative impacts on surrounding land uses. The applicant also will demonstrate in greater detail that the existing infrastructure including water, sanitary sewer, stormwater disposal and transportation, has sufficient capacity to accommodate the project as proposed. Impact Analysis. A "first- level" impact analysis is required for a Comprehensive Plan/Zoning Map Amendment to ensure that there is sufficient capacity within public infrastructure facilities to support the most intense of the uses permitted by right in the new zone, per Policies 15A -B as follows. 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; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis 111- 10 Transportation. As noted in the letter from Lancaster Engineering, WCHS' traffic engineer (Appendix C), the proposed zone change from C -P to MUE could result in the degradation of the transportation system per the requirements of the State Transportation Planning Rule (TPR), which requires analysis of both existing and future impacts; the latter is defined as within a 20 -year planning horizon. To prevent creating a "significant impact" as defined by the TPR, the applicant is proposing a trip cap that limits maximum traffic impact in all site trips equal to that permitted in the existing C -P zone for the most intense outright use, medical /dental office. As governed by Goal 2.1, Policy 16 of the Tigard Comprehensive Plan: 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. Preliminary analysis suggests that the operation of the proposed WCHS at this site will fall beneath the trip cap both in the AM and PM peak, the latter especially so because its afternoon peak (3 -4 PM) occurs before the general PM peak. Assuming that the Comprehensive Plan/Zoning Map Amendment is approved, the applicant then will have to undertake a detailed transportation analysis for its subsequent concurrent Conditional Use /Site Development Review applications. Application for WCHS' Type IV Comprehensive Plan/Zoning Map Change: Discussion /Analysis III- 11 Water. WCHS has developed only a preliminary concept plan for the renovation /redevelopment of this site because it does want to invest the funds for a fully- developed plan until the proposed Comprehensive Plan/Zoning Map Amendment is granted. However, WCHS' consulting engineer, KPFF, has undertaken a preliminary analysis of the water demand associated with a 400 - student high school at this location and has concluded that there is sufficient capacity in the existing in- street water system to accommodate any increase in demand for water. A detailed analysis of the demand for potable and non - potable water and adequate fire suppression capacity will be provided in the subsequent concurrent Conditional Use /Site Development Review applications. Sewer. As noted above, WCHS has developed only a preliminary concept plan for the renovation /redevelopment of this site because it does want to invest the funds for a fully- developed plan until the proposed Comprehensive Plan/Zoning Map Amendment is granted. However, WCHS' consulting engineer, KPFF, has undertaken a preliminary analysis of the sanitary sewer demand associated with a 400 - student high school at this location and has concluded that there is sufficient capacity in the existing in- street sanitary sewer system to accommodate any increase in demand for disposal of sewage. A detailed analysis of the demand for sanitary sewer will be provided in the subsequent concurrent Conditional Use /Site Development Review applications. Stormwater Disposal. Because WCHS has developed only a preliminary concept plan for the renovation /redevelopment of this site, development of a detailed stormwater collection, retention and treatment system is premature. However, WCHS' consulting engineer, KPFF, has undertaken a preliminary analysis of the demand for stormwater disposal, per the requirements of Clean Water Services (CWS), and has concluded that adequate on -site stormwater collection, retention and treatment facilities can be provided. A detailed analysis of the applicant's approach to stormwater management, as governed by CWS, will be provided in the subsequent concurrent Conditional Use /Site Development Review applications. Parks. The renovation /redevelopment of the site for a 400 - student high school will not trigger the need to provide additional park land. Thus, there will be no impact on the city's park system. Noise. Because the northern end of the site is adjacent to the apartment complex to the west and across SW Pfaffle Street from an established single- family residential neighborhood to the north, noise levels are of concern. Activities associated with the operation of a 400 - student high school primarily will be undertaken within the facility, including the proposed indoor gymnasium, and, as a result, there will be no significant noise impacts. However, it is anticipated that students will use the proposed soccer field and tennis courts on the north end of the site both for physical education during the day and inter -mural sports in the late afternoon and possibly on weekends, primarily in the fall and spring. There is some noise associated with outdoor sports activities but these are a normal part of neighborhoods where schools are often located. As these facilities will not be lighted, they only will be used during daylight hours when most residents are either not home or more tolerant of noise. There will be few if any such outdoor activities in the winter because of inclement weather and shorter days. The proposed gymnasium will provide indoor space for sports that do not need to be played outdoors, e.g., volleyball and basketball, and for physical education when outdoor play is not suitable. Thus, it is not anticipated that the occupation of the site by a high school will engender any significant noise impacts. This issue will be discussed again in the concurrent Conditional Use /Site Development Review applications. 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Mr / �' 4 4 e f+l r, Mvf�YY /wfels i LrwYY r.wrree.ar.t ee.errseeW Y '- , S ..✓ Q *Al ' , a `y wHnH....Yda lode '°. am.. pq. ° ' w F W r ^T. 1 " � � / ef an sr alp belts � N A t eAP in.tre % rF 9aldYple Inn Wa lt ppe Yl riiYe bode Inn llld9e/Y pnPrb y1� I� i. .R ��' ar.mm3awrre: C � . s , b 1�Pf I.R6yelan: ..r.4.1.4 eaed+r.eset pad. re p, . , 7. hlrlbssw• amaepeq pde.ldy.eee,e prat i , 5 , .� l ei1 W wear seo dMlydwow f 1� s lrry 4 lsee.e ver e a srderr mom belt meameN al6seup MJ a K en )S � le N ' I: , IV. LEGAL JUSTIFICATION Introduction. Westside Christian High School (WCHS) currently is negotiating the purchase of a 7.4 -acre site at 8200 SW Pfaffle Street just east of downtown Tigard. Formerly a General Motors automotive training center, the site currently is owned by City Bible Church (CBC). WCHS proposes to renovate and expand the existing facilities to accommodate a student body of up to 400. CBC plans to remain as a tenant using the facility on Sunday and Wednesday and Saturdays evenings, which are times not scheduled for school activities. However, schools are not allowed in the underlying C -P zone, although churches are permitted by right. Thus, WCHS cannot locate at the site without a zone change. WCHS has sought guidance of the City of Tigard Planning Department about the most appropriate zoning designation. As noted in the PAC notes, the city has indicated that it "would support" the application of the Mixed -Use Employment (MUE) zone, currently applied only in the nearby Tigard Triangle. As part of the request, the applicant is asking that a condition of approval be the imposition of a trip cap on site trips no greater than the most intense allowed use, medical /dental office, in the C -P zone, in recognition that any up- zoning of the site could lead to overtaxing existing or future roadway capacity in the vicinity. A high school is a perfect use at this location because its afternoon peak occurs before the general PM peak. The implementation of a trip cap is a way to demonstrate compliance with the State Transportation Planning Rule (TPR), although the applicant will have to undertake a detailed transportation analysis for the proposed school as part of its subsequent concurrent Conditional Use /Site Development Review applications. As noted below, the Comprehensive Plan allows the city to impose such conditions: "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 ". (Chapter 2, Land Use Planning, Policy 16). Because the MUE zone does not share the same Comprehensive Plan Map designation as the C -P zone, a Type 111 -PC Comprehensive Plan Map Amendment from General Commercial to Mixed -Use Employment also is required in addition to the Zoning Map Amendment from C -P to MUE. The request is "quasi-judicial" (Type 111) in that it affects a single property. However, because it involves changes to both the city's Comprehensive and Zoning Maps, the request must be approved by the Tigard City Council based on a recommendation of the city's Planning Commission, per Section 18.380.030(A)(2), subject to the approval process contained in Section 18.390.060. Since the decision is made by means of a Type IV Legislative process, the state mandated 120 -day "clock" does not apply. A Comprehensive Plan/Zoning Map Amendment also has the highest legal burden of any land use entitlement. If the request in this application is approved, WCHS will proceed to the next round of land use entitlements including concurrent Type 111 Condition Use and Type II Site Development Review for approval of its proposed redevelopment plan. Approval Criteria (Section 18.380,030 (A)(211. The approval criteria for a Comprehensive Plan/ Zoning Map Amendment are contained in Section 18.380.030 as follows: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations. Finding: Demonstration of compliance with all applicable goals, policies and action items from the Tigard Comprehensive Plan is provided immediately below. Since this request also includes a Comprehensive Plan Map Amendment as well as a Zoning Map Amendment, compliance to applicable regional (Metro) plans and policies and Statewide Planning Goals also is provided below. This criterion will be met. Request for WCHS Type IV Comprehensive PIan/Zoning Map Change: Legal Justification IV -1 2. Demonstration of compliance with all applicable standards of anv provision of this code or other applicable implementing ordinance. Finding: WCHS has developed only a preliminary concept plan for the renovation /redevelopment of this site because it does want to invest the funds for a fully- developed plan until the proposed Comprehensive Plan/Zoning Map Amendment is granted. Once this has occurred, the applicant will develop a detailed redevelopment plan incorporating all applicable design, development and functional requirements of the Tigard Development Code (Title 18), except where Variances and Adjustments are sought. Documentation of compliance with Title 18 will be provided in the subsequent concurrent Type 111 Conditional Use/Type 11 Site Development Review applications. This criterion is met provisionally now and will be met with the submission of subsequent land use applications. 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. Finding: Having completed the required alternatives analysis as described in detail in Chapter 111, there is ample documentation that re- zoning of the subject site is justified. To comply with this criterion, there is "evidence of change in the neighborhood or community', based on events that have occurred since the last Comprehensive Plan Map was adopted. Namely, the segment of SW Pacific Highway upon which the subject site is located has been designated in the Metro 2040 Growth Management Plan Concept as a "Corridor" design type and in the Regional Transportation Plan (RTP) as a "High- Capacity Transit Corridor". Recently, Metro has designated the corridor as the next priority for the extension of light rail transit (LRT) from downtown Portland to Sherwood. Although detailed land use and transportation planning for the corridor is just beginning, the city's vision statement calls for the up- zoning of sites along the corridor to increase the mix of uses, including residential, retail, office, industrial, institutional and civic activities, and development density /intensity to support transit. Significant redevelopment of Downtown Tigard as a Metro - designated "Town Center", described in planning documents as a medium - /high- density mixed -use "urban village" also is planned. As a result of this change in circumstances, the city Current Planning Department has suggested that the Mixed -Use Employment (MUE) is the most appropriate zone for the site. According to the definitions in Chapter 18.520, the characteristics of the MUE zone is as follows: MUE: Mixed -Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1 -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units/acre, equivalent to the R -25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intra - district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. [Section 33.520.020(F)J. (Emphasis added.) In the Pre - Application Conference notes (Appendix A), the City Current Planning Department has indicates that it "would support" the application of the Mixed -Use Employment (MUE) zone for the following reasons: .....1) the zone allows schools as a conditional use; 2) the zone continues to allow religious institutions outright; 3) the zone allows residential use with a maximum density of 25 units/acre, consistent with the adjacent R -25 zone; 4) the zone allows a greater mix of uses than C -P, consistent with Pacific Hwy High Capacity Corridor Planning; and 5) the code anticipates the application elsewhere in the city through the legislative process. This criterion is met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -2 Compliance With Tigard Comprehensive Plan. As required by the approval criterion in Section 18.380.030(A), the applicant is required to demonstrate compliance with the applicable policies of the city's Comprehensive Plan. These include the applicable policies of the following chapters: • Chapter 2: Land Use Planning • Chapter 9: Economic Development • Chapter 10: Housing • Chapter 11: Public Facilities • Chapter 12: Transportation • Chapter 13: Energy • Chapter 15: Special Planning Areas: Downtown Tigard Chapter 2; Land Use Planning Goal 2.1: Maintain an up -to -date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policies 4. The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. Finding: Although this is directed towards city action, the proposed re- zoning of the subject site will aid in re- use /redevelopment of a large site along SW Pacific Highway, a designated "High- Capacity Transit Corridor'; which currently is significantly under - utilized and with minimal re -use options due to a archaic building and limited transportation access. This policy is met. 5. The City shall promote intense urban level development in Metro - designated Centers and Corridors, and employment and industrial areas. Finding: This segment of SW Pacific Highway is a designated Corridor in the Metro 2040 Framework Plan. The proposed up- zoning of the subject site from C -P to MUE is in keeping with this policy as well as the visions for nearby Downtown Tigard to the west and Tigard Triangle to the east. This policy is met. 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. Finding: The current zoning, C -P, provides a relatively short list of allowed and conditional uses, and the current development on the subject site offers limited options for redevelopment of a large under - utilized parcel on SW Pacific Highway, a designated "High - Capacity Transit Corridor ". The re- zoning of the site to MUE, in which schools are allowed conditionally and churches by right, is in keeping with this policy. This policy is met. 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: C. Mixed use; Finding: This policy envisions the city adopting mixed -use zoning wherever appropriate, no more appropriate than on this segment of SW Pacific Highway upon which the subject site is located because of its designation as a High- Capacity Transit Corridor, proximity to Downtown Tigard and the Tigard Triangle; and adjacency to Highway 217. This policy is met. F. Public services. Finding: Although up- zoning to create a broader mix of uses and higher densities on the subject site is justified, there are significant existing and future traffic constraints on the segment of SW Pacific Highway upon which the subject site is located unless and until the capacity for alternative modes, particularly high- capacity transit, is available. The proposed re -use of the subject site for a 400 - student high school is a perfect use of the site because it contributes little traffic to the PM peak demand on SW Pacific Highway and in the long -run provides a body of transit riders once high- capacity transit is provided. To further ensure that the proposed development does not exceed existing /future roadway capacity, the applicant is asking the city to approve the re- zoning with a maximum "trip cap" that does not exceed the AM and PM traffic impact of the most intense allowed Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV-3 use in the existing C -P zone, which in this case is medical /dental office. The school's AM peak trips will coincide with the general peak but still less than the worst -case scenario. The PM peak traffic generated by the proposed high school will be less than this maximum cap because most students and staff will leave the site by 4 PM. These traffic impacts will be demonstrated in the transportation analysis prepared as part of the subsequent concurrent Type 111 Conditional Use/Type 11 Site Development Review applications. This policy is met. 8. The City shall require that appropriate public facilities are made available, or committed, prior to development approval and are constructed prior to, or concurrently with, development occupancy. Finding: A "high- level" impact analysis is provided in this application as detailed in Chapter 111 and Policy 15A -B below that demonstrates the proposed 400 - student high school will not tax the existing infrastructure system including that for water, sanitary sewer, stormwater disposal and transportation. A more detailed analysis of the project's impact on public infrastructure will be provided in the subsequent concurrent Conditional Use /Site Development Review applications. This policy is partially met with this application and will be fully met in subsequent land use applications. 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements, that encourage results such as: B. Land use compatibility. Finding: In quasi-judicial decisions such as this, the city can judge the compatibility of the proposed zoning district based on an analysis of the impacts of the zone's proposed uses on surrounding development in making its decision to approve the request. The city has the opportunity to judge the compatibility of a specific use at a specific site in subsequent land use approvals. In the case of a high school allowed conditionally in the proposed MUE zone, this evaluation will take place in the subsequent concurrent Conditional Use /Site Development Review applications. This policy is met. E. Regulatory flexibility necessary for projects to adapt to site conditions. Finding: As noted above, the city has the opportunity to provide regulatory flexibility in the Conditional Use process that will apply to the specific use, a high school, proposed for the subject site, with additional flexibility provided by the process for Variances and Adjustments. This policy is met. 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. Finding: The applicant bears the burden of proof in this application, particularly through demonstration of compliance with city, regional and state goals, policies, plans and implementing measures that pertain to the request. All of these are described in this chapter. This policy is met. 15. In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation. Finding: In Chapter Ill of this application, the applicant undertakes a preliminary impact analysis to demonstrate that the proposed new zoning district, MUE, and proposed conditional use, a high school, will not unduly tax the public infrastructure system for water, sanitary sewer and stormwater disposal. The applicant proposes a trip cap for the site that is equal to the maximum amount of automobile trips for both the AM and PM peaks that would be allowed by the most intense use, a medical /dental office, in the existing C -P zone. This ensures that the proposed re- zoning will not exceed existing or future roadway capacity. Detailed impact analysis for all of these types of infrastructure will be provided in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -4 B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services. Finding: As noted above, the applicant requests that the city condition the approval of the requested re- zoning with a trip cap that does not exceed the total number of automobile trips associated with the most intense use, a medical /dental office, allowed by right in the existing C -P zone. This policy will be 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, Finding: K -12 schools are part of the community's institutional infrastructure along with parks, community centers, churches, medical centers, universities and day care centers. As such, institutions are considered an important category both as conditional uses in residential zones and within mixed -use districts where they are often coupled with "civic" uses. This is in recognition that institutions such as schools are important to the health, safety, economic prosperity and quality of life of the community's residents. In the United States, education is a highly localized in which deference is given to families' decisions of which schools best meet the needs of their children, which has resulted in a healthy balance of public and privates schools, the latter designed to serve specific constituencies. WCHS is a private high school for grades 9 -12. That the school has 250 students and a waiting list of potential students and has outgrown its current facility is a de facto indication of public need. The request complies with Policy 15C. D. Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation; Finding: As described in Chapter III, the applicant has undertaken an alternatives analysis to document that there are no alternative vacant sites of adequate size, appropriate zoning, availability, and development readiness within the Tigard city limits to accommodate the proposed 400 - student high school. Moreover, there is no other already- developed site than is appropriate for re -use, renovation and /or expansion for a high school. As there are no other alternative sites, re- zoning of the subject site from C -P, where schools are not permitted, to MUE, where schools are allowed conditionally, is warranted. Moreover, there is ample evidence in the record that the proposed zoning designation is more appropriate for the site in general given changes in surrounding areas and in keeping with the evolving vision for this portion of Tigard, including SW Pacific Highway as a High- Capacity Transit Corridor and redevelopment envisioned for Downtown Tigard and Tigard Triangle to the west and east of the site, respectively. This policy is met. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled. Finding: This will be demonstrated amply when the detailed redevelopment plan for the site is undertaken following the approval of this application for a zone change and reviewed by the city in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will 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. Finding: See Policy 15E above. This policy will be met. G. Demonstration that the amendment does not detract from the viability of the City's natural systems. Finding: See Policy 15E above. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -5 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 desiqn /development requirements Finding: The applicant asks that the city not limit the zone change to this particular use, i.e., a high school as a primary use and church as secondary use, as this unduly limits the future re- use of the property should the high school close or be relocated. However, the applicant does request the trip cap noted above to ensure that the proposed use and any subsequent uses do not unduly impact existing or future roadway capacity in the vicinity of the subject site. This policy is at the discretion of the city. This policy is optional and depends on city action in during the approval process. 17. The City may allow concurrent applications to amend the Comprehensive Plan/Zoninq Maps) and for development plan approval of a specific land use. Finding: The staff of the city's Current Planning Department indicated that the city would not accept an application for the next set of land use reviews, in this case a concurrent Type 111 Conditional Use/Type II Site Development Review applications, until the decision on the Comprehensive Plan/Zoning Map Amendment has been rendered. The applicant wishes to revisit this issue with the city in the near future given this policy language. This policy is advisory 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. Finding: At this stage, the re- zoning of the subject site, additional infrastructure is not required. The applicant is requesting a trip cap as a condition of approval to eliminate any threat that redevelopment of the site will exceed the existing or future capacity of the adjacent transportation system. Any specific infrastructure upgrades will be proposed when the detailed development plan is completed. Documentation of infrastructure sufficiency will be contained in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. Recommended Action Measures iii. Implement measures to preserve and enhance the quality and character of Tigard's residential districts. Examples include managing the design of infill development, mitigating impacts of adjacent dissimilar land uses, improving quality of streetscapes and the pedestrian environment, and providing greater access to open space. Finding: Currently the subject site is governed by a non - residential zone, C -P, as is the proposed new zone, MUE. By approving the proposed high school as a conditional use, the city is insuring the protection of nearby residential areas to the west and north. This proposal is in keeping with this action measure. v. Revise the Comprehensive Plan text, maps, and related findings as needed to maintain reliability and timeliness; to insure consistency among goals, policies, and recommended action measures; to assure accuracy of findings; and to comply with state, regional, and federal laws and rules. This includes review by the Planning Commission every two years, formal evaluation every five years, and an overall update at least every ten years. Finding: This action measure directs the city to update the Comprehensive Plan legislatively to "insure consistency among goals, policies and recommended action measures " However, through the quasi-judicial process, the city has the opportunity to update the Comprehensive Plan and Zoning Map designations on specific properties dictated by the change in vision, policy and /or circumstances. This is the case on the subject site where planning in the vicinity of the site now dictates up- zoning to allow a greater mix of uses at higher densities /intensities. Approval of this quasi-judicial request is in keeping with this action measure. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -6 x. Implement incentive and redevelopment programs to utilize urban land and existing public facilities more efficiently. Finding: The existing site is under - utilized, but its redevelopment is hobbled by an archaic building inventory; restricted vehicle access, and capacity constraints on SW Pacific Highway. The proposed high school at this location would re -use the existing building inventory and expand facilities to increase intensity without negative impact upon the nearby roadway system. This redevelopment cannot be achieved without approval of the proposed quasi-judicial Comprehensive Plan/Zoning Map Amendment, which would be consistent with this action measure. Chapter 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policies 1. The City shall establish strategies to retain and encourage the growth of existing businesses. Finding: To the degree that an institution, in this case City Bible Church (CBC), is a business, the approval of this quasi-judicial Comprehensive Plan/Zoning Map Amendment will permit the subject site to be more intensely used through its sale to WCHS. This is possible because the church will remain as a secondary weekend user while the facility is expanded and put to use during the work week. WCHS has a combined faculty /staff of 38 full- and part-time employees for an existing student body of 250. It is expected that the faculty /staff will increase by two full - time staff, for a total of 40, when the school achieves its maximum size of 400 students. This includes upgrading several part-time employees to full -time status, thus, significantly increasing total payroll. This policy is met. 2. The City shall actively encourage businesses that provide family -wage lobs to start up, expand, or locate in Tigard. Finding: As noted above, when it relocates to Tigard from Lake Oswego, WCHS will have a combined faculty /staff of 38 full- and part-time employees, which will increase to 40 when the school reaches its maximum size of 400 students. As most of these employees are teachers and administrators, these jobs command family wages and full benefits, in keeping with this policy. 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Finding: As noted above, the subject site is under - utilized and hobbled by an archaic building inventory, the re -use of which is significantly restricted. Moreover, the planning in the area, both for the SW Pacific Highway Corridor and nearby Downtown and Tigard Triangle areas envisions a greater mix of uses and higher densities/intensities than permitted by existing zoning on and in the vicinity of the subject site. By approving this quasi-judicial request for a Comprehensive Plan/Zoning Map Amendment, the city will up -zone the site to achieve greater flexibility in its redevelopment, in this case for a 400 - student high school. This policy is met. 5. The City shall promote well - designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. Finding: Now zoned C -P, the subject site is significantly under - utilized and hobbled with an archaic building inventory with limited re -use capability. The proposed re- zoning to MUE will permit the relocation of WCHS from Lake Oswego to Tigard. As noted above, the school plans to renovate the existing facilities extensively, expand the building footprint and make other site improvements including the landscaping of existing parking lots and creation of outdoor sports facilities. As a result, the use of the site will be extended throughout the work week in addition to the part -time use of the site by City Bible Church, which will remain a weekend tenant. The school brings 400 students and combined faculty /staff of 40. This policy is met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -7 12. The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Finding: Provision of a full range of civic and institutional uses, including schools, makes an important contribution to the community's livability. By granting the requested re- zoning, the city will facilitate several things: 1) permit the re -use of an archaic building with few options for alternative use; 2) increase the intensity of use of under - utilized site in a critical location; 3) upgrade the facility by adding additional landscaping and outdoor sports facilities; 4) provide additional potential transit riders among students, staff and faculty; and 5) provided additional patronage of nearby retail businesses. This policy is met. Recommended Action Measures vi. Support redevelopment of existing vacant and underutilized industrial and commercial lands rather than designating additional lands for these purposes. Finding: Approval of this quasi - judicial request for re- zoning helps to accomplish this action measure by allowing the re -use of a partially- vacant and under - utilized site in a critical location along SW Pacific Highway just east of downtown Tigard. This proposal is in the spirit of this action measure. viii. In view of the limits imposed on Tigard's ability to expand its City limits by surrounding jurisdictions, develop strategies to increase employment growth through more intense and efficient use of existing lands. Finding: As noted above, approval of the proposed re- zoning request will permit intensification of the use of this under - utilized site, which is located at a critical juncture along the SW Pacific Highway, a designated High- Capacity Transit Corridor. Approval of this request is in the spirit of this action measure. xii. Increase opportunities for higher density housing and employment development in the Downtown Urban Renewal District, Washington Square Regional Center, Tigard Triangle, and designated Corridors to enable more intense housing and employment uses to be located in close proximity to transit and other urban uses. Finding: By approving this re- zoning request, the city will expand the use of the site to provide 38 new professional, family -wage jobs upon occupancy and up to 40 such jobs when the maximum of 400 students is reached. Approval of this request is in the spirit of this action measure. Goal 9.3: Make Tigard a prosperous and desirable place to live and do business. Policies 1. The City shall focus a significant portion of future employment growth and high- density housing development in its Metro - designated Town Center (Downtown); Regional Center (Washington Square): High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. Finding: The subject site lies on the SW Pacific Highway Corridor between downtown Tigard to the west and Tigard Triangle to the east. By approving the proposed re- zoning request, the city will permit this partially- vacant, under - utilized site to redevelop. As noted above, the proposed high school will bring 38 new professional, family -wage jobs into Tigard, which will expand to as many as 40 such jobs when the school grows to its maximum student body of 400. This policy is met. 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. Finding: As noted in the policy statement, educational facilities contribute to the quality of community life. The proposed re- zoning will permit the subject site, which is partially vacant and significantly under - utilized, to be redeveloped for a high school with up to 400 students and 40 faculty /staff, in support of this policy. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV-8 Recommended Action Measures iii. Promote Tigard's cultural, historic, recreational, educational, and environmental assets as important marketing tools for the City's business areas and neighborhoods. Finding: Approval of this quasi-judicial request for a re- zoning of the subject parcel, will enable its redevelopment for a 400 - student high school, thereby increasing the city's educational assets. Approval of this request is in the spirit of this action measure. v. Investigate ways to improve the appearance and function of Hwy 99W and other transportation corridors. Finding: Approval of this quasi-judicial request for a re- zoning of the site will enable the redevelopment of the site for a 400 - student high school. This result in the renovation and re- use of an archaic building with limited re -use options; expansion of the facility to bring it closer to the SW Pacific Highway right -of -way, enhancing the facility's presence at the street and contribution to a positive pedestrian experience; and installation of additional landscaping and other site improvements. Approval of this request is in the spirit of this action measure. Chapter 10: Housing Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policies 5. The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. Finding: Although the purpose of this quasi-judicial request to re -zone the subject site to allow its redevelopment for a high school, the propose zoning designation, MUE, does permit housing at 25 units /acre, considered "medium high- density" in the city's Development Code, as an outright use. Should the high school close or be relocated, the site could redevelop to include housing, most likely in a mixed -use configuration with the vertical or horizontal mix of residential and non- residential uses. Thus, re- zoning expands future housing options on the site, something that the current C -P zone does not. Moreover, the allowed density of 25 units /acre is consistent with the R -25 zoning immediately to the west. This policy is met. Recommended Action Measures iii. Increase opportunities for higher density mixed use development in the Downtown Urban Renewal District, Washington Square Regional Center, Tigard Triangle, and designated Corridors to enable residential uses to be located in close proximity to retail, employment, and public facilities, such as transit and parks. Finding: The proposed zone requested in this application is MUE, in which housing at a density of up to 25 units/acre is permitted by right. Approval of this request is in the spirit of this action measure. vi. Provide incentives to encourage the development of a range of housing choices at transit - supportive densities near existing and planned transit routes, and /or in proximity to major activity centers such as employment, commercial areas, schools, and recreation areas. Finding: As noted immediately above, the proposed zoning designation, MUE, requested in this application allows housing at a density of 25 units /acre by right. Approval of this request is in the spirit of this action measure. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV-9 Goal 10.2: Maintain a high level of residential livability. 3. The City shall commit to improving and maintaining the quality of community life public safety, education, transportation, community design; a strong economy, parks and recreation, etc.) as the basis for sustaining a hiqh- quality residential environment. Finding: As noted above, educational facilities are considered an important contribution to the community's quality of life and social fabric. Approving this request to re -zone the subject site from C -P, where schools are prohibited, to MUE, where schools are permitted conditionally, facilitates the redevelopment of the subject site for a 400 - student high school. This policy is met. 7. The City shall insure that residential densities are appropriately related to locational characteristics and site conditions such as the presence of natural hazards and natural resources, availability of public facilities and services, and existing land use patterns. Finding: The proposed zoning designation, MUE, allows housing at a density of 25 units /acre by right. This is the appropriate density given that the apartment complex immediately to the west of the subject site is zoned R -25, the equivalent residential zone to MUE. At the same time, the MUE designation recognizes the subject site's critical location on the SW Pacific Highway, a designated High- Capacity Transit Corridor, at the juncture of Highway 217 and between downtown Tigard and the Tigard Triangle. The zoning adjacent to the site to the south, east and west include C -G, MU -CBD and MUE, reflecting the city's intent to transition the area to a broader mix of uses at higher densities /intensities. This policy is met. 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; Finding: The proposed zoning designation, MUE, features the same maximum density, 25 units /acre, as the apartment complex immediately to the west. This policy is met. Chapter 11; Public Facilities Goal 11.1: Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policies 1. The city shall require that all new development: A. Construct the appropriate stormwater facilities or insure construction by paying their fair share of the cost. Finding: Assuming this request for re- zoning the subject site is approved by the city, the applicant will submit concurrent Conditional Use /Site Development Review applications that will contain a detailed stormwater disposal plan, including any on -site facilities required to meet development and design standards imposed by Clean Water Services (CWS) that regulates stormwater disposal for all jurisdictions in Washington County. As part of its development, the applicant will pay the cost of such on -site upgrades and any systems development charges (SDCs) that apply. This policy will be met in a later stage of the development process for this site. B. Comply with adopted plans and standards for stormwater management. Finding: As noted above, CWS regulates the development and maintenance of on -site stormwater disposal systems within the Tigard city limits. The applicant will comply with all applicable regulations and standards imposed by CWS. This policy will be met in a later stage of the redevelopment process for this site. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -10 C. Meet or exceed regional, state, and federal standards for water quality and flood protection. Finding: The subject site is not in flood zone, so flood protection requirements do not apply in this case. As noted above in Policy 1A -B, the applicant will comply with all applicable regulations and standards imposed by CWS. This policy will be met in a later stage of the development process for this site. 5. The City shall require maintenance access to all stormwater infrastructure and easements Finding: At a later time in the redevelopment process, the applicant will grant all necessary infrastructure access easements to CWS as required. This policy will be met. 7. The City shall encourage low impact development practices and other measures that reduce the amount of, and /or treat, stormwater runoff at the source. Finding: At a later time in the development process when WCHS undertakes the detailed design of the project, its consulting engineers, KPFF, will address stormwater disposal per the requirements of the CWS Stormwater Manual, which requires the implementation of low - impact development practices. In addition, architectural design teams are becoming savvier about designing new development/ redevelopment in a manner that minimizes stormwater run -off. This policy will be met in a later stage of the development process for this site. Goal 11.2: Secure a reliable, high quality, water supply to meet the existing and future needs of the community. Policies 3. The City shall require maintenance access to all public water infrastructure and easements. Finding: At a later time in the redevelopment process, the applicant will grant all necessary infrastructure access easements for water facilities to the city as required. This policy will be met. 6. The City shall require all new connections within the Tigard Water Service Area to pay a system development charge. Finding: At the point in the redevelopment process when it applies for building permits, the applicant will pay all required water - service system development charges. This policy will be met. 8. The City shall require all new development needing a water supply to : A. Connect to a public water system. Finding: The site already is connected to the public water system via the water main in SW Pfaffle Street. Therefore, the site already is in compliance with this requirement, although the on -site service may need to be up -sized for the proposed use. B. Pay a system development charge and other costs associated with extending service. Finding: At the point in the redevelopment process when it applies for building permits, the applicant will pay all required water - service system development charges. This policy will be met. C. Insure adequate pressure and volume to meet consumption and fire protection needs. Finding: As part of its responsibility as the civil engineer on the project, KPFF will design the on -site water system to maintain adequate pressure to meet consumption and fire suppression needs. This will be demonstrated in the subsequent concurrent Condition Use/ Site Development Review applications. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV-1 1 D. Extend adequately sized water lines with sufficient pressure to the boundaries of the property for anticipated future extension. Finding: As indicated in the preliminary impact analysis in Chapter 111, the applicant's civil engineer, KPFF, has indicated that it is likely that the on -site water line may have to be up -sized to accommodate the increase in development on the site to ensure adequate pressure for consumption and fire suppression. This nature and extent of these on -site upgrades to the water system will be contained in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. Goal 11.3: Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policies 1. The City shall require that all new development: A. Connect to the public wastewater system and pay a connection fee. Finding: The subject site already is connected to the public sanitary sewer system via the sewer line in SW Pfaffle Street. At the time it applies for building permits, the applicant will pay all applicable connection fees as levied by the city. This policy will be met. B. Construct the appropriate wastewater infrastructure. Finding: As part of its responsibility as the civil engineer on the project, KPFF will design the on -site sanitary sewer system in compliance with all applicant development and technical standards imposed by the city's Engineering Department; this may require the up- sizing of on -site piping to the sewer main in the street. This adequacy of this on -site upgrade will be documented in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. C. Comply with adopted plans and standards for wastewater management. Finding: As noted above, the applicant's civil engineer, KPFF, will design the upgrade of the on -site sanitary sewer system to support redevelopment of the site for a 400 - student high school in compliance with all City of Tigard regulations. This policy will be met. Goal 11.4: Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policies 4. The City shall require that all new development: A. Can be provided fire and police protection. Finding: As the site is located within the city limits, both fire and police protection is available from the Tigard Police Department and Tualatin Valley Fire and Rescue (TVFR), respectively. This policy is met. B. Provide Tigard Police, Tualatin Valley Fire and Rescue, and the school districts the opportunity to comment on the proposal. Finding: These two agencies will have an opportunity to respond to the proposal for redevelopment in the subsequent concurrent Conditional Use /Site Development Review applications. The proposal will have impact on the school system, so outreach to the Tigard- Tualatin School District will not be required. This policy will be met. C. Have sufficient fire hydrants and fire flow. Finding: As part of its civil engineering work on the redevelopment plan for the site, KPFF will ensure that there is adequate capacity and pressure to provide code - required on -site fire suppression. This includes the provision of additional on -site fire hydrants as required by TVFR regulations. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -12 D. Have a street layout and design that is accessible by emergency vehicles. Finding: The applicant's consulting team will consult with TVFR to ensure that there is adequate access to the site for all emergency vehicles. This may include permission from the Oregon Department of Transportation (ODOT) to use the now- closed access on SW Pacific Highway for an emergency -only access. This policy will be met. E. Have buildings that meet fire and building code requirements. Finding: As part of the detailed redevelopment plans, the applicant's design team will ensure that the project meets all applicable building and fire code requirements. This will be discussed in the subsequent concurrent Conditional Use /Site Development Review applications and demonstrated in detail on the construction plans submitted for building permit. This policy will be met later in the development process. Recommended Action Measures iii. Review the Community Development Code to identify locational barriers to constructing new schools and fire stations. Finding: Although this action directs the city to make appropriate changes to its Development Code text and Zoning Map to address the need for new schools, the approval of this quasi-judicial request for a zone change from C -P, where schools are prohibited, to MUE, where they are permitted conditionally, the city will ensure that the subject site will be properly zoned to permit its redevelopment for a high school. Approval of this request is in the spirit of this action measure. Chapter 12: Transportation Goal 12.1: Transportation System Policies 7. Implement the transportation system plan (TSP) in a coordinated manner by coordinating and cooperating with adiacent agencies (including Washington County, Beaverton, Tualatin, Lake Oswego, City of Portland, TriMet, Metro and ODOT) when necessary to develop transportation projects which benefit the region as a whole in addition to the City of Tigard. Finding: Although this is a global policy that will require legislative action to address, the city's approval of this quasi-judicial request for re- zoning is in keeping with the redevelopment of this portion of SW Pacific Highway now envisioned in recent planning efforts related to the corridor's priority for the next extension of LRT and redevelopment of downtown Tigard. This policy is met. Goal 12.2: Trafficways Policies 3. The City shall require as a precondition to development approval that: A. Development abut a publicly dedicated street or have adequate access approved by the appropriate approval authority. Finding: The site abuts SW Pacific Highway to the south and SW Pfaffle Street to the north. However, ODOT has permanently closed the driveway onto SW Pacific Highway and is unlikely to re -grant approval to re -open the driveway. For this reason, the site takes its only access from SW Pfaffle. Currently, as part of the redevelopment plan, the applicant is discussion the exact location of the driveway on SW Pfaffle Street in terms of its relationship to the location of SW 81 and SW 83 Avenues entering the street from the neighborhood to the north. Final determination of this will be made by the city Engineering Department in the subsequent concurrent Conditional Use/ Site Development Review applications. This policy is met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -13 B. Street right of way be dedicated where the street is substandard in width. Finding: At the current time, there is no indication that further dedication of street right -of -way (ROW) will be required for this development. However, a final determination will be made as part of the subsequent concurrent Conditional Use /Site Development Review applications. The applicant will dedicate additional ROW on SW Pfaffle Street if required by the city Engineering Department. This policy will be met. C. The developer commits to the construction of the streets, curbs and sidewalks to city standards within the development. Finding: As part of the redevelopment plan, the applicant will ensure that the project meets the city's sidewalk standards on both of the site's street frontages, SW Pacific Highway and SW Pfaffle Street. This will be demonstrated in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met, if applicable. D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts. Finding: The need to fund off -site improvements such as these will be determined later in the redevelopment process as documented in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met, if applicable. E. Street improvements be made and street signs or signals be provided when the development is found to create or intensify a traffic hazard. Finding: The need to fund off -site improvements such as these will be determined later in the redevelopment process as documented in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met, if applicable. F. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership. Finding: The need for additional off -site transit facilities such as these will be determined later in the redevelopment process as documented in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met, if applicable. 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. Finding: The total number, design and location of disabled - accessible parking spaces in private parking lots are governed by the building code. The applicant will meet or exceed code requirements for disabled parking when a detailed redevelopment plan for the site is formulated. Documentation of compliance to these standards will be contained in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. H. Land be dedicated to implement the bicycle /pedestrian corridor in accordance with the adopted plan. Finding: The applicant will dedicate additional ROW to provide public pedestrian and bicycle improvements to the degree that this is required. This issue will be addressed as part of the formulation of the detailed redevelopment plan for the site and documented in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. 6. The City shall adopt the following transportation improvement strategy in order to accommodate planned land uses in the Tigard A. Highway 99W should be widened to six lanes throughout the study area (tool box). This improvement should be constructed in the short term. In the event that widening highway 99 to six lanes is prohibitive due to physical constraints, the Dartmouth extension could potentially provide needed northeast -to- southwest travel demand. Finding: This is a legislative mandate rather than a quasi-judicial one. However, as part of the redevelopment process, the applicant will provide additional ROW dedication on SW Pacific Highway if required. This policy will be met, if applicable. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV-14 Goal 12.3: Public Transportation Policies 2. The City shall encourage the expansion and use of public transit by: A. Locating land intensive uses in close proximity to transit ways. Finding: The proposed re- zoning of this site will provide a wider range of land uses at higher densities /intensities envisioned in this policy. The proposed re -use of the site for a high school, allowed conditionally only if the site is re- zoned, will greatly increase the utilization of the site and provide additional transit riders among its 400 students and 40 employees. This policy will be met. Goal 12.5: Pedestrian and Bicycle Pathways Policies 1. The City shall locate bicycle /pedestrian corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the city, by developing the pathway system shown on the adopted pedestrian /bikeway plan. Finding: Although this is a legislative mandate, the granting of this request for re- zoning will further the provision of a comprehensive pedestrian and bicycle facilities along this critical transportation corridor by requiring the applicant to make on -site and frontage improvements related to pedestrian and bicycle access as part of the redevelopment process. This policy will be met. Chapter 13: Energy Goal 13.1: Reduce energy consumption. Policies 1. The City shall promote the reduction of energy consumption associated with vehicle miles traveled through: A. Land use patterns that reduce dependency on the automobile. Finding: Up- zoning the subject site to MUE per this request will permit a broader range of land uses at higher densities/intensities as envisioned in this policy than currently allowed in the underlying C -P zone. The proposal to redevelop the site for a 400 - student high school, which is only possible if the re- zoning request is approved, will significantly intensify the use of this significantly under - utilized site. This policy is met. B. Public transit that is reliable, connected, and efficient. Finding: The SW Pacific Highway Corridor already is well - served by transit and will be even better served if the corridor is selected for the extension of LRT. The proposed up- zoning of the site will provide a significant number of potential transit riders to support the maintenance and expansion of transit service. This policy is met. C. Bicycle and pedestrian infrastructure that is safe and well connected. Finding: As a part of the redevelopment process, the applicant will provide the on -site bicycle pedestrian environment needed to support high- capacity transit. This policy is met. 3. The City shall require future development to consider topography, vegetation, and solar access during the design phase to reduce demands for artificial heating, cooling, and lighting. Finding: In this case, the city will have the opportunity to undertake the analysis for this policy in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -15 6. The City shall support energy conservation bv: A. Encouraging designs that incorporate Leadership in Energy and Environmental Design (LEED) or other accepted standards or achieve a minimum certification. Finding: Although it has not decided whether to seek a particular LEED certification level, applicant has directed its design team to incorporate design, building materials and construction practices very similar to those used for LEED - certified educational projects. Such practices are designed to protect site users' health, safety and well - being, and enhance the fundamental teaching and learning capabilities of the school. Planned are strategies that use energy and material resources wisely and protect and preserve the school site environment. Moreover, the applicant wishes to exceed the minimum requirements of the newly- adopted Oregon Energy Code. Further discussion of energy - efficient practices and materials will be contained in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. D. Providing flexibility in the land use process to take advantage of solar radiation. Finding: Given the southern site orientation and site's location on the north side of SW Pacific Highway, the facility currently receives the maximum solar exposure. This important feature will be protected in the ultimate redevelopment of the site as demonstrated in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be met. Recommended Action Measures i. Create a process that requires new development to consider topography, vegetation, and solar access during the design phase. Finding: The city has the opportunity to review the incorporation of these on -site elements to the optimum degree. Efforts to maximize the energy efficiency of the site will be demonstrated in the subsequent concurrent Conditional Use /Site Development Review applications. The proposal is in the spirit of this action measure. Chapter 15 — Special Planning Areas: Downtown. Although it lies outside the boundary for Downtown Tigard, the subject site lies immediately the east across Highway 217 and, therefore, to a degree, the vision for Downtown Tigard provides some guidance for the nearby properties. Goal 15.1: The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enable people to live, work, play, and shop in an environment that is uniquely Tigard. Finding: The site is just to the east of downtown Tigard separated by SW Pacific Highway's intersection with Highway 217. There is no reason that the principles of the downtown vision cannot be extended to immediately adjacent properties outside the official downtown urban renewal boundary. The proposed re- zoning and proposed redevelopment of the site for a 400 - student high school are in keeping with the downtown Tigard vision as articulated in this goal. Compliance with Regional Plans. As noted in Chapter III, the subject site is located on SW Pacific Highway that is designated as a "Corridor" design type on the Metro's 2040 Growth Management Concept Plan Map and "high- capacity transit corridor" in the Regional Transportation Plan (RTP); in fact, the corridor is the next priority corridor for the extension of LRT. According to Chapter 1, Land Use Planning, of the Framework Plan, there are two policies that pertain to the subject site: 1.8.1 Identify and actively address opportunities for and obstacles to the continued development and redevelopment of existing urban land using a combination of regulations and incentives to insure that the prospect of living, working and doing business in those locations remains attractive to a wide range of households and employers. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -16 1.8.2 Encourage, in coordination with affected agencies, the redevelopment and reuse of lands used in the past or already used for commercial or industrial purposes wherever economically- viable and environmentally - sound. Finding: The proposed redevelopment of the site made possible by the requested re- zoning is in keeping with these policies, namely `identify and actively address opportunities for and obstacles to development or redevelopment of urban land" that results in a broad mix of uses (Policy 1.8.1). Moreover, the proposal allows for the re -use of already - developed commercial land, to minimize expansions of the regional UGB (Policy 1.8.2). Compliance with Vision of Metro /City of Tigard High- Capacity Transit Planning. As noted in Chapter 111, SW Pacific Highway is designated as a "high- capacity transit" corridor in Metro's Regional Transportation Plan (RTP); the corridor is now the next priority for the extension LRT. Although detailed transportation and land use planning for the corridor is just getting underway, Metro and Tigard commissioned the development of a vision document by the University of Oregon's School of Architecture, "Pacific Highway to a Sustainable Future: Tigard 99 Corridor Urban Design Vision Executive Summary" (May 2010), proposed recommendations for which provide guidance about development/redevelopment along the corridor. Pertinent recommendations include: 2. LAND USE a. A positive future for the Corridor depends on providing the opportunity for a much wider range of land uses than currently allowed. Therefore, Tigard should amend its Tigard Comprehensive Plan and Zoning Maps to allow a variety of land uses includinq medium and high density housing, employment, commercial, professional services, institutional and civic uses. Finding: The proposed zoning designation, MUE, allows a far greater range of uses by right and conditionally than does the current zoning designation, C -P. If there was not this quasi-judicial request to re -zone the site, the city would eventually have to "up- zone" this site as well as others along the SW Pacific Highway Corridor to comply with this policy. As noted in the Pre - Application Conference notes (Appendix A), the city prefers the use of the MUE zone over other potential options; the selection of the proposed MUE re- designation is discussed in further detail in Chapter 111. The proposed use of the site for a high school also complies as it is an institution, one within the range of uses envisioned for the corridor. Physically, the redevelopment of the site will both intensity its use by doubling the FAR and bring the building closer to SW Pacific Highway, creating a more pedestrian- friendly street frontage. The addition of up to 400 students and 40 faculty /staff will also provide increases in transit ridership. This policy is met. b. Associated with the planning for high capacity transit, Tigard should adopt land use and urban design standards that allow future development to create a variety of high amenity, pedestrian oriented developments, especially associated with the design and designation of high capacity transit station communities. Finding: As noted above, the redevelopment will double the FAR on the site and bring the building in much closer proximity to the Pacific Highway ROW, creating a more pedestrian - friendly street frontage. Although there will no longer be vehicular access from SW Pacific Highway, the existing east roadway will be retained providing access to the sidewalk for pedestrians, transit riders and cyclists. This policy is met. c. Future transportation and land use planning should be focused on creating a unique sense of place, or identity, for the Pacific Highway Corridor. This would include distinct entry points, neighborhood and employment districts, activity nodes at key locations, defined station community districts, interconnected preen networks, etc. Also, even though there are a few churches, private child care and a school along the corridor, there are no civic buildings or larger institutions. Future land use plans and redevelopment efforts should insure that a wide ranqe of civic and institutional uses can locate in the corridor. The future land use pattern of Pacific Highway must respond to a variety of transportation modes beyond the automobile. The automobile will remain an important part of the transportation system, but other modes such as rail, bus transit, walking, and biking must also be considered. This will require a land use pattern of mixed -use development types that are functionally and economically interdependent. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV-I 7 Finding: A 400 - student high school is an example of a `larger institution" contained in this policy statement. Both the proposed physical intensification of the site, doubling the existing FAR, and the operational intensity, bringing up to 440 people to the site daily, are in keeping with this policy. However, most institutions, including schools, are not allowed by the current zoning designation, C -P. As noted above, the city has indicated that if the zoning is changed, it prefers the MUE zoning designation for a number of reasons, as described in greater detail in Chapter Ill. This policy is met. 4. URBAN DESIGN AND ENVIRONMENT a. Corridor businesses and property owners, the City of Tigard, and ODOT should cooperate on a sustained effort to increase the appearance and overall aesthetics of the Pacific Highway Corridor on both public and private properties. This effort can have significant effect, beginning with strategic tree planting and other landscape improvements within street right -of -ways, freeway interchanges, and public easements. Finding: As noted in Chapter Ill, the existing building is archaic and has limited options for re -use. After being vacant for about two years, it is now occupied since 2004 by a church that uses the facility "as is" with primarily weekend activities. As a result, the site is physically and operationally under - utilized and, therefore, not a potentially significant generator of transit trips. WCHS proposes to redevelop the site for a 400 - student high school, which will intensify both the physical site and operations, with the potential of both upgrading the street frontage and providing a pool of transit riders. This policy is met. b. Develop and implement strategies to improve the desiqn quality of new and existing development such as assistance with clean -up, tree planting and landscaping; store front improvements; building and nuisance code enforcement, and land use design standards. Finding: As noted above, the conceptual redevelopment plan features building expansions to the southwest and southeast that will bring the facilities closer to the SW Pacific Highway ROW, thus, improving the street frontage and providing enhanced access for pedestrians, transit riders and cyclists. The redevelopment also will provide the opportunity to enhance landscaping and stormwater treatment/disposal. In Tigard, the Site Development Review, which in this case will be undertaken concurrently with the Conditional Review, provides a platform for evaluating design as well as function. This policy is met. Statewide Planning Goals. Because involves a quasi-judicial Comprehensive Plan Map modification, State statute requires the applicant to demonstrate compliance with all of the applicable Statewide Planning Goals, which in this case, are Goals 1 — 14. Goal 1: Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Finding: In quasi - judicial land use cases, the City of Tigard requires the applicant call a special meeting of property - owners within 500' prior to the submission of an application to present the proposed project and seek feedback, presumably to ensure the resulting application addresses any questions or concerns raised by neighbors. In addition, the city has incorporated notice requirements to comply with State statute. In this case, neighbors within 500' are notified of the date, time and location of the public hearing(s) and provided a chance to respond with questions and concerns by e-mail, letter and /or oral testimony. Neighbors who officially respond to the notice then become parties of standing and are notified of the decision so that they can exercise their rights to appeal. In this case, the required neighborhood meeting was held on 2/7/11. This goal is met. Goal 2: Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. Finding: The city has complied with the goal by adopting its Comprehensive Plan, Development Code and Zoning Map, which it periodically updates through a combination of legislative and quasi-judicial modifications. In this quasi-judicial request, the applicant is demonstrating compliance with the Comprehensive Plan and Development Code by means of this application, especially Chapter 2, Land Use Planning, of the Comprehensive Plan, which the city adopted specifically to respond to this goal. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -I8 Goal 3: Agricultural Lands. To preserve and maintain agricultural lands. Finding: This goal does not apply as the subject site already is located within the regional UGB, and as such is designated for urban development. Goal 4: Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Finding: This goal does not apply as the subject site already is located within the regional UGB, and as such is designated for urban development. Goal 5: Natural Resources. Scenic and Historic Areas and Open Spaces. To protect natural resources and conserve scenic and historic areas and open spaces. Finding: This goad does not apply as the subject property has no scenic, historic, natural resource or open space overlay designations. Goal 6: Air, Water and Land Resources. To maintain and improve the quality of the air, water and land resources of the state. Finding: Infill /redevelopment ("refill") is seen as one of the best ways to use existing urban land more efficiently, as it reduces the need to expand the regional UGB. Mixed - use at increasing densities /intensities also use existing infrastructure such as water, sanitary sewer, stormwater disposal and police /fire services, to the degree there is remaining capacity, more efficiently and, thus, reduce the need to extend infrastructure in `green field" sites either already within the regional UGB or immediately outside. Thus, up- zoning the site from C -P to MUE, maintains and improves air, water and land resources of the state by allowing a wider range of uses — including the proposed 400 - student high school — at higher densities /intensities than the existing zoning designation. This goal is met. Goal 7: Areas Subject to Natural Hazards. To protect people and property from natural hazards. Finding: This goal does not apply as the subject site has no natural hazard overlays. Goal 8: Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Finding: If the re- zoning request is approved and the proposed project moves forward, the northern portion of the site will be improved to contain a soccer field and tennis courts to accommodate the recreational and physical education needs of students at WCHS. This goal is met. Goal 9: Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Finding: As noted in Chapter III, the site once accommodated a GM automotive training center that resulted in a facility that is highly individualized in design and not readily amenable to re -use. Currently, City Bible Church is housed there using the facilities "as is" but only primarily on weekends. By re- zoning the site, the city will permit WCHS high school to renovate extensively and expand the existing building stock, doubling the FAR; create a much more transit- and pedestrian - friendly street frontage on SW Pacific Highway, a designated High- Capacity Transit Corridor and next priority for expansion of LRT; re- utilize the site during the work week rather than just on weekends; and serve 400 students and 40 faculty /staff who can patronize nearby businesses and ride transit. Moreover, up to 40 jobs associated with the school are family- waged, professional positions for the most part. By demonstrating compliance with Chapter 9, Economic Development, of the Tigard Comprehensive Plan, the applicant demonstrates compliance with this goal. Goal 10: Housing. To provide for the housing needs of citizens of the state. Finding: Currently, housing is not an allowed use in the C -P zone. However, the proposed MUE zone allows housing up to 25 units /acre, similar to the large apartment complex to the west that is zoned R -25. Up- zoning the site to a zoning designation with a broader range of uses at greater intensity /density is in keeping with this goal, although the stated purpose is to provide a site for the relocation for WCHS, the likely use for the foreseeable future. In the unlikely event that the school closes or relocates, the site could be used for high- density housing by right. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification IV -19 Goal 11: Public Facilities. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Finding: There is a full complement of public services and facilities available to the site. The exact sizing and location of on -site water, sanitary sewer and stormwater disposal facilities will be determined once detailed design of the project is undertaken, which not occur until the proposed zone change is approved. This detailed infrastructure analysis and resulting plan will be prepared by the applicant's civil engineer and incorporated into the subsequent concurrent Type 111 Conditional Use/Type 11 Site Development Review applications. This goal is met. Goal 12: Transportation. To provide and encourage a safe, convenient and economic transportation system. Finding: In recognition of its regional importance, SW Pacific Highway has been designated as a High- Capacity Transit Corridor in the Metro Regional Transportation Plan (RTP) and has been identified as the next priority for the extension of the region's LRT system. Given all of the demands on the nearby roadway system, it is recognized by the city, Metro and the Oregon Department of Transportation (ODOT) that a significant shift from automobile travel to alternative modes is necessary if the corridor's capacity is to used efficiently. Even as planning for the LRT begins, it is incumbent upon the City of Tigard to begin up- zoning adjacent properties both legislatively and, when the opportunity presents itself, quasi judicially to permit redevelopment into a broader mix of uses at transit - supportive densities. The proposed high school, which is only feasible if this re- zoning request is approved, will increase the intensity of use both physically, by doubling the existing FAR, and temporally by provided activity throughout the week. The up to 400 students and 40 faculty /staff also provide a large pool of potential transit riders. This goal is met. Goal 13: Energy Conservation. To conserve energy. Finding: Re -using existing building stock conserves energy because it is not necessary to expend energy either to demolish the existing building and transport debris to a remote landfill or to manufacture new building materials and transport these to the site. At the same time, the renovation /expansion of the existing building permits the facility to be brought up to code for current design /development, stormwater disposal, health /life safety, energy efficiency and seismic regulations. This goal is met. Goal 14: Urbanization. To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to insure efficient use of land, and to provide for livable communities. Finding: Because the proposed up- zoning will permit the re -use and intensification of the subject site, it is in keeping with this goal since the site already is located within the regional UGB. Applicable Provisions of Development Code. As noted throughout this application, this request for a Comprehensive Plan/Zoning Map Amendment is being undertaken to change the range of allowed /conditional uses so that the site can be productively re -used at a density /intensity envisioned in policy documents related to SW Pacific Highway's designation as a High- Capacity Transit Corridor. Assuming that this application is approved, the applicant will prepare a detailed site plan that will comply with all applicable provisions of the Development Code unless Variances/ Adjustments are sought. This will be accomplished through the subsequent concurrent Type III Conditional Use /Site Development Review applications. This provision will be met prior to construction of the proposed project. Impact Analysis. As noted earlier in this application, there are a full complement of public services and facilities — including water, sanitary sewer, stormwater disposal, and police and/fire services — to serve the proposed use. Assuming that this application is approved, the applicant will prepare a detailed site plan that will include a detailed analysis of infrastructure capacity and design of on -site facilities that meet all applicable city, regional and state -wide requirements. This will be accomplished through the subsequent concurrent Type III Conditional Use /Site Development Review applications. This provision will be met prior to construction of the proposed project. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change: Legal Justification W-20 APPENDIX A PRE - APPLICATION CONFERENCE NOTES APPENDIX A PRE- APPLICATION NOTES FOR COMPREHENSIVE PLAN & ZONING MAP AMENDMENT OR TEXT AMENDMENT November 9, 2010 STAFF PRESENT: Gary Pagenstecher, Gus Duenas APPLICANT: Andy Sears (Westside Christian High School), Beverly Bookin (1'BG) PROPERTY LOCATION: 8200 SW Pfaffle Street (City Bible Church) TAX MAP/ LOT #'s: 1S136CC00100 PROPOSAL DESCRIPTION: The applicant prefers a text amendment adding "schools" as a permitted or conditional use in the C -P zone. Alternatively, at the City's suggestion, the applicant anticipates a Comprehensive Plan Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications of the subject 7.44 -acre site from Professional /Administrative Commercial (C -P) to either Mixed Use Residential (MUR 1 or 2), Mixed Use Employment (MUE1 or 2), or Residential (R- 25). COMP PLAN DESIGNATIONS: Professional /Administrative Commercial ZONING: C -P NEIGHBORHOOD MEETING A neighborhood meeting is required for a quasi - judicial comp plan and zoning map amendment. NARRATIVE Include a narrative that responds to the applicable review criteria. Provide background and findings of fact as to why the comprehensive plan amendment and zoning map amendment are necessary, or what public benefit is being promoted. Note: The list of specific goals and standards below is intended to provide guidance in preparation of your application, and that additional criteria may be identified dependant upon the nature of the specific application, or as other issues are raised. This is not an exhaustive list of all criteria. It is the applicant's responsibility to ensure that all applicable standards are met. APPLICABLE CRITERIA Standards for making quasi - judicial decisions apply to the proposed zoning map amendment. A recommendation to approve, approve with conditions or to deny an application for a quasi - judicial amendment shall be based on all of the following standards: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations (e.g. Goal #2, Land Use Planning Goal #9, Economic Development; Goal #10 Housing; Goal #12, Transportation). 2. Demonstration of compliance with all applicable standards of any provision of the Tigard Development Code or other applicable implementing ordinance (including but not limited to 18.380.020 Zoning Map and Text Amendments, 18.390.050 /.060 Decision Making Procedures); and 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. In addition, the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. APPLICATION REQUIREMENTS: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre- stamped, pre - addressed envelopes for all persons who are property owners of record as specified in Section 18.390.050C. e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. f. Be accompanied by 18 copies of the narrative. PROCESS 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 application on the record as provided by Section 18.390, as a Type IV review. DECISION The decision timeline is generally about 4 months from receipt of a complete application. The 120 -day rule is not applicable to legislative changes. COMMENTS With respect to the applicant's preference for a text amendment to allow schools in the C -P zone, the Planning Director has determined that text amendments, as a Type IV Legislative procedure will not be processed for quasi - judicial actions and should not be initiated by the public but reserved for City initiation. 2 The applicant requested guidance on which zone the City would support to accommodate schools at the subject location. The City would support the MUE zone for the site for the following reasons: 1) the zone allows schools as a conditional use, 2) the zone continues to allow religious institutions outright, 3) the zone allows residential use with a maximum density of 25 units /acre, consistent with the adjacent R -25 zone, 4) the zone allows for a greater mix of uses than C -P, consistent with Pacific Hwy High Capacity Transit Corridor Planning, and 5) the code anticipates application of the zone elsewhere in the city through the legislative process. 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",;- P . sO I so ...r ....f, .."rs '' -- •• . r l--:-. , .. • PLOT DATE: May 12, 2010 22 I C 7- ''''''''',-'' ..._.- • . • .• . • . . . ONLY - DO NOT RELY ON 23 I I' FOR OTHER USE MALT 'A' I / ''..,,. 7 ..: 7 ;•• 777: :'' :-.. 4 :: flir4i■;,:, s s c s ts:' a' , . .., -. i \A .:,'- I.N. N N '' -I. /II. " " '' I' :%... := 0 " N .., 4 -,..:,,:,,:,...,.:,::., 0 I , :-.. '''ite, ."'-- '-'''. r2> - . " • ''.- ," %„ , ' 41, ./ ':".. . - '44 .•" - !ri;-. -, -.., :.: „ := : r - ...-30: ... v-t.. „...-1 -. - ....: .1--, ,-....,, ‘9,.. -„, ..-% -,.:!..:i.::. , :„.. -- 1510035 1 S 1 35AC 15 1 35AC 515 1 APPENDIX C TRANSPORTATION PLANNING RULE ANALYSIS j0 11 o PROpp c3 NE % o 54983PE February 10, 2011 OREGON I ty ic 0 LANCASTER AELT•p'O ENGINEERING Karl Sonnenberg, Board Member EXPIRES: 12131/ ji 321 SW 4th Ave., Suite 400 Westside Christian High School Portland, OR 97204 4565 Carman Drive phone: ax: 503.248.92 fax: 503.248.9251 1 Lake Oswego, OR 97035 lancasterengineering.com RE: Tigard Site Zone Change: Transportation Planning Rule Analysis Dear Karl, This letter is intended to describe the potential traffic impacts of a proposed rezone in Tigard, Oregon. The site is located at 8200 SW Pfaffle Street, in the northeast quadrant of the Highway 217 interchange with Highway 99W and consists of 7.44 acres zoned C -P (Professional/Administrative Commercial). Under the proposed zone change, the property would be rezoned to MUE (Mixed -Use Employment). This analysis will determine the difference in site trips that could be associated with the proposed zone change. It will also address the Transportation Planning Rule (TPR) as it relates to the proposed zone change. The primary references for this letter are the ITE Trip, Generation Manual, the City of Tigard's Development Code, the City of Tigard's Transportation System Plan, and the TPR as established by the Oregon Administrative Rules (OAR) 660- 012 -0060. Trip Generation In order to determine the difference in site trips that could be associated with the proposed zone change, an analysis was undertaken of the maximum - density development that could reasonably be achieved on the subject property under the proposed MUE zoning designation. This level of development was compared to the level of development permitted under the existing site C -P zoning. Under the existing C -P zoning, the "reasonable worst case" development permitted on the subject property per the City of Tigard's Development Code would consist of a two -story medical - dental office building. It is reasonable to think that the site could be developed with 25 percent lot coverage, resulting in a gross floor area of 162,000 square feet. Under the proposed MUE zoning, the "reasonable worst case" development would also consist of a two -story medical- dental office building, however the maximum floor area ratio is limited to 0.40, resulting in an allowable gross floor area of 129,000 square feet. To estimate the difference in site trips that could be generated under the existing and proposed zoning designations, trip rates from the manual TRIP GENERATION, Eighth Edition, published by the Karl Sonnenberg February 10, 2011 Page 2 of 4 Institute of Transportation Engineers (ITE), were used. The trip rates used were from land -use code 720, Medical Dental Office Building, and are based on the gross floor area. It is estimated that the decrease in allowable density associated with the proposed zone change would result in a net decrease of 76 trips during the morning peak hour and 115 trips during the evening peak hour. A summary of the trip generation calculations is shown in the following table. Detailed trip generation calculations are included in the technical appendix attached to this letter. TRIP GENERATION SUMMARY 8200 SW Pfaffle Street Rezone AM Peak Hour PM Peak Hour sf In I Out I Total In I Out I Total Existing (C -P) Zoning 162 294 79 373 151 410 561 Proposed (MUE) Zoning 129 234 63 297 121 325 446 Net Decrease in Site Trips 60 16 76 30 85 115 Transportation Planning Rule The primary test of the TPR is to determine if an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation will "significantly affect" an existing or planned transportation facility. The definition of significant affect is addressed in the following sections of this letter. OAR 660- 012 -0060 (1) Where 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 ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); The proposed zone change will not change the functional classification of any existing or planned transportation facilities. (b) Change standards implementing a functional classification system; or The proposed zone change will not change the standards underlying the City's functional classification system. Karl Sonnenberg February 10, 2011 Page 3 of 4 (c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; The property at 8200 SW Pfaffle Street will take access exclusively via SW Pfaffle Street, since direct access to Highway 99W is restricted. SW Pfaffle Street is classified by the City of Tigard as a Collector. According to the City of Tigard's Transportation System Plan, "Collector Streets provide both access and circulation within and between residential and commercial /industrial areas. Collectors differ from arterials in that they provide more of a citywide circulation function, do not require as extensive control of access (compared to arterials) and penetrate residential neighborhoods, distributing trips from the neighborhood and local street system." Based on this description, SW Pfaffle Street is functioning as intended. Since the proposed zone change will not result in an increase in site trips on the subject property, the proposed rezone will not require reclassification of SW Pfaffle Street or any other roadways in the site vicinity. (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen 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. As demonstrated in the trip generation analysis, the proposed rezone would result in a reduction in site trips when compared to existing allowed uses on the subject property. Therefore, development of the subject property with uses allowed under the proposed MUE zoning cannot reduce or worsen the performance of any existing or planned transportation facilities. Since the likely use of the subject property is not an outright permitted use, it is appropriate to establish a maximum level of development permissible on the subject property in order to ensure that the future conditional -use development will also not reduce or worsen the performance of any existing or planned transportation facilities. Accordingly, it is proposed that a trip cap be established on the subject property at the level permitted under the existing C -P zoning. The trip cap should allow a maximum of 373 site trips during the morning peak hour and 561 site trips during the evening peak hour. Karl Sonnenberg February 10, 2011 Page 4 of 4 Conclusions The proposed zone change is projected to result in a net decrease in site trips when compared to allowed uses under the existing zoning. As such, the zone change will not have a significant affect on the transportation system as defined under Oregon's Transportation Planning Rule. In order to ensure that future potential development with a conditionally- permitted private school would also not result in a significant affect as defined under Oregon's Transportation Planning Rule, a trip cap is proposed for the subject property. The trip cap should limit any future use of the site to a maximum of 373 site trips during the morning peak hour and 561 site trips during the evening peak hour. If you have any questions regarding this analysis, please do not hesitate to call. Yours truly, Michael Ard, PE Senior Transportation Engineer APPENDIX TRIP GENERATION CALCULATIONS Land Use: Medical - Dental Office Building Land Use Code: 720 Variable: 1,000 Sq Ft Gross Floor Area Variable Quantity: 162.0 AM PEAK HOUR PM PEAK HOUR Trip Rate: 2.30 Trip Rate: 3.46 Enter Exit Total Enter Exit Total Directional 79 % 21 % Directional 27% 73 % Distribution Distribution Trip Ends 294 79 373 Trip Ends WEEKDAY SATURDAY Trip Rate: 36.13 Trip Rate: 8.96 Enter Exit Total Enter Exit Total Directional 50% 50% Directional 50% 50% Distribution Distribution ,T A 1 Trip Ends 2,927 2,927 5 Trip Ends 726 726 1 Source: TRIP GENERATION, Eighth Edition TRIP GENERATION CALCULATIONS Land Use: Medical - Dental Office Building Land Use Code: 720 Variable: 1,000 Sq Ft Gross Floor Area Variable Quantity: 129.0 AM PEAK HOUR PM PEAK HOUR Trip Rate: 2.30 Trip Rate: 3.46 Enter Exit Total Enter Exit Total Directional 79% 21% Directional 27% 73% Distribution Distribution � �N� 0 E M� s j w i t F€ a @ � 't Trip Ends i '' ¢� � �; I Trip Ends 121 325 WEEKDAY SATURDAY Trip Rate: 36.13 Trip Rate: 8.96 Enter Exit Total Enter Exit Total Directional Directional Distribution 50% 50% Distribution 50% 50 ii . f d Trip Ends 2,330 2,3»3 ,66* Trip Ends 578 578 *:#1 ra !na .'stt s dP:� „w i Source TRIP GENERATION, Eighth Edition AGENDA ITEM No. 5 Date: June 14, 2011 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: QUASI-JUDICIAL PUBLIC HEARING WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT (CPA) 2011 -00001 AND ZONE CHANGE (ZON) 2011 -00001 REQUEST: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for a single 7.44 -acre lot from Professional /Administrative Commercial (C -P) to Mixed -Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. LOCATION: The property is located at 8200 SW Pfaffle Street. The site is bounded by SW Pfaffle on the north, Hwy. 217 on the west, and Pacific Hwy. on the south; Washington County Tax Assessor's Map 1S136CC, Tax Lot 100. ZONE: C - P: Professional /Administrative Commercial District. The C -P zoning district is designed to accommodate civic and business /professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units /net acre, i.e., equivalent to the R -40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C -P zoning district are intended to serve as a buffer between residential areas and more - intensive commercial and industrial areas. MUE: Mixed - Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units /acre, equivalent to the R -25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intradistrict pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. COMPREHENSIVE PLAN DESIGNATION: Professional /Administrative Commercial to Mixed -Use Employment. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Goals: 1, Citizen Involvement; 2, Land Use Planning; 9, Economic Development; 10, Housing; 11, Public Facilities and Services; 12, Transportation; 13, Energy Conservation; Same Statewide Planning Goals; Oregon State Transportation Planning Rule (1PR); and the Metro Regional Transportation Plan (RTP). Due to Time Constraints City Council May Impose A Five - minute Time Limit on Testimony I /ADM /Cathy /CCSignup /QJPH110614 AGENDA ITEM No. 5 Date: June 14, 2011 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. e, hone No. Name, Address & Phone No. 4 /cp wtt wrgit)the soo ,/ 476 lr z.5 Name, Address & Phone No. Name, Ad s & Phone No. Name, Address & Phone No. Name, Address & Phh Name, Address & Phone No. Name, Address & Phone No. / / P e 01Z x 7-2°1- f 2 .9313 Na dr "ess & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. -3 ne a i n (fin com Yvuurr‘,4 calusYvA , El le Pa (<0_)2 a_4510-e_hod) i ' NDA ITEM NO. 2 - D CITIZEN COMMUNICATION DATE: June 14, 2011 ted to 2 minutes or less, please) i he Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve our concerns through staff. T his is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF P ease Print CONTACTED Name:. V' r kAS 4' ---? 1 Also, please spell y.: ` . s it sounds, if it will u help the presiding officer pro ' . i ,-.111 6.•->•-• Vvej�c'l Address 0 e o _ "-'! I' • City ,.--:-:" _ _ 0(L- 'L, Ty State 6 \L Zip e l- -3 Phone No. S )3 ` L,. - S3 -1 4:43 Name: r i C C O ' €1 N Also, please spell your name as it sounds, if it will (4L W (Ce_ CA- C.),\t) tz- help the presiding officer ronounce:, Or.r∎s ' " \\.S • E \ \ er∎ `etc -Nm1. or, -- F et-e- ST- Address B aa's -i.z 2 & C � (V-41 &: 'C c Pr., L) City ` \ ` eP-r Q �t k-;. 2s State () (L Zip CIS- ZZ Phone No. i 3 38O 1O9 Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: 49 n Address MD 5 City 1 State Zip Phone No. hi fri a* i i Da v1d Pev'•e (k-- I _ ,` S0.ryn a _dbk.() S FoS -, , CITIZEN COMMUNICATION AIS -494 Item #: 6. Business Meeting Date: 06/14/2011 Length (in minutes): 10 Minutes Agenda Title: FY 2010 -11 Supplemental Budget Amendment Prepared For: Toby LaFrance Submitted By: Carissa Collins Financial and Information Services Item Type: Resolution Meeting Type: Council Business Public Hearing - Legislative Meeting - Main ISSUE Since the adoption of the FY 2011 Budget, there is a need to bring forth a supplemental budget amendment to City Council in order to address budget items that were unknown at the time that the budget was adopted. The following issues are addressed in the amendment: 1. Recognition of $17 million parks bond proceeds 2. Street Maintenance & Gas Tax Funds 3. Water Capital Improvement Program 4. General Obligation Debt Service Fund 5. Professional /Contractual Service 6. Transfer from Water Fund 7. Recognition of Grants & Intergovernmental Revenues 8. The Knoll at Tigard 9. Water Building Lease Payment STAFF RECOMMENDATION / ACTION REQUEST Approve the FY 2011 Supplemental Budget Amendment. KEY FACTS AND INFORMATION SUMMARY The following is a list of items that require action by council for the FY 2011 Adopted Budget. The first four items were included in the FY 2011 Third Quarter Financial Report presented to the Budget Committee on April 25, 2011. Item numbers five and six were verbally presented as known items at the time the report was provided. Also at that time, staff informed the Budget Committee that there may be additional issues that could be included in a year end supplemental, these are reflected in item numbers seven through nine. The items included in this requested supplemental are: 1. Recognition of $17 million parks bond proceeds - Voters approved the parks bond in November 2010. While it is not required to appropriate bond proceeds in the year they are received, it is preferable to appropriate these funds to present an accurate accounting in the city's financial records. 2. Street Maintenance & Gas Tax Funds - Most of the expenses for the Street Maintenance Fund occur in the first quarter of the fiscal year. However, the revenues are collected throughout the year. As a result, the Street Maintenance Fund does not have sufficient beginning fund balance to cover the costs from the work completed in the first quarter. In FY 2011, this problem was solved by transfer of $200,000 from the Gas Tax Fund with a reciprocal transfer back when there was enough cash in the Street Maintenance Fund to pay back the Gas Tax Fund. These transfers corrected the cash flow issue. This budget amendment will amend the budget to reflect the action taken when the cash flow correction was made. 3. Water Capital Improvement Program - The FY 2011 has $9,562,003 in improvements for the Water CIP. All transfers and other resources necessary to support the Water CIP Fund are adopted; however, due to a scrivener's error, only $7,143,043 in CIP expenses were appropriated. This supplemental request will correct the budget and appropriate the intended amount of $9,562,003 enabling the city to pay for projects such as the Water Mainline Oversizing project, the Water SDC Update, and the Lake Oswego /Tigard Water Partnership. 4. General Obligation Debt Service Fund - The Library GO Bond was refinanced in January. Due to the costs associated with refinancing, expenditures exceed budget. Additionally, the structure of the refinance added revenues within the fund. The additional revenues and a higher than budgeted beginning fund balance offset the additional costs associated with the refinance. Action is required to correct the budget in this fund. 5. Professional /Contractual Service - Additional budget appropriation is required due to increased labor attorney costs and city manager recruitment expenses for Human Resources. 6. Transfer from Water Fund - Additional funding is needed in Utility Billing due to increased costs in printing, mailing, and meter reading resulting from the switch to monthly billing. 7. Recognition of Grants & Intergovernmental Revenues - Receipt of grant and intergovernmental revenues not included in the FY 2011 budget and awarded since the last supplemental in September 2010 for expenses in Public Works and Police. 8. The Knoll at Tigard - The city is the administrator for the Community Development Block Grant (CDBG) that funds this project managed by Community Partners for Affordable Housing (CPAH). As such, this amendment will recognize total expenses and revenues associated with passing through the grant revenues for this project. 9. Water Building Lease Payment - In August 2007, an intergovernmental agreement was established between the Intergovernmental Water Board and the City of Tigard to lease the Water Building which houses some of the Public Works staff. The budgeted payment from the Water Fund is correct; however, due to changes in staff occupying the building the allocation of the payment across funds needs to be corrected. The funds impacted are: General Fund, Gas Tax Fund, Sanitary Sewer Fund, and Stormwater Fund. Both General Fund and Gas Tax Fund have fewer staff in the building and the revised allocation will save money in these two funds. Costs in Sewer and Stormwater funds will increase. OTHER ALTERNATIVES Do not approve the supplemental budget amendment. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 3. Complete Plans for Parkland Acquisition 5. Continue Coordination with Lake Oswego on Water Partnership. 6. Financial Stability DATES OF PREVIOUS COUNCIL CONSIDERATION During the Budget Committee meeting on April 25, 2011 staff informed Council that this request would be brought to Council and specifically addressed the first four items in the FY 2011 Third Quarter Report provided to the Budget Committee. Fiscal Impact Cost: 35,314,130 Budgeted (yes or no): No Where Budgeted (department /program): Various Additional Fiscal Notes: The total impact of this action will increase the FY 2011 Adopted Budget by $35314,130 with a supporting amount of additional resources to maintain a balanced budget. The vast majority of the increase is due to the Parks Bond. The proceeds are first recognized in the Parks Bond Fund and are then transfered to the Parks CIP Fund to pay for land aquisitions and parks improvements. Due to the nature of multi -fund budgeting, the $17,000,000 is recognized and appropriated in both funds, accounting for $34,000,000 of the total budgetary increase. Attachment A has the details; however, a summary for each impacted fund is provided below: Fund Budget Impact Source Parks Bond Fund 17,000,000 Bond Proceeds Parks CIP Fund 17,000,000 Transfer from Parks Bond Fund Gas Tax Fund 659,769 Grant and Transfer from Street Maintenance Fee Fund GO Debt Service Fund 250,175 Increase in Beginning Fund Balance and proceeds from Library Bond Refinance Street Maintenance Fee 200,000 Transfer from Gas Tax Fund Fund Central Service Fund 108,000 Transfer from Water Fund General Fund 96,186 Grant revenues Total 35,314,130 Attachments Resolution Supplemental Exhibit A AGENDA ITEM No. 6 June 14, 2011 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING: CONSIDER FY 2010 -11 SUPPLEMENTAL BUDGET AMENDMENT TO RECOGNIZE $17 MILLION PARKS BOND PROCEEDS; ADDRESS CORRECTION TO STREET MAINTENANCE AND GAS TAX FUNDS; CORRECT WATER CAPITAL IMPROVEMENT PROGRAM; CORRECT GENERAL OBLIGATION DEBT SERVICE FUND; INCREASE PROFESSIONAL /CONTRACTUAL SERVICE; INCREASE TRANSFER FROM WATER FUND; RECOGNIZE GRANTS AND INTERGOVERNMENTAL REVENUES; RECOGNIZE TOTAL EXPENSES AND REVENUES ASSOCIATED WITH GRANT REVENUES FOR KNOLL AT TIGARD; AND CORRECT WATER BUILDING LEASE PAYMENT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints There is a Five - minute Time Limit on Testimony I /Adm /Cathy /CCSignup /Leg. PH /Supplemental Budget Appropriation AGENDA ITEM No. 6 June 14, 2011 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. \(:\ 11 ) cf 2 -- Name, Address & Phone ›lef: Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AIS -462 Item #: 7. Business Meeting Date: 06/14/2011 Length (in minutes): 5 Minutes Agenda Title: Resolution Certifying that the City of Tigard Provides Services Qualifying for State Shared Revenues Prepared For: Toby LaFrance Submitted By: Liz Lutz Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE Shall the City Council approve a resolution certifying that the City of Tigard provides certain services making the City eligible to receive state shared revenues? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The City has estimated the receipt of the following state shared revenues: FY 2010 -11 FY 2011 -12 Cigarette Tax 63,596 62,960 Liquor Tax 664,400 684,332 State Gas Tax 2,394,898 2,766,107 The State of Oregon requires the City to certify its eligibility to receive these revenues by stating that it provides more than four of the services listed in ORS 221.760. The city does provide six of the seven required services and is therefore eligible for receiving the state shared revenues. The services the city provides include police services; street construction, maintenance, and lighting; sanitary sewer and storm water management; planning, zoning, and subdivision control; and water utility. Approval of the attached resolution will meet the State of Oregon requirement of certification. OTHER ALTERNATIVES Do not accept the revenues from the State of Oregon. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Acceptance of these revenues will assist in the funding of city goals and strategies. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: NA Budgeted (yes or no): Yes Where Budgeted (department /program): General Fund & Gas Tax Fund Additional Fiscal Notes: These are regularly budgeted, anticipated revenues. The amounts for 2012 are forecasted based on information from the League of Oregon Cities. Cigarette and Liquor taxes are in the General Fund and the State Gas Tax is the primary revenue for the Gas Tax Fund. Attachments Qualifying for State Shared Revenues f AGENDA ITEM No. 7 Date: June 14, 2011 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES Due to Time Constraints City Council May Impose A Five - minute Time Limit on Testimony AGENDA ITEM No. 7 Date: June 14, 2011 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 4 (:) Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AIS -461 Item #: 8. Business Meeting Date: 06/14/2011 Length (in minutes): 5 Minutes Agenda Title: Resolution Declaring the City's Election to Receive State Revenue Sharing Prepared For: Toby LaFrance Submitted By: Liz Lutz Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE Should the City of Tigard elect to receive State Revenues as outlined in ORS 221.770, State Revenue Sharing Law? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adopting this resolution. KEY FACTS AND INFORMATION SUMMARY State Revenue Sharing Law, ORS 221.770, requires cities to annually pass an ordinance or resolution to request state revenue sharing money. The Law also requires public hearings be held by the city and certification of these hearings is also required. In order to receive state revenue sharing in FY 2011 -2012, the city must levy property taxes in the preceding year, which the city has done. The city estimates the receipt of $414,000 of state revenue sharing funds in the FY 2011 -12 budget. OTHER ALTERNATIVES Do not pass resolution. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Acceptance of this revenue will assist in the funding of city goals and strategies. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: NA Budgeted (yes or no): Yes Where Budgeted (department/program): General Fund Additional Fiscal Notes: Approval of this resolution would secure $414,000 of revenue for the General Fund. Attachments Resolution for State Revenue Sharing AGENDA ITEM No. 8 Date: June 14, 2011 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Due to Time Constraints City Council May Impose A Five - minute Time Limit on Testimony AGENDA ITEM No. 8 Date: June 14, 2011 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone -citf\-,' ' Name, Address & Phone No. ° x I l Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AIS -460 Item #: 9. Business Meeting Date: 06/14/2011 Length (in minutes): 5 Minutes Agenda Title: Resolution Adopting the Citywide Master Fees and Charges Schedule, Which Replaces Resolution 10 -30 and All Subsequent Amendments to Date Prepared For: Toby LaFrance Submitted By: Liz Lutz Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE As part of the annual budget process, the City Council has the opportunity to adjust fees and charges related to city services. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council adopt the resolution to adopt the Fees and Charges Schedule for FY 2011 -12. KEY FACTS AND INFORMATION SUMMARY Every fiscal year, a revised Master Fees & Charges Schedule is submitted to Council for approval along with the citywide operating budget. The attached schedule includes fee updates for the following departments: Library, Police, Policy and Administration, Community Development and Public Works. Included in the schedule are phased -in fees such as water, and street maintenance. These phased in fees have already been approved by City Council and are included in the FY 2012 Approved Budget. A Study Session was held on May 24, 2011 to discuss all the changes in the Master Fees and Charges. The Master Fees and Charges Schedule is attached. Also attached is the Fee Change Summary that includes a description of the change and the authority that constitutes the basis of the proposed fee changes. Some of the proposed updates that are outlined and detailed in the attached Fee Change Summary include the following: 1. Fees that are adjusted annually based on cost indices for labor and construction. One example is Planning Fees with annual changes authorized in Resolution #03 -59 based on the Seattle Construction Cost Index (CCI), which is 0.9% as of May 2011. 2. Fees established by Washington County or Clean Water Services (CWS) and fees administered by the city including the Transportation Development Tax (TDT), Traffic Impact Fee (TIF) or sanitary sewer and storm water charges. Any fee change that is based on prior Council action, such as phase -in increases, or changes based on economic indicies that have been approved by prior Council action, have been included in the Approved FY 2012 Budget. Any new fee that has not come to Council for consideration have not been included in the Approved FY 2012 Budget. OTHER ALTERNATIVES Alter only those fees that are set by other agencies or are adjusted annually using an already approved formula. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The fees and charges help fund several Council Goals. • The Parks System Development Charges (SDC's) will help Tigard complete plans for parkland acquisition. • The Water fees, charges, and SDC's will enable our continued coordination with Lake Oswego on the Water Partnership • Several fees and charges, including franchise fees, land use fees and business license are key to the funding of the General Fund and achieving the Council Goal of Financial Stability DATES OF PREVIOUS COUNCIL CONSIDERATION A Study Session to review the proposed changes for FY 2012 was conducted on May 24, 2011. Council Adopted the FY 2011 Master Fees and Charges with the Adopted FY 2011 Budget on June 8, 2010 and most recently amended the fee schedule on December 28, 2010. Fiscal Impact Cost: NA Budgeted (yes or no): Yes Where Budgeted (department/program): All Departments Additional Fiscal Notes: It is standard practice to include fee changes that are based on prior Council decision in the Approved Budget. These fee increases and the additional revenues they will generate are included in the Approved Budget for Fiscal Year 2012. On the attached Fee Changes Summary, these fees are denoted with a "Y" in the right column titled "Included in Budget? (Y/N) ". Similarly, fee changes that have not come before Council for prior decisions have not been included in the revenues supporting the Approved Budget for FY 2012. On the attached Fee Changes Summary, these fees are denoted with a "N" in the right column titled "Included in Budget? (Y/N) ". The revenue impact for all fees and charges that have not come to Council previously will generate less than $10,000 in revenue for the city and have not been anticipated as part of the Approved FY 2012 Budget. Attachments Master Fees and Charges Resolution Fees & Charges Change Summary Fees & Charges Schedule FY 2012 Proposed Master Fees & Charges Summary of Changes Report Exhibit B Included Schedule in Budget? P e(s) (YIN) City Management Claims Application Fee 2 Language revised to provide clarity for processing a claim. TMC 1.21.050 & TMC 1.22 Ord. 08-09 City Management Fees /Charges Effective Date 2 Since the last update of the fees and charges schedule, the Dept. Policy n effective dates have been revised to correct the Scribner s error. Citywide 2GB Flash Drives 3 New fee implemented in order to recover Dept. Policy ti city costs for public requests for records. Flash drives hold more information than traditional CD's. Microprints ; Microprints have been replaced by microfiche and Dept. Policy microfilm. Therefore, this fee has been eliminated. Financial & Information Service Business License (Annual Fee) 4 Fee adopted by council and adjusted annually Ord. 88-13 l' in conjunction with the Portland Consumer Price Index (CPI) at 1.25° Library Public Copier and Printer Charges (color pages) 6 New fee implemented in order to recover Dept. Policy N city costs for printing in color. Community Development Plan ning Fe /Charges 1 ? -21 Adjustment tied to Seattle Construction Cost Index (CCI) Res. 03 -59 which is 0.9° as of May 2011. Colocation (of Wireless Communication Facilites) 17 Although applications have been received, due to oversight, TMC 18.798 N fees has not been charged for this service. GIS Maps 21 Last fee was reviewed in 2002. Fees Dept. Policy N adjusted in order to recover printing costs. Tigard Transportation System Plan Document 22 Fee increased to reflect city cost to reproduce Dept. Policy N a bound color paper copy of the document Fee in Lieu of Shared Open Space (MU -CBD zone onh 23 Fee in Lieu is determined by multiplying the current TDC 18.610.030. N Washington County Assessor determined real market value of F.2.b. (3) the land (not improvements) by 10%. Sanitary Sewer Co ection Fee 23 This fee is determined by Cleanwater Services. Clean Water l The City of Tigard receives 3.99% of fees collected. Services Page 1 of 2 F\ 2012 Proposed Master Pecs & Charges Summary of Changes Report Exhibit B Included Schedule j + in Budget? • De artment F: Page(s) _ (Y /N) Park System Development Charges (SDCI > ; - 55 Charges are adjusted annually based on an average Res.01 -12 of the Seattle Construction Cost Index (CCI) and the changes in the cost of land acquisitions. Fees are decreased by 15% based on these indices. Traffic Impact Fee (TIF) 36 Fees adjusted 6% annually per Washington County. Washington County Y As of July 1, 2009, this fee was replaced by the Transportation Development Tax (TDT) Countywide Transportation Development Tax (TDT) 37 A voter approved fee that went into effect July 1, 2009. Washington County Y Rates are adjusted annually by the county. Public Works Parks Shelter Rental Fees (2 hour minimum) 24 Fees adjusted to recover costs for providing service. Dept. Policy N Right -of -Way (ROW) Permit Fee 25 Does not include a fee increase. However, due to oversight, Dept. Policy N fee was omitted from Master Fees & Charges Schedule. Street Maintenance Fee 25 Fee is adjusted annually tied to a two year rolling TMC 18.765 1 average of the combined Oregon Composite Construction Cost and the national labor cost indices. The total combined indices can be no lower than 2% and no higher than 7%. Result of index applied for FY 2012 is 4 %. Page 2 of 2 DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments City Budget Resolution Schedule of Appropriations SUPPLEME AL PACKET FOR / City of Tigard (DATE OF MEETING) TIGARD Memorandum 49-12 d J I 0 To: Tigard City Council From: Toby LaFrance Re: Technical Adjustments to the City of Tigard Approved FY 2012 Budget for the June 14, 2011 Hearing to Adopt the FY 2012 Budget Date: June 10, 2011 Attached are the Technical Adjustments to the Approved Budget for FY 2012. Technical Adjustments are necessary due to the timing of the budget. In each case, new information has become available since the FY 2012 Budget was approved by the Budget Committee. Approval of the Technical Adjustments is recommended by staff and will change the Adopted Budget by the amounts listed in each item. There are a total of four adjustments. All adjustments come with funding and will not negatively impact fund balances. The first three adjustments are a matter of timing, where a project is ongoing and has dollars that will not be spent in the current fiscal year. This unspent money will then be available next fiscal year as additional beginning fund balance and will provide the appropriations next fiscal year (FY 2012), enabling Tigard to complete the project. The fourth item is a result of updating the fund forecasts, primarily impacting fund balance and lowering the total city budget by the decrease in fund balance. If you have any questions prior to the June 14, 2011 hearing, please contact me at 503.718.2406 or toby or.gov . Technical Adjustments to the 2011 -12 Adopted Budget Summary Below are a series of Technical Adjustments. The adjustments are caused by the timing of the budget process. New information comes available after the Approved Budget and creates the opportunity to approve a more precise budget. Each item below has a brief description and then details the change to the Schedule of Appropriations. Please note that each adjustment is presented with its impact, they are not cumulative. The items fall into three categories: 1) Carry forward items (Items 1, 2.a., and 3) — These are items that are budgeted in FY 2010 -11, but will not be completed during the fiscal year. Since the budget for these items is not fully expended, the ending fund balance in FY 2010 -11 is higher by the amount of unexpended budget. This then creates a higher beginning fund balance for FY 2011 -12. The additional beginning fund balance is the resource that offsets the added expenditure in FY 2011 -12. These items do not impact the ending fund balance for FY 2011 -12. 2) Grants (Item #2.b.)— grants have been awarded since the Approved FY 2011 -12 Budget. The grant provides the resource to offset the additional expenditure. These items do not impact the ending Fund balance. 3) Change in beginning fund balance (Item #4) — this item changes appropriated Contingency in the Parks Capital Fund. Additionally, it will also change the Adopted Fund Balance and Total Budget, which is not required by Oregon Budget Law, but adds to the transparency of the budget process. 1 I '> #1: Community Development — Carry Forward Amounts A carry forward is defined as those items that are unspent by June 30 and are carried over to the following fiscal year. This action results in a higher beginning fund balance for the fiscal year due to the unspent budget in the prior year. A carry forward in the amount of $14,000 is being requested for the Community Planning Division. The amount will allow the department to complete the Tree Grove Inventory for $3,000, the tree manual for $6,000, as well as the public involvement portion for the Urban Forestry Code for $5,000. As a result the beginning fund balance in the General Fund will decrease by $14,000 with an increase in Community Development program expenditures by the same amount. General Fund Program Approved Recommended Change Revised Approved Policy & Admin. $854,157 $0 $854,157 Comm. Develop. 3,212,930 14,000 3,226,930 Comm. Services 20,744,094 0 20,744,094 Public Works 4,789,978 0 4,789,978 Debt Service 0 0 0 Loan to CCDA 375,000 0 375,000 Transfers 965,385 0 965,385 Capital Improvements 0 0 0 Contingency 1,000,000 0 1,000,000 Total Fund $31,941,544 $14,000 $31,955,544 2 ': #2 a. Public Works — Carry Forward Amounts This program requires a carry forward amount of $152,386 from FY 2011 to FY 2012 for work that will occur after Julyl, 2011. Affected funds include General Fund, Gas Tax, Fleet /Property Management, Stormwater, Parks System Development Charge (SDC), and Parks Capital. ,Fleet /PropettyManagement: A total of $16,000 will be used for the seal coat and restripe of the Tigard Christian Church parking lot per the shared parking agreement. Fleet /Property Management Fund Program Approved Recommended Change Revised Approved Policy & Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,654,384 16,000 1,670,384 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 0 0 0 Capital Improvements 0 0 0 Contingency 100,000 0 100,000 Total Fund $1,754,384 $16,000 $1,770,384 Stormwater: A total of $25,000 is required to complete a study of Tigard's existing stormwater outfalls including acreage drained as well as land uses that flow to each untreated outfall. In addition, funding is needed to complete the Army Corps of Engineers and Department of State Lands requirement of monitoring wetland and stream mitigation work that was completed at Hiteon Creek. Stormwater Fund Program Approved Recommended Change Revised Approved Policy & Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,298,061 25,000 1,323,061 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 320,310 0 320,310 Capital Improvements 749,738 0 749,738 Contingency 100,000 0 100,000 Total Fund $2,468,109 $25,000 $2,493,109 3 Parks Capital Improvement Program: A carry forward of $16,000 is required to complete the Parks System Development Charge Update. Along with an increase in the beginning fund balance for Parks SDC's by $16,000, transfers out will increase by the same amount. As a result, transfers in for Capital Improvements in the Parks Capital Fund will increase by $16,000 to offset the additional Capital Improvements expenditures. Parks SDC Fund Program Approved Recommended Change Revised Approved Policy & Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 282,711 0 282,711 Loan to CCDA 0 0 0 Transfers 1,527,944 16,000 1,543,944 Capital Improvements 0 0 0 Contingency 300,000 0 300,000 Total Fund $2,110,655 $16,000 $2,126,655 Parks Capital Fund Program Approved Recommended Change Revised Approved Policy & Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 462,197 0 462,197 Capital Improvements 6,373,639 16,000 6,389,639 Contingency 400,000 0 400,000 Total Fund $7,235,836 $16,000 $7,251,836 4I- Streets. The division's current patch truck was originally purchased in 1996. The replacement truck has been ordered, but will not be delivered until after July 1, 2011. According to accounting rules, the expenditure occurs in the fiscal year when delivery is made, not when the order is placed. Since the budget is not expended in FY 2010 -11, the beginning fund balance in the Gas Tax Fund will be higher in FY 2011 -12, to offset the additional Public Works expenditure. Gas Tax Fund Program Approved Recommended Change Revised Approved Policy & Admin. $0 $0 $0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 1,937,574 87,386 2,024,960 Debt Service 621,632 0 621,632 Loan to CCDA 0 0 0 Transfers 657,328 0 657,328 Capital Improvements 0 0 0 Contingency 300,000 0 300,000 Total Fund $3,516,534 $87,386 $3,603,920 #2 b. Public Works — Grants Grant details for this division were unknown at the time that the budget was approved. Since that time, funds have been awarded by the Office of Emergency Management to support emergency planning, preparedness, and communications for the Emergency Operating Center (EOC). As a result, General Fund grant revenues will increase by $33,850 and the Public Works program expenditures will increase by the same amount. General Fund Program Approved Recommended Change Revised Approved Policy & Admin. $854,157 $0 $854,157 Comm. Develop. 3,212,930 0 3,212,930 Comm. Services 20,744,094 0 20,744,094 Public Works 4,789,978 33,850 4,823,828 Debt Service 0 0 0 Loan to CCDA 375,000 0 375,000 Transfers 965,385 0 965,385 Capital Improvements 0 0 0 Contingency 1,000,000 0 1,000,000 Total Fund $31,941,544 $33,850 $31,975,394 5I #3 a. Policy & Administration — Carry Forward Amount A carry forward in the amount of $20,000 for Finance & Information Services to complete a cost analysis of the city's indirect charges and hourly staff costs. This action will increase the beginning fund balance in Central Services Fund by $20,000 with an increase in program expenditures for Finance and Information Services. Central Services Fund Program Approved Recommended Change Revised Approved Policy & Admin. $6,374,117 $20,000 $6,394,117 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 0 0 0 Capital Improvements 0 0 0 Contingency 300,000 0 300,000 Total Fund $6,674,117 $20,000 $6,694,117 6� r #4 Fund Balance - Parks Capital Fund This Technical Adjustment deals with fund balances and appropriations. The portion that deals with fund balance it is not required under Oregon Budget Law. Fund Balances do impact the total amount of the Adopted Budget, since this is based on appropriations plus fund balance. The total amount of the budget appears in the budget resolution. This action will decrease the amount of the total budget by $8,000,000. This Technical Adjustment is before Council to provide additional transparency to the budget process. Additionally, the fund balance change will require a change in the Parks Capital Fund Contingence, an appropriation item. The explanation follows: Upon review of the Parks Capital Fund, it was discovered that the ending fund balance for FY 2011 was overstated by $8 million dollars. The initial forecast that was used to calculate the ending fund balance assumed that all the parks bond funds would be transferred to the Parks Capital Fund during FY 2011. The forecast has since been updated, and only those parks bond funds that are needed will be transferred during FY 2011. This results in the an overstated the beginning fund balance in FY 2012 by $8,000,000. The overstatement does not affect the Schedule of Appropriations which is adopted by council; it does impact the ending fund balance of the Parks Capital Fund and the resulting total budget for FY 2012 by lowering both by $8,000,000. In order for the ending fund balance to remain positive, the Contingency in the fund will be decreased by $350,000 Recommended Revised Approved Change Approved Parks Capital Fund Resources Beginning Fund Balance $8,346,668 - $8,000,000 $346,668 Interest Earnings $ 3,000 $ 3,000 Transfers In from Other Funds $ 6,585,360 $ $6,585,360 Total Resources $ 14,935,028 - $8,000,000 $ 6,935,028 Requirements Program Expenditures Total $ - $ - $ - Work -In- Progress $ 6,373,639 $ $ 6,373,639 Transfers to Other Funds $ 462,197 $ 462,197 Contingency $ 400,000 - $350,000 $ 50,000 Total Budget $ 7,235,836 - $350,000 $ 6,885,836 Reserve For Future Expenditure $7,699,192 - $7,650,000 $ 49,192 Total Requirements $ 14,935,028 - $8,000,000 $ 6,935,028 71 AGENDA ITEM No. 10 Date: June 14, 2011 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2011 -12 Due to Time Constraints City Council May Impose A Five - minute Time Limit on Testimony AGENDA ITEM No. 10 Date: June 14, 2011 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Io No. Name, Address & Phone No. fj Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AIS -520 Item #: 11. Business Meeting Date: 06/14/2011 Length (in minutes): 5 Minutes Agenda Title: A Resolution Adopting the City Center Development Agency Fiscal Year 2011 -2012 Budget, Making Appropriations, and Imposing and Categorizing Taxes Prepared For: Toby LaFrance Submitted By: Liz Lutz Financial and Information Services Item Type: Resolution Meeting Type: Council Business Public Hearing - Informational Meeting - Main ISSUE Oregon Local Budget Law requires that a budget for the following fiscal year be adopted by the City Center Development Agency Board of Directors prior to July 1st, after approval by the Budget Committee and after a public hearing has been held before the City Center Development Agency Board of Directors. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the FY 2011 -2012 Budget, with any adjustments made during the hearing. KEY FACTS AND INFORMATION SUMMARY The City Center Development Agency Budget Committee (comprised of the City Center Development Agency Board of Directors and five citizens) reviewed the Executive Director's Proposed FY 2011 -12 Budget on April 18, 2011 and April 25, 2011. The Budget Committee subsequently approved the Proposed Budget and forwarded the Budget to the City Center Development Agency Board of Directors for adoption. Oregon Local Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption. The City Center Development Agency Board of Directors may adjust resources or expenditures up or down as long as the increase in a fund does not exceed 10% of the fund total. The total FY 2011 -12 City Center Development Agency Budget will be $1,063,273. OTHER ALTERNATIVES Due to no amendments being proposed, no other alternatives are being considered. By Oregon law, the FY 2011 -12 Budget must be adopted by the City Center Development Agency Board of Directors prior to July 1, 2011. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments CCDA Budget Resolution CCDA Schedule of Appropriations • ' City of Tigard TIGARD Memorandum To: City Center Development Agency Board From: Toby LaFrance Re: Technical Adjustment to the CCDA Approved FY 2012 Budget for the June 14, 2011 Hearing to Adopt the FY 2012 Budget Date: June 10, 2011 Attached is the Technical Adjustment to the CCDA Approved Budget for FY 2012. Technical Adjustments are necessary due to the timing of the budget. In this case, new information has become available since the FY 2012 Budget was approved by the Budget Committee. Approval of the Technical Adjustment is recommended by staff and will change the Adopted Budget by the amount listed. The adjustment does not negatively impact fund balance. The CCDA has ongoing projects and has money that will not be spent in the current fiscal year. This unspent budget will then be available next fiscal year as additional beginning fund balance, and will provide the needed appropriations for the CCDA to complete the project. If you have any questions prior to the June 14, 2011 hearing, please contact me at 503.718.2406 or tobya,figard- or.gov Technical Adjustments to the 2011-12 Approved Budget City Center Development Agency #1: Urban Renewal The City Center Development Agency requires a carry -over of funds in the amount of $89,330 for professional consulting services that the Agency is contractually obligated to complete as well as funding for the Facade Improvement Program. The consulting services include work for a Main Street art consultant, refinement of the downtown circulation plan, and a performance review of the Urban Renewal Plan. Also, there are 5 properties that have received architectural design assistance that are expected to apply for grants through the Facade Improvement Program. The funds were loaned to the CCDA from the City of Tigard in FY 2011, but the projects were not completed. The result will be an increase in the beginning fund balance in the Urban Renewal Capital Improvements Fund by $89,330 for FY 2012 which will fund the contracts for capital improvements. Urban Renewal Capital Improvements Fund Program Original Approved Recommended Change Revised Approved Policy & Admin. 0 0 0 Comm. Develop. 0 0 0 Comm. Services 0 0 0 Public Works 0 0 0 Debt Service 0 0 0 Loan to CCDA 0 0 0 Transfers 0 0 0 Capital Improvements 375,000 89,330 464,330 Contingency 0 0 0 Total Fund $375,000 $89,330 $464,330 AGENDA ITEM No. 11 Date: June 14, 2011 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before the City Center Development Agency on: CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2011 -12 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES Due to Time Constraints City Council May Impose A Five - minute Time Limit on Testimony • AGENDA ITEM No. 11 Date: June 14, 2011 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. CC Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 'Name, Address & Phone No. AIS -543 Item #: 12. Business Meeting Date: 06/14/2011 Length (in minutes): 15 Minutes Agenda Title: Public Hearing - City Manager Recruitment Candidate Criteria - Invitation for Public Comment Submitted By: Sandy Zodrow City Management Item Type: Public Hearing - Informational Meeting Type: Council Business Meeting - Main ISSUE Should the City Council hold a public hearing on June 14, 2011 to receive public input on the candidate criteria and/or profile to be used in the recruitment and selection of the new City Manager STAFF RECOMMENDATION / ACTION REQUEST Hold the public hearing on June 14th to receive public input on the candidate criteria/profile for the City Manager recruitment KEY FACTS AND INFORMATION SUMMARY The City Council discussed the development of the candidate criteria and profile for their City Manager recruitment at their May 24th Council meeting with Eric Middleton, Managing Partner with Alliance Resource Consulting. Alliance is the executive search firm the city has retained to assist in recruiting a new City Manager due to current City Manager Craig Prosser's forthcoming retirement. It was determined that a public hearing should be held on June 14th to receive any public input regarding the candidate criteria and/or profile that will be used in recruiting for and selecting the next City Manager. OTHER ALTERNATIVES Not applicable COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Not applicable DATES OF PREVIOUS COUNCIL CONSIDERATION The City Council most recently discussed this matter at their May 24th meeting Attachments CM Brochure 11-01 City of Tigard, OR TIGARD City Manager qv tt . '' -, .,. i I t , 4fiti 1 7 , , ,\ ? ' .... ■Z _ , 1 API. • CC Z ■ 4 N Li !ir 1 . - 4 • Orr. r! POLICE -1" _. . r mo qr 0, ., _we.... . m•q" --3 ______,............ ALLIANCE RESOURCE CONSULTING LLC THE POWER OF PARTNERSHIP to t' t p = > . • _ t of i . Nt." f, `� A p air', 0' V k ` 1 , .re 4;11 4 ,,.. , ; 4,1 _— _•..�ri� , S. + -- City of Tigard, C Tigard, OR — A Place To Call Home Since incorporating in 1961, Tigard developed a strong tax base and a diversity of businesses. The city's tax rate is among the lowest in the Located in the beautiful Willamette Valley, the City of Tigard is a clean, Portland metropolitan area, and Tigard has the highest retail sales per capita livable family oriented community located just minutes southwest of in Oregon. Today, there is over 4.5 million square feet of commercial and Portland in Washington County. As a community, Tigard blends the industrial space in Tigard at business parks such as Lincoln Center, Oregon amenities of a modem city with the friendliness and community spirit of a Business Park, Forum Properties Business Centers, Tigard Industrial Center, small town. Tigard is the 12th largest city in Oregon with a population of Commerce Plaza, Sequoia Parkway and Plaza West. approximately 48,000. For more information about the City of Tigard, please visit their website at The city is also known for its natural scenic beauty and abundance of www•tigard- or.gov. parks and greenways. There are over 181 acres of developed parks and over 202 acres of undeveloped greenways, wetlands, etc Tigard has been The City Government named a Tree City USA by the National Arbor Day Foundation to honor The City of Tigard operates under a mayor /council form of government its commitment to its community forest. This is the tenth year Tigard has which utilizes a city manager to act as the administrative head of the city. received this national recognition. The City Council is composed of a mayor and four councilors. The mayor and councilors are elected city -wide to four -year terms, and two councilors In 2006, City Council made the decision to adopt "A Place to Call Home" as are elected at each biennial general state election for a four -year term. No the tagline for the city— representing a commitment to having Tigard be a city that everyone could be truly proud of—a place with a true commitment councilor may serve more than eight consecutive years, except in cases to the community, its employees and to excellence. In an effort to further where a councilor is filling an unexpired term. One of the councilors is this vision, the city implemented three values for staff to reflect and embody. appointed council president, and presides over City Council in the absence of the mayor and may perform other functions of the mayor at these times. These values are: The City of Tigard has eight operating departments (Administration, Respect and Care Community Development, Finance and Information Technology, Library, • Mapping, Municipal Court, Police and Public Works) and provides a full We will treat people well range of municipal services to the community. Fire service is provided • Do the Right Thing under contract with Tualatin Valley Fire and Rescue. We will go the extra mile to exceed expectations The city employs over 270 full-time employees, and has two labor unions: • Get it Done the Tigard Police Officers Association representing 65 sworn and nonsworn, non - management in the Police Department, and SEIU -OPEU, representing We will focus on solutions —not excuses 110 general, non - management employees citywide. The remaining full-time The city's "open door" policy encourages citizens to attend weekly City and part - time /seasonal employees do not have union representation. Council meetings and observe the mayor and City Council. Tigard is a community building for today and its future. Local government and Opportunities and Challenges school leaders, citizen groups, businesses and individuals work hard to • One of the top priorities for the city manager and the City Council is build upon Tigard's significant community attributes. The city promotes maintaining the sound fiscal condition of the city. The City of Tigard citizen participation through Neighborhood Networks that represent the has actively implemented measures to address budget challenges and community's 13 geographic areas. The networks allow citizens to become maintain a balanced budget. These ongoing efforts resulted in a recent part of the decision- making process increase in the city's bond rating. The city manager will continue to In Tigard, community activity revolves around dose -knit, family oriented prioritize the needs of the city, recommend appropriate adjustments to neighborhoods. There are many comfortable older neighborhoods balance resources and expenditures and maintain a plan for addressing in beautiful condition. In addition, Tigard's location and proximity to the current and future needs of the community (recreation and parks, transportation have contributed to its steady growth and attraction as a construction of a new police station, etc). business destination. While there are many new residential neighborhoods • The City of Tigard is one of the 23 communities in Metro (the opening in the city, there are also plans to add additional commercial and elected regional government). It's important for the city to ensure that office space it maintains its unique identity and character, while working closely . �,. re ° ' i ` 00 Xf K --: . 1 Ogg / 1,,,4_.,,,,,,„,,a..? - '2 • ' . t , ,. ■ ° • _ WINE it ` '' �' � � 1 le ' ( ® - - .... follfi" . 11Mi Ali , _ , . . y -al: • limit f1BRq� Y )R: City Manager with Metro and other communities on regional issues. The next city and evaluates the work of the city in accordance with applicable laws, manager should continue to seek, create and expand collaborative, codes, and regulations, and adopted policies and objectives of the City regional and partnership- oriented solutions to plan for and manage CounciL future growth. Directs and coordinates the development and implementation of • • Over the last two decades, Tigard has grown rapidly and is expected to goals, objectives, and programs for the city; develops administrative continue to grow over the next 10 to 15 years The next city manager policies, procedures, and work standards to ensure that the goals and will be responsible for addressing the development and fiscal issues objectives are met and that programs provide mandated services in an associated with a growing community (Le. transportation, density and effective, efficient, and economical manner. housing, smart growth, land use). The city has a new comprehensive • Oversees the preparation of the annual budget for the city; authorizes plan, and is now working on implementing that plan. directly or through stag budget transfers, expenditures, and purchases; • The city manager will work with executive staff to continue developing provides information regarding the city's financial condition and needs internal leadership capabilities and succession plans. In addition, the to the City Council. city manager should continually look for operational efficiencies while • Advises the City Council on issues, programs, and financial status; maintaining excellence in service delivery. prepares and recommends long- and short -range plans for city • Diversify the economy and create an environment that encourages the service provision, capital improvements and funding; and directs the attraction, retention and expansion of all sizes and types of businesses development of specific proposals for action regarding current and Continue to work with the existing Urban Renewal District and look future city needs. for opportunities to develop a successful and prosperous downtown. • Oversees the administration, construction, use and maintenance of all • Work to complete the Lake Oswego-Tigard Water Partnership project city facilities and equipment, including buildings, parks, facilities and to secure ownership in a long -term water source. other public property. • Continue to improve internal and external communication, and • Represents the city and the council in meetings with governmental provide the mayor and council with regular updates on issues and agencies, community groups, and various business, professional, progress on major initiatives educational, regulatory, and legislative organizations; acts as the city liaison with the media. Th e Position • Provides for the investigation and resolution of complaints regarding Under policy direction, the city manager plans, organizes, and provides the administration of and services provided by the city government. administrative direction and oversight for all city functions and activities; • Provides for contract services and ensures proper performance of provides policy guidance and program evaluation to the City Council and obligations to the city; has responsibility for enforcement of all city management staff encourages and facilitates provision of services to codes and regulations. city residents and businesses; fosters cooperative working relationships • Oversees the selection, training, professional development and work with intergovernmental and regulatory agencies and various public and evaluation of city staff oversees the implementation of effective private groups; pursues appropriate avenues of economic and community employee relations and related programs; provides policy guidance and development, and performs related work as required. interpretation to staff The city manager receives policy direction from the City Council, and • Directs the preparation of and prepares a variety of correspondence, exercises general direction and supervision to the entire city staff through reports, policies, procedures and other written materials subordinate levels of management and supervision. • Ensures that the council is kept informed of city functions, activities, The city manager serves as the chief executive officer of the city, accountable and programs, and of legal, social and economic issues affecting city to the City Council and responsible for enforcement of all city codes and activities. regulations, the conduct of all financial activities and the efficient and • Monitors changes in laws, regulations, and technology that may affect economical performance of the city's operations city operations; implements policy and procedural changes as required. Essential duties and responsibilities include, but may not be limited to: • Performs other duties as assigned. • Plans, organizes, and administers operations of the city, either directly The position will be vacant due to the retirement of the current city manager or through subordinate management and supervisory staff coordinates who was appointed in 2005. Th e Candidate The city manager should be able to understand the roles of the mayor and City Council and provide his /her best professional recommendations in Education and Experience helping the council shape the future of the city. However, when the council Any combination of training and experience which would provide the makes a decision, he /she should be respectful of the role of the council required knowledge, skills, acid abilities is qualifying. A typical way to obtain and promptly implement their policy, even if it is different from his /her re 9 dg qg nP Y recommendation. the required qualifications would be: Equivalent to graduation from a four -year college or university with major Candidates should be optimistic energetic and friendly, have a good sense coursework in public or business administration, public policy, finance, or a of humor, and be active and visible in the community. field related to the work and ten (10) years of management or administrative Compensation experience in a municipal agency setting, including five (5) years of p management and supervisory experience; experience in working with an The salary for the position is negotiable within an established range, and will elected council or board is highly desirable. be dependent on the qualifications and experience of the selected candidate. It is also desirable that candidates have knowledge of economic development In addition, the following benefits are provided: A city contribution and redevelopment, budgeting and financial management, planning and toward the choice of three medical /dental /vision plans for the employee land use, water issues including provision and delivery, intergovernmental and family, City -paid life insurance, long -term disability and AD &D relations and community relations, and negotiations. insurance; holidays, paid time off (PTO) and medical leave bank based on years of service; bereavement and military leave; car allowance; EAP, Residency within the City of Tigard is desired, but not required. Candidates c ity contributions toward an ICMA 401(a) retirement plan and Voluntary from all geographic regions will be considered. Employee Beneficiary Account (VEBA); city match up to a specified Experience as a board member or council member is desirable. amount toward the choice of one of two 457 deferred compensation plans; city contribution toward long term care insurance or life insurance or both; Management Style and Personal Traits professional and civic memberships; voluntary options for credit union and The city manager must be a confident decision maker who will work additional employee /spouse /dependent life insurance in partnership with the City Council, engage the community and be Selection Process forward thinking This person should have a proven track record in fiscal management, land use, consensus building and the desire to provide Each candidate's background will be evaluated on the basis of information regional leadership on a variety of issues. The ideal city manager must value submitted at the time of application to determine the level and scope of community participation and know how to facilitate input from residents, the candidate's preparation for this position. The resume should include commissions, local businesses and the City Council. He /she will have a any additional information which the candidate wishes considered. Only the reputation for intelligence, poise and being calm under fire. He /she must more qualified candidates, as determined by the screening process, will be have the flexibility and mind set to effect change within the organization invited to participate in the selection process. The names of the most highly as needed. qualified candidates will be submitted to the appointing authority for final selection. Final interviews will be conducted by the mayor and City Council. The ideal city manager also demonstrates: • Strong fiscal management and insight How to Apply • Knowledge of planning, land use, zoning, building, and redevelopment Interested candidates can apply for this position and obtain additional • Knowledge of the needs of business information at wwwallianceresourceconsul ting.com. • Teamwork mentoring and developing excellence from city staff Confidential questions, inquiries and nominations may be directed to: • Belief in the value of employees Eric J. Middleton, Managing Partner • Problem solving with a creative attitude Sherrill A. Uyeda, Senior Partner • Ability to benchmark and evaluate performance ALLIANCE RESOURCE CONSULTING, LLC • Willingness to take reasonable risk 400 Oceangate, Suite 510 • Superior listening and communications in all forms Long Beach, CA 90802 • Unquestionable ethics and integrity Telephone: 562- 901 -0769 • A good antenna for community issues, and the ability to communicate Facsimile: 562-901-3082 Email: and feel comfortable with people from all walks of life eiddeeton@allianceRC.com suyeda @allianceRC.com • Fostering an administration of transparency http: / /twttrer.com /Alliancerc • An openness to new ideas and approachable • The desire to be a leader III Alliance Resource Consulting, ll:,C • A strong customer service orientation Resumes should be received by Monday, July 18, 2011. • High ethical standards and the integrity and the courage to express an opinion and disagree when appropriate The City of Tigard is an EqualOpponunity Employer and values diverrityy at all lever • Committed to public service of the organization. Copyright 2011 ALLIANCE RESOURCE CONSULTING, LLC AGENDA ITEM No. 12 Date: June 14, 2011 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: RECEIVING PUBLIC INPUT ON THE CANDIDATE CRITERIA AND /OR PROFILE TO BE USED IN THE RECRUITMENT AND SELECTION OF THE NEW CITY MANAGER Due to Time Constraints City Council May Impose A Five - Minute Time Limit on Testimony AGENDA ITEM No. 12 Date: June 14, 2011 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AIS -534 Item #: 13. A. Business Meeting Date: 06/14/2011 Length (in minutes): 10 Minutes Agenda Title: Contract Award - Citywide Grounds Maintenance Prepared For: Joseph Barrett Submitted By: Joseph Barrett Financial and Information Services Item Type: Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract for citywide grounds maintenance services to Portland Habilitation Center? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for citywide grounds maintenance services to Portland Habilitation Center and authorize staff to finalize the contract with the vendor. KEY FACTS AND INFORMATION SUMMARY In 1977, the Oregon legislature passed the "Products of Disabled Individuals" Act (ORS 279.835 to ORS 279.855.) This law obligates all state and local governments, school districts and other tax- supported political bodies in Oregon, to purchase goods and services from Qualified Rehabilitation Facilities (QRFs) when the products or a service meets their requirements. A Qualified Rehabilitation Facility is a non - profit organization that puts Oregonians with disabilities to work. It is a place of business and a training facility; with workshops, equipment, class and meeting rooms, offices and other business necessities. Many QRFs have other business locations as well, such as a downtown office, bakery or mail room. The mission of a QRF is to help disabled people achieve self - confidence and self - sufficiency by working in the community in which they live and becoming productive citizens. A QRF often has a variety of programs to help disabled people achieve maximum economic and personal independence through vocational development. It is "qualified" because its programs are registered and reviewed on a regular basis by various state and federal agencies such as the Oregon Department of Human Services (DHS), Oregon Department of Administrative Services (DAS) and the National Industries for the Severely Handicapped (NISH). Disabled people are referred to a QRF from the Vocational Rehabilitation or Mental Health Divisions of the Oregon Department of Human Services. There are approximately 47 QRFs around the state of Oregon. Every QRF puts a lot of energy into finding and creating opportunities that provide jobs for disabled people, as well as quality products or services to their customers. Today, QRFs provide work for nearly 6,000 Oregonians through their varied business enterprises. One of the services that a number of QRF vendors provide is grounds maintenance. The City has been utilizing the services of All Seasons Grounds Care /Shangri La, a QRF vendor out of Salem, for the past number of years. Staff grew increasingly dissatisfied with the service provided by All Seasons and after meeting with All Seasons staff and State of Oregon QRF program representatives, the decision was made to end All Seasons services at the city. As the need for grounds maintenance still exists, staff reached out to Portland Habilitation Center, another QRF in the area that provides the service. City staff and Portland Habilitation Center reviewed the scope of services and, in accordance with state process and statute, agreed to pricing for the work. The price determination was forwarded to the state for approval and the approval was received thus allowing the contract to move forward to the Local Contract Review Board for award. OTHER ALTERNATIVES Do not approve the contract award and direct staff to enter into negotiations with another QRF providing grounds maintenance services. The LCRB should remember that the City must utilize a QRF for the service (or take in- house) and as the pricing for QRF contracts is approved, and to a large degree mananged by the State of Oregon, the pricing would be very similar. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the LCRB has seen this contract award request. Fiscal Impact Cost: $233,664 Budgeted (yes or no): Yes Where budgeted ?: Pending Additional Fiscal Notes: The annual cost of the contract is estimated at $116,832 for a two -year (contract total terms) of $233,664. The project is split between the following funds: Water Fund - $17,964 /annually Storm Fund - $64,632 /annually General Fund - $34,236 /annually The work is appropriated every year and the approved FY 2011 -2012 budget makes appropriations for this contract. AIS -535 Item #: 13. B. Business Meeting Date: 06/14/2011 Length (in minutes): 10 Minutes Agenda Title: Contract Award - Janitorial Services Prepared For: Joseph Barrett Submitted By: Joseph Barrett Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract for citywide janitorial services to Tualatin Valley Workshop? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for citywide janitorial services to Tualatin Valley Workshop and authorize staff to finalize the contract with the vendor. KEY FACTS AND INFORMATION SUMMARY In 1977, the Oregon legislature passed the "Products of Disabled Individuals" Act (ORS 279.835 to ORS 279.855.) This law obligates all state and local governments, school districts and other tax - supported political bodies in Oregon, to purchase goods and services from Qualified Rehabilitation Facilities (QRFs) when the products or a service meets their requirements. A Qualified Rehabilitation Facility is a non - profit organization that puts Oregonians with disabilities to work. It is a place of business and a training facility; with workshops, equipment, class and meeting rooms, offices and other business necessities. Many QRFs have other business locations as well, such as a downtown office, bakery or mail room. The mission of a QRF is to help disabled people achieve self - confidence and self - sufficiency by working in the community in which they live and becoming productive citizens. A QRF often has a variety of programs to help disabled people achieve maximum economic and personal independence through vocational development. It is "qualified" because its programs are registered and reviewed on a regular basis by various state and federal agencies such as the Oregon Department of Human Services (DHS), Oregon Department of Administrative Services (DAS) and the National Industries for the Severely Handicapped (NISH). Disabled people are referred to a QRF from the Vocational Rehabilitation or Mental Health Divisions of the Oregon Department of Human Services. There are approximately 47 QRFs around the state of Oregon. Every QRF puts a lot of energy into finding and creating opportunities that provide jobs for disabled people, as well as quality products or services to their customers. Today, QRFs provide work for nearly 6,000 Oregonians through their varied business enterprises. One of the services that is provided by a number of QRF vendors is janitorial services. As the city's existing contract for janitorial services has expired, staff entered into negotiations the city's current QRF vendor for janitorial services, Tualatin Valley Workshop, on new contract pricing. Staff chose to negotiate with Tualatin Valley Workshop due to their track record of performance at the city's facilities and the fact that pricing is largely similar among the QRFs as the state has final approval on the pricing. City staff and Tualatin Valley Workshop agreed upon the contract pricing and forwarded the pricing to the state. The city has received the authorized pricing approval from the state and is ready to proceed with LCRB approval of the contract. In accordance with ORS 279 staff has attached a copy of the in -house vs. contracted services analysis necessary for a service agreement of this size. OTHER ALTERNATIVES Do not approve the contract award and direct staff to enter negotiations with other QRFs providing janitorial services in the area: Diversified Abilities, Mid - Valley Rehabilitation, Inc., Port City Development, Portland Habilitation Center, Inc. and Tualatin Valley Workshop, Inc. This will require pricing approval from the state and will likely result in minimal difference in pricing. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION The is the first time this contract has been before the LCRB. Fiscal Impact Cost: $1,124,671 Budgeted (yes or no): Pending Where budgeted ?: Fleet/Property Management Additional Fiscal Notes: The anticipated FY 2011 -2012 cost for the janitorial services is $211,414. Using a 3% annual increase the total over the potential five years of the contract is $1,124,671. The project is in the approved Fleet/Property Management Fund for FY 2011 -2012 and subsequent fiscal years will be contingent upon budget adoption. AIS -536 Item #: 13. C. Business Meeting Date: 06/14/2011 Length (in minutes): 10 Minutes Agenda Title: Contract Award - Parks Acquisition and Improvement Management Services Prepared For: Joseph Barrett Submitted By: Joseph Barrett Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract for parks acquisition and improvement management services to Conservation Technix Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for parks acquisition and improvement management services to Conservation Technix Inc. and authorize staff to finalize the contract with the vendor. KEY FACTS AND INFORMATION SUMMARY The city's parks acquisition and improvement program includes both the purchase of property and construction of park improvements that will be funded by the General Obligation Bond issue approved by the voters in November 2010. The city's program charter describes the program and the requirements stated in the ballot title for the bond issue. Due to the size of the bond and the parks acquisition and improvement program the city has a need for management services related to the acquisition and improvements that will be conducted over the coming years. Staff determined that a parks acquisition and improvement management firm is necessary and will be responsible for coordinating, tracking, and managing all of the activities of project team members. Project team members will be hired through separate contracts or will be filled by city staff. These project team members may include real estate acquisition agents, land appraisers, design professionals, surveyors, contractors, and other services needed for the program. A request for proposal for the required parks acquisition and improvement management services was issued on February 24, 2011. The city conducted pre - proposal interviews with five interested parties were held during the week of March 7th. During these meetings, interested firms were able to ask direct questions regarding the project and the scope of services need by the city. When the request for proposal closed, the five firms all submitted proposals. Firms submitting proposals were: • Drake & Associates, LLC • WH Pacific • Milstead & Associates • F.F. Holtz Engineering, LLC • Conservation Technix, Inc. A proposal review team scored the submitted proposals in accordance with the following criteria outlined in the request for proposal: • Firm qualifications - 10% • Program manager qualifications — 20% • Understanding and approach — 35% • Statement of work — 25 %u • Cost structure — 10% • Total possible score — 100% Through the review process staff has determined that Conservation Technix, Inc. best meets the current needs of the city and therefore is staff's recommendation for contract award. OTHER ALTERNATIVES Do not approve the contract award and direct staff to reissue the Request for Proposal. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Study Session briefing on May 10, 2011. Fiscal Impact Cost: $350,000 Budgeted (yes or no): Pending Where budgeted ?: Parks Bond Fund Additional Fiscal Notes: The contract is anticipated at $350,000 over the three -year term. During the first year of the contract, FY 2011 -2012, staff anticipates total expenditures of $120,000 and the approved budget reflects this amount. N TIGARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the CCDA Meeting on June 14, 2011 STATE OF OREGON) County of Washington) ss. City Tigard �) / I, O ct 6t ( i# eel , being first duly sworn (or affirmed), by oath (or r affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of the Joint Meeting of Tigard and Lake Oswego City Councils A copy of said Notice being hereto attached and by reference made a part hereof, on the 7 day of 1(4 h , 2011. j Signature of Person w o Performed Notification Subscribed and sworn (or affirmed) before me this day of ( , 2011. Signature of Notary Public for Oreg OFFICIAL SEAL CATHERINE D WHEATLEY GARY PUBLIC- OREGON COMMISSION NO. 41 MY COMMISSION EXPIRES AUG. 04, 2011 TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING 0 V June 14, 2011 7:30 pm TIGARD CITY HALL 13125 SW HALL BLVD. T I GAR D TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it the following item for consideration at the City Council and City Center Development Agency June 14, 2011 Meeting: 11. Public Hearing: City Center Development Agency — Consider a Resolution Adopting the City Center Development Agency Fiscal Year 2011 -12 Budget, Making Appropriations, and Imposing and Categorizing Taxes Please forward to: ❑ Eric Florip, The Oregonian (ericfloripPoregonian.com) ❑ Listings, The Oregonian (listings( oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger@commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503 - 718 -2419. Deputy City Recorder Date: * Post: Tigard City Hall Tigard Permit Center Tigard Public Library it. w 1 : 1 11111 . li TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the CCDA Meeting June 14, 2011 STATE OF OREGON) County of Washington) ss. City of Tigard / ) I, (c 20Z X /!} 'r , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : ,Y Newsroom, Tigard Times and the following people /organizations by e -mail: [ V Eric Florip, The Oregonian (ericflorip @news.oregonian.com) Y Listings, The Oregonian (Listings@news.oregonian.com) CY Editor, The Regal Courier (Editorntheregalcourier.com) V Geoff Pursinger, Tigard Times(gpursinger @commnewspapers.com) A copy of said Notice being hereto attached and by reference made a part hereof, on the ) 4 "'"day of 9.4.tnd, , 2011. --&,e1 x - / /4- Pet§l-e-s- Signature of Person who Performed Notification t -11_, Subscribed and sworn (or affirmed) before me this / day of _ vet` , 2011. J --K k-).. l-Olegial +. Signature of Notary Public for Orego ,7CIAL SEAL NOT RIME D T� MYM41 Ot2011 y 1 ** Transmit Confirmation Report ** P.1 Jun 7 2011 01:12pm D.S.S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 07,01:11pm 0'28" 1 * 0 K TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING 1111 June 14, 2011 7:30 pm _ TIGARD CITY HALL 13125 SW HALL BLVD. TIGARD TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it the following item for consideration at the City Council and City Center Development Agency June 14, 2011 Meeting: 11. Public Hearing: City Center Development Agency — Consider a Resolution Adopting the City Center Development Agency Fiscal Year 2011 -12 Budget, Making Appropriations, and Imposing and Categorizing Taxes Please forward to: O Eric Florip, The Oregonian (ericflorip @oregonian.com) O Listings, The Oregonian (Ii-t uo es@oregha com) O Editor, The Regal Courier .' • . e r . -loner. •m) O Geoff Pursinger, Tigard Times (gpursinger@commnewspapers.com) O Newsroom, The Times (Fax No. 503 - 546 - 0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503- 718 -2419. a.. Deputy City Record Date: 12�' 7� <)0//' Post Tigard City Hall Tigard Permit Center Tigard Public Library City of Tigard, Oregon Affidavit of Posting . TIGARD In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard / I, �� oN /t k_ r_ 1), / /c v , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) / " o 3 , which were adopted at the City Council meeting of b ' / Y / / , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day T1.1 v/C._ ,20/1 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person who • er .. osting Subscribed and sworn (or affirmed) before me this QS of , 20) . /' ,0 rAD am"' Signature of Notary Public for Ora I:tadmlcathyIonns\post ordinance 2006.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 11- O 3 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN MAP AMENDMENT (CPA2011- 00001) AND ZONE MAP AMENDMENT (ZON2011- 00001) FOR 8200 SW PFAFFLE STREET, CHANGING THE COMPREHENSIVE PLAN DESIGNATION FROM PROFESSIONAL COMMERCIAL TO MIXED USE EMPLOYMENT AND CHANGING THE ZONING CLASSIFICATION FROM (C -P) TO (MUE), SUBJECT TO A CONDITION OF APPROVAL IMPOSING A TRIP CAP ON THE SITE. THE SUBJECT PROPERTY IS TAX LOT 100, WASHINGTON COUNTY TAX ASSESSOR'S MAP 1 S 136CC. WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires quasi - judicial zoning map amendments to be undertaken by means of a Type III -PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection 18.380.030.B; and WHEREAS, Section 18.380.030.A.2 of the City of Tigard Community Development Code requires the commission to make a recommendation to the council on an application for a comprehensive plan map amendment; and WHEREAS, Section 18.380.030.B.1 of the City of Tigard Community Development Code requires demonstration of compliance with all applicable comprehensive plan policies and map designations; and WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinances; and WHEREAS, Section 18.380.030.B.3 of the City of Tigard Community Development Code requires 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; and WHEREAS, pursuant to Section 18.390.060.G of the Tigard Development Code, a recommendation by the commission, and a decision by the council, shall be based on consideration of Statewide Planning Goals and guidelines adopted under Oregon Revised Statues; any federal or state statutes or regulations found applicable; and any applicable Metro regulations; and WHEREAS, the Tigard Planning Commission held a public hearing on May 16, 2011, and recommended approval of CPA2011- 00001/ZON2011 -00001 by motion with a vote of seven in favor and one abstension; and WHEREAS, the Tigard City Council held a public hearing on June 14, 2011, to consider the request for a quasi - judicial comprehensive plan and zone map amendment and determined that the amendments will not adversely affect the health, safety and welfare of the city and meet all applicable review criteria. ORDINANCE No. 11- 0 3 Page 1 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Comprehensive Plan Amendment (CPA2011- 00001) and Zone Change (ZON2011- 00001) are hereby approved by the City Council, subject to the condition of approval in the May 5, 2011 Staff Report to the Planning Commission. SECTION 2: The attached findings in the May 5, 2011 Staff Report to the Planning Commission are hereby adopted in explanation of the council's decision (Exhibit "A "). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By u /1 di / YY)OLS vote of a Council members present after being read by number and tide only, this ] Ai lay of , 2011. Q�u %�v 0 " "Iisi/ Catheri Y ne e atle , City Recorder ' L rM _ APPROVED: By Tigard City Council thi r day of 4/..//n :Q� , 2011. Dirksen, Mayor Appro ed as to form: -� \---le...-4-4.....4.....,- I/ • Attorney uM0 l a O/ l Date ORDINANCE No. 11- 0 3 Page 2 6rdrr aj co nJo Agenda Item: 5.1 Hearing Date: May 16, 2011 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON T I G A R D 120 DAYS =NA SECTION I. APPLICATION SUMMARY FILE NAME: WESTSIDE CHRISTIAN HIGH SCHOOL FILE NOS.: Comprehensive Plan Amendment CPA2011 -00001 Zone Change Amendment ZON2011 -00001 PROPOSAL: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan D nation and Zoning Map Classification for a single 7.44 -acre lot from Professional /Administrative Commercial (C -P) to Mixed -Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. If the request is approved, the applicant anticipates applying for a Conditional Use Permit and Site Development Review to redevelop the site and reuse the existing building. APPLICANT Andy Sears, Principal OWNER: City Bible Church Westside Christian High School 9200 NE Freemont Street 4565 Carman Drive Portland, OR 97220 Lake Oswego, OR 97035 -2574 LOCATION: The property is located at 8200 SW Pfaffle Street The site is bounded by SW Pfaffle on the north, Hwy 217 on west, and Pacific Hwy on the south; Washington County Tax Assessor's Map 1S136CC Tax Lot 100. CURRENT ZONE/ COMP. PLAN DESIGNATION: C -P: Professional /Administrative Commercial District. The C -P zoning district is designed to accommodate civic and business /professional services and compatible support services, e.g., convenience retail and personal services, restaurants, m close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units /net acre, i.e., equivalent to the R -40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C -P zoning district are intended to serve as a buffer between residential areas and more - intensive commercial and industrial areas. PROPOSED ZONE/ COMP. PLAN DESIGNATION: MUE: Mixed -Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1 -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units /acre, equivalent to the R -25 zoning distract. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011- 00001 /W STSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001 /WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 1 OF 17 transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intradistrict pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals: 1, Citizen Involvement; 2, Land Use Planning; 9, Economic Development; 10, Housing; 11, Public Facilities and Services; 12, Transportation; 13, Energy Conservation; Statewide Planning Goals 1, 2, 9, 10, 11, 12, and 13; and the Oregon State Transportation Planning Rule (TPR); SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change subject to the Findings in Section IV of this Staff Report and the following proposed condition of approval. CONDITION OF APPROVAL 1. The site shall be limited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Comprehensive Plan Amendment (CPA) with Transportation Planning Rule OAR 660- 012 -0060 analysis will be required to determine whether the limit can be revised or removed. The trip cap shall be implemented as a condition of approval on subsequent land use permits for proposed development and will be listed as a condition of approval in the ordinance adopting the zone change, if approved by the City Council. SECTION III. BACKGROUND INFORMATION Site History The subject 7.44 acre site is approximately 415 feet in width by 800 feet in length occupying a hill with a high elevation of approximately 245 feet and a low elevation of approximately 220 feet at both Pfaffle and Pacific Hwy. The site includes a filbert orchard and open lawn on the north with the existing building surrounded by parking at the center and high point of the property. Access is from SW Pfaffle. Staff reviewed the zoning history of the subject property utilizing old zoning maps and city records. The 1983 Comprehensive Plan and Zoning Map and all subsequent maps show the subject property designated Professional Commercial (C -P). The existing 38,000 single -story building was designed as a General Motors automotive training center that operated at the site until 2002. After being vacant for a number of years, the property was purchased by City Bible Church for its "217 Campus" satellite. The church planned a major renovation and expansion of the site in 2005 and received a Site Development Review permit (SDR2005- 00010) to construct two new 35,000 square foot commercial office build'uigs, a 1,000 -seat (41,000 sq. ft.) auditorium addition to the existing building, and 366 parking spaces. The church's entitlement has since expired. Except for a small pre - school program that operates weekday mornings, the church's activities are primarily Sunday- based. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011 -00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001 /WESI'SIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 2 OF 17 Vicinity Information The site (see figure below) is bounded by SW Pfaff le on the north, Hwy 217 and multi- family residential development on west, commercial development on the east, and SW Pacific Hwy on the south. Initially the adjacent properties west and east were also zoned C -P, but have since been rezoned to Medium -High Density Residential (R -25) on the west and General Commercial (C -G) on the southeast. North of SW Pfaffle there is an established low density residential neighborhood served by five streets from SW 79th to SW 84th Avenues. SW 82nd Avenue is located directly across Pfaffle from the subject site which terminates in a cul-de -sac serving seventeen residences. This neighborhood would be affected by increased traffic to the subject site. Increased use of Pfaffle can be expected resulting from a recent closure of vehicular access from SW Pacific Hwy on the south. With Pfaffle providing sole access to the subject site, increased impact to the intersections with SW Hall to the west and SW Pacific Hwy to the east, would be expected. NI* t A , z . gy p i s j am . T E L -A." 7-f lE— i � u . F A i * ;. rev.._ ,, v i z .- -.... , .... , . ,.: ,,,..... at :;:li • i Iii. ,fil" 5 `; a E.t.a/ ,,— 11 - - -.2; Ism I -..., 44 „- _ , , , 9 . I L ..3 pi., iMi III C - G °( D) . 7 l " 4 , /4, 1 ATLANTA *&#e"..- -- mow . riiirt co‘' Site Information and Proposal Description The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designation and Zoning Map Classification for a single 7.44 -acre lot from Professional /Administrative Commercial (C -P) to Mixed Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. Schools would be allowed as a conditional use in the MUE zone. The applicant states that if a zone is obtained for the site that permits the high school as a conditional use, Westside Christian High School CHS) proposes a major renovation of the existing building with two expansions: on the north side for additional classrooms (2,700 and in the southwest comer to provide a gymnasium, student commons and related facilities (20,000 gsf) ((Phase 1). At a later date, WCHS - hopes to add an auditorium in the southeast corner (13,600 gsf) (Phase 2). STAFF REPOR I"I'O THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC I'FARING CPA201l-00001/W ESTSIDE CHRISTIAN HIGI I SCHOOL COMPREHENSIVE PAN AMENDMENT ZON201 1- 00001 /WFSTSIDE CHRISTL'iN HIGH SCHOOL ZONE CHANGE PAGE 3 OF 17 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 govemed 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 on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject site from C -P to MUE also involves a comprehensive plan map amendment from Professional Commercial to Mixed Use Employment. Therefore, the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi - judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi - 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; APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES The City has an acknowledged Comprehensive Plan consistent with the statewide planning goals. Therefore, consistency with the applicable Comprehensive Plan goals and policies as addressed in this section of the staff report constitute consistency with the applicable statewide planning goals. The Transportation Planning Rule (TPR) OAR 660- 012 -0060 is applicable to this application and is addressed under the Transportation Goal, below. CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. l PP P p 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 February 7, 2011 in accordance with the City of Tigard 's neighborhood meeting notification process. According to the minutes of the neighborhood meeting contained in the record, 14 people attended. Discussion related primarily to expected traffic on SW Pfaffle and questions about the proposed school. In addition, the City mailed notice of the Planning Commission heating 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 '1'DC 18.390.050 for Type III Procedures. - These parties have the opportunity to attend the Planning Commission hearing and provide testimony. FINDING: As shown in the analysis above, the proposed comprehensive plan and zone change is consistent with the applicable Citizen Involvement Goal. LAND USE PLANNING Goal 2.1 Maintain an up-to -date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011- 00001 /WESfSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001 /WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 4 OF 17 Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Request for comments for the proposed zone change were sent to Department of Land Conservation and Development (DLCD), Metro, Washington County and Oregon Department of Transportation (ODOT). DLCD was provided the opportunity to comment and coordinate the application for the Post Acknowledgement Plan Amendment process per ORS 197.610. ODOT submitted comments on the proposal, which are included in their entirety under the Transportation Goal section, below. This policy is met. Policy 5. The City shall promote intense urban level development in Metro - designated Centers and Corridors, and employment and industrial areas. The 2040 Growth Concept, the region's 50 -year land use plan adopted in 1995 by Metro, identifies centers for compact urban development. It also protects existing neighborhoods and natural areas within the urban growth boundary as well as farm and forestlands outside of the boundary. The plan calls for high capacity transit service to support the identified centers, and facilitate travel between housing and employment centers. The 2035 Regional Transportation Plan (RTP), along with the 2040 Growth Concept, emphasizes the need to coordinate land use decision- making and transportation investment. These policies direct future projects to be developed as multimodal transportation and land use lanning efforts. State, Metro, and local policies and plans seek to promote the integration of land use transportation planning investment to promote dense, efficient, compact urban development in centers. The City of Tigard is currently engaged in a regional coordinated planning effort being referred to as the "Southwest Corridor Plan." The SW Corridor Plan is comprised of five separate plans. These include land use plans for the cities of Tigard, Tualatin, and Portland that are focused on identifying land uses to support future transit investments. In conjunction with these land use plans, Metro, ODOT, and TriMet are leading efforts specifically addressing multi -modal transportation analyses, needs, and solutions. The TGM: Tigard High Capacity Transit Corridor Land Use Plan (HCT Corridor Land Use Plan) will identify locations and land use characte for potential future high capacity transit (HCT) stations. The purpose of the HCT Corridor Land Use Plan is to help the Tigard community identify the best land use and development alternatives in a way that integrates transportation with land use planning, and supports Tigard s vision for the future. The HCT Corridor Land Use Plan is expected to be completed in 2012. One key principle and priority of the project is to inform current planning in Tigard to ensure that its land use designations and urban design principles will support future community, transit, and other transportation investments. The proposed up .zoning of the subject site, located within the Southwest corridor on Pacific Hwy, from C -P to MUE is in keeping with this policy as well as the visions for nearby Downtown Tigard to the southwest and the Tigard Triangle to the southeast. This policy is met. 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. The following excerpt from Table 18.520.1, Use Table: Commercial Zones shows a comparison of uses between the C -P and MUE zones where they differ. In sum, the proposed MUE zone permits a number of residential, civic, commercial, and industrial uses not currently permitted in the C - zone. Where no residential or industrial uses are permitted in the C -P zone, the MUE petmits multifamily residential (R- 25), light industrial, research and development, and some warehouse /freight movement. Civic uses are expanded in the MUE to include colleges, schools, and community recreation. Commercial uses such as commercial lodging, eating drinking establishments and sales oriented retail where limited to a percentage of permitted uses m the C -P, are permitted outright in the MUE. Only two uses, outdoor entertainment and heliports are permitted in the C -P but not in the MUE. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011- 00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001 /V6ESTSIDE CHRISTLAN HIGH SCHOOL ZONE CHANGE PAGE 5 OF 17 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES (Excerpt) USE CATEGORY C -P 1 MUE1 1 RESIDENTIAL Household Living R 1 R1 CIVIC(INSTITUTIONAL) Colleges N C Community Recreation N C Schools N C COMMERCIAL Commercial Lodging R1'41 P Eating and Drinking R1 P Establishments Outdoor Entertainment RI151 N Sales- Oriented RI RP2I Personal Services P R1 Repair- Oriented N R1 Bulk Sales N R1 Animal- Related N P Motor Vehicle N R1 Servicing /Repair INDUSTRIAL Light Industrial N RI Research and Development N RI Warehouse /Freight Movement N R12a1 OTHER Heliports C I N P= Permitted R= Restricted C= Conditional Use N =Not Permitted [14] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. [15] As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating /drinking establishments may not exceed more than 20% of the entire square footage within the development complex. [16] May not exceed 10% of the total square footage within an office complex. [20] All permitted and conditional uses subject to special development standards contained in Section18.520.050.C. [21] Multifamily residential, at 25 units /gross acre, allowed outright Pre- existing detached and attached single- fantily dwellings are permitted outright. [221 New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C -G at the time the MUE zoning district was adopted in the Tigard Triangle. 123] All activities associated with this use, except employee and customer parking, shall be contained within buildings. [24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. In addition, special limitations in the MUE zoning district (18.520.050.C) include: 1) a maximum floor area ratio (FAR) for all commercial and industrial use types and mixed -use developments shall not exceed 0.40, exempting residential use; and 2) on lots greater than three acres, general retail sales uses are limited to 30,000 square feet of gross leasable area plus one additional square foot of gross leasable area of general retail sales use for each additional four square feet of non - general retail sales use. The footnote restriction for certain commercial uses (note [22]) may not apply to the proposed zone change as the subject site is not located in either the Washington Square Regional Center or the Tigard Triangle. However, the 0.40 FAR limitation for all permitted MUE uses and the 30,000 square foot limitation for general retail use would apply to the subject site. Because these limitations do not apply to uses permitted in the C -P zone, some development types (applicant's medical office example) could result in less development potential under the MUE zone. Residential uses are not subject to the FAR limitation. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011- 00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011 - 00001 /W STSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 6 OF 17 The city wishes to 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. Notwithstanding the more limited build out potential of the site under the proposed MUE zone, the r ater variety of uses allowed (presumably of sufficient economic value underlymg their application to the d Triangle) will, in the case of this applicant, permit redevelopment of an underutilized development and site. This policy is met. Policy 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: C. Mixed use; The subject site is suited to mixed use zoning because of its location on SW Pacific Highway, a High - Capacity Transit Corridor, proximity to Downtown Tigard and the Tigard Triangle, and adjacency to Highway 217. The proposed MUE zone permits a number of residential, civic, commercial, and industrial uses not currently permitted in the C -P zone. Where no residential or industrial uses are permitted in the C -P zone, the 1vIUEpermits multifamily residential (R -25), light industrial, research and development, and some warehouse /freight movement. Civic uses are expanded in the MUE to include colleges, schools, and community recreation. Commercial uses such as commercial lodging, eating drinking establishments and sales oriented retail where limited to a percentage of permitted uses in the C -P, are permitted outright in the MUE. This policy is met. Policy 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: B. Land use compatibility; As shown in the excerpt from Table 18.520.1 above, additional uses would be permitted under the proposed comprehensive plan amendment and zone change request. Permitted uses under the new zone should be generally compatible with the existing uses in the area to approve the request. However, the goal speaks to tools that encourage land use compatibility for those uses otherwise allowed under the code. For example, the specific school use proposed for the subject site will be processed under a concurrent Conditional Use /Site Development Review. The conditional use review provides discretion by the hearings officer to adequately condition a proposal to be compatible with surrounding uses. This policy is met. E. Regulatory flexibility necessary for projects to adapt to site conditions. As noted above, the city has the opportunity to provide regulatory flexibility in the Conditional Use process that will apply to the specific use, a high school, proposed for the subject site, with additional flexibility providedby the process for Variances and Adjustments. This policy is met. 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. As shown in the findings in this staff report, the applicant's submittal demonstrates consistency with applicable criteria and requirements of the Tigard Development Code, Comprehensive Plan, and state agencies. This policy is 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. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011 -00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001 /W'ESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 7 OF 17 In Chapter III of the applicant's submittal, the applicant included a preliminary impact analysis to demonstrate that the proposed new zoning district, MUE, and proposed conditional use, a high school, will not unduly tax the public infrastructure system for water, sanitary sewer and stormwater disposal. To address the transportation impacts, the applicant proposes a trip cap for the site to ensure the proposed re- zoning will not exceed existing or future roadway capacity. The proposed trip cap is supported by ODOT as evidenced in their comment letter included under the Transportation Goal section, below. A detailed impact analysis for all of these types of infrastructure would be provided in the subsequent concurrent Conditional Use /Site Development Review applications. This policy will be 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. As noted above, the applicant requests that the city condition the approval of the requested re- zoning with a trip cap that does not exceed the total number of automobile trips associated with the most intense use, a medical/ office, allowed by tight in the existing C -P zone. With a condition of approval implementing a trip cap on the subject site, this policy is 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; As shown above in Table 18.520.1, the proposed Mixed Use Plan Designation would allow a number of residential, civic, commercial, and industrial uses not currently permitted in the C -P zone. The subject site is located on Pacific Hwy which is a designated transit corridor and a route for High Capacity Transit in the future. Mixed use zones would support the intensity and density of development needed to support the enhanced transit use. This policy is met. 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; As documented in the applicant's submittal in Chapter III pages 6 -8, an alternatives analysis finds that there are no alternative vacant sites of adequate size, appropriate zoning, availability, and development readiness within the Tigard city limits to accommodate the proposed 400 - student high school. The analysis evaluates 7 sites within the city limits between 3.7 and 12.5 acres in size. The applicant's suitability criteria included a site of at least 7.4 acres, available for sale or lease, and without major development constraints. As mentioned above, the proposed MUE zoning designation is more appropriate for the site in general given changes in surrounding areas and in keeping with the evolving vision for this portion of Tigard, including SW Pacific Highway as a High-Capacity Transit Corridor and redevelopment envisioned for Downtown Tigard and the Tigard Triangle to the west and east of the site, respectively. This policy is met. 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 fulfill The subject site does not include any overlay districts at present. Subsequent Conditional Use and /or Site Development Reviews would ensure development would comply with all applicable development code regulations. This policy can 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. The subject site is high ground in Tigard and does not contain any sensitive lands. Surrounding land uses include subject and medium residential, retail, office, and motor vehicle fuel sales. The range of uses permitted in the MUE zone would require Conditional Use and /or Site Development Review to ensure development would comply with all applicable development code regulations. 'I his policy can be met. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011- 00001 /VVESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001AVESTSIDE CHRISTLAN HIGH SCHOOL ZONE CHANGE PAGE 8 OF 17 G. Demonstration that the amendment does not detract from the viability of the City's natural systems. The subject site is high ground in Tigard and does not contain any sensitive lands. This policy is 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. The applicant has proposed, and ODOT has recommended a condition, to comply with the Transportation Planning Rule by implementing a trip cap to ensure development allowed under the MUE zone does surrounding not contribute any more taps to the surrounng transportation - facilities than is already allowed under the C -P zone. Given approval of the zone change, the applicant has stated they will apply for a conditional use permit to develop the specific school use on the site. Under this policy, the Planning Commission could recommend and City Council could approve a definite land use, such as the roposed school use, and specific design /development requirements, such as the proposed trip cap, and/or other uses or requirements for development if they determine through the hearings process that it would be appropriate to the site and adjacent development. Policy 17. The City may allow concurrent applications to amend the Comprehensive Plan /Zoning Map(s) and for development plan approval of a specific land use. Concurrent review is allowed but would occur subject the developer's risk in applying for concurrent review. The applicant represented that they would apply sequentially to avoid the nsk of losing substantial investment in specific land use reviews with the possibility of denial of the zone change. This policy is met. FINDING: As shown in the analysis above, the applicable Land Use goals and policies have been met. The Planning Commission could recommend and City Council could approve a definite land use and specific design /development requirements if they determine through the hearings process that it would be appropriate to the site and.adjacent development. ECONOMIC DEVELOPMENT Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 2. The City shall actively encourage businesses that provide family -wage jobs to start up, expand, or locate in Tigard. As indicated in the applicant's submittal, when it relocates to Tigard from Lake Oswego, WCHS will have a combined faculty /staff of 38 .full- and part -time employees, which will increase to 40 when the school reaches its maximum size of 400 students. As most of these employees are teachers and administrators, these jobs command family wages and full benefits. Recommendation by the Commission and approval by Council of the proposed zone change and comprehensive plan amendment would actively encourage WCHS to locate in Tigard, consistent with this pohcy. Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The applicant proposes a change in the zoning of the subject site to allow a school use. The standards in TDC 18.380 provide for amendments to the comprehensive plan and zoning map. Provided the standards for a zone change and map amendment can be met, and the required infrastructure is available as indicated in the transportation findings below, the school use may be accommodated, thereby promoting the anticipated development allowed by the comprehensive plan and zoning map amendment. This policy is met. Policy 5. The City shall promote well- designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011 -00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPRFHF.NSTVE PLAN AMENDMENT ZON2011- 00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 9 OF 17 The subject site is significantly under - utilized. The proposed re- zoning from C -P to MUE will permit the relocation of WCHS from Lake Oswego to Tigard. As noted above, the school plans to renovate the existing facilities extensively, expand the building footprint and make other site improvements including the landscaping of existing parking lots and creation of outdoor sports facilities. As a result, the use of the site will be extended throughout the work week in addition to the part -time use of the site by City Bible Church, which will remain a weekend tenant. The rezone and comprehensive plan amendment would facilitate redevelopment of underutilized commercial land, consistent with this policy. Policy 12. The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. The proposed MUE zone includes a full range of civic and institutional uses, including schools, which makes an important contribution to the community's livability. By approving the proposed re- zoning, the city will facilitate several things: 1) permit the re -use of an archaic building with few options for alternative use; 2) increase the intensity of use of an under- utilized site in a critical location; 3) upgrade the facility by adding additional landscaping and outdoor sports facilities; 4) provide additional potential transit riders among students, staff and faculty. This policy is met. Goal 9.3: Make Tigard a prosperous and desirable place to live and do business. Policy 1. The City shall focus a significant portion of future employment growth and high- density housing development in its Metro - designated Town Center Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. The subject site lies on the SW Pacific Highway Corridor between downtown Tigard to the west and Tigard subject to the east. By approving the proposed re- zoning request, the city will permit this partially - vacant, under- utilized site to redevelop. As noted above, the applicant states that the proposed high school will bring 38 new professional, family -wage jobs into Tigard, which will expand to as many as 40 such jobs when the school grows to its maximum student body of 400. This policy is met. 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. As noted in the policy statement, educational facilities contribute to the quality of community life. The proposed re- zoning will permit the subject site, which is partially vacant and significantly under - utilized, to be redeveloped for a high school with up to 400 students and 40 faculty /staff, in support of this policy. FINDING: As show in the analysis above, the applicable Economic Development goals and policies have been met. HOUSING Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5. The City shall provide for high and medium density housing in the areas such as town centers(Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future (SW Pacific Hwy). Although the purpose of this quasi - judicial request is to re -zone the subject site to allow its redevelopment for a high school, the proposed zoning designation, MUE, does permit housing at 25 units /acre, considered "medium high - density" in the city's Development Code, as an outright use. Should the high school close or be relocated, the site could redevelop to include housing, most likely in a mixed -use configuration with the vertical or horizontal mix of residential and nonresidential uses. Thus, re- zoning expands future housing options on the site, something that the current C -P zone does not permit. The allowed density in the MUE zone of 25 units /acre is consistent with the R -25 zoning immediately to the west. This policy is met. STAFF REPORT TO THE PLANNING COMMISSION . MAY 16, 2011 PUBLIC HEARING CPA2011- 00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 10 OF 17 Goal 10.2: Maintain a high level of residential livability. Policy 3. The City shall commit to improving and maintaining the quality of community life public safety, education, transportation, community design; a strong economy, parks and recreation, etc.) as the basis for sustaining a high - quality residential environment. As noted above, educational facilities are considered an important contribution to the community's quality of life and social fabric. Approving this request to re -zone the subject site from C -P, where schools are prohibited, to MUE, where schools are permitted conditionally, facilitates the redevelopment of the subject site for a 400 - student high school. This policy is met. Policy 7. The City shall insure that residential densities are appropriately related to locational characteristics and site conditions such as the presence of natural hazards and natural resources, availability of public facilities and services, and existing land use patterns. The proposed MUE zoning designation allows housing at a density of 25 units /acre by right. This is the appropriate density given that the apartment complex immediately to the west of the subject site is zoned R -25, the equivalent residential zone to MUE. At the same time, the MUE designation recognizes the subject site's critical location on SW Highway, a designated High - Capacity Transit Corridor, at the juncture of Highway 217 and between downtown Toga d and the Tigard Triangle. The zoning adjacent to the site to the south, east and west include C -G, MU-CBD and MUE, reflecting the city's intent to transition the area to a broader mix of uses at higher densities /intensities. This policy is met. 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. The proposed MUE zoning designation features the same maximum density, 25 units /acre, as the apartment complex immediately to the west. This policy is met. FINDING: As shown in the analysis above, the applicable Housing goals and policies have been met. PUBLIC FACILITIES Goal 1L4: Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. FINDING: The applicant has demonstrated through their alternatives analysis that the proposed MUE zone is needed to locate their school in the City of Tigard. To ensure maintenance of adequate transportation facilities for the proposed MUE zone the applicant has requested a trip cap be a condition of approval. ODOT and the city Development Review Engineer concur that the rezone conditioned by a trip cap would result in no significant effect on the transportation system as defined under Oregon's Transportation Planning Rule (see findings under Transportation Goal, below). This Goal is met. TRANSPORTATION Goal 12.1: Develop mutually supportive land use and transportation plans to enhance the livability of the community. Policy 5. The City shall develop plans for major transportation corridors and provide appropriate land uses in and adjacent to those corridors. The proposed rezoning from C -P to MUE would permit more intensive uses in close proximity to SW Pacific Hwy, an existing transit way. Expansion of this corridor to include High Capacity Transit (HCT), through planning processes currently underway, suggest that increased density and intensity of uses should apply to the subject site. Approval of the proposed zone change would provide appropriate land uses adjacent to the Pacific Hwy corridor. This Goal is met. STAFF REPORT TO THE PLANNING COMMISSION - MAX 16, 2011 PUBLIC HEARING CPA2011 -00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001 /WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 11 OF 17 Goal 12.5: Coordinate planning, development, operation, and maintenance of the transportation system with appropriate agencies. The Oregon Department of Transportation (ODOT) submitted the following comment letter dated April 26, 2011 (Attachment #4) for the proposed comprehensive plan amendment and zone change: We have reviewed the applicant's proposal to change the classification of a 7.44 acre lot from Professional /Administrative Commercial (C -P ) to Mixed -Use Employment (MUE). The site is adjacent to 99W and Highway 217. ODOT has jurisdiction of these State highway facilities and an interest in assuring that the proposed zone change /comprehensive plan amendment is consistent with the identified function, capacity and performance standard of these facilities. For zone changes and comprehensive plan amendments, local governments must make a' finding that the proposed amendment complies with the Transportation Planning Rule (TPR), OAR 660-012-0060. There must be substantial evidence in the record to either make a finding of "no significant effect" on the transportation system, or if there is a significant effect, require assurance that the land uses to be allowed are consistent with the identified function, capacity, and performance standard of the transportation facility. After reviewing the applicant's proposal and associated TPR Analysis prepared by Lancaster Engineering dated February 10, 2011, we have determined that while the zone change has the potential to have a signii'icant effect on the transportation system, the applicant's proposed trip cap can accommodate the trips generated by the intended school use and allow the city to make a finding of no significant effect. The applicant's TPR analysis shows a comparison between a Medical /Dental office allowed outright under the proposed zoning /comp plan designation with a larger Medical /Dental office allowed outright under the existing zoning /comprehensive plan designation (this is commonly referred to as the "reasonable worst case" traffic analysis). ODOT did not have the opportunity to review and concur with the mix of land uses and square footage used for the , "reasonable worst case" traffic analysis for both existing and proposed zoning. Although the flexibility inherent in the MUE district makes determining a reasonable worst case mix of uses difficult, after consulting with city staff, ODOT has determined that the MUE zoning allows a broad range of uses (particularly retail and eating and drinking establishments) that could reasonably generate more trips than the existing zoning. In addition, the FAR and maximum retail use restrictions on the MUE zone are not sufficient to determine that there will not be a significant effect when compared to the restrictions on the C -P zone. Nevertheless, ODOT and the city concur with the applicant's proposal to limit the trips allowed under the proposed zoning to the amount generated by a Medical /Dental office building as allowed under the existing zoning. This trip cap can accommodate the intended conditional school use while placing a reasonable limit on trip generation for allowed uses should this parcel redevelop in the future. In order to ensure that the zone change will not result in a significant effect upon State facilities, ODOT requests that the City of Tigard condition a trip cap to be placed on the zone change: A condition of this zone change is that the site is limited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Plan Amendment with Transportation Planning Rule OAR 660- 012 -0060 analysis will be required to determine whether the limit can be revised or removed. It is important that any proposal to allow more trips be addressed in the Plan Amendment process and will trigger a new evaluation of TPR compatibility at that time to determine whether or not the new proposal will have a significant effect on State highway facilities and the limit can be revised or removed. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011 -00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001 /WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 12 OF 17 ODOT is supportive of the city's efforts to implement transit supportive zoning in this corridor. Based on this proposal as well as the previous Knoll development, ODOT recommends that the city review their mixed use zones to ensure that land use implementation is reflective of the city's vision. In the current case, while there are some restrictions on the MUE zone, we encourage the city to consider additional measures such as limiting drive- through uses, parking maximums, and more clarification of the type of retail intended for this zone. The Knoll zone change showed that the MUR -1 zone allows development density far greater than the approved 49 unit apartment complex and could generate significantly more trips than the 300 daily trips assumed. Both cases show that trip generation under the mixed use zones is difficult to determine and neither zone change has been proposed with a mixed use development in mind. ODOT will continue to work with the city and Metro to refine the code in the HCT corridor and Town Center. Note: The applicant's preliminary site plan shows an emergency access directly across from the highway 217 ramp terminal. No access can be approved in this vicinity due to safety concerns and state rules (OAR 734.51). As identified in the ODOT comment letter and concurred on by the city Development Review Engineer, limiting trip generation to that allowed under the existing C-P zone, as shown in the Lancaster Engineering analysis dated February 10, 2011 (373 a.m. peak hour trips and 561 p.m. peak hour trips), would avoid a significant effect finding. Approval of the proposed code amendment would comply with the Transportation Planning Rule, OAR 660 - 012 - 0060. The city's request for comment, staff consultation between ODOT and the city, and incorporation of ODOT comments and recommendations within the staff report to the Planning Commission constitute a coordinated approach to planning, development, operation, and maintenance of the transportation system with appropriate agencies. This goal is met. FINDING: As shown in the analysis above, with the requirement of the following condition of approval, the applicable Transportation goals and policies are met. CONDITION: The site shall be limited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Plan Amendment with Transportation Planning Rule OAR. 660 - 012 -0060 analysis will be required to determine whether the limit can be revised or removed. This condition shall be a condition of any land use decision on the subject property. ENERGY Goal 13.1: Reduce energy consumption. Policy 1. The City shall promote the reduction of energy consumption associated with vehicle miles traveled through: A. Land use patterns that reduce dependency on the automobile. Up- zoning the subject site from C -P to MUE per this request will permit a broader range of land uses, if not more potential intensity, due to the FAR limitation of the zone. The potential mix of - uses can facilitate intradistnct pedestrian and transit trips and support alternative modes of transportation. The proposal to redevelop the site for a 400 - student high school will intensify the use of this under- utilized site and potentially increase use of transit. However, the full benefits of the MUE zone may not be realized until the site included a mix of uses. This policy is met. B. Public transit that is reliable, connected, and efficient. The SW Pacific Highway Corridor alread is well - served by bus transit and will be even better served if the corridor is selected for the extension of • ht Rail Transit (LRT). The proposed up- zoning of the site will provide a significant number of potential transit riders to support the maintenance and expansion of transit service. This policy is met. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011 -00001 / WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001 /WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 13 OF 17 FINDING: As shown in the analysis above, the applicable Energy goals and policies are met. FINDING: Pursuant to 1 8.380.030. B.1, and as shown in the analysis above, the proposed zone change and comprehensive plan map amendment comply with, or have been conditioned to comply with, all applicable comprehensive plan goals and policies. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and Note: During review for this staff report, staff discovered several errors in the code and inconsistencies between the zone descriptions for the C -P and MUE zones and the Use Tables 18.510.1 (Residential) and 18.520.1 (Commercial). A finding is provided here to address those inconsistencies pertaining to the subject request 1) Table 18.510.1 Use Table, Residential Zoning Districts, erroneously carries a footnote [13], which correctly applies to "Major Event Entertainment" but not to "Schools." 2) The List of Zoning Districts (18.520.020) includes zone descriptions for each zone. The description for C-P includes outdated language referring to residential use on Triangle properties zoned C -P prior to the change to MUE in 1997(Ord. 97 -02). The Use Table 18.520.1 shows "R' under C -P for ' Household Living" when it should be changed to "N ". There is no residential use permitted in the C -P zone. 3) The description for the MUE zone includes "religious institutions" as a conditional use, "C ". However, the Use Table 18.520.1 shows that use as permitted, "P ". Ordinance 09 -13 amended Table 18.520.1, but did not amend the description, resulting in the inconsistency. Therefore, in this case the Table governs. "Religious institutions" are permitted outright in the MUE zone. To address needed changes to the code to correct these inconsistencies an item has been added to the Development Code Database to flag review under the Regulatory Improvement Initiative. For the purposes of the proposed comprehensive plan amendment and zone change, the applicant has satisfactorily addressed the applicable Sections of Chapter 18.380, Zoning Map and Text Amendments, of the Tigard Development Code. The standards of Chapter 18.390.050 for Type III -PC procedures are applicable to this proposal, as identified in18.380.030. The applicant has submitted an Impact Statement as required under 18.390.050.B.e. Potential impacts to the transportation system have been addressed under the Transportation goal, above. The proposed comprehensive plan amendment and zone change do not include a specific development proposal at this time. However, the applicant states that if a zone c is obtained for the site that permits the high school as a conditional use, Westside Christian High School CHS) proposes a major renovation of the existing building with two expansions: on the north side for additional classrooms ((2,_700 gsf) and in the southwest comer to provide a gymnasium, student commons and related facilities (20,000 gsf) (Phase 1). At a later date, WCHS hopes to add an auditorium in the southeast corner (13,600 gsf) (Phase 2). See Figure II -5 in the applicant's submittal (Attachment #3) for a proposed development site plan. Any proposed development must meet all of the applicable Tigard Development Code standards in effect at the time an application is submitted. FINDING: As shown in the analysis above, the proposed comprehensive map and zone change amendment is consistent with the applicable standards of the Tigard Development Code. 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. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011 -00001 /WESISIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 14 OF 17 As the applicant points out, since the last Comprehensive Plan Map was adopted, the segment of SW Pacific Highway on which the subject site is located has been designated in the Metro 2040 Growth Management Plan Concept as a "Corridor" design type and in the Regional Transportation Plan (RTP) as a "High - Capacity Transit Corridor ". In addition, Metro has designated the corridor as the next priority for the extension of light rail transit (LRT) from downtown Portland to Sherwood. Although detailed land use and transportation planning for the corridor is just beginning, the city envisions up- zoning of sites along the corridor to increase the mix of uses, including residential, retail, office, industrial, institutional and civic activities, and development density/intensity to support transit. Significant redevelopment of Downtown Tigard as a Metro - designated "Town Center ", and likely extension of that designation to include the Tigard Triangle, is planned. Together, these planning actions represent change in the neighborhood of the subject site and the community. FINDING: The proposal demonstrates that there is evidence of change in the neighborhood and community. Long -range . planning for the neighborhood of the subject site is toward higher density and an increase in mixed use. The proposed rezone would be consistent with this direction as the MUE zone permits a wider range of civic, commercial, and industrial uses and introduces residential use (Medium -High Density) not permitted in the existing C -P zone. The proposal is consistent with this standard for zone changes. 18.380.030.0 Conditions of approval. A quasi- judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050. A legislative decision may be approved or denied. FINDING: The land use action requested is quasi - judicial as it is limited to a specific parcel and does not apply generally across the city. Therefore, the Planning Commission recommendation to Council may be for denial, approval, or approval with conditions. SECTION V. OUTSIDE AGENCY AND ADDITIONAL .CITY STAFF COMMENTS ODOT, Metro, LCDC, and Washington County were notified and requested to comment on the subject proposal. Of these agencies, only ODOT provided comment. Oregon Department of Transportation (ODOT) commented on the proposal, whose comments are included under the Transportation goal section of this staff report. Clean Water Services (CWS) processed a Sensitive Area Pre- Screening Assessment (File No. 11- 000250) stating that the proposal does not meet the definition of development. An earlier CWS Assessment (05- 004310) indicated that sensitive areas do not appear to exist on site or within 200 feet of the site. The City of Tigard's Development Review Engineer reviewed the proposal and provided information, which is included in the findings for the Transportation section of the staff report. SECTION VI. STAFF ANALYSIS, CONCLUSION, AND RECOMMENDATION ANALYSIS: Zone Change Request The applicant has requested a zone change on the subject site in order to permit a school use not permitted under the current C -P zone. The applicant's alternative analysis showed few options suitable for locating the Westside Christian High School (WCHS) that offered vacant sites of adequate size, appropriate zoning, availability, and development readiness within the Tigard city limits to accommodate the proposed 400 - student high school. The analysis evaluates 7 sites within the city limits between 3.7 and 12.5 acres in size. The applicant's suitability criteria included a site of at least 7.4 acres, available for sale or lease, and without major development constraints. The subject site meets the applicant's suitability criteria, provided a zone change can be approved. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011 -00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001 /WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 15 OF 17 Land Use Zone Analysis Schools are conditionally permitted in all residential and mixed use zones and are permitted outright in the MU -CBD zone. Given the characteristics of the zone and circumstances of the subject site, staff believes the MUE zone would be the most applicable zone to allow the school use and to address long range land use and transportation planning. 1) The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle. At the time the Tigard Triangle District was adopted, the MUE zoned lands were zoned C -P. The subject site is located adjacent to one of the three boundary roads that make up the Triangle. Unlike other mixed use zones, the code's MUE description explicitly anticipates the application of the MUE zone "elsewhere in the city through the legislative process.' 2) The MUE zone is compatible with adjacent uses. The adjacent zones include Medium-High Density Residential (R -25) on the west, General Commercial (C -G) on the southeast and Professional Commercial (C -P) on the northeast. Low Density Residential (R -4.5) is across SW Pfaffle Street to the north. The adjacent properties are built out with multifamily housing on the west and commercial and office uses on the east. The MUE zone permits multifamily residential at 25 units /acre consistent with residential densities to the west. The MUE permits a range of other uses not permitted in the C -P including: light industrial and research and development (restricted to interior locations) and some warehouse /freight movement; civic uses are MUE in the UE to include colleges, schools, and community recreation; commercial uses such as commercial lodging, eating drinking establishments and sales oriented retail (where limited to a percentage of permitted uses in the C -P) are permitted outright in the MUE. Mixed use development is difficult to predict both in terms of how uses might be mixed and which uses would be mixed. Complicating factors for development include the high visibility of the site's hilltop location to Pacific Hwy and Hwy. 217 but access to the site from Pfaffle only. Reuse or redevelopment of the existing development on the site is both an opportunity (for the applicant) and potentially a limitation to development of mixed uses on the site, at least in the near term. 3) The Pacific H High Capacity Corridor Planning process is designed to integrate land use planning and transportation/transit planning. This proposed rezone comes in advance of any recommendations that may result from the HCT process and plan for rezoning along the corridor, and this site in particular. However, it is likely that mixed use zoning will be applicable to the site given the potential for mixed uses to facilitate intradistrict pedestrian and transit trips and support alternative modes of transportation. 4) Other mixed use zones are geographically specific or are less compatible to the site: MU -CBD applies to the Tigard Town Center which terminates west of Hwy 217; MUC -1 applies to the Durham Quarry area; MUE-1/MUE-2, MUR -1 /MUR -2, and MUC are tied to the Washington Square Regional Center and are subject to the Center's development standards. There is no prohibition in the code to prevent the more appropriate of these zones (arguably MUR -2) being applied to the subject site, but they lack the MUE zone's explicit direction for "application elsewhere in the city." 5) The applicant hopes to keep City Bible Church as a tenant on sale of the property. The MUE zone continues to permit religious institutions outright. • Transportation Planning Rule ODOT is supportive of the city's efforts to implement transit supportive zoning in this corridor. As identified in the ODOT comment letter and concurred on by the city Development Review Engineer, limiting trip generation (as proposed by the applicant) to that allowed under the existing C -P zone, as shown in the Lancaster Engineering analysis dated February 10, 2011 (373 a.m. peak hour trips and 561 p.m. peak hour trips), would avoid a significant effect finding. STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA201 t -00001 /WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN .SIENDMENT ZON2011- 00001 /WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 16 OF 17 Outstanding Issues Currently, application of the MUE zone carries with it the 1) 0.40 FAR limitations for commercial and indus use types and 2) the 30,000 square foot limitation for general retail use. Because these limitations do not apply to uses permitted in the C -P zone, some commercial uses could result in less development potential under the MUE zone. Residential uses are not subject to the FAR limitation. The limit on intensity of uses within the Southwest Corridor Study Area is under review and may be adjusted at some point in the years ahead based on a number of factors including revised mobility standards for the corridor. Also, new zoning for station area plans may not use the MUE zone and avoid any potential conflict. ODOT commented that recent mixed use zone changes have not had mixed uses in mind in the case of the Knoll apartments and WCHS and asks that the city review the mixed use zones to ensure that land use implementation is reflective of the city's vision. Additionally, ODOT suggests the city consider additional measures such as limiting drive- through uses, parking maximums, and more clarification of the type of retail intended for this zone. The applicant's relirninary site plan shows an emergency access directly across from the Highway 217 ramp terminal. ODOT has commented that no access can be approved in this vicinity due to safety concerns and state rules (OAR 734.51). CONCLUSION: Based on the foregoing findings and analysis, staff finds that the proposed comprehensive plan map and zone change amendments are consistent with applicable provisions of the Tigard Comprehensive Plan, Tigard Development Code, statewide planning goals and the Transportation Planning Rule, and provides evidence of change in the neighborhood as it relates to the property which is the subject of the development application. RECOMMENDATION: . Staff recommends that the Planning Commission recommend to City Council approval of the proposed comprehensive plan map and zone change amendments with the following condition of approval and any others they deem appropriate through the public hearing process: Recommended Condition of Approval The site shall be limited to a maximum of 373 a.m. eak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Comprehensive Plan Amendment (CPA) with Transportation Planning Rule OAR 660 -012 -0060 analysis will be required to determine whether the limit can be revised or removed. The trip cap shall be implemented as a condition of approval on subsequent land use permits for proposed developpwent and will be listed as a condition of approval in the ordinance adoptin the zone change, if a. proved by the City Council. ...... • e May 5. 2011 PREPARED ary Pagenstecher DATE A ssociate Planner P i l ' 4 T-glet / May 5.2011 APPROVED BY: Ron Bunch y DATE Community Development Director E xhibits A. Vicinity Map B. Current Zoning Map C. Preliminary Site Plan D. 4/26/11 Letter from ODOT STAFF REPORT TO THE PLANNING COMMISSION - MAY 16, 2011 PUBLIC HEARING CPA2011- 00001 /WESTSIDE CI- IRISTLAN HIGH SCHOOL. COMPREHENSIVE PLAN AMENDMENT ZON2011- 00001 /V4ESTSIDE CI•IRISTLIN HIGH SCHOOL ZONE CHANGE PAGE 17 OF 17 EXHIBIT A FIGURE 11 -1 VICINITY MAP 1 i b ! d 1 if E 5 } 3 ;c1" es 5�+ A SW Spruc Irk( u�iVS 4 v SW Thom Si .,W t. 5• SW WOW ..1 $ SW Stove St S a tn g * g t: til rit t V at do SW PUS* SI sw Plat* St Q + c . M el rz i (.0 T * rt ( > 1 ,� 5 0 c f i d e) I. ;... v z+ .r, r 4. .411t4 0, Sly Dana S . , . _.. ...nnn PI , 9 '8i(@ - data 9311 EXHIBIT B FIGURE 11 -2 ZONING MAP ,.--, e _ - _ R-12 (PD) C -P _ S C -P •12 C -G 3513ti _ 02101 C - G (PD) Y '4"2' .*7 ..__,__________________________________ . 1 LE \--______, = ' ti V f "' ' ' -. 4- ' 04••..': ...i'.` ".. • "Al - -.74 : Jet i P NEW WESTIODE OFOgarto, NW SCHOOL r4L . w it, d&s,- .;:?''':°. ( '''''') \ :__ . . Mil I•1I■•- k.,,.. -= \ , ..../ ///".."---... \ '''' � � i I. ....., ‘ c ,,,_,c i _. t .4 • • NEW WESTSIDE CHRISTIAN HIGH SCHOOL /, ,.. a; W CEE CH HIGH SCHOOL =- MARA OR Fli • EXHIBIT D Department of Transportation Region 1 Headquarters , ' Oregon 123 NW Flanders Street y` Portland, OR 97209 (503) 731.8200 John A. Hitzhaber, MD, Governor FAX (503) 731.8531 4/26/11 City of Tigard Planning Division 13125 SW Hall Blvd Tigard, OR 97223 ATTN: Gary Pagenstecher, Associate Planner RE: CPA2011- 00001/ZON2011- 00001: Pacific Highway (99W) and Highway 217 We have reviewed the applicant's proposal to change the classification of a 7.44 acre lot from Professional /Administrative Commercial (C -P) to Mixed -Use Employment (MUE). The site is adjacent to 99W and Highway 217. ODOT has jurisdiction of these State highway facilities and an interest in assuring that the proposed zone change /comprehensive plan amendment is consistent with the identified function, capacity and performance standard of these facilities. For zone changes and comprehensive plan amendments, local governments must make a finding that the proposed amendment complies with the Transportation Planning Rule (TPR), OAR 660- 012 -0060. There m ust be substantial evidence in the record to either make a finding of "no significant effect" on the transportation system, or if there is a significant effect, require assurance that the land uses to be allowed are consistent with the identified function, capacity, and performance standard of the transportation facility. After reviewing the applicant's proposal and associated TPR Analysis prepared by Lancaster Engineering dated February 10, 2011, we have determined that while the zone change has the potential to have a si gnificant effect on the transportation system, the applicant's proposed trip cap can accommodate the trips generated by the intended school use and allow the City to make a finding of no significant effect. The applicant's TPR analysis shows a comparison between a Medical/Dental office allowed outright under the proposed zoning /comp plan designation with a larger Medical /Dental office allowed outright under the existing zoning /comprehensive plan designation (this is c ommonly referred to as the "reasonable worst case" traffic analysis). ODOT did not have the opportunity to review and concur with the mix of land uses and square footage used for the "reasonable worst case" traffic analysis for both existing and proposed zoning. Although the flexibility inherent in the MUE district makes determining a reasonable worst case mix of uses difficult, after consulting with City staff, ODOT has determined that the MU E zoning allows a broad range of uses (particularly retail and eating and d rinking establishments) that could reasonably generate more trips than the existing zoning. In addition, the FAR and maximum retail use restrictions on the MUE zone are not sufficient to determine that there will not be a significant effect when compared to the restrictions on the C -P zone. Nevertheless, ODOT and the City concur with the applicant's proposal to lim it the trips allowed under the proposed zoning to the amount generated by a Medical /Dental office building as allowed under the existing zoning. This trip cap can accommodate the intended conditional school use while placing a reasonable lim it on trip generation for allowed uses should this parcel redevelop in the future. In order to ensure that the zone change will not result in a significant effect upon State facilities, ODOT requests that the City of Tigard condition a trip cap to be placed on the zone change: A condition of this zone change is that the site is I imited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Plan Amendment with Transportation Planning Rule OAR 660- 012 -0060 analysis will be required to determine whether the limit can be revised or removed. It is important that any proposal to allow more trips be addressed in the Plan Amendment process and will trigger a new evaluation of TPR compatibility at that time to determine whether or not the new proposal will have a significant effect on State highway facilities and the limit can be revised or removed. ODOT is supportive of the City's efforts to implement transit supportive zoning in this corridor. Based on this proposal as well as the previous Knoll development, ODOT recommends that the City review their mixed use zones to ensure that land use implementation is reflective of the City's vision. In the current case, while there are some restrictions on the MUE zone, we encourage the City to consider additional measures such as limiting drive - through uses, parking maximums, and more clarification of the type of retail intended for this zone. The Knoll zone change showed that the MUR -1 zone allows development density far greater than the approved 49 unit apartment complex and could generate significantly more trips than the 300 daily trips assumed. Both cases show that trip generation under the mixed use zones is difficult to determine and neither zone change has been proposed with a mixed use development in mind. ODOT will continue to work with the City and Metro to refine the code in the HCT corridor and Town Center. Note: The applicant's preliminary site plan shows an emergency access directly across from the highway 217 ramp terminal. No access can be approved in this vicinity due to safety concerns and state rules (OAR 734.51). Thank you for providing ODOT the opportunity to participate in this land use review. If you have any further questions regarding this matter, please contact me at 503 - 731 -8234. Sincerely, Seth Brumley Development Review Planner C: Kirsten Pennington, ODOT Region 1 Planning Manager Marah Danielson, ODOT Region 1 Planning Doug Baumgartner, ODOT Region 1 Traffic