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City Council Minutes - 02/24/2009 Agenda Item No. : . ®' City Of Tigard Meeting of Coq Tigard Bus ine s s Meeting — Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD(LCRB) CITY CENTER DEVELOPMENT AGENCY(CCDA) MEETING DATE: February 24,2009 MEETING TIME/LOCATION: 5:30 p.m.- Dinner/Joint Meeting with Tualatin Valley Fire&Rescue Board of Directors at TVF&R Station 50, 12617 SW Walnut Street,Tigard,OR 97223 7:30 p.m.- Business Meeting at City of Tigard Town Hall, 13125 SW Hall Blvd., Tigard,OR 97223 7:30:28 PM 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council, Local Contract Review Board & City Center Development Agency meeting to order. Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Sherwood ✓ 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION • Chamber of Commerce Representative: Not present • Follow-up to Previous Citizen Communication: None • Citizen Sign Up Sheet: None TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 1 of 21 7:32:13 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: (Tigard City Council,Local Contract Review Board and City Center Development Agency) 3.1 Approve Council Minutes for January 20,2009 3.2 Re-appoint Rick Parker to the Budget Committee and Dan Goodrich as an alternate member Resolution No. 09-11 A RESOLUTION APPOINTING RICK PARKER TO THE BUDGET COMMITTEE AND APPOINTING DAN GOODRICH AS AN ALTERNATE MEMBER OF THE BUDGET COMMITTEE 3.3 Re-appoint Rick Parker to the City Center Development Agency Budget Committee and Dan Goodrich as an alternate member CCDA Resolution No.09-01 A RESOLUTION APPOINTING RICK PARKER TO THE BUDGET COMMITTEE AND APPOINTING DAN GOODRICH AS AN ALTERNATE MEMBER OF THE BUDGET COMMITTEE 3.4 Extend the Incentives to Annex until February 2010 Resolution No.09-12 A RESOLUTION AMENDING RESOLUTION No. 07-13 TO EXTEND THE INCE NIT VE S FOR VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2010 3.5 Local Contract Review Board: Award Water Division Engineering Contract Motion by Councilor Buehner,seconded by Councilor Sherwood,to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Sherwood Yes • City Manager Prosser advised that Agenda Item No. 7 was set over to March 10,2009. TIGARD CITYCOUNCIL/LCRB/CCDAMINUTES- February 24, 2009 city o�f _ � . . Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 21 7:33:33 PM 4 QUASI-JUDICIAL PUBLIC HEARING— FIELDS COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00008/ZONE CHANGE (ZON) 2008- 00002- FIELDS PLAN &MAP CHANGE- REQUEST: The applicant is requesting amendments to the Comprehensive Plan and Zoning Maps to change the Comprehensive Plan Designation and Zoning Classification for one parcel(approximately 25 acres) from Light Industrial(I-L) to Medium High Density Residential(R-25). The parcel is located east of Hall Boulevard at the dead end of Wall Street. Surrounding properties are zoned I-L to the north and south,R 12 to the west,and I-P to the east across the railroad tracks. LOCATION: The site is vacant and has no address. It is located east of the Hall Boulevard and Wall Street intersection,east of Fanno Creek and west of the railroad tracks. Washington County Tax Assessor's Map 2S10100,Tax Lot 1200. ZONES: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service,manufacturing and production,research and development,warehousing and freight movement, and wholesale sales activities with few,if any,nuisance characteristics such as noise,glare,odor,and vibration. R-25:Medium I-Jigh-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi- family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses is permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Light Industrial to Medium-High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390;Comprehensive Plan Goals 1,2,6,7,9,&10 of the updated Comprehensive Plan,and Policies 3 and 8 of the previous Comprehensive Plan;Metro Functional Plan,Titles 3,4,7,and 13,and Statewide Planning Goals 1,2, 5,6,7,9, 10, 11,and 12. 7:34:3 3 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the Hearing Procedure Statement. C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? None - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - 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? There were no challenges. d. Staff Report: Community Development Department Associate Planner Caines presented the staff report. Highlights are as follows: • Applicant has requested a zone change from light industrial to medium-high residential R-25, on a site of approximately 25 acres. • Referenced a map identifying the site. • Referenced the zoning surrounding the site. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223~F 503-639-4171 ., www.tigard-or.gov Page 3 of 21 • At the Planning Commission hearing held January 26,2009,the Planning Commission recommended to deny the Comprehensive Plan map amendment and the zone map amendment, based on the findings contained in the staff report. • Staff finds the application is inconsistent with several of Tigard's Comprehensive Plan policies and goals. o Inconsistent with Goal No. 9,Economic Development. Rezoning this site from light industrial to R 25,the City of Tigard would lose the opportunity to create family wage Jobs on this site. There is a limited amount of vacant industrial land in the City of Tigard,with little opportunity to create more land that is industrial. o This site has approximately 17.64 acres of after the removal of the Sensitive Lands area. o Re-designating this site to R-25 would eliminate 72 percent of the City's light industrial land, leaving the remaining 6.87 acres of light industrial spread among 10 other sites. o Inconsistent with Policy 15,under the Land Use Planning Goal 2.1,which outlines the criteria for a Comprehensive Plan and Zoning Amendment. o The new use proposed should fulfill a proven community need and demonstrate there is an adequate amount of developable land for the proposed land use. Tigard currently meets its housing capacity goals. Several other areas in the City can help attain those goals;i.e.,the Tigard Triangle,Downtown, and the Washington Square Regional Center. o The site is separated from the properties to the east by Fanno Creek This creates a problem with access. The applicant has proposed to extend Wall Street across Fanno Creek to this site. The applicant has applied concurrently with this application for another Comprehensive Plan amendment to allow them to remove the protection from the significant wetlands on the site and to do a sensitive lands review to construct this extension of Wall Street to the site. The application was withdrawn by the applicant for the Wall Street extension because it had expired as regulated by state statutes. Staff understands the applicant intends to reapply. One of the criteria for approving this Comprehensive Plan amendment and zone change is that transportation and other facilities must be committed to be available or of sufficient capacity to serve the proposed used. At this point, it is not clear whether these facilities will be in place, whether the site is developed as industrial or residential. • Before the Planning Commission, the applicant argued that the property is ill suited for industrial use. There was one conceptual plan presented with the application,showing an intense industrial use with a lot of truck traffic and outdoor storage of materials. Many industrial uses that could be developed on the site would not need as much space or rely as much on truck traffic. • While the site is located near residential areas,there is a natural buffer between the residential areas and the developable portion of the site. • The developable area of the site is located closer to the railroad tracks and the industrial properties to the north and east. • At the Planning Commission,there was a suggestion to look at rezoning this through the legislative process rather than the quasi-judicial process,which would allow for a review of what the consequences might be for this rezone. Another zone might be better than light industrial or R-25 based on the periodic review and the economic opportunity analysis. Councilor Buchner said the potential for flooding would be more critical within a residential area than an industrial area. She asked this to be delineated and if there has been flooding in this area. Associate Planner Caines referred to the map,which shows the general outline of the floodplain. The developable portion would be outside of the floodplain. If the site was zoned industrial,the TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page 4 of 21 floodplain can be developed under the Tigard Development Code in the industrial zone, but not in a residential zone. Site access would need to be constructed so there would be access in a flood event for emergency purposes. If this site were developed as residential,depending on the number of units, more than one access might be required. 7:48:53 PM Associate Planner Caines referred to and summarized a letter received today from Metro from Regional Planner Tim O'Brien. A copy of this February 24,2009,letter is filed in the City Recorder's office. • Mr. O'Brien states the proposal is not in conflict with Title 4 of the Functional Plan; however,the purpose of Title 4 is to protect industrial land. • Mr. O'Brien refers to Title 1,which are the requirements for housing and employment accommodation. The City of Tigard complies with their job capacity goal in 1999. Associate Planner Caines said from the evidence we now have from 2009 in the periodic review evaluation,the City of Tigard has not been growing at a rate to reach the goal of 17,801 jobs before the year 2017. City of Tigard staff does not believe the City will comply with Title 1. 7:51:08 PM Community Development Director Bunch commented on Metro Title 1. If the applicant's request for rezoning is approved,the City would have to look elsewhere to transfer employment to comply with Title 1 of the Metro Functional Plan. 7:52:56 PM Council President Wilson asked if a commercially designated zone was considered "employment." Community Development Director Bunch said,yes. Council President Wilson said he would assume we have far more employment land than Sherwood, Lake Oswego, or other cities. How did Metro arrive at the employment target numbers? Community Development Director Bunch advised the City arrived at these numbers by working with Metro and examining the City's existing lands to set the number. The assumption was that we were going to have much higher densities in other areas. The City is growing more slowly and a great proportion of the land available for employment uses have been used up. Absent having more land or having the ability to leverage in higher density employment uses,the City would not meet this target number. The City can work these things out with Metro through the periodic review or post-acknowledgement process. Without obtaining a new employment number on the Title 1 chart,the City will be in non-compliance if this property is rezoned. 7:55:13 PM Council President Wilson said he understood that the Clean Water Services buffer comes from the top of the bank or the edge of wetlands. Associate Planner Caines confirmed this was correct. Council President Wilson asked if this site has been delineated; do we know where the wetlands are? Associate Planner Caines advised this is data from inventories from Metro and Clean Water Services. Council President Wilson asked if it was conceivable that there are wetlands present not identified. Associate Planner Caines said that was correct;that is,there could be more or less wetland area. Council President Wilson asked if floodplain areas could be used for parking. Associate Planner Caines said yes in commercial and industrial zones. No development or landform alteration in the floodplain is allowed in residential zones. TIGARD CITY COUNCIL/LCRB/CCDAMINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 _ 503-639-4171 1R www.tigard-or.gov I Page 5 of 21 7:56:44 PM In response to a question from Mayor Dirksen,Associate Planner Caines said a comment letter had been received from DUD. In this letter,the DUD staff said the application did not comply with Goal 9,the Economic Development Goal. 7:57:18 PM e. Public Testimony Applicant: Phil Grillo,Attorney,Miller Nash, 111 SW Fifth Avenue,Portland, OR 97204 facilitated the applicant's testimony. The applicant and applicant's representatives referred to a PowerPoint slide presentation throughout their remarks;this presentation is on file in the City Recorder's office. Comments included: • Mr. Fred Fields gave an overview of the history of the property. An outline of this history is contained in the presentation materials. • Mr. Grillo introduced Will Rasmussen from Miller Nash who spoke to the City Council about industrial suitability. Mr. Grillo said that he understands that staff believes a portion of this site is buildable. The problem is that under the relevant Statewide Planning Goal 9,Economic Development,this is not the analysis that needs to be done. Buildability is a question that is asked with regard to residential land. Site suitability is the question that is asked with regard to industrial and employment lands under this Goal. Mr. Grillo said that one of the reasons that staff has mistakenly reached a conclusion is because they are asking the wrong question. The question is not whether theoretically industrially zoned land might be able to be built on. The question is how it stacks up with site suitability factors. 8:21:12 PM • Mr. Rasmussen, Land Use Lawyer for Miller Nash, referred to the PowerPoint presentation. He said the designation of the site as "industrial" violates Goal 9 because it is not suitable under the statewide criteria for an industrial site. In addition,the surrounding neighborhood has changed and the current designation no longer appropriate. The residential designation is more suitable and ensures the most efficient use of this property, which is as "workforce housing." • Goal 9 was reviewed by Mr. Rasmussen. (See PowerPoint presentation for a summary of this review.) Staff and DLCD say the applicant is taking out too much industrially designated land; however, it does not address whether that land has been properly designated in the first place. Mr. Rasmussen continued his review of Goal 9 as summarized in the PowerPoint presentation: 8:23:26 PM o Lands must be serviceable and suitable industrial lands. He reviewed the definitions of "suitable" and "serviceable." (See PowerPoint presentation.) 8:24:06 PM o Site characteristics as defined bythe state were reviewed. The state mandates what lands canbe industrial. This site is no longer suitable for industrial development. 8:25:16 PM o Local jurisdictions should consider development constraints in determining what lands are suitable for an industrial purpose. Site-specific factors were reviewed (See TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 www.tigard-or.gov ,( Page 6 of 21 PowerPoint presentation.) When these factors are associated with Mr. Fields'property, 13 of the 14 characteristics suggest that this land is no longer suitable for industrial purposes. These characteristics are important when considering industrial land unlike residential land;this site "is obviously very constrained." Unlike residential land, industrial land needs to be unconstrained and have these appropriate site characteristics to have any hope of developing and providing jobs. Where these site characteristics are not present and where there are significant development constraints,the site cannot be developed for industrial purposes. Conversely, residential development can be tailored to avoid natural features; fit into clusters that work on constrained sites such as this one. 8:26:52 PM o Mr. Grillo called attention to tabulated material submitted to the City Council in the meeting packet. The site characteristics and development constraints (starting on Page 10 of this material) are illustrated. 8:27:56 PM o Citing lands on a table as industrial lands does not make them suitable for industrial development. Goal 9 and the regulations that implement it, require that the City Council review the site-specific criteria in determining whether it is suitable. "... it is painfully obvious this site does not belong in an industrial designation." 8:28:31 PM • Councilor Buchner said from her understanding of the Code major changes can be made at the time of the periodic review of the Comprehensive Plan and the City is just beginning this review at this time. She has attended a number of meetings for the urban/rural reserve process. During the presentation from the industrial/business representatives,they stated they need more industrial land. She said it is difficult to justify taking away the current industrial land without going through the periodic review process,which would allow full input from DLCD,Metro, and the public at large. • Mr. Rasmussen responded to Councilor Buehner. The Tigard Code clearly lays out two potential routes for a zone change. One is to propose an alternate plan amendment through the periodic review process. The other route allowed by the Tigard Code is what is before the City Council, which is the quasi-judicial zone change request. There are two different types of zone changes because it would be unwise to disallow the City Council the ability to revise the zones except for the periodic review process. In situations such as this,where a piece of property is designated incorrectly there needs to be a recourse that does not require waiting for an indefinite period. • Mr. Rasmussen followed up with additional response to Councilor Buehner. To the extent that this parcel is shown on Metro and City of Tigard charts, it is being depicted as having some industrial development potential that"just isn't there based on the site characteristics and development constraints as laid out in state regulation." • Mr. Grillo explained his position regarding consideration of a zone change through the quasi- judicial process. He cited OAR 660-009-00210(4),which lays out three options to implement a post-acknowledgement plan amendment. He reviewed a PowerPoint slide that described these three choices. 8:33:02 PM ............... • Mr. Grillo said the City has done an Economic Opportunities Analysis under Goal 9. The City did an inventory of industrial lands. What the applicant tried to do in this case, is to put the City in a position to "quasi-judicially" amend the Comprehensive Plan. In doing so,the applicant did the Economic Opportunity Analysis,the Constraints Analysis, and the Suitability Analysis. This is important because if the jobs potential on this site is not present,this will not change through TIGARD CITY COUNCIL/LCRB/CCDA MINUTES— February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 a www.tigard-or.gov I Page 7 of 21 any periodic review situation. There would be nothing to be gained by waiting two or more years for the periodic review. Mr. Grillo urged the City Council to consider doing this now. • City Attorney Ramis asked for clarification. He said he understood the testimonyto be in response to the argument that the application would violate Goal 9 and that the applicant is offering to the City a theory and an approach under which findings could be written to comply with Goal 9. He said, "... I don't understand you to be arguing that in the context of the quasi- judicial case you can collaterally attack the local Comprehensive Plan that is already acknowledged." Mr. Grillo said, "That's correct." He added that,under Goal 9,when a post- acknowledgement plan amendment such as this is quasi-judicially brought before the City that one of things the City has to look at its planning documents and the suitability of this particular site. "That's whywe are going through this exercise. It is not a wayto,in essence,collaterally attack what the City has done in the past. What is done, is done." But if changes have occurred, as the applicant believes they have,then this site is no longer suitable for industrial land. Mr. Grillo said that the worst thing you can do is as a City is to have your hands tied and be unable to change the zoning because you have to wait for periodic review. That is not a good way for the City to operate and Mr. Grillo said he does not believe this is what is required by Goal 9. • Mr. Ramis addressed the Mayor and explained that a "collateral attack" is where one would use the application to go after the validity of the Comprehensive Plan. The applicant's testimony is that they are not doing that. 8:36:53 PM • Druce Conrad,Project Planner for Group MacKenzie addressed the City Council. Mr. Conrad reviewed maps (PowerPoint Presentation). o The triangular configuration of this site presents an issue for industrial development. Such development typically requires rectangular, flat pieces of property to accommodate larger buildings,truck maneuvering,parking, and outdoor storage. o Visibility is critical from a marketing standpoint for industrial land. This site is buffered and not visible from Hall Boulevard. There is no way to extend Wall Street as an arterial through this property to make the connection to Hunziker. o There is no ability to provide industrial rail access from the existing facility because the commuter rail line is the closest to this property. Dealings with the railroad are not easy,so having this constraint furthers the argument why this property, as currently designated, is not suitable. o Environmental constraints with regard to the floodplain. There is a question about the location of the floodplain. He described the proximity of the floodplain. o Environmental constraints with regard to wetlands. Wetlands have not been delineated specific to this property, so the applicant relied on GIS for this information. o Environmental constraints with regard to habitat. Goal 9 refers to habitat and, for a suitability analysis,these are "very real constraints." This is why the property has remained undeveloped and is unsuitable as industrial property. o A medium density development for workforce housing would work well on the site and respond wellto the surrounding area. Due to the inabilityto cross the railroad for an access point,this property cannot connect to any surrounding industrial property. Therefore,the property is surrounded by public open space and residential uses. He described the surrounding uses in additional detail. o While the applicant will be showing the City Council a vision and conceptual plan,there is no specific development, intentions, or plans other than through "...this vision... for workforce housing." o The appropriateness and compatibility of access and the types of traffic entering and exiting this site from the extension of Wall Street was reviewed. The applicant feels strongly that industrial use of this property with a variety of different truck types would not be compatible TIGARD CITY COLJNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW HA Blvd.,Tigard,OR 97223 1 503-639-4171 www.tigard-or.gov I Page 8 of 21 with the existing surrounding uses. Nor,would this type of traffic be compatible with the types of traffic on Hall Boulevard at this location in the City. o Residential development could be clustered and utilize low-impact development techniques along with varied configurations and building footprints sizes. An industrial development is typically is one level with a very large floor plate. It would not adapt well to the constraints of this property. o Reviewed the proximity of the site to the downtown. This site is a "true amenity to the City and could really be a catalyst to spur some of the development opportunities that are planned for this area." Proximity to transit options were reviewed as an important factor to consider because this could limit the single occupancy vehicle trips if this property were developed residentially. o The applicant is in a rare position where the analysis required to be done for this type of application has demonstrated that the residential, medium density worst-case scenario shows there would be fewer trips than what is assumed under the current designation. o The applicant envisions providing a variety of housing types at appropriate price points for Tigard's existing workforce community. With all of the jobs planned in the downtown as well as the existing jobs in the surrounding area,there is a benefit for employers to have these additional rooftops at this price point in terms of longevity and recruitment for their businesses. The R-25 designation would allow the applicant to compact the development in such a manner that they could preserve and utilize many of the existing natural resources on this property. The applicant feels that this area could be developed with park-like amenities and trail systems complementing those planned in the downtown. This would be a benefit to the community and respond well to the existing character and development of the area. o Mr. Conrad reiterated that this is a concept plan only. • Mr. Grillo said staff correctly pointed out that there are three approval criteria (Community Development Code 18.380.030b): o Compliance with all applicable Comprehensive Plan policies and map designations. o Compliance with all applicable standards of any provision of the Code. o Evidence of change in the neighborhood, or the community, or a mistake or inconsistency in the Comprehensive Plan or the Zoning Map. • Mr. Grillo referred to the staff report and staff comments. There are a number of different goals within the Comprehensive Plan and policies. Citizen involvement and environmental quality hazards - there is really no dispute about those. This case comes down to two groups of criteria having to do with land use planning and economic development. • Mr. Grillo said,in particular, staff focuses on Goal 2, Policy 15d about whether there is an inadequate amount of developable or appropriately zoned land for uses that would be allowed by the designation. In that sense, one of the things staff is looking at is if there is some sort of need for residential designation of this property. Mr. Grillo referred to the newly adopted Comprehensive Plan,Page 9-1 - Goal 9 - Housing: There are 38,628 full and part-time jobs in the City of Tigard. There are only 25,537 residents over the age of 16 in the City's workforce. Therefore,you have fewer people in the workforce and you have more jobs. There is a demonstrated need for workforce housing in the City because there are more jobs in the City than there are adult residents. This is the "flip side" to the issue about industrial lands and jobs. One of the ways to attract jobs is by providing workforce housing, particularly in close proximity to the jobs. This is the opportunity site in the City. • Mr. Grillo said he has looked the vacant lands map in the Comprehensive Plan as well as the tables - there is not a 25-acre site that is R-25 zoned where you could provide this workforce housing in a master-planned way. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page 9 of 21 • Mr. Grillo said that because this is in such close proximity to the downtown,this would not compete with the downtown, rather it would enhance the downtown plan. One of the things that the downtown plan talks about is the need to be in close proximity to residential neighborhoods. This would be in addition to what the Citywill be doing in the downtown. It will be the proximity of these residential neighborhoods that will help bring people downtown and provides "that market." The site will be well served by transit. 8:53:05 PM • Mr. Grillo said the suitability factors will not get better for industrial development,no matter how long you wait. The site will not be accessible to rail, because it is cut off due to the commuter rail. There will continue to be issues in terms of truck traffic entering Wall Street. The proposed housing would not be out of character with the area; it will be consistent with what is in the surrounding areas and will provide an excellent way to leverage the amenities already constructed;i.e.,the library and other civic uses. 8:54:22 PM • Mr. Grillo referred to the "evidence of change in the neighborhood." The site was initially zoned in the 1970's and the site characteristics and the suitability factors have changed. It has not developed for industrial use despite the greatest period of economic expansion we have ever seen. This is an opportunity site for workforce housing. 8:55:38 PM • Mr. Grillo said there have been changes in the surrounding area since 1977 when this was originally zoned. There has been quite a bit of residential development in the surrounding area along with other civic uses. The industrial site to the north owned by Mr. Fields is cut off from this site;there is not opportunity for a physical connection to that site. Nor is there any opportunity for access to this site from this property also owned by Mr. Fields. 8:56:19 PM • Mr. Grillo said they want the City to see this piece of property in a new light. This property has been viewed as light industrial for a long time. Other zoning designations were considered as the applicant was deciding how to proceed. None of the other zoning designations made sense because of constraints. 8:58:26 PM • Clayton Herring, 1708 SW Road— Portland, OR— President and CEO of Norris,Beggs,and Simpson, a real estate service company. He is also an advisor to Mr. Fred Fields. The arguments against this as an industrial site go home to the suitability, compatibility, and changes in the neighborhood over the last 31 years since it was zoned. The coverage of a footprint in an industrial development would be somewhere below 20 percent. Most sites for light industrial are somewhere between 35 and 50 percent. For this 25 acres (and the City says 17 acres is suitable for development), by the time you look at all of the other constraints and the infrastructure needed,you will "end up being at less than 20 percent." This "simply isn't feasible." For the 25-acre site, all that could be built is 200,000 square feet of industrial property — "that's gross under-utilization." He referred to work with the staff to review other options. Office-commercial would not work because it needs to have "an address... a critical mass... prestige." He referred to the difficulties with past development on Kruse Way. Mr. Herring said apartments would not work on a site such as this because of the need for visibility. TIGARD CITY COUNCIL/LCRB/CCDAMINUTES- February 24, 2009 Cit of Ti -. . 1-1 ,. .E ,<. a.«.. ,.. y and � g 13125 SW� _Hall Blvd.,.Tigard,OR 97223 503-639-4171 www.tigard.or.g. ov Page 10 of 21 Mr. Herring spoke for the need for workforce housing. This type of housing is selling because there is significant, inexpensive financing is available and the population is still growing in this community despite the economic times. Mr. Herring spoke to the vision of Mr. Fields to work with the City and Metro to take the natural amenities on this site to create a park-like residential area. 9:03:54 PM Mr. Herring referred to the staff comment about little,if any economic impact. He said this is not true. If you built industrial on this property today,they do not think there would be more than 200,000 square feet. At $80/square foot,this would represent $16,000,000 of market value. If 350 units were built on this property at an average market value of$220,000 per unit,that is $75,000,000 of market value. This would represent $1.5 million of tax differential that would come into the City every year. This does not include SDCs;the SDCs would represent $2+ million. Economically, a residential development makes a great deal of sense: compatibility, feasibility, and to draw industry to this community because of the workforce housing. 9:05:22 PM • Mike Wells,Wells Otis Development, 1578 Upper Boones Ferry Road, said that in 2001,he began working with Mr. Fields to try to stimulate some industrial development on this site. After efforts,they found no prospects. They also failed to obtain a connection over Wall Street at the rail line. At this point,he said he did not think it would be economically viable to develop the site as industrial. There are two ends of the spectrum for industrial: o At one end-- Truck and distribution oriented industrial development that does need as much visibility. (At this site,there is the circuitous access of SW 72❑d,Bonita, and Hall through residential area and past the library and it is not a conducive environment for trucking.) o At the other end: Flex or office types of industrial development. Those users want visibility and they want access. A good example of this is the industrial park zone along Sequoia (PacTrust),which is in stark contrast to what "we have here." Mr. Wells said he did not think this site will be developed as industrial. Mr. Wells said he is the Public Affairs Chair for a commercial real estate association. He attends several urban/rural reserves meetings a week and is close to this process. He said he testified against changing an industrial zone for a retail use. However, in this case this industrial land is "false inventory" and,in his opinion,will not be developed as industrial. He thinks this skews the arguments and merits of the UGB process that Metro conducts as well as the reserve process that Metro and the three counties are conducting. 9:08:49 PM • Duane Wilson,Brownstone Homes,7050 SW Clinton Street, Portland, Oregon and Randy Myers, (owner) Brownstone Homes testified. Mr.Myers recounted how he became involved with the project about five years ago. He reported that the initial project was not feasible,which led to the discussions of seeking to rezone the property. Mr.Myers referred to conceptual plans and described the potential type of development. This product type is still selling. This property is close to employment, public transportation, and open space. • Mr. Wilson gave his history of working with Mr. Fields,which resulted in Mr.Fields asking that a concept plan be generated. He advised the illustrations of the plan before the City Council TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 x www.tigard-or.gov Page 11 of 21 "was no means a proposal or anything like that... " He noted his firm has developed other sites along sensitive corridors incorporating parks and jogging trails. • Mr. Wilson described the conceptual plan. It is compliant with the R-25 zoning. The plan shows two-story residential on the outer perimeter and a three-story product in the center. • Mr. Wilson said approximately$3.5 million of SDCs could be generated from this site. A commercial property would not provide nearly as much as a residential development. A residential development would help the City in other ways: o $650,000 sewer connection fees o $70-80,000 water connection fees • The developer would be developing most of the infrastructure on the site so the SDC fees could be used for the system development— "you wouldn't be tapping and burdening the additional resources." • Mr.Myers described more aspects of the proposal. 9:17:18 PM • Mr. Wilson advised the proposed product would be sold for$150,000 — 250,000,which is the ideal product at this time. There is a need and there is a "huge lack" of available project. • Councilor Buehner noted she represents real estate developers who develop similar projects. She said that with a density of more than 300 units, how could the developer"get around the lack of two access points." She asked how they would get access off Milton Court. Mr.Wilson agreed it would be necessary to have a secondary access;they believe they have a good opportunity for access to Milton Court if residential development was approved for the zone change. 9:18:53 PM • Councilor Wilson commented that, "It's nice for you to show us your vision, but we understand that this is a zone change. It's not a development application and something completely different could end up there." • Mr. Wilson responded that their point was to show the City Council would an R-25 development could look like within this zone. He agreed this was conceptual, but this is what would probably work best. 9:19:44 PM • Jerry Johnson,Johnson,Reed Company, 319 SW Washington,Suite 1020,Portland, Oregon 97204, advised his firm is an economic consulting group that works with jurisdictions and developers. He referred to the Goal 9 and Title 4 issues, which he recognized are important issues. He said this site represents a false inventory for industrial because "it pretends we have something here that we really don't... we don't have to accommodate for it elsewhere, because we are pretending that this is actually going to be there. Zone as light industrial night now,you might as well zone this as `vacant field' because that is pretty much what you are going to get for the next 10-20 years. • Mr.Johnson reviewed the property from a workforce-housing standpoint. The market is still viable for first-time homebuyers. He referred to the City's periodic review and said it appears that the City will be relying heavily on work done by Metro for Goal 9 and Goal 10. "Weare not going to have enough of anything outside of office — if there's one thing we have,we've got lots of office land primarily because everybody is trying to hit density targets and regional centers and town centers and neighborhood centers that require office development. We are over-subscribed for office by about 5 to 1. We are short on some issues like industrial; we are TIGARD CITY COUNCIL/LCRB/CCDAMINUTES- February 24, 2009 R City of Tigard 13125 SW Hall Blvd.,Tigard,O A _ ..: 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 ooff 21 also very short on housing. When the Goal 10 stuff comes through for housing through Metro, I think we are going to have a requirement that more housing needs to be accommodated as well. So I think when we do go through those,this housing is not going to be inconsistent with what the findings are if we take a look at this from the standpoint of Goal 9 and economic development. It really doesn't serve any particular function, because we really can't develop it for the planned uses." 9:22:36 PM • Mayor Dirksen asked if there was anyone present who would like to speak in favor of this application. There were none. • Mayor Dirksen asked if there was anyone who would like to speak in opposition to this application. There were none. 9:23:15 PM • In response to a question from Mayor Dirksen, City Attorney Ramis advised he would like to have an opportunity to review a letter received from Metro today. With the staff's concurrence, City Attorney Ramis recommended the proceedings be continued to enable the staff to evaluate the testimony heard tonight and review the Metro letter more carefully. Staff will return at a later date with comments and the Council will deliberate. • Mayor Dirksen asked if the applicant had received a copy of this letter. Associate Planner Caines advised they received a copy just prior to tonight's hearing. • Associate Planner Caines agreed with City Attorney Ramis'recommendation to continue the hearing to allow an opportunity for staff to evaluate the information presented. There was discussion about the "120-day clock," which does not apply because of the Comprehensive Plan Amendment. • Councilor Buehner advised she would not be prepared to vote, as she would need time to evaluate the additional information presented and also to review the information received from Metro. • Mayor Dirksen will not be attending the March 10, 2009, City Council meeting; however, he recommended the hearing be continued to that date. • Mayor Dirksen announced that this hearing was continued to the March 10, 2009 City Council agenda. • In response to a question from Councilor Buehner, City Attorney Ramis advised the hearing, on March 10,would be at the stage in the proceedings where staff would give their summary. If the staff brought in new evidence or argument,then the applicant might want the opportunity to respond.' (City Ramcky's note It•zeas later dete coned that public testinurzy would be nuc wd at the Marcb 10, 2009, City Council rowing) 9:27:17 PM - Council meeting recessed. 9:35:36 PM 5. QUASI-JUDICIAL PUBLIC HEARING- COMMUNITY PARTNERS FOR AFFORDABLE HOUSING COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00012/ZONE CHANGE (ZON) 2008- 00006 - COMMUNITY PARTNERS FOR AFFORDABLE HOUSING PLAN &MAP CHANGE TIGARD CITY COUNCIL/LCRB/CCDAMINUTES- February 24, 2009 �Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 � � �o . � 503-639-4171 � www.tigard- r.gov � Page 13 of 21 REQUEST: The applicant is requesting amendments to the Comprehensive Plan and Zoning Maps to change the Comprehensive Plan Designation and Zoning Classification for three parcels (approximately .98 acres) from Low Density Residential (R-4.5) to Mixed Use Residential - 1 (MLJR 1). The site is located on the east side of Hall Boulevard between Hunziker Street and Knoll Drive,within a small pocket of R-4.5 zoning. Sites on the west side of Hall Blvd. are zoned Central Business District (CBD). All three parcels of the site are within the Downtown Urban Renewal District. LOCATION: 12340 and 12360 SW Hall Boulevard, and 8485 SW Hunziker Street. Washington County Tax Assessor's Map 2S101BC, Tax Lots 800, 900 and 1000. ZONES: R-4.5: LowDensity Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally, and MUR 1: Mixed Use Residential District. The MUR 1 zoning district is a high-density designation applied to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential to Mixed Use Residential 1. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, 2, 10 and 15 of the updated Comprehensive Plan,and Policy 8 of the previous Comprehensive Plan;Metro Functional Plan,Title 1; and Statewide Planning Goals 1,2, 10 and 12. 9:35:52 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the hearing procedures. 9.39.15 PM C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? Councilor Sherwood advised of ex parte contact. She advised she worked part-time for Community Partners for Affordable Housing (CPAH) in 2001. CPAH and the Good Neighbor Center have grants together and also have memberships in many organizations together. Councilor Sherwood said she attended two Community Development Block Grant (CDBG) hearings where money was awarded to this project. Councilor Sherwood indicated she felt she would be able to participate in this hearing and make a good determination. Councilor Buchner advised she is familiar with the site and she,in the past, represented one of the property owners (although not for this particular transaction). Mayor Dirksen indicated he travels by the site frequently. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - 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? There were no challenges. 9:40:53 PM d. Associate Planner Caines presented the staff report. Highlights of the report follow. • The applicant is requesting that three parcels located 12340 and 12360 SW Hall Boulevard and 8485 SW Hunziker Street,comprising approximately.98 acre, be rezoned from low density residential (R-4.5) to mixed use residential (MUR 1). TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of 21 • The Planning Commission hearing was held February 2, 2009. At this hearing, it was recommended that City Council approve the requested Comprehensive Plan Amendment and approve (with conditions) the Zoning Map Amendment. • The site was described and surrounding zoning designations identified. • The site is located within the Urban Renewal District,which means that the Tigard Downtown Improvement Plan (TDIP) applies to this site. • The TDIP calls for higher density housing along Hall Boulevard at this location. • The plan is conceptual and is showing higher density housing. • The TDIP identifies catalyst projects to bring more people into the Downtown and more development in the area. One of those catalyst projects is downtown housing development. • The site is located within a pocket of R-4.5 zoning which would not allow higher density housing. • Comprehensive Plan Goal 10.1,Policy 5, states that the City shall provide high-density housing in the Downtown. Under that same Goal,Policies 1, 3 and 4 addresses affordable and special needs housing. As currently zoned (Single Family Residential),this property would not likely develop for special needs or affordable housing. MUR 1 could allow for development of multi- family housing,which would more likely become affordable housing. The applicant has included in the application a conceptual plan of senior affordable housing. There is no guarantee this plan would be approved or that the property would develop this way. 9:44:22 PM • The City currently meets its housing capacity goals. This change would add additional units to that capacity. The 2008 buildable lands inventory shows 3.17 acres of buildable lands zoned for MUR 1 and 172.4 acres of buildable lands zoned for R-4.5. The loss of .98 acres is not a significant impact to that supply. • The Oregon Department of Transportation proposed a condition because a full build-out allowed by the zone change would create a significant impact on the state facilities; specifically, the Hall Boulevard and 99W intersection. The proposed condition was for a trip cap of a maximum of 300 trips per day with peak morning and evening trips set. The condition, as written in the proposed ordinance,would be imposed on the Zone Change. Councilor Buchner asked about a small strip that is not part of the site but fronts along Hall Boulevard. Associate Planner Caines confirmed this strip is part of the right of way. Council President Wilson asked why there was a minimum density on the MUR 1 zone. Community Development Director Bunch responded that this was a requirement of the zone,which was part of the Washington Square Regional Plan. The reason for selection of the MUR 1 zone was in an attempt to support the need for affordable housing. When the downtown land use standards are proposed for adoption,this site will be included. The site would have been designated to the appropriate downtown zoning district. Since there is a need to do this now,the MUR 1 zone was selected. Council President Wilson said he thought the purpose of the Transportation Planning Rule was to make sure that land uses blend along with transportation planning so the transportation facilities were not burdened by inappropriate zoning. The planning would occur at the same time,so that as density is increased,then facilities would also be built to support the density. Community Development Director Bunch agreed the basic intent of the Transportation Planning Rule was as Council President Wilson stated above. He added that Oregon Department of Transportation (ODOT) is very particular about the capacity of their highways. They want to TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page I5 of 21 maintain a volume/capacity ratio that ensures you get the "through-put." Therefore, ODOT wants to impose this condition based on the TPR Council President Wilson said that ODOT invokes this frequently and noted his concerns that with this condition there will be a minimum and a maximum density, which might be too prescriptive. Council President Wilson said he did not know why ODOT would be concerned with a single acre when improvements are being made to this intersection with City of Tigard money. Associate Planner Caines noted this is a recommendation and does not need to be placed on this application. It is anticipated there will be many more units and traffic coming in the future to the downtown. This will eventually need to be addressed. e. Public Testimony 9:53:05 PM - Applicant • Greta Lavadour,MGH Associates, Inc., 104 West 9`h Street, Suite 207,Vancouver,WA 98660. Ms. Lavadour advised MGH Associates are the planning and civil engineering consultants for the applicant. Flighlights of Ms. Lavadour's remarks follow. o In 2005,the site was included in the urban renewal district,which presented a change for the property. The applicant is now proposing to change the zoning from R-4.5 to MUR 1, which will be a high-density residential zone. o There is no vacant land zoned MUR 1 or any high-density zoned land in the downtown area that is vacant and available for this use. o The MUR 1 zone will allow CPAH to construct an affordable senior housing project on the property. o The proposal is consistent with the goals and policies of the Comprehensive Plan. Ms. Lavadour reviewed some of these policies. o The City's Downtown Improvement Plan indicates that only eight percent of the downtown area is used for multi-family housing at this time. o High-density housing is one of the eight catalyst projects noted in the Downtown Improvement Plan. o Approving the applicant's request for a Comprehensive Plan designation and zoning map amendment to MUR 1 will help the City meet its goal to provide multi-family housing in the city center area while providing an opportunity for affordable housing that will benefit an under-served segment of Tigard's population. • Sheilah Greenlaw Fink, Community Partners for Affordable Housing, 6777 SW Alden, Garden Home, Oregon 97223. CPAH offices are located at 6380 SW Capitol Highway,Portland, Oregon 97239. Ms. Greenlaw-Fink's testimonyincluded the following: o Tigard is known throughout the state for what it has done in the last decade with regard to affordable housing. o The site is close to a senior center, is located near transit, and near the Library. o These three home sites can make way for 48 homes. o If this zone change is approved by the City Council,it is far enough along in the funding process so that it will likely be built soon. o Referred to the large amount of resources they are able to put together,including environmentally friendly projects (LEED, "green," Brownfield). o Referred to a drawing depicting the type of housing envisioned for this area. o Described how the affordable housing program functions and how rents are set. • Brian Carleton,Principal,Carleton Hart Architecture, 322 NW 8th Avenue,Portland OR 97209, testified. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page 16 of 21 o Described the type of development a zone change would allow for this site. o The minimum densities and transportation limitations will work well for this site. o As a potential catalyst project for downtown redevelopment,this can be a very strong project that can live up to the expectations that this will be a gateway area to the downtown. o Residents will be within walking distances for some services and will also be able to use mass transit. o Hall Boulevard will always be a major connector, but this type of development will also add people on sidewalks walking to transit stops and services,which will add to the benefit of downtown. o The streetscape will be enlivened by diversity and interesting architecture while also respecting the single-family neighborhood development nearby. 10:07:54 PM • Daryn Murphy,Project Manager,Housing Development Center, 847 NE 19`h Avenue, Suite 150, Portland, Oregon 97232 testified. o Referred to the length of time toimplement this type of project. Finding an appropriate site has taken about three years. o The next phase of the project will be to secure funding. Time is of the essence. The largest share of the funding (80 percent) will be submitted by application to the State of Oregon and it is due this Friday. Funding awards will be made in May 2009. o The project has already received 15 percent of its funding from the County. o The purchase will occur sometime around August 2009. o Construction will likely begin in early 2010. o Occupancy is expected to occur at the end of 2011. 10:10:54 PM f. Associate Planner Caines advised staff recommends the City Council approve the requested Comprehensive Plan Amendment and approve with conditions the Zoning Map Amendment. 10:11:29 PM g. Mayor Dirksen closed the public hearing. h. Council Discussion and Consideration Council President Wilson said he would like to see the ODOT condition dropped. He said the purpose of the Transportation Planning Rule was to support the density that Metro has been advocating. Revenues are being taken from urban areas where they are generated and being spent in rural areas. ODOT needs to receive the message that they need to start investing in our area rather than placing limitations on what we are doing. Councilor Sherwood said she could support this.Mayor Dirksen asked if this could be done later as a condition of development. City Attorney Ramis advised commented on the Transportation Planning Rule. What the Rule says and what ODOT would want to enforce through a Land Use Board of Appeals (LUBA) action might be two different things. He said he did not hear,during the public hearing, any dispute of the factual statement in ODOT's letter that density greater than 49-unit apartment could generate more trips than the 300 daily-trips assumed for the capacity. In terms of the state of the record, if the Council deleted the condition,there would be the possibility that ODOT could choose to go to LUBA to try to enforce the condition. Council President Wilson questioned whether the reason for the condition was based on the existing intersection of Hall or the proposed. City Attorney Ramis said they would base their argument on the evidence in the record that has been cited,to the effect TIGARD CITY COUNCIL/LCRB/CCDAMINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 17 of 21 a that the increased density could result in a significant effect on Highway 99 and S.W. Hall intersection. If there is contrary evidence,we could choose to make a different finding. Council President Wilson pointed out that the Tigard Triangle was built with the same issue. The Triangle, in fact,was all rezoned. Council President Wilson said this citation of the Oregon Administrative Rules is invoked frequently by ODOT; it is their standard comment. He said he would be willing to risk a potential ODOT appeal to LUBA_ City Attorney Ramis suggested the wording in the findings could be that you"did not find their evidence persuasive." Council President Wilson agreed with this statement noting he did not see any evidence to back up this condition. 10:14:34 PM Councilor Buehner said she agreed with the proposed wording to delete the condition. With regard to the underlying zone change application,she noted how pleased she was with this proposal and that she could not think of a better use for this property as it relates to the downtown urban renewal area. 10:16:01 PM Councilor Sherwood said she was excited that the first catalyst project would be an affordable housing project for senior citizens. Throughout the County at the hearings for this project,there has been overwhelming support. She commented on Council President Wilson's proposal to delete the ODOT condition and expressed that she would be surprised if ODOT challenged the City for doing this. 10:1.7:03_PINI Councilor Henderson noted he fully supported this project. 10:17:22 PM Council President Wilson commented that from the time this property was added to the urban renewal area,it was a foregone conclusion that the zone would change. He said this is a great project and this will be a great contribution. 10:17:49 PM Mayor Dirksen said he appreciated Council President Wilson's comments (and the support expressed by other City Council members) with regard to a concern with the ODOT condition. Mayor Dirksen said he hoped that if ODOT should choose to appeal the City's decision,that they would choose to appeal at the time of development application rather than appeal the decision made tonight. 10:18:28 PM City Attorney Ramis asked if the City Council would want to make a tentative vote tonight and allow the staff and City Attorney to come back with proposed findings for final adoption. 10:18:46 PM Councilor Buehner asked if a tentative approval would be a problem for the applicant with regard to their application. 10:19:00 PM Ms. Greenlaw Fink, applicant, advised that the Council approval is critical to the funding decision by the State. They need to know the land-use decision is made even though there is a 30-day period TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page 18 of 21 before the ordinance becomes effective. Discussion followed regarding whether this would cause a problem for the applicant with their funding application to the State (due on Friday). CPAH is amenable to the condition of the trip cap imposed by ODOT. 10:20:27 PM Community Development Director Bunch advised he would be concerned about making the change to the condition at this time. In his experience,these applications need to move forward with a clear signal to the housing agency that this is supported in its entirety by the City. By introducing a small potential for appeal, it could cause some questions because there are other sites and organizations that would like to receive this funding. From this perspective, Community Development Director Bunch said he would feel more comfortable to have this "cleanly" approved this evening. Another action that will be taken in the near future is the rezone of the entire downtown applying a new Comprehensive Plan designation,which will include this property. He said he would prefer to address this issue with ODOT and Metro with this larger action and allow this project to go forward unimpeded. 10:22:24 PM Council President Wilson said he would not want to hold up the project but said it is sometimes better to take a principled stand. 10:22:46 PM Councilor Sherwood noted she was persuaded by Community Development Director Bunch's recommendation to allow this project to go forward as proposed and to address the concerns with ODOT with the larger project. Discussion followed on the potential risk to this project with regard to the application for state funding. 10:23:21 PM Councilor Buehner noted her agreement that the time to address the issues with ODOT will be at the time the larger rezoning activity is undertaken. She would not want to do anything that might hurt the proposed CPAH project. 1.0:23:54 PM Mayor Dirksen said he appreciated Council President Wilson's perspective on this matter. This is a concern that needs to be addressed- and not just by the City of Tigard- this is a much broader issue. What the City Council is considering is at the request of this applicant. It might not be fair for us to take on a principled stand that will affect their request. 10:24:25 PM Council President Wilson suggested it be approved with the condition and then the condition be considered for removal later. Mayor Dirksen said he thinks this is similar to what Community Development Director Bunch was proposing when the rezoning is considered for the entire downtown, which would include this parcel as well. Motion by Councilor Buehner,seconded by Councilor Sherwood,to adopt Ordinance No. 09-02. AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT CPA 2008- 00012 AND ZONING MAP AMENDMENT WITH CONDITIONS,ZON 2008-00006,TO CHANGE THE COMPREHENSIVE PLAN DESIGNATIONS AND ZONING MAP TIGARD CITY COUNCIL/LCRB/CCDA MINUT_ES- February 24, 2009 Cityof Tigard 13125 SW Hall Blvd. Tigard,OR 97223 � 503-639-4171 �� www.tigard-or.gov I Page 19 of 21 CLASSIFICATIONS FOR THREE LOTS TOTALING .98 ACRES FROM LOW DENSITY RESIDENTIAL (R-4.5) TO MIXED USE RESIDENTIAL 1 (MUR 1). THE ZONING MAP AMENDMENT IS SUBJECT TO A CONDITION OF APPROVAL LIMITING THE TRIP GENERATION RATE TO 300 TRIPS PER DAY WITH MAXIMUM OF 23 A.M. PEAK HOUR TRIPS 27 P.M.PEAK HOUR TRIPS. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Sherwood Yes 10:26:21 PM 6. LOCAL CONTRACT REVIEW BOARD PUBLIC HEARING - CONTRACT AWARD TO MULTIPLE VENDORS FOR RE-VEGETATION SERVICES ON VARIOUS CITY PROJECTS This hearing was set over to March 10,2009. 7. DISCUSS GOOD CITIZENSHIP AWARD NOMINATION AND SELECTION PROCESS Assistant City Manager Newton received direction from the City Council that staff could proceed as outlined in the staff report. 10:27:43 PM 8. COUNCIL LIAISON REPORTS Urban and Rural Reserve Study Areas: Councilor Buehner distributed maps relating to Potential Candidate Urban Reserve areas. During the process the Study group plans to go through a series of iterations as it makes decisions. This is the first"go-round." She referred to the green area on the map noting this area will not be studied any further for inclusion as an urban reserve,but would be a rural reserve candidate area. She referred to the fust draft of the Rural Reserve. At the last meeting the Conur ittee was asked to take this information back to their respective jurisdictions and ask for approval with the proposal(Step 1) and then they will proceed to Step 2. Councilor Buehner said she would expect to receive a different iteration every month as the process continues through June. Community Development Director Bunch talked to Metro staff and others about this process. Some members of the Farm Bureau are very concerned that a lot of agricultural land that is "foundation land" is being considered as part of this process. There is a need to proceed to complete this in a timely way. Washington County and the other counties will be going through a further evaluation process to identify future urban reserve lands in time for Metro to make its 2010 decision. Community Development Director Bunch said that even though we have some concerns with process along with some concerns for the agricultural land,we have to consider this within the context of where we are within the region— the southeastern side,which is mostly landlocked unless we come to grips with issues caused by Washington County and we extend our limits as required to provide urban services south and west. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 Caty of Tigard 13125 S .. _� W Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov 1 Page 20 of 21 Community Development Director Bunch said he agreed with Councilor Buehner in terms of the need to provide direction to proceed. Councilor Buehner said there was one more issue. There is a group that is meeting from Tualatin,King City, Sherwood and Tigard to develop their own long-term map delineating the urban reserves for the southeastern part of the County. There was a meeting about three weeks ago and they will be meeting again this Thursday. Mayor Dirksen said that,at this point in the process,it is not surprising there is a lot of overlap when discussing the merits of a piece of property- whether it should be in the urban reserve or rural reserve. These issues will need to be refined as the process moves forward. Councilor Buehner said there is some dispute regarding the quality of some of the lands designated as foundation land on the basis soil type and actual production abilities. She advised she would like to schedule the discussion on the urban and rural reserve study areas as a regular agenda item for the last City Council meeting each month. Mayor Dirksen said he would have no problem with accepting the map"as is" at this point to move forward. 9. NON AGENDA ITEMS: None. 10. EXECUTIVE SESSION. Not held. 10:33:37 PM 11. ADJOURNNMNT Motion by Council President Wilson,seconded by Councilor Sherwood,to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Sherwood Yes ocz, t LL ,� Catherine Wheatley, City Recorder Attest: Ma , 'tyjof igard Date: (:;�cc . I:\ADM\CATFMCC1i 4\2009\090224 final.doc TIGARD CITY COUNCIL/LCRB/CCDA MINUTES- February 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 21 of 21