Ordinance No. 13-07 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 13-017
ANO AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER
18.765, TO REDUCE MINIMUM PARKING RATIOS FOR EATING AND DRINKING
ESTABLISHMENTS, SALES-ORIENTED RETAIL AND PERSONAL SERVICES — BANK WITH
DRIVE-THROUGH USES AND REDUCE THE MINIMUM PARKING PERCENTAGES WITHIN
MIXED USE AND MULTI-TENANT DEVELOPMENTS(I7CA2013-00001) 45 Amen ded
WHEREAS, the city received application for the proposed code amendment to amend the text of the
Off-Street Parking and Loading Chapter (18.765) of the City of Tigard Community Development
Code to reduce minimum parking ratios for the following uses: eating and drinking establishments,
sales-oriented retail and personal services—bank with drive-through and lower the required parking
percentages within commercial mixed use or multi-tenant developments; and
WHEREAS, the purpose of Chapter 18.765 is to insure adequate parking in close proximity to varying
uses for residents, customer-, and employees, and to establish standards which will maintain the traffic
carrying capacity of nearby streets;and
WHERE-AS, notice was provided to the Department of Land Conservation and Development at least
35 days prior to the first evidentiary public hearing; and
WHEREAS, notice to the public was provided in conformance with the Tigard Community
Development Code Chapter 18.390.060.D; and
WHEREAS, the Tigard Planning Commission held a public hearing on April 1, 2013 and
recommended with a unanimous vote that Council approve the proposed code amendment, as
amended by staff and Planning Commission; and
WHEREAS, the Tigard City Council held a public hearing on May 14,2013, to consider the proposed
amendment;and
WHEREAS, the Tigard City Council has considered the recommendation of the Planning
Commission;and
WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies; and any applicable provisions of the City's implementing ordinances;and
WHEREAS, the Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and 4e s y approves the request as being in the
best interest of the City of Tigard. by a majority-Jk
ORDINANCE No. 13- 07
Page 1
NOW,'THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is
hereby approved and adopted by the City Council.
SECTION 2: The findings in the March 25, 2013 Staff Report to the Planning Commission and
the Minutes of the April 1, 2013 Planning Conunission hearing are hereby adopted
in explanation of the Council's decision. h the amendments to the Use/Minimums
table approved by Council on May 14,2013;see draft minutes attached.)
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, an_d./posting by the City Recorder.
PASSED: By t vote of all Council members present after being read by
number an title o , this 'day of 2SUai4 ) 2013.
Catherine Wheadev, City Recorder
��f�1
APPROVED: By Tigard City Council this day of �'j �� ,2013.
johno. Cook,Mayor
Approved as to form:
City Attorney
Meu 1y . 2a�3
Date
ORDINr1NCE No. 13-Q
Page 2
Exhibit A
Commentar3r
The Planning Commission is recommending the addition of the term"commercial"in
18.765.030.D. There is concern that mixed use developments with residential components may be
constructed without adequate parking. The addition of"commercial"to the code language means
that the percentages will not apply to mixed use developments that include residences.
Staff is proposing to delete the language under 18.765.D.5 stating the maximum parking allowance
shall be 150%of the total minimum as calculated in subsections 1-4. The code states that parking
requirements for mixed use and multiple tenant developments shall be calculated using the
percentages listed in 18.765.D,including the maximum of 150%. There are existing developments
that may exceed the 150%and create non-conforming situations. Deleting this language lessens the
likelihood of making a site non-conforming and maximums can be calculated by using the maximum
parking ratios listed in Table 18.765.2.
Table 18.765.2 lists minimum and maximum ratios for two types of eating and drinking
establishments (fast food and other). However,nowhere in the code is there a distinction made
between the two types. The applicant has added a footnote(#8) to clarify how to determine if a
restaurant is fast food. The applica.nt's proposed language is: Fast food designation includes all eati�Q aid
ddakkgaabJ2 hments nith a ouaAr"and/or less than 10 tables Examples include Subway
Starbu� U, etc.. Staff is recommending the elimination of the term"and"because it may be
interpreted to require fast food restaurants to have less than ten tables,which is not typical of many
fast food restaurants. Also the examples were removed because specific restaurant names should
not be codified as they can change or are trademarked.
Proposed code as amended by staff and the Planning Commission:
DCA2013-00001
OFF-STREET PARKING MODIFICATIONS
DEVELOPMENT CODE AMENDMENT
Explanation of Formatting
These text amendments employ the following formatting:
Stet Text to be deleted or not added
j&old, Un erline and Italic] —Text to be added
18.765.030 General Provisions
D. Parking in mixed-use and multiple tenant projects. In commercial mixed-use and multiple
tenant projects, the required minimum vehicle parking shall be determined using the following
formula:
1. Primary use,i.e., that with the largest proportion of total floor area within the
development,at 100%of the minimum vehicle parking required for that use in
Section 18.765.060;
2. Secondary use,i.e., that with the second largest percentage of total floor area within
the development,at 85 909 4 of the vehicle parking required for that use in Section
18.765.060;
3. Tertiary Subsequent.use uses,at 70 894,E of the vehicle parking required for that use(s)
in Section 18.765.060;
4. All other uses, at 60% of the vehicle parking required for that use in Section
18.765.060;
54.:Ehe riftaximum parking agewanee shall be 150916 of the total 4ing as
ealettl*ted in-Subseetieft P.1 3ftbeve:
Table 18.765.2 (Minimum&hfaximum Required Off-street Vehicle &Bicycle Parking
Requirements)
Use Minimums
Current Proposed Amended by 6% f
Council
Eating and Drinking Fast Food: 9.9/1,000 6.0/1,000 7.0 8:8/1,000
Establishments'] Other: 15.3/1,000 8.0/1,000 9.018.8/1,000
Sales-Oriented Retail 3.7/1,000 3.0/1,000 3.0/1,000
Personal Services (Bank
with drive-through) 4.3/1,000 2.7/1,000 3.0 4.3/1,000{t3a
181 Fast food designatign includes all eating and diinking establishments with a""walkup counter"or less than
1 a 'n t e_ 'nin rea.
C4 Recorder's Note: Changes shown in red
font above Mfiect the amendments made by the
LOW City Council on May 14 2413. when
considering this proposed ordinance
Draft Minutes —Agenda Item No. 10
May 14, 2013 Tigard City Council Meeting
H
10. LEGISLATIVE PUBLIC HEARING-COMMUNITY DEVELOPMENT CODE
AMENDMENT FOR PARKING REQUIREMENT MODIFICATIONS
The purpose of the hearing is for the City Council to consider the applicant's request(Killian
Pacific) to lower minimum parking ratio requirements for certain uses (Eating and Drinking
Establishments, Sale-Oriented Retail and Personal Services—banks with drive through) and lower
the minimum percentages required for primary, secondary,etc. uses in mixed-use or multi-tenant
developments. This will allow greater opportunities for the leasing or expansion of existing
structures and businesses.
a. 10 Mayor Cook opened the public hearing.
b. IR Staff Report: Associate Planner Caines and Senior Transportation Planner Gray presented
the staff report.
Associate Planner Caines reviewed the staff report and referred to a slide presentation on file in
the record copy of the meeting packet. The application for the proposed code amendment came
to the City of Tigard from an outside applicant who is requesting to lower the parking minimum
ratios for restaurants, sales-oriented retail and banks with drive-through. In addition,the
applicant also proposes to lower the minimum percentages for primary,secondary, tertiary uses
in mixed-use and multi-tenant development.
Associate Planner Caines explained the proposed amendment would be citywide and would
apply to all commercial,industrial and multi-family residential zones in the City of Tigard.
Associate Planner Caines gave background information:
• The city adopted the current minimum ratios in the parking chapter of the Community
Development Code based upon the minimum ratios established by Metro in 1998. These
minimums are applied to new construction,redevelopment and changes of use.
• The applicant owns property in the City of Tigard and is not the only property owner who
has been confronted with the situation of wanting to expand existing
businesses/developments and because of the size of the existing property size found it
impossible to be successful in applying for a change of use or expansion of their businesses
due to their inability to meet the minimum parking standards. This has created an economic
issue for some City of Tigard property owners.
development
• In 2012 the city received complaints from a residential neighborhood adjacent to a multi-
tenant development where uses had changed over a period of time and the mix was such
that there was insufficient onsite parking and it began to spill over into the residential
neighborhood.
• Staff viewed the issues considering the perspectives of economic development and the
interests of the adjacent property owners and endeavored to strike a balance to determine
the"right"numbers for parking requirements in the City of Tigard. Metro's numbers
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 1
seemed high and the applicant's proposals seemed a little low. Staff proposed numbers to
provide a"bridge"and recommended changes to the code until there could be a
comprehensive review of parking standards in the future.
• The Transportation System Plan adopted in 2010 recommends looking at parking ratios to
determine if these need to be changed and possibly lowered. The recommendation
proposes this review to be done in a comprehensive manner. This comprehensive review is
not on the schedule of Community Development Department projects,which is why the
staff is proposing the "bridge"to allow economic development to occur in the meantime.
• The information provided by the applicant on parking standards was reviewed.
• Many of the area jurisdictions adopted the Metro minimum parking ratios.
• A chart showing proposed or recommended parking standards was reviewed and included
the"ITE Peak," "City of Tigard Minimum," "Applicant's proposal," and the"Staff
proposal."
• Staff thought the numbers proposed by the applicant were too low based on the ITE
information and requirements in place by other jurisdictions. Staff has proposed minimum
parking requirements based on being somewhat"in the middle"and to avoid creating
unforeseen problems.
Senior Transportation Planner Gray provided the following information:
• Prior to coming on staff for the City of Tigard, Ms. Gray was a transportation consultant for
Kittelson&Associates and her specialty area was parking.
• The application before the City Council is unusual in that it is rare for a private
developer/property owner to seek a code change affecting the entire city. Citywide code
changes are most often initiated by the city. If the city were proposing changes in parking,
the approach would be to have quite a lot of data collection and public outreach.
• The materials provided by the applicant are not as extensive as what the city would like;
however, staff appreciates that this proposal moves the city toward a direction it wants to go.
• Ms. Gray reviewed the table showing the proposed or recommended parking standard
comparisons. She referred to the abundance of data that is available that could be analyzed
and considered when considering this type of code change. There is no "one right number"
to select on the chart—there are trade-offs to consider—it is about trying to find the right
balance for the community.
• The benefit of the proposal before the City Council is that it provides for some benefit for
economic development that cannot occur because of current code constraints.
• While the applicant's proposal does not provide as much data as what is typically preferred,
the impacts are relatively minor because it is reducing the minimum and not changing the
maximum numbers. The effects resulting with implementation of the staff proposal would
be fairly narrow.
• The current situation with the parking standards is not unique to Tigard in that many cities
adopted parking requirements in the 60's and 70's;many of these requirements have not
been updated regularly.
c. Council/Staff Discussion
• In response to questions from Mayor Cook and Councilor Snider, Senior Transportation
Planner Gray reviewed the differences between what the applicant was requesting and the
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 2
staffs proposal. She confirmed that the staff recommendation was based more on
experience with ramifications of setting certain minimum requirements since the data depth
is not available at this time. The nexus of requiring parking spaces in relation to the square
area of the building was discussed and questioned since the amount of space devoted to
kitchen area and storage was not factored. Ms. Gray said restaurants have a higher demand
for parking than many other commercial uses but acknowledged that the current
requirements for restaurant parking could pose a hardship especially when there are so many
vacant commercial spaces. She said, as an interim step,taking a moderate reduction would
be a good idea.
• Councilor Buehner referred to the recent City of Portland negative experiences when it
eliminated certain parking requirements. She said she wanted to avoid a similar situation in
Tigard.
• In response to a question from Councilor Snider,Associate Planner Caines advised the
applicant is aware of and supports the staff recommendation.
• Mayor Cook asked about the triggers for changes in parking requirements. Associate
Planner Caines said that, for example,if a retail shop moves out and their parking
requirement is 3.7 spaces per 1,000 square fegt<and:then a restaurant moves in, the parking
requirement increases to 9.9 spaces per 1,000 square feet. This is a huge difference in the
number of parking spaces required and if the property owner cannot show that the spaces
are available or can be provided on the site,then staff cannot approve the use change. The
realityis that sometimes the amount of parking required is not needed.
• CJ Councilor Woodard referred to the Nimbus development and the circumstance
whereby two commercial spaces are vacant because of the parking requirements. He asked
if the staff proposal would make a difference for this development. Associate Planner
Caines advised the applicant is the owner of the Nimbus Center. With the reductions
recommended by staff, the minimums would not be met;however,the applicant could apply
for an adjustment,which would get them to the point where they could go ahead with the
mix of uses they were considering. Council r Woodard referred to numbers contained in
the attachments to the Agenda Item Summary for this matter noting that it appears even
during peak time;parking lots are only 50-60 percent full. He questioned whether the
amendments proposed by staff are adequate,especially with the changes now apparent in
how people do business;i.e., online banking. He would like to see the most flexibility
possible to assist with economic development,which appears to be supported by the data.
While Councilor Woodard acknowledged taking a more cautious approach,he would rather
see the requirements support economic development and more flexibility would appear to
be closer to doing"it right."
• R Senior Transportation Planner Gray commented that in many cities,if a developer
wanted to get an adjustment to the parking requirement for a new fast food restaurant,to
support a site-specific adjustment,they would take counts on three to five similar sites. The
proposal before the City Council represents a citywide change,which is why she felt the data
submitted by the applicant was not quite enough to support a citywide change. She added
that the information provided does indicate a direction to ease up on minimum parking
requirements. If additional ease is warranted,it can be allowed if a property owner justifies
the ggneed.
• RJ Council President Henderson agreed the data supports the direction proposed by the
applicant and staff with regard to helping business. However,he is concerned that a
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 3
property owner would still need to go through an expensive review process. He referred to
his office complex and the fact that it was too expensive to have a restaurant. He has a fast
food establishment at this complex and he rents 20 additional parking spaces at an adjacent
church for$450/month. He said lowering the minimum parking standards would send a
signal that Tigard is "open for business." He acknowledged this type of code change would
affect the road maintenance fee calculations. Council President Henderson said he would
prefer to get this done correctly the first time;that is,do not settle for mediocre. In
response to a question from Councilor Snider, Council President Henderson indicated his
preference was for the applicant's proposal. During his comments he would like to see a
review of how the square footage area for businesses is calculated. He said the Papa John's
establishment in his complex is 1,500 square feet and requires 20 parking spots because there
is an extra 600 square feet of overhang on the building that is included in the calculation for
parking requirements.
• 10 Councilor Woodard responded to Council President Henderson's suggestion that the
applicant's proposal was acceptable and he said he prefer a proposal that weld set
minimum parking requirements at numbers representing a compromise between the
applicant's proposal and the staff s recommendation.
d. Public Testimony
10 Applicant representative from Killian Pacific,Vice President/Head of Development Noel
Johnson, 500 East Broadway,Vancouver Washington,offered testimony:
• His company owns several properties in Tigard including the Nimbus Retail Center at
Scholls Ferry Road and Nimbus. There are a number of vacancies at this center due
solely to the"challenge that is before us"
• A significant component of his company comprises large and small retail developments.
• For a number of pears the Nimbus Cen*r has had problems and after talking to Tigard
staff, they decided to attempt to resolve the issues,which are keeping the center from
developing to its potential.. They decided that rather than to simply to pursue a solution
that would only benefit this one center,they would pursue a solution that would benefit
other properties in the city,that is spend the money and be a company focused on the
community.
• Mian Pacific has,spent about$55,000 on this effort to create the data to support their
application from work done by Kittelson&Associates, other firms and experts. While
the result is not ideal,it gives a good indication on where to go.
• While the applicant continues to prefer the numbers proposed in their application, they
accept staffs recommendation. He acknowledged the capabilities of Tigard staff and
especially noted the expertise in this area possessed by Senior Transportation Planner
Gray. He acceded that if Ms. Gray said this was worth more study,then it probably
should be studied more. He added the applicant would appreciate the change to happen
now so they could work towards getting the Nimbus Center vibrant. They would have
an opportunity to apply for an adjustment to meet their business needs.
• Mr.Johnson said they supported and encouraged continued study of this area of the
code to adjust to the changing realities of how business is being conducted.
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 4
CEJ Councilor Buehner said she appreciated Mr.Johnson's words of support for the expertise
possessed by Senior Transportation Planner Gray in this area of the code.
ElIn response to a question from Council President Henderson,Mr.Johnson said further
study would be enlightening and allow additional consideration of how to address parking
demands for parking in different settings including urban development. The proposal tonight
represents a first step to strike a balance between more and less urban types of development.
His company does not want parking spillover to neighborhoods to become a problem.
HCouncilor Snider thanked Mr.Johnson for his company's approach to this matter to take a
more global look toward finding solutions. Killian Pacific has done more than its part to analyze
this situation and bring the matter forward because of the legitimate concerns adversely affecting
Tigard businesses.
19 In response to a comment from Councilor Buehner,Mr.Johnson agreed that the proposed
code change would make a difference for his company by allowing more flexibility. Once
approved,his company will immediately move forward so they can completely fill up the
Nimbus Center with tenants.
10 Councilor Snider asked about how the staff proposal would be of benefit to the applicant.
Mr.Johnson said they would be able to move forward without further process toward filling up
vacancies in the center if the applicant's proposal was approved. They would need to apply for
an adjustment if the staff's recommendation was approved. He said this has been a multiple
month process and no one is certain about"what the right numbers are." While the experts
employed by the Killian Pacific firm are in support of what the applicant proposes,Mr.Johnson
said he defers to Senior Transportation Planner Gray's (staff's) recommendation.
HCouncilor Snider summarized that it appears the council is being asked to make a big
changed based on a relatively incomplete study. Ms. Gray said the data is very limited to go
forward with a citywide code amendment,which is why the staff makes the recommendation
before the City Council.
ICJ Mr.Johnson again noted support for the staff's recommendation as well as doing more
study at a later date to determine if additional changes are warranted.
I@ Richard Shavey, 11371 SW Sycamore,Tigard, OR 97223 advised he has been working with
downtown landowners. Parking is the biggest issue in the downtown,which he sees is more of a
matter of how the existing parking is being used. He said the downtown landowners need to
resolve this issue,not the city. Mr. Shavey said he has a great deal of respect for any property
owner who initiates the action to make a recommendation to the city. He said economic
development is a big issue for him. His concern with the proposal before the City Council is
that it is a"bridge approach" to spur economic development based on less than thorough
information. He referred to the proposal for a comprehensive study and questioned when such
a study could be undertaken and analyzed. In this case"we don't know the answers" and he
would prefer having the information before proceeding.
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 5
ElSenior Transportation Planner Gray responded to Mr. Shavey's comments and noted she
would defer response to Assistant Community Development Director McGuire with regard to
the Community Development Department work program and budget. Mr. McGuire advised
that next month he will brief the City Council and Planning Commission on upcoming
legislative projects to update/revise various sections of the code. The parking issue is scheduled
for review in the fall of 2014. Mr. Shavey acknowledged the workload of existing staff;however,
noted his dismay that it would take this long to review this matter. Discussion followed about
whether reprioritization should occur. Councilor Buehner noted the city's priority is to
complete the River Terrace Community Planning.
d. Staff Recommendation: Associate Planner Caines said staff's recommendation is to include the
proposed changes recommended by the Planning Commission at its hearing and further
amended by staff.
e. Mayor Cook closed the public hearing.
f. Council consideration/discussion.
City Attorney Watts addressed Council President Henderson's announcement that he would
recuse himself from voting on this matter. Generally advice on conflict issues is handled by the
state ethics office. Mr.Watts said he heard Council President Henderson announce earlier that
he might be financially impacted by a decision on the City Council on this matter. He said that
Council President Henderson has disclosed this to the public and said he tends to advise a
cautious approach on these issues of abstaining if there is any question. Mr.Watts said his
advice would be for Council President Henderson to abstain on this issue. Council President
Henderson said he would"abstain with comment."
Council President Henderson said that,"I really°think that if we don't take the most
conservative stand on this that we will be looking at problems down the line. I still come back
and say this is going to trigger the road maintenance fee and we have been promised every year
that we would have thorough investigation of this. I still think that we need to do that in total. I
don't think we understand what is actually going to happen to us when we do this."
IJ Councilor Snider asked Council President Henderson what he means by taking a
conservative approach. Council President Henderson said he would rather we"pull this back as
far as we can rather than taking a higher level and saying`well,we're going to cut later when the
information finally gets to us."' Councilor Snider asked if Council President Henderson was
recommending that the council adopt the applicant's recommendations. Council President
Henderson said, "Correct." He said from an economic development perspective,he thinks the
applicant's proposal is the best. Staff admits there is a problem. Councilor Snider said
consideration should be given to making a mistake if a decision is made too far the other way.
10 Councilor Woodard said he was considering adjusting the proposed numbers lower. He
said he did not think the city has ever addressed the policy with"overhang." He said he is
unsure whether square footage is a true representation of the facility. He has not reviewed this
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 6
policy but said such a review might change his decision-making process. It makes it difficult for
him to say the staff recommendation is the best.
City Manager Wine asked for staff to respond to the question of how square footage is
determined in relation to the requirements for parking. Associate Planner Caines said that
parking ratios are based on floor area. The definition of floor area includes any area that is
under a roof. There were comments from council that this definition is "wrong." Councilor
Woodard said this is a problem for him and because of this,he would lean more toward"the
m1n1n1Lin1."
10 City Manager Wine reiterated Assistant Community Development Director McGuire's
earlier comments to the City Council that through an upcoming regulatory reform process, the
Community Development Department staff regularly collects issues regarding problems with the
code to address. When the City Council reviews the projects on the work plan,this issue being
discussed by the council will be included. Issues can be addressed at the time code sections are
reviewed;i.e., the point about the street maintenance fee or council's concerns regarding square
footage calculation methodology.
10 Discussion followed on how these code adjustments can be made.
10 City Manager Wine explained how the street maintenance fees are calculated. While exact
predictions of the magnitude on the overall fees cannot be made,if the council reduces the
minimum requirements for parking spaces, then those spades would be removed from the street
maintenance fee calculations. It appears that the proposed changes are not so radical that it
would greatly affect the total street maintenance fee revenue. Every five years the city reviews
the street maintenance fee calculations. These issues are not before the City Council tonight;
however,if council wants to review the street maintenance fee, then staff can bring this forward.
Given the number of properties-that would be Afected by the proposed amendment, City
Manager Wine said the impact to the street maintenance fee should not be significant. Staff was
bringing this information to the council so it would understand that parking spaces are included
in the street maintenance fee as a proxy for vehicle trips and as soon as you start taking parking
spaces out of the calculation,it can affect the fee level.
10 Councilor Buehner said she thinks the council should defer to the point that a major
overhaul of the code is coming and the code should not be rewritten in total this evening.
Councilor Buehner made a motion to approve Ordinance No. 13-07 using the recommendation
of staff,particularly.since"we have the parking guru on staff'and it would be foolish to ignore
her recommendation. She said she would add to the motion that"these items be included in the
review as we move forward."This change is going to make a big difference to businesses.
Councilor Buehner said"I don't want to be trying to make citywide major changes without
having all of the data."
ElCouncilor Snider asked for an opportunity to ask some additional questions and was not
ready for a second to the motion. Councilor Woodard said he also was not ready for a second
to the motion.
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 7
12 Councilor Snider said he did not like to make big changes on short notice. He said it
appears the council has struck upon an issue as they are struggling with the staff
recommendation and balancing it with economic development and the applicant's testimony.
He referred to the calculations and the issues brought up with how square footage is considered.
His question on the table is whether it is written in code with regard to how the calculations are
done or is it prescribed in administrative rules.A code change takes 18 months while an
administrative rule could be more easily amended. Councilor Snider said he has not heard
testimony regarding the confidence in any of the proposed options for parking;therefore,it
appears that council can draw its own conclusions about how to address this matter.
10 Assistant Community Development Director McGuire responded to Councilor Snider that
the calculations are prescribed in the code;that is, the calculations are not subject to
interpretation. He said he was not making a recommendation one way or another,but reminded
the City Council about frequent complaints that the code is too complex. If the decision is
made to calculate some things one way and other things another way, errors and omissions can
be the result and/or the code has become more complex.
fJ Councilor Woodard said he sees three options available to the City Council:
Option 1 —The proposed amendments as recommended by staff.
Option 2—A median approach (between Option 1 and 2).
Option 3—The proposed amendments submitted by the applicant.
Councilor Woodard proposed Option 2,which would mean the proposed code numbers would
appear as follows:
Use Minimums
Current Proposed Amended by Sta
Council
Eating and Drinking Fast Food: 9.9/1,000 6.0/1,000 7.0"/1.000
Estabhshments181 Other: 15.3/1,000 8.0/1,000 9.0 49.8/1000
Sales-Oriented Retail 3.7/1,000 3.0/1,000 3.0/1,000
Personal Services (Bank
with drive-through) 4.3/1,000 2,7/1,000 3.0 4:3/1,000{fte
B�Fast food designation includes all eating and drinking establishments with a"walk up counter"or less than
ten 10 tables in the dinin area.
In response to a question from Councilor Snider,City Attorney Watts said the council has the
ability to choose the staffs proposal,the applicant's request or for the council to "make your
own path." He said there has been public notice on the parking requirements, there has been
no notice regarding the calculation of the square footage nor has there been a notice about
changes to the calculation of the street maintenance fees. These two topics would likely be of
great interest to many business owners and individuals in the city and cautioned the council not
to take positions on these topics tonight.
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
Page 8
10 Councilor Woodard said his changes only relate to the numbers per 1,000 square feet.
Gl Council President Henderson said he would like to have staff look into the two topics referred
to by City Attorney Watts.
10 Mayor Cook noted that the proposed amendments only affect a few establishments now. The
entire code will need to be reviewed at a later date after further study.
IRCouncilor Snider proposed the council go forward with Councilor Viii'tidard's
recommendations of"7, 9, 3 and 3." After confirmation of these numbs by Councilor Woodard,
Councilor Snider said his proposal as stated above is a motion.
10 Councilor Woodard seconded the motion.
The motion was approved by a majority vote of City Council present.
Mayor Cook Yes
Council President Henderson Abstain
Councilor Buehner No
Councilor Snider Yes
Councilor Woodard Yes
IRLater in the meeting proceedings Mayor Cook asked for the City Recorder to read the number
and title of the proposed ordinance:
City Recorder Wheatley read the following:
ORDINANCE NO. 13-07 -AN ORDINANCE AMENDING THE TIGARD COMMUNITY
DEVELOPMENT CODE CHAPTER 18.765,TO REDUCE MINIMUM PARKING RATIOS
FOR EATING AND DRINKING ESTABLISHMENTS,SALES-ORIENTED RETAIL AND
PERSCTAL SERVICES—BANK WITH DRIVE-THROUGH USES AND REDUCE THE
MINIMUM PARKING PERCENTAGES WITHIN MIXED USE AND MULTI-TENANT
DEVELOPMENTS (DCA2013-00001)AS AMENDED.
A roll call vote was taken and the ordinance was adopted by a majority vote of the City Council:
Mayor Cook Yes
Council President Henderson Abstain
Councilor Buehner No
Councilor Snider Yes
Councilor Woodard Yes
Draft prepared by Catherine Wheatley,Tigard City Recorder
May 16,2013
Draft Minutes—Agenda Item No. 10
Tigard City Council Meeting of May 14,2013
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