Ordinance No. 15-16 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 15- 16
AN ORDINANCE APPROVING A COMPREHENSIVE PLAN MAP AMENDMENT (CPA2015-00004)
AND ZONE MAP AMENDMENT (ZON2015-00005) FOR THE 42.6-ACRE FIELDS TRUST
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SW HUNZIKER ROAD & SW WALL
STREET, TO AMEND THE COMPREHENSIVE PLAN MAP FROM 37.4 ACRES OF LIGHT
INDUSTRIAL (IL), 3.1 ACRES OF PROFESSIONAL COMMERCIAL (CP),AND 2.1 ACRES OF LOW
DENSITY RESIDENTIAL (L) TO 18.3 ACRES OF LIGHT INDUSTRIAL (IL) AND 24.2 ACRES OF
MIXED USE EMPLOYMENT (MUE). THE PROPOSAL WOULD ALSO AMEND THE ZONING
MAP FROM 37.4 ACRES OF INDUSTRIAL PARK (I-P), 3.1 ACRES OF
PROFESSIONAL/ADMINISTRATIVE COMMERCIAL (C-P), AND 2.1 ACRES OF LOW-DENSITY
RESIDENTIAL (R-3.5) TO 18.3 ACRES OF I-P AND 24.2 ACRES OF MUE. SUBJECT TO
CONDITIONS OF APPROVAL 1) APPLYING THE PLANNED DEVELOPMENT OVERLAY
ZONE, 2) PRESERVERING EMPLOYMENT CAPACITY, 3) IMPOSING A TRIP CAP, AND 4)
ENSURING A 50-FOOT FORESTED BUFFER. THE SUBJECT PROPERTY AS OF THE DATE OF
THIS ORDINANCE IS WASHINGTON COUNTY TAX ASSESSOR'S MAP AND TAX LOTS
2S 1010001100,2S 101 CA00100,2S 101 CA00800,AND 2S 101 DB00400.
WHEREAS, Section 18.380.030.A of the City of Tigard Community Development Code requires
quasi-judicial zoning map amendments to be undertaken by means of a Type III-PC procedure, as governed
by Section 18.390.050,using standards of approval contained in Subsection 18.380.030.B;and
WHEREAS, Section 18.380.030.A.2 of the City of Tigard Community Development Code requires the
Planning Commission make a recommendation to the council on an application for a comprehensive plan
map amendment; and
WHEREAS, Section 18.380.030.B.1 of the City of Tigard Community Development Code requires
demonstration of compliance with all applicable comprehensive plan policies and map designations; and
WHEREAS, Section 18.380.030.B.2 of the Tigard Development Community Development Code requires
demonstration of compliance with all applicable standards of any provision of this code or other applicable
implementing ordinances;and
WHEREAS, Section 18.380.030.B.3 of the City of Tigard Community Development Code requires evidence of
change in the neighborhood or community, or a mistake or inconsistency in the comprehensive plan or zoning
map as it relates to the property which is the subject of the development application;and
WHEREAS, pursuant to Section 18.390.060.G of the Tigard Development Code, a recommendation by the
Planning Commission, and a decision by the council, shall be based on consideration of Statewide Planning
Goals and guidelines adopted under Oregon Revised Statues; any federal or state statutes or regulations found
applicable;and any applicable Metro regulations;and
WHEREAS, the Tigard Planning Commission held a public hearing on August 17, 2015, and recommended
approval of CPA2014-00004/ZON2015-00005 by motion passed unanimously;and
ORDINANCE No. 15-16
Page 1
WHEREAS, the Tigard City Council held a public hearing on October 13, 2015, to consider the request for a
quasi-judicial comprehensive plan and zone map amendment and determined that the amendments will not
adversely affect the health,safety and welfare of the city and meet all applicable review criteria.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Comprehensive Plan Amendment (CPA2015-00004) and Zone Change (ZON2015-00005)
are hereby approved by the City Council, subject to the conditions of approval in the
Planning Commission Recommendation to Council dated August 24, 2015.
SECTION 2: The attached findings in the August 24, 2015 Planning Commission Recommendation are
hereby adopted in explanation of the councirs decision (Exhibit"A").
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number
and title only, this ' �---day of a a.)Z Pte- ,2015.
Carol Krager,City Rec rder
APPROVED: By Tigard City Council this .2 2 day of Z CLl d 6e-t_ ,2015.
John ok,Mayor
Approved as to form:
City Attorney
( 0 2 7
Date
ORDINANCE No. 15-
Page 2
Exhibit A
PLANNING COMMISSION RECOMMENDATION ■
TO CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
FILE NAME: FIELDS TRUST PLAN AMENDMENT AND ZONE CHANGE
FILE NOS.: Comprehensive Plan Amendment CPA2015-00004
Zone Change AmendmentLON2015-(X)005
PROPOSAL: 17ne Fred W. Fields I-rust proposes to amend the comprehensive plan map from 37.4
acres of light Industrial (IL), 3.1 acres of Professional Commercial (CP), and 2.1
acres of Low Density Residential (L) to 18.3 acres of Light Industrial (IL) and 24.2
acres of Mixed Use Employment(111UE).The proposal would also amend the •coning
map from 37.4 acres of Industrial Park (I-P),3.1 acres of Professional/Administrative
Corrunercial (C-P), and 2.1 acres of Low-Density Residential (R-3.5) to 18.3 acres of
I-P and 24.2 acres of NIUE.
APPLICANT Fred )X'. Fields Revocable Living Trust OWNER: Fred Vt'. Fields Revocable
c/o Miller Nash Graham& Dunn LLP Living Trust
Attention: Kelly 1-lossaini
111 S\X' 5th Ave, #3400
Portland, OR 97204
LOCATION: Southwest corner of SW I-lunziker Road & S\X' \X'all Street; WCTXI and Tax Lots
2SIO10001100, 2SIOICA00100, 2S101D1300300, and 2S101DB00400.
CURRENT ZONE/
COMP. PLAN
DESIGNATION:
I-P: industrial park district. The 1-1) zoning district provides appropriate locations for
combi big light manufacturing, office and small-scale commercial uses, e.g.,
restaurants, personal services and fitness centers,in a campus-like setting. Only those
light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are
permitted in the 1-P zone. In addition to mandator)- site development review, design
and development standards in the I-P zone have been adopted to insure that
developments will be well-integrated,attractively landscaped,and pedestrian-friendly.
C-P: professional/administrative commercial district. Ibe C-P zoning district is
designed to accommodate civic and business/professional services and compatible
support services, e.g., convenience retail and personal services, restaurants, in close
proximity to residential areas and major transportation facilities. Within the Tigard
Triangle and Bull Mountain Road District, residential uses at a minimum density, of
32 units/net acre., i.e., equivalent to the R-40 zoning district, are perlmittea in
conjunction with a commercial development. Heliports, medical centers, religious
institutions and utilities are permitted conditionally. Developments in the C-P
zoning district are intended to serve as a buffer between residential areas and more-
intensive commercial and industrial areas.
R-3.5: low-density residential district. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 10,000 square feet. Duplexes are permitted
conditionalh•. Some civic and institutional uses are also permitted conditional])'.
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PROPOSED ZONE/
COMP.PLAN
DESIGNATION: NIUE: mixed-use employment. The MUE zoning district is des�'gned to appply to a
majorirn of the land within the Tigard Triangle, a regional mixed-use employment
district bounded by Pacific Highway (Hwy. 99), Highway 217 and I-5. This zoning
district permits a wide range of uses including major retail goods and services,
business/professional offices, civic uses and ousing; the latter includes multi-
family housing at a maximum density of 25 units/acre, equivalent to the R-25
zoning district. A wide range of uses, including but not limited to community
recreation facilities, medical centers, schools, utilities and transit-related park-and-
ride lots, are permitted conditionally. Although it is recognized that the automobile
will accommodate the vast majority of trips to and wi� the Triangle, it is still
important to (1) support alternative modes of transportation to the greatest extent
possible; and (2) encourage a mix of uses to facilitate intra-district pedestrian and
transit trips even for those who drive. The zone may be applied elsewhere in the
city through the legislative process.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.380;Comprehensive Plan Goals 1,2,9
and 10; Statewide Planning Goals 1, 2, 9 and 10; Oregon Administrative Rule 660,
Division 9; the Oregon State Transportation Planning Rule (OR) 660-012-0060;
and Metro Title 4.
SECTION II. PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends, APPROVAL to Cin- Council of the proposed Comprehensive
Plan Amendment and Zone Change subject to the Findings in Section I\' of this Staff Report and the
following recommended conditions of approval.
Amendments bj, the Planning Commission to thr conditions of approval recommended in the staff report are indicated in
bold itallic, below.
CONDITIONS OF APPROVAL
1. The planned development overlay zone shall be applied concurrently with the proposed MUE
zone.
2. Future development within the NIUE zone shall include a minimum of 280 non-retail jobs to
preserve employment land capacity consistent with the city's amended 2011 EOA.
3. The site shall be limited to a maximum of 630 a.m. peak hour trips and 630p m. peak hour trips.
If the applicant or future property owners wish to allow for more trips, a Comprehensive Plan
Amendment (CPA) with Transportation Planning Rule OAR 660-012-0060 analysis will be
required to determine whether the limit can be revised or removed. The trip cap shall be
implemented as a condition of approval on subsequent land use permits for proposed
development and will be listed as a condition of approval in the ordinance adopting the zone
change,if approved by the City Council.
4. The applicant shall record an easement, restrictive covenant or similar instrument on the subject
property that is acceptable to the city to ensure a 50-foot wide forested buffer is maintained along
the eastern property boundary abutting the Rolling Hills subdivision.
SECTION III, BACKGROUND INFORMATION
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Planning mmission Hearing andDeliberation
The Planning Commission hel a hearing on July 20, 2015 to consider the request and take public
testimony. The record was left open until August 3rd for additional testimony, and until August 10th for
rebuttal testimony. All testimony was posted to the city's website for interested parties to review. The
Commission continued the hearing to August 17,2015 for deliberation.
Neighborhood Testimony
The Rolling Hills community testified, with some thirty comment letters, to appeaceful enclave, an oasis,
where two generations of families have enjoyed a wonderful quality of life; u-here, as the traffic around
them has grown intolerable, they have been able to presen•e calm streets that foster close social ties among
each other. Their testimony addressed four basic issues aimed at protecting the quality of life of the
Rolling Hills neighborhood.
1) Identif}-ing that traffic in the surrounding area currently exceeds the capacity of the street network;
2) Requesting closure of Varns Street at the Fields property to limit traffic through the neighborhood.
3) Supporting an historic 50-foot forested buffer along the full length of the neighborhood.
4) Requesting less intense zoning adjacent to the northern part of the neighborhood at 76th and Crestview.
The commission supported the 50-foot forested buffer, as recommended through condition #4, but found
that the transportation-related issues and compatibility of adjacent uses would more appropriately be
addressed at the time of development application under a planned development review procedure, as
recommended through condition of approval#1.
Trans ortation Planning Rule Compliance
ODOT provided testimony addressing the assumptions underlying the applicant's evidence submitted to
satisfy the Transportation Planning Rule requirement for zone changes. General agreement was reached
on the amount of development that would represent a reasonable worst case scenario with a 0.30 Floor
Area Ratio. However, a difference remains with respect to the number of trips generated as determined by
the type of development anticipated. Where ODOT prefers the Business Park land use type, the city
agrees with the applicant that using the Office Park land use type better reflects the slope constraint on the
site that underlies the proposed zone change. The city supports the August 3rd MacKenzie Memo
recommendation for a trip cap of 630 AM and 630 PM peak hour trips be applied to the 24.56 acres
subject to the zone change,as recommended through condition of approval#3.
Jobs Capacity Maintained
ecommended condition of approval #2 requires future development within the NIDE zone to include a
minimum of 280 non-retail jobs to presen-e employment land capacity consistent with the city's amended
2011 EOA. This condition is supported by the applicant and was not an issue during the Commission
hearing.
Site History
The 42.5-acre property that is the subject of this application was owned by Fred W. Fields for many years
before his death in 2011. It is presently owned by the Fred W. Fields Trust.The current zoning designations
on the property have been in effect for several decades. The industrially zoned portion of the property was
nominally used as part of the Coe Manufacturing facility, located at 7930 SW Hunziker Road, directly across
Wall Street. Although this property was never fully developed, in the late 1960s a rail spur was constructed
along the western edge of the property abutting\kali Street. Beginning in the early 1950s, the southwestern
end of the industrially zoned portion of the property was used as a brick-making facility. Remnants of that
facility still exist, including a concrete foundation. In 2012, the Trust had an on-site horizontal mine shaft,
which was used for clay removal, filled in for safety reasons.A single family home existed on the residentially
zoned portion of the property, but was demolished in 2012. There have been no other uses of the property
during the last 70 or so years.
PLANNING COMMISSION RECOMMENDATION TO COUNCIL-AUGUST'1;,2015 PUBLIC;HEARING
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City of Tigard/Fields Trust Cooperation
The City has worked with Fred Fields over the years with respect to land use issues including acquisition of
property for the Library in the early 2000s and acquisition, with Metro, of adjacent property to the east for
natural resource conservation. This application is the outcome of efforts between the Fields Trust and the
city to unlock the development potential of adjacent upland property, which has remained undeveloped in
the heart of the city-. The central problem has been a mismatch between the existing Industrial Park zoning
designation and the slopes on the subject site being unsuitable for industrial development as outlined in
Attachment 2 of the application, Fields Property Development Analysis and Opportunity Study, dated
February 13,2014. The applicant's narrative describes this cooperative effort in detail.
In February 2014, the results of the Development Analysis were shared with the City's Planning Commission
and City Council. Both bodies gave the Trust and staff feedback on the Development Analysis, and
expressed support for the overall direction recommended by that analysis. Both bodies anticipated a follow-
up application from the Trust requesting a comprehensive plan map amendment and zone change consistent
with the Development Analysis recommendations.
Infrastructure Finance Plan
As a follow-up to the Development Analysis, the City applied for and received a grant from the Department
of Land Conservation and Development (DLCD) to prepare an infrastructure finance plan for the Fields
Trust property, as well as the surrounding Wall Street/Hunziker Road industrial area to the west and north.
The purpose of the study was to quantify the need for and appropriate size of public infrastructure in the
area, with the hope of ultimately spurring economic development. The infrastructure study recognized that
not only would the Fields Trust property need significant infrastructure investment, much of the adjacent
industrial property - especially to the west of Wall Street - is substantially underdeveloped and would also
benefit from public infrastructure investment. The infrastructure plan was completed late last year and
continues to inform the City's actions regarding the Wall Street/liunziker Road area, as well as the Trust's
planning for its property.
Economic Opportunities Analysis Amendment
In March 2015, the City Council adopted an amendment to its 2011 Economic Opportunities Analysis
(EOA) acknowledging that slope was not taken into account as a factor in determining the suitability of
vacant or redevelopable land in the city for industrial uses. Both state law and Metro allow slope to be a
limiting factor in the designation of industrial land. (See OAR 660-009-0015(3)(a)(B)and Metro's 2009 Urban
Growth Report.) This omission resulted in an overstatement of available and suitable industrial land in
Tigard, resulting in a deficit of industrial land supply. The amendment allows industrially zoned properties
with significant slope, like the Fields Trust property, to be rezoned for more feasible uses and highlights the
need, under an efficient land needs scenario, to consider job density in employment land development and
redevelopment.
Site Information and Pr al Description
The proposal is to amend the comprehensive plan map from 37.4 acres of Light Industrial (IL, 3.1 acres of
Professional Commercial CP), and 2.1 acres o Low Density Residential to 18.3 acres of Light Industrial and
24.2 acres of Mixed Use Employment (MUE). The proposal would also amend the zoning map from 37.4
acres of Industrial Park (I-P), 3.1 acres of Professional/Administrative Commercial (C-P), and 2.1 acres of
Low-Density Residential (R-3.5) to 18.3 acres of I-P and 24.2 acres of MUE. The application is required to
meet approval criteria set forth in the Tigard Municipal Code(TMC or Municipal Code)Title 18 Community
Development Code.The application is submitted in response to site slopes and other constraints which make
the eastern portion of the site unsuitable for industrial uses. No development plans accompany this land use
application and no specific development plans exist for the majority of the portion of the property subject to
the comprehensive plan map amendment and zone change. The proposed amendment and zone change is
shown in the applicant's figure below.
PLANNING COMMISSION RECOMMENDATION 7'O COUNCIL-ALIGU51'17,2015 PUBLIC HEARING
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Vicinity Information
The site is located south of Hunziker Road and east of Wall Street. The low density residential Rolling
Hills neighborhood.borders the subject site to the east. A railroad switching yard abuts the site on the
southwest with a pvate rail spur running across the subject property adjacent and parallel to Wall Street.
Red Rock Creek flows parallel to Wall Street to the west of Charter Alechanical and the city's Potso Dog
Park located across Wall Street from the subject site. The Hunziker Industrial Core area extends further to
the west from Red Rock Creek to SNX'Hall Blvd between Hwy 217 and the railroad.
SECTION IV, APPLICABLE REVIEW CRITERIA AND FINDINGS
TIGARD DEVELOPMENT CODE CHAPTER 18.380:
18.380.030 Quasi-judicial Amendments and Procedures to this Title and Map
Quasi-judicial zoning mapy amendments shall be undertaken by means of a Type III-PC
procedure, as governed Section 18.390.050, using standards of approval contained in
Subsection B below.
A. The Commission shall make a recommendation to the Council on a zone change application
which also involves a concurrent application for a comprehensive plan map amendment. The
Council shall decide the applications on the record as provided by Section 18.390.
The proposed zone change application to change the zoning on the subject site from I-P, C-P, and R-3.5
PLANNING COMMISSION RM)MMENDATION TO COUNCIL-AUGUST 17,2015 PUBLIC:I IEARING
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to MUE also involves a comprehensive plan map amendment from Industrial Park, Professional
Commercial and Low Density Residential to Mixed Use Employment. Therefore, the Planning
Commission shall make a recommendation to Council on the proposed zone change application and
comprehensive plan map amendment.
B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve,
approve with conditions or to deny an application for a quasi-judicial amendment shall be based
on all of the following standards:
18.380.030. B.1
Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES
The City has an acknowledged Comprehensive Plan consistent with the statewide planning goals.
Therefore, consistency with the applicable Comprehensive Plan goals and policies as addressed in this
section of the staff report constitute consistency with the applicable statewide planning goals.
CITIZEN INVOLVEMENT
Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate
in all phases of the planning process.
The applicant's representative sent out notices to surrounding propert}• owners and neighborhood
representatives, posted a s on the property, and held a neighborhood meeting on May 6, 2015 in
accordance with the City of �gard's neighborhood meeting notification process (Application,Attachment
5); aino tedin the summary, the primary concerns raised at the meeting were connection to `'anis Street
and otential removal of the 50-foot vegetated buffer required by the City under previous land use rules.
In adition, the City mailed notice of the Planning Commission hearing to property owners within 500
feet of the subject site, interested citizens, and agencies, published notice of the hearing, and posted the
site pursuant to TDC 18.390.050 for Type III Procedures. These parties have the opportunity to attend the
Planning Commission hearing and provide testimony.
FINDING: As shown in the analysis above, the proposed comprehensive plan and zone change is
consistent with the applicable Citizen Involvement Goal.
LAND USE PLANNING
Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans
as the legislative foundation of Tigard's land use planning program.
Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use
program with other potentially affected jurisdictions and agencies.
Notice and request for comments for the proposed zone change were sent to Department of Land
Conservation and Development (DLCD), Metro, Washington County and Oregon Department of
Transportation (ODOT). ODOT and Metro submitted comments on the proposal, which are included in
the findings of this report,below.This policy is met.
Policy 5. The City shall promote intense urban level development in Metro-designated Centers
and Corridors, and employment and industrial areas.
As shown in the applicant's materials 37.4 acres of subject property is included on Metro's Title 4
Industrial and Other Employment Areas map Qanuarti 2014) as a designated Industrial Area. Of this
amount, 17.9 acres would remain in the current I-P zone and 19.4 acres would be changed from Industrial
Area to Employment Area by virtue of a zone change to MUE. Given the unsuitability of the eastern
portion of the property for industrial uses, chang1ngg the comprehensive plan and zoning to MUE will
enable the City to promote a more intense urban development of the site.This policy is met.
PLANNING COMMISSION RTCOMNIENllATION TO COUNCIL-AUGUST 17,2015 PUBLIC HEARING
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Policy 6. The City shall promote the development and maintenance of a range of land use types
which are of sufficient economic value to fund needed services and advance the community's
social and fiscal stability.
As stated in the applicant's narrative, the rationale for the map amendments is to allow for a range of
development opportunities on the up-hill portion of the site that would offset the considerable
development costs associated with site grading and public improvement requirements necessary to lead to
industrial uses on the flatter, western portion. Ordinance 15-06 amended the comprehensive plan to
account for the slope constraints on approximately 17 acres of the site that hamper the ability to construct
large-footprint industrial buildings. The industrial uses, by themselves, would not provide sufficient
economic value to fund needed public facilities and services. The costs of developing this constrained
parcel to accommodate industrial activities undermine the potential economic value of the parcel itself as
currently zoned, and have led to it remaining vacant. In combination with the remaining I-P land, the
froposed rezoning to 11fUE provides a range of land use types which are of sufficient economic value to
und needed public facilities and services for the site and advance the City's social and fiscal stability. This
policy-is met.
Policy 7. The City's regulatory land use maps and development code shall implement the
Comprehensive Plan by providing for needed urban land uses including:
A. Residential;
B. Commercial and office employment including business parks;
C. Mixed use;
D. Industrial;
E. Overlay districts where natural resource protections or special planning and regulatory tools
are warranted; and
F. Public services.
Overall, the site would provide 18.3 acres of industrial land and 24.2 acres of mixed use employment land.
This application would change the plan designation of approximately 19.4 acres from IP to NIUE. The
need for industrial land is established in the city's 2011 EOA which indicates that under the Efficient Land
Need Scenario, the City's 20-year demand for vacant industrial is 48 acres and the 20-year supply is 50
acres. _although this action would decrease the industrial land area, there would be no net loss of acreage
designated for employment since the MUE designation accommodates a variety of employment types
some of which are also allowed in the IP zone, such as office use.
The simultaneous designation of 2.1 acres from R-3.5 to MUE would further enhance opportunities for
employment-related development by enlarging the supply of employment lands. In the context of the
City's overall supply of residential land, a reduction of 2.1 acres of low density residential is minimal
compared to the increase in residential capacity permitted in the MUE at 25 units per acre.
The proposed MUE zone ppermits a number of residential, civic, commercial, and industrial uses not
currently permitted in the C_
1' zone. Where no residential or industrial use are pemutted in the C-P zone,
the MUE ermits multifamily residential (R-25), light industrial, research and development, and some
warehouse freight movement. Civic uses are expanded in the MUE to include colleges, schools, and
community recreation. Commercial uses such as commercial lodging, eating drinking establishments and
sales oriented retail, where limited to a percentage of permitted uses in the C-P, are permitted outright in
the MUE.
On balance the proposal would provide a wider range of uses under the MUE zone suitable for a sloped
site,while limiting several uses currently permitted in the IP zone, such as industrial services and wholesale
sales. The City's regulatory land use maps and development code will continue to implement the
Comprehensive Plan y providing for needed urban land uses. This policy is met.
Policy 14. Applicants shall bear the burden of proof to demonstrate that land use applications are
consistent with applicable criteria and requirements of the Development Code, the
Comprehensive Plan, and when necessary, those of the state and other agencies.
The applicant's narrative provides evidence that the application substantially complies with applicable
criteria of the Statewide Planning Goals, Oregon Administrative Rules, Metro regulations, the Tigard
Comprehensive Plan, and the Tigard Community Development Code.This policy is met.
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Policy 15. In addition to other Comprehensive Plan goals and policies deemed applicable,
amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following
specific criteria:
A. Transportation and other public facilities and services shall be available,or committed to be
made available, and of sufficient capacity to serve the land uses allowed by the proposed map
designation.
Analysis of transportation impacts and public facility infrastructure (Application, Attachments 3 and 4)
indicates that the site would have access to infrastructure with sufficient capacityty to accommodate
development of the site under existing zoning or proposed zoning, and future dei elopment of the site
would improve both Hunziker Road and Wall Street. The Transportation Planning Rule analysis
Attachment 3) demonstrates that the PM peak trips for uses allowed in the existing and proposed zoning
esignations are similar; therefore, imposing a trip cap based on anticipated trip generation allowed in the
current zoning will ensure the amendment has no significant impact on transportation facilities. As
conditioned, this policy is met.
B. Development of land uses allowed by the new designation shall not negatively affect existing or
planned transportation or other public facilities and services.
As noted above, the applicant requests that the city condition the approval of the requested zone change
with atrip=dental
does not exceed the total number of automobile trips associated with the most intense
use, a medics /dental office. With a condition of approval implementing a trip cap on the subject site, this
Policy is met.
C. The new land use designation shall fulfill a proven community need such as provision of
needed commercialggoods and services, employment, housing, public and community services,
etc. in the particular Location,versus other appropriately designated and developable properties;
The applicant's Development Analysis and Opportunity Study demonstrates that,due to slope constraints,
the eastern portion of the subject pproperty is constrained for large footprint industrial type development.
The proposed alternative zone, MUE, permits multi-family residential development, which has been the
focus of developer and real estate market interest in the site. The applicant has shown that the ph sically
constrained portion of the property is more suitable for residential or office development than industrial.
This policy is met.
D. Demonstration that there is an inadequate amount of developable, appropriately designated,
land for the land uses that would be allowed by the new designation;
The proposal is for a change in comprehensive plan designation and zoning for land that is physically
constrained and not appropriate for its existing industrial designation. Given that the current industrial
designation is not appropriate for the site another more suitable designation is required. Under this action
this criterion does not apply since NIUE is an appropnate replacement designation but it is not necessarily
related to whether there is an inadequate amount of MUE designation in other areas. This criterion does
not apply.
E. Demonstration that land uses allowed in the proposed designation could be developed in
compliance with all applicable regulations and the purposes of any overlay district would be
fulfilled.
The applicant states uses allowed in the MUE zone can be arranged and clustered to fit into the site
topography rather than requiring mass grading to create the large, flat sites that would be necessary for
industrial uses. Subsequent Planned Di�velopment, Conditional Use and/or Site Development Reviews
would ensure development would comply with all applicable development code regulations. The subject
site is not currently designated with any overlay zones such as historic (HD) or planned development
(PD).This policy is met.
F. Land uses permitted by the proposed designation would be compatible, or capable of being
made compatible,with environmental conditions and surrounding land uses.
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The applicant's Development Analysis and Opportunity Study identifies site constraints that any
development would need to address. Constraints Include slope and configuration of site, slope of
Hunziker, Wall Street TSP classification and rail spur, wetlands, trees, limited access, and noise from the
railroad switching yard. Surrounding land uses include low density sing-family attached and detached
residential and industrial uses. The range of uses permitted in the NUE zone would require Conditional
Use and/or Site Development Review to ensure development would comply Nx-ith all applicable
development code regulations and be compatible with surrounding land uses.
However, the complexity of the site characteristics including environmental conditions and surrounding
land uses suggests a process that provides flexibility in site design to maximize the opportunities and
mitigate for the constraints of the site and surrounding land uses. Use of the Planned Development
over
zone is the be the best way to ensure permitted uses in the MUE zone are compatible, or are
capable of being made compatible, with environmental conditions and surrounding land uses. This is
demonstrated through the purpose statement of the Planned Development section of the Development
Code:
18.350.010 Purpose
A. The purposes of the planned development overlay Zone are.
1. To provide a means forpropegy development that is consistent with Tigard's Comprrhensim Plan thromgh the application
olflexible standards which consider and mitigate for the potential impacts to the city;and
2To provide such added benefits as increased natural areas or open space in the cii alternative building designs, walkable
communities,preservation of.ngnicant natural resources, aesthetic appeal, and other types of assets that contribute to the
larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code;and
3. o achieve unique neighborhoods (by varying the housing sty s through architecture agents, use of open space, innovative
transportation facilities) which will retain their character and city benefits, while respecting the ebaractenstscs of existing
nei&bborhoods through appropriate buffering and lot.rile transitionen •and
4. o preserve to the greatest extentpossible the e?.zstin /andscape jetures and amenities(trees, water rrsourrrs, ravines, etc.)
through the use of a planning procedure (site design and analyse,presentation of alternatives, conceptual mew, then detailed
review)that can relate the type and design of a development to a parliMar site;and
5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests
of the owner, developer, neighbors, and the atyand
6. To prordde a means to better relate the built environment to the natural environment through sustainable and innovative
building and public facility construction methods and materials.
A planned development overlay on the proposed MUE zone would best ensure development's
compatibility with site conditions. With a condition requiring the PD overlay,this policy is met.
G. Demonstration that the amendment does not detract from the viability of the City's natural
systems.
The subject site contains jurisdictional wetlands in the northwest area of the site, steep sloes along the
southern edge of the site, and lower value significant habitat designation on the uplands portion of the site
The applicant has roposed accep a condition of approval on the zone change requiring a 50-foot
forested buffer along the eastern bou dary of the site, which would support the habitat values of the site.
Staff suggests that the applicant alternatively provide the buffer by recording a buffer easement on the lot
line-adjusted parcel containing the boundary. As identified in the planned development purposes above,
the planned development standards are designed to balance environmental resource protection with
context sensitive site design. This policy is met.
Policy 16. The City may condition the approval of a Plan/Zoning map amendment to assure the
development of a definite land use(s) and per specific design /development requirements.
The applicant has determined that due to extraordinary development costs, the flatter western portion of
the site (which would continue to maintain I-P zoning) is only likely to develop if the steeper eastern
portion can also be developed with some mix of employment and/or residential use. Knowing that staff is
Interested in ensuring job capacity on the subject site,the applicant respectfully requests that the City allow
any permitted use in the MUE zone rather than restricting the site to a specific land use. The applicant
cites the importance of flexibility in response to ever-changing market conditions in support of this
request.
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Staff finds, consistent with findings in the amended 2011 EOA, that slope constraints reduce the subject
site's suitability for some large-footprint industrial uses, but that there is potential for employment use of
slope-constrained sites. The city's limited inventor: of buildable lands highlights the need to consider job
density in employment land development and redevelopment within an efficient land needs scenario.
Although the city supports opening the development potential of the Whole site with the proposed zone
change to NIUE of the slope constrainedportion of the site, it also must protect its employment capacity,
which can best be managed through the planned development review process.
Therefore, staff recommends a condition of approval to ensure the area of the subject property zoned
MUE provides a minimum of 280 non-retail jobs to preserve employment land capacity and application of
the PD overlay to provide a deliberate process that balances the interests of the owner, developer,
neighbors,and the city.
FINDING: As shown in the analysis above, the applicable Land Use policies have been met. Staff
recommends the Planning Commission recommend to City Council a condition of
approval requiring a definite land use (employment, 280 non-retail jobs) and a Planned
Development Overlay be applied to allow for specific design/development requirements
in order to meet the applicable Land Use policies.
ECONOMIC DEVELOPMENT
Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy.
Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to
promote economic development opportunities, provided that required infrastructure is made
available.
The applicant states that industrial development by itself is not able to economically offset the high cost of
on-sitegrading costs, public improvements to abutting streets, and utility extensions. MUE rates of return
would allow the high infrastructure costs associated with the development of this property to be financed
by the development itself. The intent of the proposed comprehensive plan amendment and zone change is
to create flexibility that generates job-creating development in the Cit}-.This policy is met.
Policy 5. The City shall promote well-designed and efficient development and redevelopment of
vacant and underutilized industrial and commercial lands.
The applicant states that under the current zoning, the site has remained undeveloped for many years due
to the development constraints outlined in Section II of the Fields Property Development Analysis. The
proposal would respond to market conditions by allowing a mix of uses on the eastern portion 'while
preserving the western portion for industrial employers. The proposed zone change would allow a more
efficient use of employment land than the current underutilized condition.
Well designed and efficient development can be assured through the deliberative planned development
process that provides flexibility in site design and such added benefits as increased natural areas or open
space in the city, alternative building designs, walkable communities, preservation of significant natural
resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of
strict adherence to many of the rules of the Tigard Community Development Code.This policy is met.
Policy 6. The City shall promote actions that result in greater, more efficient, utilization of its
Metro-designated Employment and Industrial Areas.
Metro's Title 4 Industrial and Other Employment Areas map (January 2014) shows the I-P-zoned parcels
of the subject site (totaling 37.4 acres) as Industrial Areas. The proposed zone change affecting the site
would convert approximately 19.4 acres of land from I-P to NIUE. The evidence in the application shows
that despite relatively high demand for light industrial land and low supply, this site has not developed for
light industrial use and is unlikely to do so in the future because of its unsuitable site characteristics and
development constraints. The applicant states that the MUE zoning on the eastern portion allows the site
to be developed 'with some combination of employment and multifamily workforce housing use and
allows the site to be developed in a more flexible way. Development allowed under the MUE zone will
help create a stronger, more diversified, and sustainable development on this site, which in turn will help
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the local economy. Provided the NIUE zone is indeed developed with mixed uses, including employment,
the re-zone will promote greater, more efficient, utilization of Metro-designated employment and
industrial lands.This polio-is met.
Policy 7. The City shall limit the development of retail and service land uses in Metro-designated
industrial areas to preserve the potential of these lands for industrial jobs.
The pproposed zone change affecting the site would convert approximately 19.4 acres of land from I-P to
MUE. In accordance with Metro Title 4, Section 3.07.430, Tigard's Community Development Code limits
the size and scope of commercial retail uses within the I-P zone (Table 18.530.1, Note 2). In accordance
with bfetro Title 4, Section 3.07.440, Ti'gard's Community Development Code limits the size and scope of
commercial retail uses within the MUE zone (Table 18.520.1, Note 22). Approval of the proposed
comprehensive map amendment would functionally convert 19.4 acres of the site into a Title 4
Employment Area from a Title 4 Industrial Area, where commercial retail uses are restricted, consistent
with the purpose of Title 4 to protect a supply of sites for employment. This policy is met.
Policy 12. The City shall assure economic development promotes other community qualities, such
as livability and environmental quality that are necessary for a sustainable economic future.
The proposed MUE rezone should unlock the development potential of the site. The city can assure
economic development promotes other community qualities, such as livability and environmental quality
by plaFeco
g a PD overlay over the MUE zone to provide such added benefits through the planned
develoent process as increased natural areas or open space in the city, alternative building designs,
walkabmmunities, preservation of significant natural resources, aesthetic appeal, and other
es of
assets that contribute to the larger community in lieu of strict adherence to many of the rules of theigard
Community Development Code. This policy is met.
Goal 9.3: Make Tigard a prosperous and desirable place to live and do business.
Policy 1. The City shall focus a significant portion of future employment growth and high-density
housing development in its Metro-designated Town Center (Downtown); Regional Center
(Washington Square); High Capacity Transit Corridor(Hwy 99W); and the Tigard Triangle.
The subject site is located outside of the listed plan districts. The disposition of employment and housing
uses across the site should acknowledge the direction of this policy and can best be considered with the
planned development process. This policy is met.
FINDING: As show in the analysis above, the applicable Economic Development policies are
substantially met with application of a condition of approval requiring a PD overlay and a
m thre
minimushold of employment use within the proposed NIUE zone.
HOUSING
Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs
of current and future City residents.
Policy 5. The City shall provide for high and medium density housing in the areas such as town
centers (Downtown), regional centers (Washington Square), and along transit corridors where
employment opportunities, commercial services, transit, and other public services necessary to
support higher population densities are either present or planned for in the future (SW Pacific
Hwy).
The proposed zoning designation, MUE, permits "medium high-density" housing at 25 units/acre as an
outright use. There appears to be market support for multi-family housing at this location (Fields
Development Analysis II.2). Multi-family residential use on the subject property has been a key
expectation for development in the proposed MUE zone. However, the subject site is not located in a
town center, regional center or along a transit corridor. Currently,the site does not provide ready access to
employment opportunities, commercial services, transit, or other public services necessary to support
higher ppopulation densities. However, the hope is that the rezone will catalyze the transformation of the
area wliere some of these opportunities and services will become available. The MUE zone allows
commercial uses and staff recommends a condition of approval requiring a minimum job density for the
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proposed n1UE zoned area. In addition, the city's Public Infrastructure Finance Strategy is likely to lead to
unproved street connectivity in the area, and the Southwest Corridor Plan includes new access across 217
connecting SW Beveland with Wall Street, potentially with high-capacity transit service. Staff further
recommends a condition requiring application of the PD overlay concurrently with the NfUE zone.
Planned Development Review for future development will create the best opportunity to consider an
amount of development on a site, within the limits of density requirements, which will balance the
interests of the owner,dcveloper,neighbors,and the city. As conditioned, this policy is met.
Goal 10.2: Maintain a high level of residential livability.
Policy 6. The City shall promote innovative and well-designed housing development through
application of planned developments and community design standards for multi-family housing.
The proposed zoning designation, MUE, permits "medium high-density" housing at 25 units/acre as an
outright use. There appears to be market support for multi-family housing at this location (Fields
Development Analysis I1.2). Afulti-family residential use on the subjectproperty has been a key
expectation for development in the proposed NIUE zone. Staff recommends a condition of approval
requiring application of the PD overlay concurrently with the hfUE zone. Planned Development Review-
for future development will provide such added benefits as increased natural areas or open space in the
city, alternative building designs, walkable communities, preservation of significant natural resources,
aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict
adherence to many of the runes of the Tigard Community Development Code. In addition a planned
development process can help achieve unique neighborhoods (by varying the housing styles through
architectural accents, use of open space, innovative transportation facilities) which will retain their
character and city benefits, while respecting the characteristics of existing neighborhoods through
appropriate buffering and lot size transitioning. With the PD overlay, the proposed MUE zone will
promote innovative and well-designed housing development. As conditioned, this policy is met.
Policy 7. The City shall insure that residential densities are appropriately related to locational
characteristics and site conditions such as the presence of natural hazards and natural resources,
availability of public facilities and services, and existing land use patterns.
The proposed MUE zone allows for multifamily residential construction at a density of 25 units/acre. The
subject site is distinguished by the hillside location with views out to the west, the presence of a mature
stand of trees that characterizes the hill from views elsewhere in the city, and limited access to the
transportation network and other services to support higher density residential development. As described
above, there are transportation and access improvements being planned for the area. The applicant has
offered to provide a 50-foot vegetated buffer along the eastern site boundary to protect the existing trees
and adjoining low-density residential neighborhood. The range of uses allowed in the MUE zone is more
compatible with the adjoining residential use than theexisting I-P zoning due to reduced likelihood of
noise-generating uses and associated traffic impacts. With the PD overlay required as a condition of
approval, the proposed MUE zone can promote innovative and well-designed housing development. As
conditioned,this policy is met.
Policy 8. The City shall require measures to mitigate the adverse impacts from differing, or more
intense, land uses on residential living environments, such as:
A. orderly transitions from one residential density to another;
B. protection of existing vegetation,natural resources and provision of open space areas; and
C. installation of landscaping and effective buffering and screening.
The applicant has offered to provide a 50-foot vegetated buffer along the eastern site boundary to protect
the existing trees and adjoining low-density residential neighborhood. The range of uses allowed in the
MUE zone is more compatible with the adjoining residential use than the existing I-P zoning due to
reduced likelihood of noise-generating uses and associated traffic impacts. With the PD overlay required as
a condition of approval, the proposed MUE zone can promote innovative and well-designed housing
development.As conditioned,this policy is met.
9. The City shall require infill development to be designed to address compatibility with existing
neighborhoods.
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The applicant has offered to provide a 50-foot vegetated buffer along the eastern site boundary to protect
the existing trees and adjoining low-density Rolling Hills residential neighborhood. The range of uses
allowed in the MUE zone is more compatible with the adjoining residential use than the existing I-P
zoning due to reduced likelihood of noise-generating uses and associated traffic impacts. With the PD
overlay required as a condition of approval, development in the MUE zone can support unique
neighborhoods � innovative
varying the housing styles through architectural accents, use of open spaceinnovativetransportation facilities) which will retain their character and city benefits, while respecting the
characteristics of existing neighborhoods through appropriate buffering. As conditioned, this policy is met.
FINDING: As shown in the analysis above, the applicable Housing policies, as supported by the
recommended condition of approval requiring the PD overlay zone,can be met.
18.380.030.B.2
Demonstration of compliance with all applicable standards of any provision of this code or other
applicable implementing ordinance; and
FINDING: For the purposes of the proposed comprehensive plan amendment and zone change, the
applicant has satisfactorily addressed the applicable Sections of TDC Chapter 18.380,
Zoning Map and Text Amendments. The standards of TDC Chapter 18.390.050 for Type
III-PC procedures are applicable to this proposal,as identified in 18.380.030. The applicant
has submitted an Impact Statement as required under 18.390.050.B.e. The public facilities
impact study is included as Attachment 4 to the application. The applicant concurs with
the requirement to dedicate right-of-way along Hunziker Road and Wall Street in
conjunction with future development. Because no development is being proposed as part
of this application, no right-of-way dedication is warranted at this time. anticipated uses
include multifamily residential and office. Any proposed development must meet all of the
applicable Tigard Development Code standards In effect at the time an application is
submitted. As shown in the analysis above, the proposed comprehensive map and zone
change amendment complies with the applicable standards of the Tigard Development
Code.
18.380.030.B.3
Evidence of change in the neighborhood or community or a mistake or inconsistency in the
comprehensive plan or zoning map as it relates to the property which is the subject of the
development application.
FINDING: In March of 2015 the City adopted a Post Acknowledgment Plan amendment to the City
of Tigard's 2011 Economic Opportunities Analysis (Ord 15-06), which 1) acknowledges
that sllope was not applied as a development constraint factor in the Inventory of Suitable
Sites (Land Supply), 2) applies sloe as a suitability constraint for properties currently
zoned industrial (I-P, I-L, and I-H), and 3) qualifies the Assessment of Potential with
respect to slope constraints. The slopes on the subect property represent the majority of
the lands addressed by the EOA amendment. The ZA amendment provides evidence of
a mistake in the comprehensive plan in support of the proposal comprehensive plan and
zone change from I-P to NIUE. The proposal meets this standard for zone changes.
18.380.030.0 Conditions of approval. A quasi-judicial decision may be for denial, approval, or
approval with conditions as provided by Section 18.390.050. A legislative decision may be
approved or denied.
FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does
not apply generally across the city. Therefore, the Planning Commission recommendation
to Council may be for denial, approval, or approval with conditions. Staff has prepared
proposed recommended conditions of approval for the Commission's consideration.
APPLICABLE STATE AND METRO REGULATIONS
OREGON ADMINISTRATIVE RULES
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Economic Development
OAR 660 Division 9—Economic Development
660-009-0010 Application
(4) For a post-acknowledgement plan amendment under OAR chapter 660, division 18, that
changes the plan designation of land in excess of two acres within an existing urban growth
boundary from an industrial use designation to a non-industrial use designation, or another
employment use designation to any other use designation, a city or county must address all
applicable planning requirements, and:
(a) Demonstrate that the proposed amendment is consistent with its most recent economic
opportunities analysis and the parts of its acknowledged comprehensive plan which address the
requirements of this division; or
(b) Amend its comprehensive plan to incorporate the proposed amendment, consistent with the
requirements of this division; or
(c) Adopt a combination of the above, consistent with the requirements of this division.
FINDING: The City's 2011 EOA compares demand and supply of employment lands to evaluate the
land inventory over a 20-year period. The Analysis indicates that under the Efficient Land
Need Scenario, the City's 20-year demand for vacant employment land is 126 acres (48
acres industrial and 78 acres commercial) and the 20-year supply is 136 acres (50 acres
industrial and 86 acres commercial). This application would change the plan designation of
approximately 19.4 acres from IL to NILIE. Although this action would decrease the area of
land with an industrial designation, there would be no net loss of acreage designated for
employment use since the MLLE designation accommodates a variety of employment types.
The simultaneous redesignation of two acres from Love-Density Residential to MUE would
further enhance opportunities for employment-related development by enlarging the
supply of employment lands. Overall, the site would provide 18.3 acres of industrial land
and 24.2 acres of mixed use employment land.
The City of Tigard's BOA indicates that the City has a surplus of two acres of industrial
land; however, Ordinance 15-06 recognized that the City is "now potentially in deficit for
industrial zoned vacant land." The proposed zone change affecting the site would deplete
the two-acre surplus by converting approximately 19.4 acres of land from I-P to MUE;
however, this depletion would be partially offset by converting 0.4 acres from C-P to I-P.
Taken together, the proposed zone change would need to compensate for the jobs
associated with a net reduction of 17 acres of industrial land. %%Ae there is no guarantee
that the site would produce jobs under the existing zoning (as evidenced by the current
lack of development), for the purposes of comparison, employment density assumptions
from the EOA have been used to quantify the number of jobs that could be expected on
17 industrial acres.
Based on 16.5 industrial jobs per acre (derived from the 794 jobs on 48 industrial acres
identified in the EOA), 17 acres of industrial land would lead to an employment level of
approximately 280 jobs. Approval of the zone change could therefore decrease the City's
employment potential by 280 jobs unless these jobs can be accommodated elsewhere. The
proposed NIUE zone permits a variety of employment uses, including office uses, which
are also allowed in the I-P zone. To the extent the proposed NIUE zone preserves the
ability to create jobs on the subject site, jobs capacity will not be decreased. To ensure
preservation of jobs capacity, staff recommends a condition of approval that requires 280
non-retail jobs be accommodated on the MLLE-zoned portion of the site.
Analysis of Tigard's Comprehensive Plan economic policies, as addressed above in this
report, supports the recommended jobs capacity requirement.
Transportation Planning Rule
OAR 660 Division 12—Transportation Planning
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660-012-0060 Plan and Land Use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided in
section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule.
A plan or land use regulation amendment significantly affects a transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation facility (exclusive
of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on
projected conditions measured at the end of the planning period identified in the adopted TSP. As
part of evaluating projected conditions, the amount of traffic projected to be generated within the
area of the amendment may be reduced if the amendment includes an enforceable, ongoing
requirement that would demonstrably limit traffic generation, including, but not limited to,
transportation demand management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional classification of an
existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility such that it would
not meet the performance standards identified in the TSP or comprehensive plan;or
(C) Degrade the performance of an existing or planned transportation facility that is otherwise
projected to not meet the performance standards identified in the TSP or comprehensive plan.
I...1
(4) Determinations under sections (1)—(3) of this rule shall be coordinated with affected
transportation facility and service providers and other affected local governments.
FINDING: TPR compliance is demonstrated in Attachment 3 of the application. This analysis
examined the "reasonable worst case" scenario for both the existing and proposed zoning
(note that this scenario assesses high traffic generators allowed under the zoning,regardless
of whether those uses are likely to be built). Attachment 3 analyzes the trip generation
potential of the entire 42.5-acre site as well as the 24.6 acres proposed to receive new
zoning. Figure 3 and Figure 6 depict the existing and proposed zoning, respectively,
illustrating that the zone change area is primarily proposed to be zoned NfUE except for a
triangular area near Hunziker Road proposed to be zoned I-P. Development of the eastern
portion of the site (the proposed zone change area) with housing and office uses under the
current zoning would generate on the order of 784 PAI peak hour trips. In the zone change
area, if the MUE zone were entirely multifamily housing and the I-P zone office park, trip
generation would be 455 PM peak hour trips (a reduction of 329 trips). In the zone change
area, if the MUE zone and I-P zone were entirely office use, trip generation would be 715
PM peak hour trips (a reduction of 69 trips). In the zone change area,if the MUE zone and
I-P zone were a combination of general office and medical-dental office use, trip
generation would be 856 PM peak hour trips (an increase of 72 trips). To ensure that the
comprehensive plan amendment and zone change does not significantly affect the
transportation network, the applicant proposes a trip cap based on anticipated trip
generation allowed in the current zoning. As conditioned, this regulation is met.
METRO REGULATIONS
Urban Growth Management Functional Plan
Title 4—Industrial and Other Employment Areas
3.07.410 Purpose and Intent
3.07.420 Protection of Regionally Significant Industrial Areas
3.07.430 Protection of Industrial Areas
3.07.440 Protection of Employment Areas
3.07.450 Employment and Industrial Areas Map
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FINDING: Metro's Title 4 Industrial and Other Employment Areas map Qanuary 2014) shows the I-P-
zoned parcels of the subject sitetotaling 37.4 acres) as Industrial Areas. The proposed
zone change affecting the site wo d convert approximately 19.4 acres of land from I P to
NIUE. In accordance with Section 3.07.430, Tigard's Community Development Code
limits the size and scope of commercial retail uses within the I-P zone (Table 18.530.1,
Note 2�. In accordance with Section 3.07.440, Tigard's Community Development Code
limits t e size and scope of commercial retail uses within the MUE zone (Table 18.520.1,
Note 22). _approval of the proposed comprehensive map amendment would functionally
convert 19.4 acres of the site into a Title 4 Employment Area from a Title 4 Industrial
Area, where commercial retail uses are restricted, consistent with the purpose of Title 4 to
protect a supply of sites for employment.This regulation is met.
Section 3.07.450 allows the City to amend the use of lands on the Industrial and Other
Employment Areas map based on satisfaction of a number of criteria. With the exception of
a transportation impact analysis addressing regional freight movement for criteria #4, this
site complies with those standards since the property is 1) not surrounded by RSIA or
Industrial Area land; 2) the change would increase rather than decrease the acreage devoted
potentially to employment uses; 3) the site is not designated as RSIA; 5) the zone change
would not lead to retail or cultural uses that compete with Central City or Regional or
Town Centers; and 6) the property designated Industrial Area subject to the amendment is
less than 20 acres (namely, 19.4 acres). In addition, as described in Ord 15-06, the eastern
portion of the site is not suitable for industrial uses due to topographic constraints.
Therefore, a Title 4 map amendment from industrial to employment would be indicated, if
supported by a transportation impact analysis.
SECTION V. OUTSIDE AGENCY AND ADDITIONAL CITY STAFF COMMENTS
LCDC, ODOT, metro, and Washin ton County were notified and requested to comment on the
subject proposal. Of these agencies., DOT and Metro provided comment.
Oregon Department of Transportation (ODOT) commented verbally on the proposal taking issue with
the assumptions of the TPR analysis with respect to existing use trip generation. �s of the publish date of
this report, written comments have not been received. Condition 3 has been imposed to account for
ODOT's concern and to allow for a revised TPR analysis.
Metro commented on the proposal whose comments are included in the findings in this staff report.
The City of Tigard's Public Works Department reviewed the proposal and commented that they have no
objections to the proposal.
The City of Tigard's Development Review Engineer reviewed and accepted the TPR analysis prepared
by MacKenzie dated May 11,2015.
SECTION VI. STAFF ANALYSIS
ANALYSIS:
Zone Change Request
The proposed Mixed Use Employment Comprehensive Plan designation of the eastern portion of the site
will allow development types which can better accommodate slope constraints while also reducing
potential conflicts between uses on the subject property and abutting residential development. The
proposed zone change, primarily from I-P to MUE, has the potential to'increase economic development
in Tigard by properly accounting for development economics applicable to the different portions of the
site.
PLANNING COMMISSION RI-COMME..NDATION TO COUNCIL-AUGUST 17,2015 PUBLIC HEARING
CPA2015-00004/17ELDS'1RUS'I'COAIPRI'sl IIiNSI\'F.PLAN AMENDMENT
%ON2011-00005/1;IIiLDS 7'IIUS1'ZONECI IANGE PAGI 16 UP 18
Outstanding Issues
Planned Development Overlap
The complexity of the su lect site's characteristics (Fields Property Development Analysis and
Opportunity Study) including environmental conditions and surrounding land uses suggests a process that
provides flexibility in site design to maximize the opportunities and mitigate for the constraints of the site
and surrounding land uses. Use of the Planned Development overlay zone is the best way to ensure
permitted uses and development design in the MUE zone are compatible with existing development and
include the required employment capacity. (Condition 1)
Protect Employment Capacity
The applicant cites the importance of maintaining flexibilityin response to ever-changing market
conditions to support a request that the City allow any permitted use in the NIUE zone rather than
restricting the site to a specific land use. However, the city wishes to ensure employment capacity is
maintained within mixed use zones and recommends requiring as a condition of approval a minimum job
density on the proposed MUE portion of the site. (Condition 2)
Transportation Planning Rule compliance
The applicant proposes limiting trip generation of future uses permitted in the MUE zone to that allowed
under the existing zoning, as shown in the Mackenzie TPR analysis dated May 11, 2015 (or as amended),
to avoid a significant effect finding. The city will require a trip cap to limit future development to existing
trip generation rates. Transportation analyses required u.-ith new development applications must be
consistent with the trip cap limitation. (Condition 3)
Rolling Hills Buffer
The applicant proposes accepting a condition of approval of the zone change requiring a 50-foot buffer
between the proposed MUE zone and the existingg R-3.5-zoned Rolling Hills development to the east. The
buffer was an artifact of the previous Comprehensive Plan, which is no longer in effect, to buffer
potentially allowed industrial uses from the existing residential uses. However, the applicant's willingness
to accept a condition acknowledges that a buffer remains important to the livability of the Rolling Hills
neighborhood even with more intense commercial uses permitted under the MUE zone. (Condition 4)
In lieu of a condition of approval with this zone change, the Fields Trust may otherwise record in advance
of the Council hearing an easement, restrictive covenant or similar instrument to ensure a 50-foot wide
forested buffer is placed on the subject property for the benefit of the city.
Metro's Title 4 compliance
The city will request an amendment of Metro's Title 4 map for the MUE zoned portion of the site from
industrial to employment based on the suitability analysis of the subject site contained in the city's
amended 2011 EOA.
SECTION VII. PLANNING COMMISSION CONCLUSION AND RECOMMENDATION
CONCLUSION:
Based on the foregoing findings and analysis, the Planning Commission finds that the proposed
comprehensive plan map and zone change amendments are consistent with applicable provisions of the
Tigard Comprehensive Plan, Tigard Development Code, statewide planning goals and the Transportation
Planning Rule, and provides evidence of a mistake in the comprehensive plan (City of Tigard 2011
Economic Opportunities Analysis (EOA) as it relates to the property which is the subject of the
development application. To ensure consistency, the Planning Commission recommends certain
conditions of approval.
RECOMMENDATION:
The Planning Commission recommends to City Council approval of the proposed comprehensive plan
map and zone change amendments with recommended conditions of approval and any others conditions
the Council deems appropriate through the public hearing process.
PLANNING COMMISSION RECOMMENDATION TO COUNCIL-.1UGUS'1'17,2015 PUBLIC HEARING
(;1'.12015-00004/I,'IEI.DS T'RU',I'CONIPRI?I1ENS1VI 1'1„\N ANil?NDNIGN,I'
%ON2011-00005/1+11iLDS'lltUS7'%ONI:CI LANGE PAG I{17 OF 18
PASSED: THE 17TH DAY OF AUGUST, 2015 BY THE CITY OF TIGARD PLANNING
COMMISSION,
i
Jason Rogers,Planning Commission President
Dated this da-of Augjist.2015.
Exhibits
A. Proposed Comprehensive Plan Designation
B. Proposed Zoning
PLANNING COMMISSION RECOMMENDATION TO COUNCIL.-AUGUS-f 17,2015 PUBLIC I IHARING
CPQ\2015-00004/I'-i]:LDS'1'RL)gr Afl'Rlilll?NS]\'1?PL,1N.1A41iNDMl?NT
ZUN2011-00005,'1-IEJ,I)S'1RUS"I'CONI;CI IANGF RUII. 18 OF 18
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