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City Council Minutes - 01/24/2017 City o 'Tigard Tigard City Council Meeting Minutes January 24, 2017 IR E0 STUDY SESSION—6:30 p.m. Council Present: Mayor Cook, Councilor Woodard, Councilor Goodhouse,Council President Snider and Councilor Anderson Staff Present: City Manager Wine,Assistant City Manager Newton,Parks Manager Martin, Economic Development Manager Purdy and City Recorder Krager A. COUNCIL LIAISON REPORTS Council President Snider reported on the Lake Oswego/Tigard Water Partnership. There is a joint meeting in Tigard on February 28. The governance structure will be discussed as well as the water cost of service rates. Construction is on track and scheduled to be complete in April or early May. Citizens may see a slight change in their water taste or odor. He reported that Lake Oswego does not prefer a separate oversight entity although the costs would be minimal. He recommends a separate entity rather than either city. Lake Oswego is concerned that water oversight is part of their "full service" city and want to fill that role. City Manager Wine will send a white paper on this to council. Mayor Cook reported on his trip to Washington DC for the US Conference of Mayors. B. CONSIDER A REQUEST TO NAME THE PLAZA AREA OF TIGARD STREET TRAIL Marland Henderson,Jim deSully and other members of Tigard Rotary requested that council consider naming the plaza area of the Tigard Street Trail"Rotary Plaza." The many contributions Rotary makes to the community were highlighted and their idea for this project is to partner with the city for improvements to this public gathering space.They have some ideas and wants but no plans yet. Rotary member Bill Monahan said they want to work in harmony with staff and the city will control projects. A discussion was held on whether naming this plaza conflicts with future plans for the Saxony property and the consensus was that downtown is one area but having a range of public spaces there is a good idea. Economic Development Manager Purdy noted that ODOT awarded the city$700,000 from the ConnectOregon VI program and outlined the trail design timeline.An RFP will be issued in February for trail design with many opportunities for stakeholder interviews and design review along the way. Construction will occur in early 2018. Mayor Cook said naming areas creates interest in donating and he sees this as community building. He noted there are Rotary Parks all over the country. The next step is for the naming resolution to come to council at a business meeting for consideration. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov Page 1 of 23 Administrative Items: o Council Outreach at Max's on January 31 from 6-8, front room at Max's o The Joint Meeting with Lake Oswego—February 28, 6:30 p.m. at Tigard Town Hall. Topics are the Future Governance Agreement and Water Cost of Service Rates o The city has agreed to pay$70 annually for a post office box for homeless persons. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Name Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Tigard High School Student Envoy—Associated Student Body President Lauren Brown gave a report on a few activities that were not rescheduled due to the snow. January was Human Rights Month at the high school featuring themes such as Respect Week,Latin America Week,Truth Week and Human Trafficking Week. Omekongo Dibinga flew out from Washington DC to speak at their Human Rights assembly. They held a leadership workshop for middle school students. Sports teams are making up many cancellations due to weather. February 12 is the senior citizens prom. A father-daughter dance will be held as a Sparrow fundraiser. Mayor Cook asked Ms. Brown to describe to the audience what the Sparrow program is and she said each year THS sponsors a youngster with a physical illness and holds fundraisers for them. Mayor Cook added that the community can also participate and make donations. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 23 C. Tigard Area Chamber of Commerce—Chamber CEO Mollahan said the Leadership Tigard class in January focused on government and the group learned about different city departments,their role and challenges. Their day included a tour of Clean Water Services and then held group discussions and made recommendations on issues such as homelessness. The college scholarship application period is open now and closes February 23. Nominations for the Shining Stars Community Awards end March 3. The Tigard Farmers Market will open a mid-week market on Thursdays from 8 a.m. through 4 p.m.June through August at the Tigard Street Trail. The Art Walk will be held on Mother's Day weekend in May. Bowlorama will be held at Tigard Bowl on March 3 and council is invited to form a team and join them. D. Citizen Communication—Sign-up Sheet. Gretchen Buehner, 11920 SW Imperial Avenue #12,King City, OR 97224, said for her first item she was present in her capacity as a member of the King City Council. She said King City is beginning their concept planning process for its urban reserves and will be siting a new pump station. They are excited to work with the City of Tigard on this process. An informational open house will be held on February 6, 2017 from 6-8 at Deer Creek Elementary. Ms. Buehner said she watches the Tigard City Council meetings on television and heard recent water source discussions. She noted she was on the committee years ago that drafted the agreement with Lake Oswego. She said the consensus then was that once the construction was complete the project should be governed by neither one party not the other and the unanimous recommendation was that it be done by a third party. Ms. Buehner spoke regarding the discussion the Tigard City Council held at the January 10, 2017 meeting regarding council stipends. She noted that prior to 2013 councilors were paid$300 and in addition to that, councilors sitting on many inter-city entities were reimbursed for mileage. This ended when a different remuneration plan was adopted. 3. CONSENT AGENDA: (Tigard City Council) — A. APPROVE CITY COUNCIL MEETING MINUTES • November 1, 2016 • November 22,2016 • December 13,2016 Councilor Woodard moved for approval of the Consent Agenda as presented. Council President Snider seconded the motion and it passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 3 of 23 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ 4. QUASI-JUDICIAL PUBLIC HEARING—TOPPING C-P TO R-12 COMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE WITH PLANNED DEVELOPMENT A. Mayor Cook opened the public hearing. B. City Attorney Rihala read the hearing procedures. C. Mayor Cook read the conduct for the public hearing. He described the quasi-judicial public hearing process. He asked council if any member had a conflict of interest or ex parte contact. There was none. D. Mayor Cook asked if anyone in the audience challenged the participation of a Council member. No one voiced a challenge. E. Staff Report—Associate Planner Pagenstecher gave the staff report. He said it was almost one year to the day this zone change was previously discussed. The city brought this as an application because of interest in preservation of R-12 zone housing in the city to provide affordable housing. He described the materials in the agenda packet for this item and noted that the Planning Commission Recommendation attachment was not copied two-sided so it was replaced with a complete version. A complaint was received that the documents were not available online but they have been available since mid-October in the permit center. He said Jim Long complained about a missing sign.The code requires the applicant to post signs on the property but in practice the city provides this service. There is no requirement in the code for the number of signs or maintenance of those signs on the property. Mr.Long asserted that his rights were prejudiced but his presence at this hearing means that his substantial rights were not prejudiced. Mr. Pagenstecher said in the scope of land use processes, this is a rare complaint about the postings and staff will take this as a beneficial comment about city process and will improve it. Mr. Pagenstecher said this previously came before council as a zone change swap. Council approved the School Street's site zone change from R-12 to C-G (General Commercial) and remanded this site back to the Planning Commission which would achieve a zone change from CP (Professional Commercial) to R-12 (medium density residential). At the February 2,2016 hearing council gave staff and the neighbors direction. Staff was to prepare a new application for the zone change for this property through a quasi-judicial process and demonstrate through date-stamped photos that site notice was intact and complete. The neighborhood was asked to figure out how they could live with the development proposal otherwise allowed under the Comprehensive Plan and Community Development Code (CDC). TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 23 provisions, and to talk with the city's Parks Department and the Park and Recreation Board (DRAB) about using this site for a park. Mr. Pagenstecher showed slides to show responses to this direction. He showed a slide of the site location,pointing out that R-12 is a transition zone between commercial and low-density residential and is commonly used along the Pacific Highway/99W corridor. It allows lower impact development in terms of height and traffic. R-12 allows smaller lot development and a variety of housing types in support of affordable housing. The Planning Commission and staff support the Comprehensive Plan and Zone Map amendments and have provided a Planning Commission Recommendation to council finding that the applicable Comprehensive Plan and CDC provisions are met. He showed a slide documenting the notice and hearing process requirements with photos of the site notice postings.Atypically, staff was present at the neighborhood meeting of March 16 to add clarity to the process and ask questions about design and open space. Particulars are posted on the website and there are affidavits in the file for mailed,posted and advertised notice. He noted that due to weather the Planning Commission meeting notice blew down so new signs were posted and date-stamped photos were taken. These were shown on a slide along with photographs taken by Mr. Long. He thanked Mr. Long for his cooperation working with the city to document the posting of the notices. Staff had periodic discussions and information sharing with Mr. Long at the Permit Center counter throughout the process in which he obtained copies of the applicant's proposal and the Planning Commission's recommendation. He commented that Mr. Long is a key advocate for neighborhood interest in parks and open spaces and the city is grateful to have him involved in the process. Associate Planner Pagenstecher said Council wanted the neighborhood to be involved in designing the uses allowed in the R-12 zone. The idea was to facilitate this discussion on the interests of the neighborhood with the interests of the applicant. Staff proposed combining the Comprehensive Plan and zone map change with a planned development concept plan review. Planned development concept plans are focused on the provision of open space. When applications like this are heard concurrently,the highest body makes the decision on both and that is why council has this unusual review included in this hearing. He showed a slide of the proposed concept plan which has 18 lots,housing footprints and open space. The neighborhood comments were focused on impacts to the neighborhood and a preference for low-density housing or commercial use. The written comments and petition focus on the use of the entire site for a public park. Other comments provided by the neighbors focused on notice and process. Council directed the neighborhood to talk with the city's parks department and the PRAB. In the record is a letter from November 17,2016 stating support for a public park on this site but identifies lack of funding. This was an issue previously. The Planned Development concept can provide an opportunity for a compromise. The Planning Commission generally liked the concept plan and the open space design. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 5 of 23 They thought there could be better public access to the open space and fewer curb cuts so more on-street parking could be provided. There are ways to redesign the lots to stay off of Spruce Street which would reduce the curb cuts. Staff thought that Tract A could have a path accessible to the public. Tract B could have a through path.Tract C is on the corner and it is not identified on the concept plan whether it would be public or private. Tract D is the integration where the private street enters the open space area. There could be a broadening of the area that would celebrate the entrance. The oak tree is a significant natural resource and is a prime destination of people using this area. It is planned to be maintained. Associate Planner Pagenstecher said after council's action on the Comprehensive Plan and zone map change they will be asked to consider criteria and decide if the planned development concept plan should be approved. The Planning Commission recommends approval subject to the public hearing process. Councilor Woodard asked for the difference in land value between a park or residential or commercial development. Associate Planner Pagenstecher surmised that a property appraisal would show its highest and best use. F. Applicant Testimony—Ken Sandblast,Director of Planning, Westlake Consultants, 15115 SW Sequoia Parkway, Suite 150,Tigard, OR 97224 said he is working with property owners,Mr. and Mrs. Topping and Stafford Land Development.They are present tonight. Mr. Sandblast said he was not involved in the first effort but watched the city council videos in order to gain an understanding of concerns and issues. He said the record is well established in regards to the need for R-12 zoning. The location is compatible with this zoning given the existing surrounding development. It is not a traffic impact so the zoning and Comprehensive Plan amendment record are all well established. Mr. Sandblast said he wanted to focus on the planned development concept plan and the reason it is before council. There was a specific neighborhood meeting for this application where he heard what the neighborhood issues are. Staff raised the idea of a planned development which would provide some certainty to the neighbors on what will happen here. They spoke at length at the neighborhood meeting and primarily focused on this concept. There was strong sentiment for making it into a park and some desire expressed for leaving it zoned commercial. This planned development concept plan is a vehicle in the code that says what is seen in the concept plan is what you will get in these 18 units. He mentioned that the open space was designed to protect the oak tree. It also provides pedestrian connectivity around the north and west perimeter. Open spaces provide a buffer and transition out from the housing.There is open space on the east corner because of transit available in the area. Whether it is private or public is a detail to be decided in the future. TIGARD CITY COUNCIL MEETING MINUTES -January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 23 He said the decision on the zoning and the concept plan establish the use of the property. The details are for another land use application and a future hearing with its own public process. But the design cannot move ahead without first getting approval for zoning these three parcels. Mr. Sandblast responded to the land value question from Council Woodard and said appraisals establish the value of land. They consider zoning and the highest and best use if it was purchased now. If it was purchased today the zoning is commercial and there would be a square footage analysis. Assuming the zoning changed to R-12 there would be a residential analysis based on units. He discussed the comparable calculations and said it would be about equivalent. The price for the city to purchase the land for a park would be based on the underlying zoning. G. Public Testimony:Mayor Cook called upon those who signed up to testify on the sign-in sheet. He said Jim Long,Chair of CP04M would have 15 minutes and other speakers would have two minutes. Council President Snider will time the testimony. Jim Long, 10730 SW 72nd Avenue,Portland, OR 97223 distributed a written copy of his testimony,a copy of which has been entered into the record. He read from page 13 of his testimony and said this application would create spot zoning and is unsupported by evidence in the record. While zoning change is a legitimate function of the city, the Supreme Court cautioned against the practice especially once the zoning map and comprehensive plan are in place. The enabling legislation in which city governments may enact zoning regulations requires the enactment of a comprehensive zoning plan. ORS 215.050. Once a plan is adopted, changes in it should be made only when such changes are consistent with the overall objectives of the plan and in keeping with changes in the character of the area or neighborhood to be covered thereby. Arbitrary,or"spot"zoning to accommodate the desires of a particular landowner is not only contrary to good zoning practice,but violates the rights of neighboring landowners and is contrary to the intent of the enabling legislation which contemplates planned zoning based on the welfare of an entire neighborhood. See Holt et ux. v. City of Salem and Yokely Zoning Law and Practice. Even though there is a presumption of legislative regularity when the governing board of a county enacts a change in a zoning ordinance, the antithetical character of spot zoning and its recognized erosive effect upon the comprehensive zoning plan automatically tends to neutralize,if not to overcome, the presumption in the particular case.Accordingly,courts generally view spot zoning as being outside the presumption of legislative regularity,and require substantial evidence of change in the neighborhood in order to justify the rezoning of a small tract as an amendment in keeping with the comprehensive plan.The annotation is from 1957 and 1965, Smith v. Washington County in Oregon. The Supreme Court's discussion in Smith regarding the need to produce "substantial evidence of change in the neighborhood is consistent with the approval criteria set TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 23 forth in Tigard Development Code 18.380.030(3),which requires the applicant to demonstrate "evidence of change in the neighborhood or community" to justify the requested zoning change. This criterion is not satisfied. The only"change"in the community identified by the applicant or staff is a general increase in the city's population over the years. However,most cities do grow and an increase in population,by itself, cannot form the basis for a change in the existing comprehensive plan. When the city first adopted its zoning map and comprehensive plan,it would have necessarily considered the natural increase in population in decades to come and the plan would have been designed to accommodate such anticipated growth. If population growth in and of itself can justify zoning map changes,then the comprehensive plans would lose any meaning and could be manipulated and changed after every new population census. Instead,the applicant must demonstrate some other type of change in the community. For example,a sudden and significant disproportionality between needed commercial properties and needed residential properties might justify changing a zoning designation, especially if such disproportionality did not exist and was not contemplated at the time of the enactment of the comprehensive plan. The applicant,however,cites no sudden changes in the availability of lots suitable for housing versus lots suitable for commercial construction that might justify a zoning map change. Moreover,the increase in population cited by the applicant would presumably include an increase in the need of professional services and maintaining the existing inventory of professional-commercial zoned properties as shown on the plan is necessary to accommodate such growth. However,applicant does not even attempt to address the effect of the loss of professional-commercial zoned property on the overall comprehensive plan. Without more evidence demonstrating that the existing comprehensive plan and zoning map is inadequate to address how the city has grown,the proposed zoning change is the type of"spot"zoning that the Supreme Court warned against and should be denied. The applicant's argument that the proposed R-7 will form a"buffer"makes no sense because it will push dense residential development to just across the street from busy commercial areas,when under the existing plan,the professional-commercial zoning designation already provides a more viable buffer. Mr.Long said he is the Chair of CP04M,the official citizen participation organization serving east Tigard,Metzger and Durham. They met last week and discussed this and other proposals. In December of 2015 they voted unanimously to endorse retaining the Commercial-Professional zoning. CP04-M asks council to deny the Comprehensive Plan amendment and zone map change and the planned development review. He said the citizens,both nearby residents and CPO members do not support residential use,particularly R-12 and multi-story buildings.The vote was 19 ayes and 0 nays at that meeting. R-12 zoning does not fit the character of the TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 8 of 23 neighborhood. If the property does not remain commercial zoning,R-7 or R-5 makes more sense. On January 18,2017 the CP04-M voted unanimously to encourage the city council to include the property within the boundaries of the Tigard Triangle urban renewal levy. The Comprehensive Plan probably did take into consideration that growth was built in. Focusing on the planned development review just because the applicant is just in the concept PDR stage does not mean that the city is in the same preliminary stage now also. The city's planning department should be providing more details to justify the CPA and the zone. He read the following: CDC Chapter 18.350.010—Purpose—to 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 rules of the Community 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. There is no evidence. They ask for denial. 18.390.050—The property is within drainage ways and there has been no impact study. He asked if all the people from last year's hearing were notified because they are interested parties in this case. He said the city has their addresses and he hoped they would have been contacted. Citizen involvement—There are citizens and homeowners near him that did not get notice. The Stafford Development concept application has not been fully reviewed. There were 9 weeks where they could not get a copy of it. He said he came to the city offices and met Mr. Pagenstecher and viewed it for 15-20 minutes but came down again on January 10 which was the day the snow storm started. He asked to see where the application was online and Mr. Pagenstecher was unable to find it online that day but found out yesterday that it was online. It is difficult for citizens to review and he wondered how many citizens came down to review this concept development plan but could not. Mr. Long said he was not just representing himself when he suggested he was substantially damaged by the sign being down;he is representing other citizens,renters and other people who did not get notice that there was a hearing tonight. There are many people who might have been in the back of the room if they had received proper notice. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 9 of 23 Staff has not documented the quasi-judicial process and not engaged the neighbors directly in a process to ensure information is available and notice received. Why doesn't the city post the developer's application online for the citizens to see? Why doesn't it provide a copy to the CPO at the beginning of the process? It started snowing on January 1 Wh and he could not get down to the city to see the file. The planning department is closed on Fridays and Monday was the Martin Luther King Jr. holiday. He returned Tuesday morning and he brought in letters from neighbors complaining that they could not see it. Mr. Pagenstecher said it was online. He asked if there was an extra copy they could take and review and were told no. He said this impacts citizens' substantial rights by removing their ability to view plans and comment fully on them. There was no access during the snowy week. He asked what the process was to change misinformation in the Planning Commission minutes. Mayor Cook told him that would be a Planning Commission process. He said there were errors and it is the city's responsibility to have accurate information. Mr. Long said he did not understand why the city is a co-applicant on this application. He said last year the city was the applicant and he complained about how the city could be neutral and said this is still an issue for him. He asked whose idea it was to propose the zone swap to begin with. He asked that council pay attention to the large citizen measure of local input and deny this application until a better proposal appears. The concept of a buffer between the City of Tigard and the unincorporated town of Metzger makes no sense. Heidi Rechteger 10815 SW W Avenue,Tigard, OR 97223, said she lives on the corner of 74 h Avenue and Spruce Street. She moved into her house one and one- half years ago and will be directly and negatively impacted by this building. During the building she will have one-two years of noise and odor pollution (asphalt) in her garden. She bought her house for peace and quiet in her retirement. Housing types should be on a scale compatible with adjacent low density residences. She cannot imagine why an acre and one-half with 18 structures is considered medium density. She understands that Tigard needs housing but asked if it is needed right there. She asked council to be responsive to the wishes and needs of their voting constituents. Alexis Scher, 10580 SW 77th Avenue,Tigard, OR 97223, said she resides between Oak and Pine Streets. She said this development would affect her family and the infrastructure is not adequate to accommodate two cars. She spoke about safe walking to Metzger Elementary and said there are no safe pathways to school. They have a hard time walking to school and she must hold the hands of her children to make sure they are safe when walking on Maple and Locust Streets. She added that Metzger Elementary is full and asked where 36 additional children would fit. She said having a park allows equal access and helps to build community. Obesity rates TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 23 are rising with social media use. She asked council to think about Tigard in 15-20 years and asked, "Do you want houses or places for kids to go outside and play?" Gay Wakeland, 7210 SW Pine Street, Tigard, OR 97223 did not speak. Jim Long said she is opposed. Dennis Wakeland, 7210 SW Pine Street,Tigard, OR 97223 did not speak. Jim Long said he could not stay and was opposed. Penny Stewart, 7330 SW Pine Street,Portland, OR 97223 Qim Long read her written testimony, a copy of which was submitted into the record.) She wrote that her property borders the property to be rezoned and she was concerned about what R-12 would mean to the neighborhood.After the meeting in which Mr. Pagenstecher said the development application could be found online at the Tigard website she tried to find it but could not locate it. She was unable to drive to the city to view it because of inclement weather. City Hall was closed from January 18-23. She sent a letter to Mr. Pagenstecher on January 17 and also left a phone message asking to be walked through the application online. She did not receive acknowledgement for the letter or phone call. She has had very little time to study it,therefore this prejudiced her ability form a comment so this prejudiced her form a comment. In the little time she had to review the application she found things she did not agree with. 1)A change in zoning would violate her rights as a neighboring land owner. She did not buy her property with the expectation or desire to be bounded by 18 two-story homes in her backyard. 2) Per approval criteria stating the proposed development satisfies goal 10.2 of land use planning to protect and enhance the quality and integrity of residential neighborhoods is just not true. The quality of this neighborhood would suffer because of the increase in traffic and the inappropriate density as compared to the rest of the neighborhood and its larger lots. 3) The increase in population throughout the Tigard area does not justify spot rezoning in our neighborhood. The Comprehensive Land Use Plan addressed the expectation of growth at its inception. 4) This development does not satisfy the needs apparent to this neighborhood and surrounding properties as our petition for a park has demonstrated. There is nowhere close for a mother to take her children to play within walking distance. Judy Castillo, 8535 SW Spruce Street,Tigard, OR 97223, said she was present because she is opposed to the development. She has been through a similar situation when she lived on Churchill Court and a lot of the same buzzwords were used when Gage Forest development was built, such as affordable housing. She said she hears a TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 23 lot of the same rhetoric from the city. She said for the last four years there has been continual development and she has not had one weekend where she has not been awakened by development noise. This is a problem and all she sees is the city bending over backwards to help the developers. There are rules and regulations that should be followed.As a longtime resident of Tigard she is getting sick of how the city is physically in bed with developers. She said she has rights as a citizen and homeowner in this town. She is opposed to this development. Noreen Gibbons, 10730 SW 72"a Avenue,Tigard 97223, said she hears dollar signs from the developers. She bought her home well aware of the zoning across the street and she was sure the owners were aware of the zoning when they purchased the property.Their proposed daycare was a perfect solution but it fell through. She understands their need to sell the property but her biggest concern is livability and quality of life for her,her family and the neighbors. Their private road inlet is opposite her driveway and she can barely get out of her driveway now. She said it does not make sense and has nothing to do with the neighborhood livability and character or flavor. She asked council to picture themselves living in her house— they would not like it. She heard about spot-zoning and said people have the right to sell their property,but doesn't she have the right as a neighbor to have the quality of life she purchased? She said,"Have some decency." Amanda Jagelski signed up and was called upon but did not speak. Margo Monti signed up and was called upon but did not speak. Hans Boogman, 7803 SW Spruce Street,Tigard, Or 97223, said this will have a huge impact on traffic. He said his boys play soccer on the street which is already dangerous and asked what will happen when all these "chicken coops" are built. He said this is inappropriate. He just purchased his home and it is dangerous to walk in the neighborhood because of all the cars.This development will bring more cars and is inappropriate. He said he is totally opposed to it Nancy Tracy, 7310 SW Pine Street,Tigard, OR 97223, said she has been a resident for over 50 years and there has always been growth. She said they can accept that but reading Stafford Development's concept report left her with one impression- a lot of charts and language used to make a bad idea look good.At the November Planning Commission hearing the company has failed to picture the housing type. She submitted for the record photographs to show what the narrow two-story houses will look like. She said the company's claim that these tower houses provide a needed buffer is ludicrous. A real buffer is the natural open space radiating out in all directions to serve the recreational needs of the neighborhood. There are residences all around this piece of land. Livability is all about having a natural space within a community where people can walk and find safety and a place to exercise or just rest. The end result of the loss of this land for a park will be to open this area to rampant overdevelopment. This is the big piece and once gone,will never be around again in TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 12 of 23 our lifetimes. The acreage as it exists is large enough to serve the recreational needs of the neighborhood but is the only acreage that is sufficient. She asked if the money could be used instead to build a safe pedestrian/bike passage over Pacific Highway to the Tigard Triangle, the city's planned commercial oasis that is now car dependent. The bridge would make a natural connection to the neighborhood. She said the thought may be outrageous but she hopes it will start a conversation that needs to be held. Kyle Kohlman, 10900 SW 76'''Place, #14,Tigard, OR 97223 stated his opposition to the plan. He said he grew up and lived here his entire life and has watched every natural area or green space he grew up around disappear. Everything he knew as a kid has been turned into houses.As he gets to the age where he may consider starting a family or finding a permanent location it's becoming less likely that it will be in Tigard as it is not a place to grow up in with nothing there to enjoy. He watched Walmart come in and traffic is a disaster. He has owned his house since 2011 and it is becoming an area that is not friendly to families,with almost no sidewalks anywhere in the area. Ann Murdock, 7415 SW Spruce Street, Tigard, OR 97223 said she wrote council a three-page letter one year ago. She said she did not receive anything in the mail about the matter tonight. She noted that the signs (on the property) got wet in the rain and she could not read them. This is the first time she has seen the concept plan. It reminds her of the townhouse development built on 74' Avenue. They have bad access for fire,garbage or police. Cars park in front of her home on W Avenue and she does not want cars parked in front of her house. It is already overcrowded and this will make it worse. There is a chunk of land that is constantly wet. She said there are natural springs and a lot of work needs to be done on the property. This development does not fit with surrounding area. The area has one-half to one-third acre properties with homes and that is what should be on this property. Building a park would be great. Metzger Park is not as safe as it used to me. This chunk of land is ideal (for a park) because it is open and would be safe. Nathan Murdock, 7415 SW Spruce Street, Tigard, OR 97223, said he has spoken to council before. He said lately neighbors are calling and asking him, "Do you know whose car that is?" He said there are issues with drugs on 7e Avenue and there is newer housing that has no place to park so they park in front of his house. If anyone in the neighborhood has guests there is no place for them to park. New people are looking into the neighborhood and when they find out there is a potential park they are all excited but when they hear 18 homes are going in they lose interest in the area. The traffic has already been mentioned but it is atrocious. Traffic has been an issue since he moved to Tigard in 1979 and now it is bleeding onto the side streets. Now we are going to put 36 cars on one corner. This will be difficult and if they cannot park there where will they park? Fred Meyer's? That is not fair to Fred Meyer's. There is not supposed to be parking on one side of the street but people still park there because there is not enough parking space. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 23 Scott Brownsten, 7212 SW Pine Street, Tigard, OR 97223 (read by Jim Long) He opposes rezoning the tax lots located west of the intersection of 72"a Avenue and Spruce Street from commercial to R-12. He reviewed the proposed 18 house development and has serious concerns regarding their construction as follows. His view from his backyard is of the tax lots in question. All of the proposed designs are not in character with the surrounding houses and will damage his view shed. He is concerned with loss of privacy because multiple houses will be able to see into his backyard. Traffic on SW Pine Street is pretty bad and people speed in front of his house on a regular basis. He has a 14-month-old son and fears for his safety. Adding 18 new houses one block away will increase traffic, further eroding his son's safety. It is difficult to get out of the neighborhood during rush hour and this will only increase with 18 new houses. It is unclear if the increase in traffic was considered as part of this project but this is a serious concern. There are no places within safe walking distance, no sidewalks to take his son to play. A better use of the land is a park to service the existing neighborhood. Ryan Kohlman, 7307 SW Locust Street,Tigard, OR 97223, said he is a lifelong resident living in the family homestead on Locust Street that was purchased in 1915. He said his son Kyle spoke about changes he has seen in the neighborhood since he was born. He has been there for 55-plus years. His grandmother worked for Henry Metzger. His father and grandfather both worked in real estate and he realizes that this type of improvement is inevitable but he cannot see the right decision being made to allow that type of housing in an area that small. He said he also owns some property on 76th Place. He has seen the condition of the street, the cross traffic and the difficulty of getting to 99W,hampered again by the installation of the medians. He said Fred Meyer has trucks and vehicles entering behind the store and saying that there will only be 36 cars is an understatement. He encouraged council to reconsider the process and the decision to rezone. Christina Hansen, 10670 SW 75d Avenue,Tigard, OR 97223, said she was the only one who accepted the initial annexation into the City of Tigard. She spoke with the Planning Commission and as everyone else has stated, granting the zone change will alter the essential character of the neighborhood. Density decreases livability. This change is not desired by the neighborhood and the City of Tigard has more of an obligation to listen to the residents first and not the developer. At the Planning Commission she spoke about her drainage issue and the Planning Commission president said she hopes the builders would get in touch with her personally about this issue. They have not done that yet. She supposed they could wait until the detailed plan. However, they have been dealing with this water issue since 2004. They have dug out their backyard multiple times and cannot add any more drainage. She said the water issue should be addressed before this plan is approved. She said she also has two children that attend Metzger Elementary and the neighborhood is not walkable. Metzger does a once a year walk to school event and she knows there are adults and kids but she is not comfortable leaving her children with adults she TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 14 of 23 does not know. She said her other issue is that she asked that the storm track go all the way up to her property because she is the one who has water running from the field into her yard. She did not see how making more houses with smaller yards does anything for the children. Kids need to play. The city's master plan talks about needing more parks and how the prices keep going up. She suggested the city grab this land before it turns into this (gestured towards the slide of the concept plan). David Mangold, 11053 SW Legacy Oak Way,Tigard, OR 97223 said he lives in a home on R-12 zoned land in the newest neighborhood mentioned earlier. He was not aware he lived in a"chicken coop." He spoke briefly about the kind of people that live in his development. He is a military academy graduate and a veteran, civil servant, entrepreneur and small business owner. He said if he was buying today he could not afford to purchase the home he lives in. Housing prices since 2013 have increased substantially and there is a great need for affordable housing. He wanted people to understand that affordable housing does not imply that a particular type of person will be living in that housing. The housing market has changed and while he would love to live on a quarter-acre lot with a nice view shed,that quarter-acre lot would probably sell for half a million dollars. He said he is conscientious and tries to work with his neighbors. Whenever they have folks over he makes sure they do not park on 7e Avenue. There is an oak tree in his neighborhood and he sees neighbors from outside of White Oak Village walking near the tree and enjoying that space. He understood concerns people have,particularly long-term residents but people have to live somewhere and good people will live in this kind of housing. Cynthia Patelzick, 10975 SW 7e Avenue, Tigard, OR 97223, referred to the previous speaker's development and said she wrote a letter to try and stop that process. As the neighbors feared, cars speed up and down and we are not a neighborhood; we are a freeway for the people that live back there. She said she is not saying that the gentleman who just spoke is like that but very many of them are. Many are very nice however; they have a nice green space they get to use. Everyone else is out in the cold. There are no bike paths, no sidewalks and no parks. That does not make it a livable area. She said her street has become a throughway and the children cannot play in their front yards without fear that they will be run over. Tonya Banks, 7600 SW Pine Street,Tigard, OR 97223, said she agrees with everything said in opposition. She is new to the neighborhood and the Metzger area. She has an eight-year-old boy who attends Metzger Elementary. She feels strongly that there should be a park in the area. Metzger Park is on Hall Boulevard which is a busy road to cross. Another reason to have another park is to have an emergency location or meeting point during an earthquake. She said she was curious if there was a thought to put a park inside the development as a compromise. A park is definitely needed for children in the neighborhood. Scott Ronnie, 10900 SW 78th Avenue,Tigard, OR 97223, said he has an elementary aged student and they have no park to go to. Metzger Park is the closest but they do TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 15 of 23 not trust him to go to Metzger since there are no sidewalks in the area. He said the future residents will be complaining about not having a park or greenspace. People use the streets as a cut-through to get to Costco,Walmart and Winco. It is already dangerous. There is a need for a park and Tigard emphasizes the need for green space and this would be a great place to put it. Evangeline Pattison, 7214 SW Locust, OR 97223, said she owns one of the original 1930s farm homes of 1,000 square feet and lives next to 3,600 square foot homes. She said this development would not fit in the neighborhood. She asked if the traffic study could assess what was happening prior to the Lennar development on Locust Street vs the current situation. The traffic has dramatically changed. She noted that the corner of Spruce Street and 72"d Avenue is heavily travelled and she has seen two accidents there. She said this will not make any changes to make that corner safe. H. Response to testimony by staff-Associate Planner Pagenstecher said some of the testimony relates to approval criteria and he would address it. • He clarified for council that when or if they approve the concept plan they are required to give the applicant direction so that when the detailed plan is developed it can be found consistent with the concept plan. • Regarding spot zoning he said the property was zoned commercial when it was in Washington County.At the time of annexation it was rezoned to the closest zone the city had to the County's zone. The proposal is to change the zone for these pieces of property to residential. He said this is not an unusual request. Similarly,the R-12 zone is used in pieces in other parts of the city where it can offer a buffering function. • The findings regarding a change in the community are addressed on page 8 of the Planning Commission Recommendation. Jim Long said the reason is increased population and that is a background condition for the need for affordable housing which is allowed in that zone. This is combined with a change in the market that does not support commercial use,as evidenced by the owner's application for the change of this C-P zone over the last several years. • The city is not a co-applicant but is interested and supports the re-zone. I. Applicant rebuttal to testimony-Ken Sandblast said he found testimony helpful and he made some notes. • He heard a lot about traffic and said page 5 of the Planning Commission Recommendation specifically addressed the ODOT traffic analysis. The existing zoning of commercial-professional has 220 trips during p.m. peak hours. Now it will be 43 trips, which is roughly a 75-percent reduction. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigar4-or.gov I Page 16 of 23 These are the facts in the record. He pointed out that the detailed plan will go through a traffic analysis. Some of the last testimony asked if there would be a traffic analysis and yes, it will be done to analyze traffic in the intersections in the surrounding areas defined by the city to be studied. They will look at capacity, trips generated now and how this property will impact this system. • Associate Planner Pagenstecher touched on change in circumstances of need and in addition to the reference he gave, this is addressed extensively in the application narrative on pages 15-16. It is an approval criterion and is fully addressed. • Neighborhood notice is a recurring theme for a variety of reasons. The staff report was made available to everyone, including the applicant and himself and to his knowledge met the code requirements of the city. • He said they looked at the development concept of developing this property at the C-P zoning and determined that there could be an office building of 15,000-18,000 square feet per floor.This is existing zoning concept planning. He said he did not want this to be a threat but he wanted to point out that the R-12 zoning allows other types of housing including multi-family and attached housing and this is not what they are proposing.This is another reason why this concept plan is offered. It gives the neighbors certainty about the types of housing they would see on this property. • The planned development concept private drive is aligned with an existing street on the south side of Spruce Street. • The water issue was raised in the November Planning Commission meeting and they do want to know about it but they are not at that level yet. They won't spend time doing the required soils and engineering studies until a concept plan is approved and they have certainty to go ahead. He noted that the applicant's submittal to the city must meet utility and storm water regulations which require looking at adjacent properties. There is no question that the drainage issue will be examined. Presence of a wetland will need to be established as factual information and will be determined at the time of a detailed plan. If there is a substantial wetland they will be back before the decision makers to be revise the plan. As pointed out earlier, approval of a planned development casts a die and what is seen is what you get in regards to the open space, street locations and housing, etc. Morgan Will said he is the project manager for Stafford Development Company, LLC,485 So. State Street,Lake Oswego, OR 97034. He expressed appreciation to staff for their help and to the community for their participation. He said they had a great conversation about opportunities for a park and heard interest from neighbors about the property becoming a park however there was no interest from the city in purchasing it. They have a contract to buy the property and did express interest in offering the property for sale to the city but since that is not forthcoming there is a timeline and they need to move forward. TIGARD CITY COUNCIL MEETING MINUTES -January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 17 of 23 Mr.Will noted there was a lot of concern expressed about density and housing types. The land is on the edge of the City of Tigard and is a challenge because it is a change from county density to urban density. He reinforced what Mr. Sandblast said about building it out as commercial development and how it would be larger and more intrusive.The design is a transition, and the buildings will be limited to two stories so it will be less intense. He commented on what he heard about safety. Many older neighborhoods were built without sidewalks but the new trend in urban development is to require them. He pointed out that this project will have additional paving width and sidewalks with a planter strip between. These elements will add safety to the neighborhood. He said currently there is no refuge at the comer but this project will create a safer corner and a wider, safer street. Mr. Will reiterated that the property is irregularly shaped and they could have done a standard subdivision. The upper right hand piece of the property has difficult access but the only way to get back there is with flag lots or a private street. The private street is the preferred method and that can only be built through a planned development. Another planned development requirement is common, open spaces. A regular subdivision does not require them.Also,these spaces are normally owned by a homeowners'association for private use but these open spaces will allow everyone access. Council President Snider raised an issue. Although this was not mentioned verbally, Mr. Long has questioned his impartiality in this case on page 8 of his written testimony which is in the record. Council President Snider read his statement from the February 2,2016 minutes and commented that what he said was factual. He asked City Attorney Rihala what the process was because this was not raised when Mayor Cook asked for objections but is now part of the written testimony. City Attorney Rihala explained the process. Mayor Cook asked if Mr. Long wanted to state whether he believes Council President Snider is biased or impartial. Mr. Long replied, "Yes,yes,yes." He said with Council President Snider's statement that it was going to be residential he thought the council had some problems. City Attorney Rihala asked Council President Snider if he felt he could be impartial or did he want to recuse himself from this decision. Council President Snider said he would happily recuse himself although he was probably the best advocate for what they are looking for. City Attorney Rihala, said from a legal perspective she did not feel that it rose to the level of bias or not being neutral but it was entirely up to Council President Snider's discretion. He said he would recuse himself. Mayor Cook asked Council President Snider to go to the conference room for the remainder of the discussion. Councilor Goodhouse asked the applicant if there were any other options for housing design and commented that they look like row homes. He asked if it could be broken into larger lots. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 18 of 23 Morgan Will said they looked at a normal subdivision with three rows of houses, one facing 72"d Avenue and two facing a private street internally but they realized they erred in that private streets are not allowed in a standard subdivision. Putting a road through would mean the property would be all road. Metro also has density standards that the city is a party to and must meet and the developers are balancing meeting the minimum number of lots and providing sufficient access. He said they did consider not having the open space at the corner but it puts houses closer to the roads. Flag lots were considered but this was not popular because in the market people prefer having a community road rather than flag lots. Other initial layouts did not respect the large tree. They came up with this plan because it puts the open space where it will do the most good for a natural setting. Orienting the houses left and right of the private street was done purposefully; fronting them towards Spruce Street puts "eyes on the street." Mr. Will confirmed that the houses are two-story with a traditional pitched roof for Oregon to help keep moss off. Mayor Cook noted that putting a bigger park in the middle of the green space only benefits those houses. Secondarily,if the houses are backed up to the edge they do look into the neighbor's backyards. This planned development concept will save the tree and limit the buildings to two stories. Mr. Will clarified the spaces between the residences for Councilor Goodhouse. He said there are two different lot sizes and the 28-foot yards are designed for 22-foot houses so there are three-feet on either side. The 26-foot yards are for the 20-foot wide homes. There is three feet between the side of the structure and the property line so there is a minimum of six feet between the structures on the side yards. J. Mayor Cook closed the public hearing. K. Council Discussion and Consideration - Ordinance No. 17-01 Councilor Woodard said everyone knows how he feels about parks and this would be a great place for a park. He commented about another R-12 development that he felt did not fit into its neighborhood. He did not feel good about putting that zoning in this neighborhood. He added that he knows what it is like to have development surround a family home and his family attended meetings and came to a compromise. He did not see a compromise with this R-12 zoning;commercial is not 24-7 activity. Councilor Woodard said he read PRAB Chair Polivka's memo which said there is no money. He looked at the 2016 budget and noted that if the proposed budget is pushed through this year there will still be money available. He referred to River Terrace and citywide SDCs and said there is a lot of development and money flowing into the Parks SDCs. He said if the city wants to do something there is a way to get it done. He asked the city council to have the political will and courage to say we need a park there. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,'Tigard, OR 97223 www.dgard-or.gov Page 19 of 23 Councilor Woodard expressed frustration at walking through the neighborhood because there is no safe place to walk and he sees kids playing on those roads. He said, "Do we need R-12 housing? Yes,we do. Is this an area where we necessarily need it in? I don't think so." There is an urban growth boundary expansion coming and people will mobilize themselves out to the west and there will also be infill. Some neighborhoods will sell out for density. He said there is a way to make this a park and he thought there is money but he will need to go through the budget process and the books to see what is available. He referred to the Friends of Bull Mountain and how they developed their park and sees the same thing for this park. This is a huge opportunity and he thinks this can be done. He said at best,he'd love to see a park there or at worst,keep it commercial or zone to an R-5 or R-7. Councilor Goodhouse said this is a quasi-judicial hearing so a park is not even something to be discussed or approved. He said he wanted to get this out there so there is not a false hope. He said he liked the idea of traffic reduction and likes the two-story homes. He was not favorable towards putting in more tightly spaced homes. He noted that if kept commercial no one knows what would go in. Residential would be better. Council can ask that it be kept open and protect the tree. He noted that he has lived in his neighborhood for over 30 years and there used to be acres of forest to play in so the same thing is happening to his neighborhood. He said, "Growth happens and sometimes there is a big lot and people decide to change it." Councilor Anderson referred to his Planning Commission experience and said the plan is as good as can be done within R-12 zoning. He said, "They did a nice job." He noted that TVF&R, Clean Water Services and ODOT have all given basic approval. He said in any part of the city this plan is viable. It has green space and the homes are affordable. $350,000 is at the low end of affordable housing in Tigard. He said parking is always an issue but the traffic is better than what would happen with C-G. The park would be a benefit to the neighborhood but that is not what can be considered tonight. Mayor Cook agreed that the criteria have been met. He said the design is fairly good and it saves the tree, controls height and has green space. He added that we all like parks and want our neighborhoods to be livable and walkable. He said citizens had a chance to add to walkability in the city in November but turned it (gas tax) down. That was a chance to fill some sidewalk gaps but people decided not to fund it. He said the impact to schools is not part of the land use requirements and is not in the criteria to consider. That is up to the school district. He said he agrees that the more houses facing the street the better, from a safety standpoint. It provides more "eyes on the street." TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 20 of 23 Councilor Woodard asked for clarification on the process. City Attorney Rihala, said the first question is does the application comply with criteria for the comprehensive zone change. The second decision if council votes yes on the first question is do you approve the planned development concept plan. Councilor Woodard said if it doesn't look right you do not have to vote in favor of it. It will come back as something else. Councilor Woodard said council could do the right thing for that neighborhood or ignore the 140 signatures on a petition and 200 people in that neighborhood. He addressed the crowd and said"This is all I can do for you is try to convince them that it is the wrong thing to do and if they wanted to,they could do something different." Mayor Cook stated it was not whether he wanted it or did not want it. It is, "does it meet the criteria?" The applicant can appeal to LUBA (Land Use Board of Appeals) and LUBA will ask what part of the criteria was not met and LUBA can tell the city it does meet it and they can build it anyway. City Attorney Rihala said if council does not wish to approve it tonight, she and staff will ask what criteria were not met. Councilor Anderson moved to approve Ordinance No. 17-01. Councilor Goodhouse seconded the motion. Councilor Goodhouse asked a process question and Mayor Cook clarified that the ordinance would be voted on first,then the concept plan. City Recorder Krager read the number and title of the ordinance. Ordinance No. 17-01—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2016-00002 AND ZONE CHANGE ZON 2016-00001 TO AMEND THE TIGARD COMPREHENSIVE PLAN DESIGNATIONS AND ZONING DISTRICTS MAP FROM C-P TO R-12 ON TAX LOTS 1S136ACO2200, 1S136ACO2400, AND 1S136ACO2500 Councilor Woodard commented that even if there was a LUBA challenge he was confident that there are numerous issues with either the Comprehensive Plan amendment or the planned development. Mayor Cook requested that City Recorder Krager conducted a roll call vote. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider recused Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook announced that Ordinance No. 17-01 was adopted by majority vote. TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 21 of 23 L. Consider a motion to approve the Planned Development Concept Plan with direction to the applicant for preparation of a detailed plan (as determined through the public hearing process). Councilor Goodhouse asked about the process to make amendments and if the applicant could come back with some other options. Associate Planner Pagenstecher showed a PowerPoint slide of some concerns that staff had that council could stipulate. At this point certain directions to the applicant can be part of the motion. He said to have the applicant return would probably require a continued hearing. Councilor Anderson said he would like to see neighborhood access to the green space as shown on the left-hand side of the slide. Mayor Cook concurred and also suggested keeping the tree. He asked that the developer ensure that where the arrows appear on the concept drawing there will actually be access. He said a chain across the private drive would keep cars from driving there but would also keep out bikes and kids,defeating the purpose. Councilor Goodhouse asked that the green space be kept accessible to the neighbors. He asked for the drainage issues to be examined. Councilor Anderson asked if there was a slope on the property and Associate Planner Pagenstecher said there is a 6 percent slope from east to west. Councilor Anderson said opening it up to playground equipment can lead to liability issues with the HOA so he recommended leaving it as a green space. Associate Planner Pagenstecher said the motion would be to approve with direction to include public access to the corner Tract C open space,pedestrian access through Tract A, two-story housing type limit,pedestrian-friendly transition access through the private street, and address the drainage issues. Councilor Goodhouse moved to approve the proposed Development Concept as amended. Councilor Anderson seconded the motion. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider recused Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook conducted a vote and the motion passed 3-1. At 10:23 p.m. Councilor Woodard called point of order due to the time and requested that the final items on the agenda be moved to another date. City Manager Wine noted that the two remaining agenda items are time sensitive and require council feedback prior to coming back for potential action on February 7. She noted that there was not a council meeting scheduled for January 31 but there is a council outreach event. She suggested council meet after the outreach event ends at 8:00 TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 22 of 23 p.m. Mayor Cook requested that council members email any questions to Senior Planner Shanks or Redevelopment Project Manager Farrelly so they can be prepared to discuss them next week. CJ RE-VIEW BALL0T MEASURETTTT F FOR O GITV GELATE URBAN FcENRV T \ I A h PLAN S B T A ATTT A T A T,fR'NE)ME--NT Due to time constraints,this item will be moved to January 31, 2017 meeting. 'OTRE-VIEW DSSTTOT A TASUR TTTTLFORTIGTRD TRIANGLEu URBAN RR-N 39 A.T. .. PIAN Due to time constraints, this item will be moved to January 31,2017 meeting. 7. NON AGENDA ITEMS None • EXECUTIVE SESSION The scheduled executive session was not held. Risk Manager Curran said she will update council with a confidential memo. 8. ADJOURNMENT Councilor Woodard moved for adjournment at 10:29 p.m. and Councilor Goodhouse seconded the motion. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ e Q �/ Carol A. Krager,City Reco er Attest: Johlook, Mayor Date: Ve4/ 72dt :2 TIGARD CITY COUNCIL MEETING MINUTES —January 24, 2017 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 23 of 23