Ordinance No. 17-16 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 17- 16
AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE SECTIONS
18.520.030, 18.630.015, AND 18.630.A, TO PERMIT MOTOR VEHICLE SALES/RENTAL IN THE
MALL SUBDISTRICT OF THE MUC ZONE AS A STAND-ALONE USE PROVIDED OUTDOOR
INVENTORY IS SCREENED FROM VIEW (DCA2017-00001)
WHEREAS, the City received application for a proposed code amendment to amend the text of the
Commercial Zoning Districts Chapter (18.520) of the City of Tigard Community Development
Code to permit Motor Vehicle Sales/Rental as a stand-along use in the Mixed Use Commercial
(MUC) zone within the Washington Square Regional Center Plan District; and
WHEREAS, City staff recommends an alternative amendment, consistent with the applicant's
purposes, that utilizes the sub-district approach to accommodating the Motor Vehicle Sales/Rental use
as a stand-alone use in the MUC zone.
WHEREAS, notice was provided to the Department of Land Conservation and Development at least
35 days prior to the first evidentiary public hearing; and
WHEREAS, notice to the public was provided in conformance with the Tigard Community
Development Code Chapter 18.390.060.D; and
WHEREAS, the Tigard Planning Commission held a public hearing on June 5, 2017 and
recommended with a vote of seven in favor and one opposed, that Council approve the proposed
code amendment; and
WHEREAS, the Tigard City Council held a public hearing on July 11, 2017, to consider the proposed
amendment; and
WHEREAS, the Tigard City Council has considered the recommendation of the Planning
Commission; and
WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies; and any applicable provisions of the City's implementing ordinances; and
WHEREAS, the Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and unanimously approves the request as being in the
best interest of the City of Tigard.
ORDINANCE No. 17- 16
Page 1
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is
hereby approvedP by and adopted b the Ci Council.
�'
SECTION 2: The findings in the June 15, 2017 Planning Commission Recommendation to
Council and the Minutes of the June 5, 2017 Planning Commission hearing are
hereby adopted in explanation of the Council's decision.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By U 4&11)M-55 9 vote of all Council members present after being read by
number and title only,this 4A day of ,2017.
Car A. Krager,City Record
APPROVED: By Tigard City Council this 1 /fi day of CY 14 4 32017.
"(/1 1—j
John 0 Cook,Mayor
Approved as to form:
City A
Date
ORDINANCE No. 17-
Page 2
EXHIBIT A
Me1-761-e al
DCA2017-00001
MOTOR VEHICLE SALES IN THE MUC ZONE
DEVELOPMENT CODE AMENDMENT
Explanation of Formatting
These text amendments employ the following formatting:
St6kethrough - Text to be deleted
[Bold,Underline and Italic] — Text to be added
Chapter 18.520
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
[The MUC District allows Motor Vehicle Sales/Rental as a restricted use subject to the following
limitation:]
[24] Permitted as accessory to a permitted use as long as this use is contained within the same
building as the permitted use, and does not exceed the floor area of the permitted use-, or as
otherwise permitted in the Mall Subdistrict, per 18.630.015.B
18.630.015 Where These Regulations Apply
A. The regulations of this chapter apply to the Washington Square Regional Center Plan District.
The boundaries of this plan district are shown on Map 18.630.A located at the end of this chapter,
and on the official zoning map.
B. Subdistricts. The sub-area identified on Map 18.630.A and described below has different
land use and development regulations.
1.Mall Subdistrict. In addition to the land uses permitted in TABLE 18.520.1 USE TABLE:
COMMERCIAL ZONES for the MUC zone, motor vehicle sales/rental may be permitted as
a stand-alone use provided all outdoor vehicle sales inventory is screened from view from
adjacent public roadways,,and complies with all other applicable development standards.
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EXHIBIT 1
Map 18.630.A:Washington Square Regional Center Plan District Boundaries and Subdistricts
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Plan District Boundary
Tigard City Boundary
- Macerich MUC /
Subdistrict Boundary
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RECOMMENDATION TO CITY COUNCIL a
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: MUC MOTOR VEHICLE SALES CODE AMENDMENT
FILE NO.: Development Code Amendment DCA2017-00001
PROPOSAL: The applicant, owner and operator of Washington Square Mall, requests
amending the text of the Mixed Use Commercial (MUC) District (Community
Development Code Section 18.520.030) in order to facilitate development and
redevelopment opportunities. The proposed text amendment would change the
allowed uses in the Washington Square Regional Center Plan District's MUC
zone, Table 18.520.1 Use Table: Commercial Zones, Foot Note [24], to permit
le R ntal as a rima use in certain areas subject to certain
Motor Vehicle Sales/Rental primary �
screening requirements.
APPLICANT/ Macerich,Inc.
OWNER: Contact: Overton"Skip" Kuhn VP Dev.
401 Wilshire Boulevard,
Santa Monica,CA
LOCATION: Within the MUC zone,north of Hwy 217.
ZONE/
COMP PLAN
DESIGNATION: MUC: mixed use commercial district. The MUC zoning district includes land
around the Washington Square Mall and land immediately west of Highway
217. Primary uses permitted include office buildings, retail, and service uses.
Also permitted are mixed-use developments and housing at densities of 50
units per acre. Larger buildings are encouraged in this area with parking under,
behind or to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.520 and 18.630;
Comprehensive Plan Goals 1,2,9, 12;Statewide Planning Goals 1,2,9, 12.
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DC\2017-00001 NIUC Motor Vehicle Sales Code Amcndmcnt PAG I?1 OF 15
SECTION 11. PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends that City Council approve the proposed Plan District
amendment included in Attachment 1 of this report, or as otherwise amended through the public
hearing process.
SECTION 1I1. BACKGROUND AND PROJECT SUMMARY
This proposed code amendment has been initiated by Macerich, owner and operator of Washington
Square Mall. Macerich requests amending the text of the Mixed Use Commercial (MUC) District
(Community Development Code Section 18.520.030) to allow Motor Vehicle Sales/Rental as a primary
use in order to facilitate development and redevelopment opportunities.
The subject site, the area identified by Maserich for the siting of an auto dealership, is located
northwest of the intersection of the Hwy 217 and SW Greenburg Road and south of Washington
Square Road,a private street.The area is known as the Washington Square"Fringe" property as it lies
beyond the Washington Square Mall proper and Washington Square Mall Too property north of
Washington Square Road.The property in the Fringe had been developed in the late 1970s and 1980s
with a cinema,TGIF restaurant, Cucina Cucina restaurant, and a bank. The cinemas were demolished
and the TGIF building was abandoned years ago, Cucina Cucina was redeveloped as a Thirsty Lion
restaurant, and the bank still remains.
With one exception, the underperforming property has not attracted any redevelopment interest. A
themed chain restaurant obtained a development permit in 2008 but did not act on it as the great
recession overtook the market. With this backdrop, the motor vehicle sales proposal is a welcome
redevelopment opportunity for Macerich. However, to permit the use as proposed requires a text
amendment to allow the use to stand on its own and not be subject to the current restriction of being
contained within the same building as a permitted use and not exceed the floor area of the permitted
use.
The existing code language and proposed text amendment are as follows:
Existing Code Language:
Motor Vehicle Sales/Rental is permitted as a restricted use in the Mixed Use Commercial (MUC)
zone within the Washington Square Regional Center Plan District,subject to the following limitation:
Table 18.520.1.[24] Permitted as accessory to a permitted use as long as this use is contained within
the same building as the permitted use,and does not exceed the floor area of the permitted use.
Applicant's Proposed Amended Code Language:
[24] This use is allowed only in mixed use developments in the Washington Square
Regional Center at (1) a location north of Highway 217 and (2) provided outdoor
vehicle display and storage is predominantly screened from the adjacent frontage of
such roadways in a manner which ensures a pedestrian-oriented environment on
such frontages.
The applicant has included a Site Survey dated March 17, 2017 which includes Tax Lots 100 and 101
of Washington County Tax Map 1S135BA (below, Figure 2). The site survey includes the property in
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Macerich's ownership where the proposed Motor Vehicle Sales/Rental use would occur under
current market demand.As shown in the Site Aerial (below,Figure 1), the Thirsty Lion,vacant TGIF
building and associated surface parking lots are located on Tax Lot 100; Tax Lot 101 contains a
surface parking lot.
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DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 401,'15
SECTION IV. ANALYSIS
The existing development code permits Motor Vehicle Sales/Rental as a restricted use in the MUC
zone as long as it is accessory to a permitted use contained within the same building as the permitted
use,and does not exceed the floor area of the permitted use.
X ® These restrictions ensure the use is associated with
® mixed use development, limited relatively as to size
and has no exterior impacts. These restrictions flow
I t `. from the Washington Square Regional Center Plan
(Plan), in which the Plan area is analyzed through
five smaller districts identified as Districts A through
•' E. The Plan identifies the subject property as being
located in District A: The Commercial Core, "as
containing surface parking lots that represent the
t # t r p single greatest opportunity for new development in
the district." The Plan anticipated development in
the mixed use commercial district such as "office
% " � i �'
`� .- towers housing many new jobs and high density
�w four to five-story residential buildings. This district
would be highly urbanized with significant transit,
pedestrian and bike improvements as well as
enhanced traffic access and circulation." The Plan
included development standards for the MUC zone
( ® of a minimum of two stories with 1.25 FAR.
Div.riets within at study ama
The urban character and density envisioned by the Plan is in conflict with the typical low-density
single-story buildings and surface parking lots associated with suburban-style motor vehicle sales.
Therefore, staff's support of the code amendment proposed by Macerich has been predicated on the
understanding that the current restrictions ensuring mixed use, limiting size and avoiding exterior
impacts be addressed if the use were permitted to stand alone and not be contained within a building.
To the extent the outdoor sales inventory can be effectively screened from view from public rights of
way, the purpose of the indoor requirement can be addressed through alternative means. Working
with the applicant through design development,it appears as though all vehicle sales inventory can be
screened from view from adjacent public roadways at the subject site. Furthermore, the stand- alone
layout can be considered a horizontal mixed use along with the existing bank and restaurant uses on
the subject site. All other development code provisions must still be met including the minimum 1.5
FAR for the mixed use site, which could be achieved through phased development over time under
existing code provisions,and the two-story minimum building height.
The applicant proposes a limited area where the use would be permitted, as shown in Figure 2 (Site
Survey dated March 17, 2017) above. The area is coterminous with the lease area required for the
anticipated dealership. Restricting the use to this area would limit the amount of the MUC that could
be used for relatively low-density auto dealerships in the Plan District.
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DCA2017-00001 MUC Motor Nlel&le Sales Codc Amendment PAGE'5 0h 15
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Proposed Staff Alternative
Alternatively, staff proposes implementing the text amendment through a sub district construction
that is used elsewhere in the code, as in the Tigard Downtown Plan District and the Durham
Advanced Wastewater Treatment Facility Plan District. This would include a revised Use Table Note
24 that would direct an applicant to the sub district plan map to determine where the Motor Vehicle
Sales/Rental use is permitted and on what terms. The sub district area could be the area proposed by
Macerich or expanded to include all of the contiguous Macerich or"mall" property, as shown on the
proposed sub district boundary map, Figure 4., below (and shown in Attachment 1). Staff proposes
that placing all of the mall property within the sub district could facilitate future unanticipated
redevelopment of the mall properties through acknowledgement of the mall's particular
circumstances including access, expansive parking lots, and the mall building itself, as envisioned in
the Washington Square Regional Center Plan.
A sub-district provides much more code flexibility and clarity for users of the code. Washington
Square Mall is one of the largest of its kind in the state and has unique characteristics and needs that
are not easily captured in a standard base zone. That unique characteristics of the mall are better
accommodated within a sub-district. Any potential future development scenario that develops for the
mall property can be more easily captured in the sub-district, leaving the rest of the plan district
unaffected. This allows for town center level mixed use urbanization in the majority of the district,
while recognizing that the mall itself is an entity of its own.
Additionally, regulating through a sub-district achieves the Department's goal of reducing or
eliminating regulations done through footnotes. Regulation through footnotes has caused multiple
errors in the past either through confusion or just getting overlooked because they are "hidden" at
the bottom of a table in very small font. Regulating through a sub-district is much easier to
implement.
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DCA2017-00001 1\I UC Motor Vehicle Sales Cade Amendment PAGE 6 OF 15
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In conclusion, staff finds that the proposed development code amendment can be approved
consistent with development code provisions and comprehensive plan policies and recommends the
sub-district approach to accommodating the motor vehicle sales/rental use as a stand-alone use in the
MUC zone.
As shown in the findings below, the proposal is consistent with the applicable provisions of the City
of Tigard's Development Code and Comprehensive Plan Policies.
SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
This section contains all the applicable city and state policies, provisions, and criteria that apply to the
proposed Development Code amendment. Each section is addressed demonstrating how each
requirement is met.
APPLICABLE PROVISIONS OF THE TIGARD COMMUNITY DEVELOPMENT CODE
(TITLE 18)
Chapter 18.380: Zoning and Text Amendments
18.380.020.A Legislative text amendments shall be undertaken by means of a Type
Legislative IV procedure, as governed by Section 18.390.060G
Amendments
FINDING: The proposed legislative amendment is being reviewed under the Type IV
legislative procedure as set forth in the chapter. This procedure requires
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public hearings before both the Planning Commission and City Council.
Chapter 18.390: Decision-Making Procedures
18.390.020.B.4 Type IV procedures apply to legislative matters. Legislative matters
Type IV involve the creation, revision, or large-scale implementation of
Procedures public policy. Type IV matters are considered initially by the
Planning Commission with final decisions made by the City Council.
FINDING: The proposed text amendment to the Tigard Development Code involves
the revision of public policy with respect to implementation of the
Washington Square Regional Plan District. Therefore it will be reviewed
under the Type IV procedure as detailed in Section 18.390.060.G. In
accordance with this section, the amendment is initially being considered
by the Planning Commission with City Council making the final decision.
18.390.060.G. The recommendation by the Commission and the decision by the
Decision-making Council shall be based on consideration of the following factors:
considerations. 1. The Statewide Planning Goals and Guidelines adopted under
Oregon Revised Statutes Chapter 197;
2. Any federal or state statutes or regulations found applicable;
3. Any applicable Metro regulations;
4. Any applicable comprehensive plan policies; and
5. Any applicable provisions of the City's implementing
ordinances.
FINDING: Findings and conclusions for the applicable Tigard Comprehensive Plan
policies and Development Code provisions for the proposed text
amendment are provided in the analysis of each applicable criterion below.
No federal or state statutes or Metro policies were found applicable.
Chapter 18.520 Commercial Zoning Districts
18.520.020.H
MUC: mixed use commercial district. The MUC zoning district includes land around the
Washington Square Mall and land immediately west of Highway 217. Primary uses permitted
include office buildings, retail, and service uses. Also permitted are mixed-use developments
and housing at densities of 50 units per acre. Larger buildings are encouraged in this area
with parking under,behind or to the sides of buildings.
FINDING: The general description of the MUC zoning district would continue to apply.The
proposed MUC sub district would be described within the Washington Square
Regional Center Plan District, as shown in Attachment 1.
18.520.030
A.2 A restricted (R) use is permitted outright providing it is in compliance with special
requirements, exceptions or restrictions.
B. Use table. A list of permitted, restricted, conditional and prohibited uses in commercial
zones is presented in Table 18.520.1:
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USE CATEGORY MUC[28]
Motor Vehicle Sales/Rental R[24]
[24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the
permitted use,and does not exceed the floor area of the permitted use.
[28]All Permitted and Conditional Uses subject to special development standards contained in Chapter 18.630.
FINDING: The motor vehicle sales/rental use would continue to be a restricted use as modified
by the sub district criteria,as shown in Attachment 1.
18.520.040 Development Standards
A. Compliance required.All development must comply with:
1. All of the applicable development standards contained in the underlying zoning district,
except where the applicant has obtained variances or adjustments in accordance with
Chapter 18.370;
2.All other applicable standards and requirements contained in this title.
B. Development standards. Development standards in commercial zoning districts are
contained in Table 18.520.2
FINDING: The minimum setbacks, building heights, site coverage, landscape, minimum
FAR, and residential density contained in Table 18.520.2 would continue to
apply.
CONCLUSION: As shown in the findings above, the applicable provisions of the MUC zoning
district would continue to apply, as modified by the sub district criteria, as
shown in Attachment 1.
Chapter 18.630 Washington Square Regional Center Plan District
18.630.010.A. Purpose.
1. This chapter will implement the vision, concepts and principles contained in the
Washington Square Regional Center Plan, and the recommendations contained in the Phase
II Implementation Plan Summary Report, prepared by a task force appointed by the City of
Tigard.
The proposed text amendment is not in conflict with the vision, concepts and principles contained in
the Washington Square Regional Center Plan, as described above. The recommendations contained in
the Phase 11 Implementation Plan Summary Report addressed transportation, natural resources,
stormwater, and parks and open space issues that are not directly related to the proposed motor
vehicle sales/rental use amendment, and which are otherwise implemented through the development
code for all development.
2. Metro's Regional Urban Growth Management Functional Plan target growth capacity for
the Washington Square regional center will be met by permitting mixed use development
within the regional center at densities appropriate for an urban center.
Although the applicant has addressed Title 6: Centers, Corridors, Station Communities, and Main
Streets in their narrative, Title 6 is not a required section for review applicable to the proposed text
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amendment. According to Metro staff, Title 6 addresses incentives for regional investment eligibility,
such as transit improvements. Metro has no objection to the proposed text amendment.
3. A mixed use regional center will contain a variety of districts that vary in scale,
predominant use, and character. Distinct districts, connected to each other and to the rest of
the region by a multi-modal transportation system, will provide a range of working, living
and shopping opportunities.
The proposed text amendment is not in conflict with a mixed use regional center containing a variety
of districts that vary in scale, predominant use, and character. As discussed above the subject site is
located in the Plan's District A: The Commercial Core, and can be developed consistent with
applicable development code provisions and Comprehensive Plan policies. As proposed by staff, the
sub-district concept allows for better implementation of a "regional center [that] will contain a variety
of districts that vary in scale,predominant use,and character",as envisioned in the plan.
4. Improved multi-modal transportation links, higher densities, variety of land uses, and
enhanced environmental qualities will all contribute to create a desirable, livable community
in the face of dramatic population and employment growth.
The proposed text amendment is not in conflict improved multi-modal transportation links, higher
densities,variety of land uses, and enhanced environmental qualities. As discussed above the subject
site is located in the Plan's District A: The Commercial Core, and can be developed consistent with
applicable development code provisions and Comprehensive Plan policies. The proposed sub-district
organization of the Plan District recognizes the uniqueness of the mall property and anticipated
differences in future development of the mall site compared to the rest of the Plan District,which is
supportive of a variety of land uses within the district.
5. New mixed-use zoning districts, along with existing residential zoning districts in
established areas, are appropriate for the regional center.
The proposed sub-district amendment allows for more flexibility and specificity of uses within the
mall area of the MUC zoning district. However, as discussed above the proposed change does not
inhibit development consistent with applicable Development Code provisions and Comprehensive
Plan policies.
The applicant states the proposed text amendment is consistent with the policy framework in the
WSRC Plan as follows.
"Overall Vision: The Summary Report's Overall vision for the Washington Square Regional Center is
a vital regional center serving the needs of Washington County residents for employment, housing,
shopping and professional services. (WSRC Plan p. 16) The proposed text amendment will allow
additional options for commercial use,while ensuring a pedestrian oriented environment along street
frontages in the regional center and is consistent with this vision.
Commercial Core: The recommendations for District A (Commercial Core) focus on the
development of Washington Square Mall as a high density mixed use area. Allowance of additional
commercial uses in this area provides the potential for greater commercial density through infill with
additional commercial uses.
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Mixed Use Development: Chapter 5 of the Summary Report focuses on land use innovations,
specifically mixed use development that is encouraged in the MUC zone and WSRC Plan District. It
finds that development of housing, entertainment and retail adds vitality and interest to a community.
The MUC zone is intended to "create a dense mixed-use commercial core of the Washington Square
Regional Center," and "provide opportunities for major retail goods and services." (P. 37). The text
amendment will allow additional commercial development options in the MUC zone and is consistent
with this goal.
Intensification of Land: The text amendment will allow an additional use in the MUC zone. This is
consistent with the goal of increased intensification of the land in order to meet the target growth
capacity for the Washington Square Regional Center."
FINDING: As shown in the analysis above, the proposed development code amendment
is consistent with the purposes of the Washington Square Regional Center
Plan District.
CONCLUSION: Based on the findings above,the proposed code amendment is consistent with
the applicable provisions of the Tigard Development Code, and the purpose
statement of the Plan District.
APPLICABLE COMPREHENSIVE PLAN POLICIES
Chapter 1: Citizen Involvement
Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to
participate in all phases of the planning process.
Policy 2 The City shall define and publicize an appropriate role for citizens in
each phase of the land use planning process.
Policy 5 The opportunities for citizen involvement provided by the City shall
be appropriate to the scale of the planning effort and shall involve a
broad cross-section of the community.
FINDING: Public Hearing notification requirements pursuant to Chapter 18.390.060 of
the Tigard Community Development Code were followed. A notice was
published in The Tigard Times in accordance with Tigard Development
Code Chapter 18.390 on May 11,2017. Public hearing notice of the Planning
Commission and City Council public hearings was sent to the interested
parties list and property owners within 500 feet of the subject property on
May 11,2017.
All notices invited public input and included the phone number and email of
a contact person to answer questions. The notice also included a link to the
City's webpage where the draft of the text changes could be viewed.
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CONCLUSION: Based on the above findings,Tigard Comprehensive Plan Goal 1.1 Policies
2 and 5 are met.
Chapter 2: Land Use Planning
Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action
plans as the legislative basis of Tigard's land use planning program.
Policy 1 The City's land use program shall establish a clear policy direction,
comply with state and regional requirements, and serve its citizens'
own interests.
Policy 2 The City's land use regulations, related plans, and implementing
actions shall be consistent with and implement its Comprehensive
Plan.
Policy 5 The City shall promote intense urban level development in Metro-
designated Centers and Corridors, and employment and industrial
areas.
FINDING: Applicant's Response: The proposed text amendment will modif 7 the MUC
zone to allow Motor Vehicle Sales/Rental as a primary use within certain
areas and subject to certain screening requirements. This proposed change to
the City of Tigard Development Code would occur subject to a Type IV
legislative approvals process. Type IV text amendments must address
provisions within the Statewide Land Use Planning Framework and Goals
adopted under ORS Chapter 197, any applicable Metro Urban Growth
Management Functional Plan regulations, City of Tigard Comprehensive
Plan policies, and any applicable provisions of the City's implementing
ordinances. A response to each pertinent provision is provided within this
narrative to serve as a factual base for both the Planning Commission's and
City Council's determination. As addressed in the Comprehensive Plan, "[i]n
the City's downtown center, commercial corridors, regional center, and
industrial areas, the Comprehensive Plan and implementing regulations will
guide the development of vibrant and compact urban housing and
employment/shopping areas." The proposed text amendment will expand
the commercial uses allowed within the Washington Square Regional Center
which is consistent with this goal.
CONCLUSION: Based on the above findings,Tigard Comprehensive Plan Goal 2.1 Policies
1,2, and 5 are met.
Chapter 9: Economic Development
Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy.
Policy 2 The City shall actively encourage businesses that provide family-wage
jobs to start up, expand, or locate in Tigard.
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FINDING: The proposed Plan District amendment would allow existing businesses in
Portland to relocate in Tigard.
Policy 3 The City's land use and other regulatory practices shall be flexible and
adaptive to promote economic development opportunities, provided
that required infrastructure is made available.
FINDING: The proposed Plan District amendment would provide flexibility in the
implementation of the city's land use code to adapt to market interest in
property that has underperformed for many years. The proposed
amendment would expand economic redevelopment and infill opportunities
without adversely impacting existing transportation infrastructure.
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.
FINDING: The proposed Plan District amendment would allow economic
redevelopment and infill opportunities without sacrificing other community
qualities. A stand-alone motor vehicle sales/rental use on the subject site
would be required to meet all of the applicable development standards to
ensure livability and environmental quality that are necessary for a
sustainable economic future.
Goal 9.3 Make Tigard a prosperous and desirable place to live and do business.
Policy 2 The City shall adopt land use regulations and standards to ensure a
well-designed and attractive urban environment that
supports/protects public and private sector investments.
FINDING: "The proposed Plan District amendment would remove a restriction that
unnecessarily restricts private sector investment within the city. Adoption of
the proposed code amendment allowing a stand-alone motor vehicle
sales/rental use would still be subject to all applicable development standards
to ensure a well-designed and attractive urban environment that
supports/protects public and private sector investments.
CONCLUSION: Based on the above findings,Tigard Comprehensive Plan Goal 9.1,Policies
2, 3, and 12 and Goal 9.3,Policy 2,are met.
Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the
livability of the community.
Policy 10 The City shall require all development to meet adopted transportation
standards or provide appropriate mitigations.
FINDING: Applicant's Response: Goal 12 is implemented through compliance with
OAR 660-012, which requires that an amendment to an acknowledged
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DCA2017-00001 NlUC Motor V'elvde Sales Code Amendment P G I'13 Of 15
comprehensive plan or land use regulation be consistent with the City's
adopted Transportation System Plan. Kittelson & Associates analyzed the
transportation impacts of the proposed modification in the attached
Memorandum Regarding Transportation Planning Rule Compliance (the
"Traffic Analysis"). The Traffic Analysis compares the trips associated with
the currently-allowed primary uses in the MUC zone and WSRC Plan
District and the Motor Vehicle Sales/Rental use that will be allowed in
certain areas of the MUC zone and Plan District under the proposed
modification. The TGA finds that the trips generated by a Motor Vehicle
Sales/Rental use are lower than or equal to the trips generated by a shopping
center primary use, which is already allowed in the MUC zone and WSRC
Plan District.
Pursuant to OAR 660-012-0020, the City's acknowledged TSP is required to
account for the land uses allowed by its existing land use regulations and
comprehensive plan, which includes the allowance of retail use, such as a
shopping center, in the MUC zone and WSRC Plan District. Because the
trips generated by this allowed use will produce an equal or greater number
of trips as Motor Vehicle Sales/Rental use of the same size and in the same
location, the TSP already effectively accounts for any additional trips that
may be generated by a Motor Vehicle Sales/Rental use in this area of the
MUC zone. Additionally, a comprehensive plan and TSP amendment is not
required under OAR 660-012-0060(7) because the proposed amendment will
not result in the new designation of two or more acres of land for
commercial use, as the current zoning already allows commercial uses. The
City has adopted a TSP, and the proposed amendment will not significantly
affect a transportation facility.
For these reasons, the proposed modification is consistent with the TSP and
will not negatively impact the transportation system.
CONCLUSION: Based on the above findings,Tigard Comprehensive Plan Goal 12.1,Policy
10 is met.
THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON
REVISED STATUTES CHAPTER 197
The City's Comprehensive Plan incorporated the Statewide Planning Goals and was acknowledged by
the state as being in compliance with state law;therefore,the Statewide Goals are addressed under the
Comprehensive Plan Policies Sections.The following Statewide Planning Goals are applicable:
Goal 1: Citizen Involvement; Goal 2: Land Use Planning; Goal 6: Goal 9: Economic Development;
and Goal 12.
METRO GROWTH MANAGEMENT FUNCTIONAL PLAN
The applicant has addressed Title 6: Centers,Corridors, Station Communities, and Main Streets in their
narrative. However, Title 6 is not required section for review applicable to the proposed text
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DCA2017-00001 MUC]Motor Vehicle Sales Code Amendment PAG F.14 OF 15
amendment. According to Metro staff, Title 6 addresses incentives for regional investment eligibility,
such as transit improvements. Metro has no objection to the proposed text amendment.
SECTION VI. ADDITIONAL CITY STAFF COMMENTS
None
SECTION VII. OUTSIDE AGENCY COMMENTS
Metro Land Use and Planning and the Oregon Department of Land Conservation and Development
had an opportunity to review and comment on this proposal and did not respond. Marah Danielson
with the Oregon Department of Transportation commented that ODOT did not have any objections
to the proposal.
SECTION VIII. PUBLIC COMMENTS
No public comments were received through the duly noticed public hearing, which included mailed
notice to property owners within 500 feet of the subject site. In addition, no public testimony was
made at the Planning Commission hearing on June 5,2017.
SECTION IX. PLANNING COMMISSION CONCLUSION AND
RECOMMENDATION
At their June 5,2017 hearing,the Planning Commission moved to forward a recommendation to the
City Council to approve the staff alternative code amendment with the change of inserting the word
"outdoor" between"all" and "vehicle sales."The motion passed with seven in favor and one against.
The Planning Commission finds the proposed code amendment complies with the applicable
Statewide Planning Goals, the Tigard Comprehensive Plan, and applicable provisions of the City's
implementing ordinances. Therefore, the Planning Commission recommends that City Council
approve the proposed Plan District amendment, as amended in Attachment 1 of this report, or as
otherwise amended through the public hearing process.
r I
bMSTA
r
FITZGERALD,V lanningCom—mission President
Dated this /S day of June,2017.
Attachment 1: Draft Text Amendment,Community Development Code Sections 18.520.030,
18.630.015,and 18.630.A
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