06/05/2017 - PacketPLANNING COMMISSION AGENDA – June 5, 2017
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 2
City of Tigard
Planning Commission Agenda
MEETING DATE: June 5, 2017 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING – MUC MOTOR VEHICLE SALES CODE AMENDMENT 7:10 p.m.
DEVELOPMENT CODE AMENDMENT (DCA) 2017-00001
REQUEST: The applicant, owner and operator of Washington Square Mall, requests amending the Mixed
Use Commercial (MUC) District use 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 MUC zone, Table 18.520.1 Use Table: Commercial Zones,
Foot Note [24], to permit Motor Vehicle Sales/Rental as a use restricted to a location north of Hwy 217 and
subject to certain screening requirements. LOCATION: Within a portion of the MUC zone north of Hwy
217. ZONE: MUC: mixed use commercial district. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.380, 18.390, 18.520 and 18.630; Comprehensive Plan Goals 1, 2, 12, 13, and
14; Statewide Planning Goals 1, 2, 12, 13, and 14; and Metro Urban Growth Management Functional Plan
Title 6.
6. OTHER BUSINESS 8:10 p.m.
7. ADJOURNMENT 8:15 p.m.
June 5, 2017 Page 1 of 6
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
June 5, 2017
CALL TO ORDER
President Fitzgerald called the meeting to order at 7:00 p.m. The meeting took place in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
ROLL CALL
Present: President Fitzgerald
Vice President Feeney
Commissioner Fahr
Commissioner Hu
Commissioner Jackson
Commissioner Lieuallen
Commissioner Middaugh
Commissioner Schmidt
Absent: Commissioner McDowell; Alt. Commissioner Mooney
Staff Present: Tom McGuire, Assistant Community Development Director;
Doreen Laughlin, Executive Assistant; Gary Pagenstecher, Associate
Planner
COMMUNICATIONS – None
CONSIDER MINUTES
April 3, 2017 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions,
or corrections to the April 3 minutes; there were none, and the minutes were approved as
submitted.
April 17, 2017 Meeting Minutes: President Fitzgerald asked if there were any additions,
deletions, or corrections to the April 17 minutes; there were none, and the minutes were
approved as submitted.
OPEN PUBLIC HEARING
President Fitzgerald opened the public hearing.
MUC MOTOR VEHICLE SALES CODE AMENDMENT DCA2017-00001
REQUEST: The applicant, owner and operator of Washington Square Mall, requests amending
the Mixed Use Commercial (MUC) District use code section 18.520.030 in order to facilitate
development and redevelopment opportunities. The proposed text amendment woul d change
the allowed uses in the Washington Square Regional Center Plan District MUC zone, Table
June 5, 2017 Page 2 of 6
18.520.1 Use Table: Commercial Zones, Foot Note [24], to permit Motor Vehicle Sales/Rental
as a use restricted to a location north of Hwy 217 and subject to certain screening requirements.
LOCATION: Within a portion of the MUC zone north of Hwy 217. ZONE: MUC: mixed
use commercial district. APPLICABLE REVIEW CRITERIA: Community Development
Code Chapters 18.380, 18.390, 18.520 and 18.630; Comprehensive Plan Goa ls 1, 2, 12, 13, and
14; Statewide Planning Goals 1, 2, 12, 13, and 14; and Metro Urban Growth Management
Functional Plan Title 6.
STAFF REPORT
Associate Planner Gary Pagenstecher introduced himself. He noted the city worked
collaboratively with the applicant – in this case, Macerich & Rasmussen dealerships. He said that
tonight Steve Pfeiffer and Gene Mildren would be presenting on behalf of the applicant for this
development code amendment. He noted that currently the code does not allow automobile
dealerships outside of buildings in mixed-use commercial centers and that staff is interested in
preserving the mixed-use and allowing this use, but still limiting its effect on the community.
The staff’s code amendment proposal seeks to acknowledge the mixed-use and the high-density
district, but at the same time allow this use in a modified manner. He noted that some design
concepts had been developed to see what this could look like. There would be a PowerPoint
shown that is the subject of the decision but the slides being seen representing development are
not the subject of the commission’s review tonight – rather this is a development code
amendment that would enable the shown representation, or some modified version of it to
occur. Gary went on to summarize the staff report, “Attachment 1 to the staff report includes
both the applicant’s proposed code amendment and staff’s alternative code amendment. The
distinction is, on the one hand, the applicant’s proposed code amendment is less specific in
terms of the extent of area that would be affected by this and also is more accommodating in
terms of the screening requirement - or rather less restrictive than staff’s proposal. We don’t
have a qualifier that says ‘predominately screens’ – we say ‘screened from view.’”
QUESTIONS
There was a question about what “screened from view” actually means. Gary explained that
inventory would be screened and that typically there are different ways to screen things from
view. “You have to take into account all the different sight lines that pertain to that view. The
most specific impacts would happen along Greenberg Road – on the frontage of the site. So
that’s primarily where the screen would be.”
There was a request from President Fitzgerald to place the Washington Square District Plan on
the city website. She would like that to be available in the future. Gary said he would make sure
that happens.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission find in favor of the proposed text amendment
as amended, with any alterations as determined through the public hearing process, and make a
final recommendation to Tigard City Council.
June 5, 2017 Page 3 of 6
APPLICANT’S PRESENTATION
Jacob Knudsen with Macerich spoke on behalf of the applicant (the owner and operator of
Washington Square Mall). He said he would give a quick overview from the Macerich
perspective and then would invite the Land Rover Jaguar representative to come up with their
presentation. He noted the applicants are long-term landowners. “That’s important because
every decision made regarding this property is looked at not just how it affects the property
tomorrow, one or two years from now… but five, ten, twenty years from now – we’ll still be
here. We look at strategic decisions – everything we do here is important to us even though this
is on the ‘fringe’ parcel of the property. This is one property to us and it all needs to flow
together. The fringe parcel that we’re in discussions with has been a struggle in the past. There
have been many that have come and gone. It’s a difficult site to develop for a couple of reasons,
the grade on the site is difficult as you go from north to south – it drops by 10 feet in areas. By
code, we’re required to build 2-story buildings here, and for a lot of restaurants, groceries, etc.
they just can’t make it pencil in there. The opportunity at the table now – a luxury dealership –
would be a complementary use to everything we have going. These are the type of customers
that we would like to have more of to our mall property. The synergy of their presentation
matches what we would like to see at this mall. We would love to see this property get
developed - it’s important that this site looks great.”
QUESTIONS
So the staff’s alternative code amendment would give you more flexibility? Do you see it
that way? Do you support it?
Absolutely, yes! It would give us the flexibility to allow this use on this site. We fully support it;
and prefer the staff’s alternative.
Dan Muggli with Jaguar - Land Rover Portland and Gene Mildren, an architect with Mildren
Design Group came up to speak. Mr. Muggli said, “The code amendment specifies ‘automobile
sales’ and we can imagine that conjures up ‘who knows what’ ideas for you. We’d like to show
you a bit about how we envision the use of the site and how we go about our business in
general. Our wish is to use the site to build what would be a state-of-the-art new Jaguar Land
Rover brand experience center. While technically you could say it’s an “automobile dealership” –
I think it’s something more than that. In this case, it will be the exclusive brand center for those
two brands in the entire state of Oregon and SW Washington; the nearest similar facility would
be Sacramento or Tacoma, Washington. Many people think of Jaguar Land Rover as two
separate companies, but it is actually one company – two separate brands. Jaguar Land Rover is
the parent company – they’ve manufactured vehicles in the United Kingdom, and for the last
two years have been the fastest growing company in the industry – not just of luxury brands, but
all brands last year. Jaguar was the fastest growing brand in the industry, the year before that
Land Rover was. They’re aggressively investing in the future. They’re on the verge of
introducing new advanced XE Powertrain technologies. In fact, before we complete this facility,
we will likely be seeing the first of those new products. One is a full-battery electric vehicle – a
state-of-the-art vehicle, 500 km range; the first of many new vehicles in our product pipeline.
We will be developing these in our center if we gain your approval to build the infrastructure in
there to support, recharge, and maintain these new fleet vehicles.”
June 5, 2017 Page 4 of 6
Gene Mildren then took the commission through a PowerPoint that further detailed the
dealership that could possibly be sited there should the code amendment go through (Exhibit
A).
TESTIMONY IN FAVOR – None
TESTIMONY IN OPPOSITION – None
QUESTIONS FOR STAFF
What is staff’s definition of a “screen”? Gary Pagenstecher answered, “That’s a terminology
that’s being brought up – my understanding is that this could be a fence or a wall – but it could
also be landscaping – trees and shrubs as defined in the city code. As we’ve heard from the
applicant, they’re envisioning maybe a wall, but are there other options to a screen. I think that
the performance criteria – being pedestrian friendly - should definitely be considered when a
screening type is defined. So we wouldn’t permit a massive wall here. The wall that they show –
to my mind doesn’t quite meet our intent of screening from view - because you can see the
roofs of all the inventory that’s on the surface out there. But, if you combine that wall with a
landscaping buffer so that you have trees and shrubs in front of the wall, they basically would
cover the wall as well and would grow taller. So it would be effectively screened with that
combination. We find that landscaping only as a screen is often insufficient because of it being
subject to maintenance schedules.”
In the staff proposed code, shouldn’t you use the words “all outdoor vehicle sales
inventory is screened” – rather than simply “all vehicle sales inventory is screened?
Because as is, it would mean even the car inside the building [the showcase area] would
have to be screened. I don’t believe the car inside the building would be subject to
screening, is that correct? “Yes, that’s correct.” So should we add the word “outdoor”?
“Yes, you could do that.” Okay – we’ll add outdoor.
PUBLIC HEARING CLOSED
DELIBERATION
Commissioner Lieuallen began the discussion, “I just want to make a couple of points. This is
(inaudible) concept for development review so most of what we were shown here by Jaguar
Land Rover isn’t applicable to our decision making. Correct?” Correct. “Secondarily, once we
change this code language, this could be a Kia dealership… or a Chevy dealership… once we
change the code, we change the rules for that lot. It’s not specific to this Jaguar Land Rover
agreement that they’ve got going with Washington Square. So – I just want to make sure that
everyone is aware of that – thinking about that.”
Regarding the concern over the screening. It comes down to the definition of “predominantly”
or “all.” Is it screened from vehicular traffic? From the pedestrian? That’s where we kind of
have to leave it for the designers and the planners to work through beyond this. The language
June 5, 2017 Page 5 of 6
that staff has put on the table specifically says it wants to change all the property owned by this
landowner to allow vehicle sales – that’s one. The second thing is provided all vehicle sales
inventory is screened rather than outdoor vehicle display predominantly screened.
Looking at the way staff’s opening up for a district, we’d also look at that same terminology if
we were applying it to Tigard Triangle to say “all car dealerships are only allowed in the southern
end” and leaving that flexibility of – if this does fall through… I’m thinking it’s either got to be
the whole district, or not – because it’s just a bit harder to say “only on that southeast corner”
type thing.
I would be supportive of adding the language “outdoor” because I believe that what we’re
looking at – an indoor display is not the intent of what the screened portion was. That is a
“sales” building. I’d be supportive of the “outdoor” language.
The general consensus was that adding the word “outdoor” screening would be appropriate.
There was some concern stated that this may not end up being a Jaguar Land Rover building but
could possibly be some kind of used car dealership that doesn’t hold itself to the same high
standards. Commissioner Feeney said if we want to see an application for concept new
development, they need to have the code written. So now we wouldn’t be able to see this
because the code’s not allowing it. That’s the “cart before the horse” but you’ve got to look at it,
at least my belief is that if anybody else comes in on this application, they still have to meet that
criteria of the code the way it’s set up. They’d have to come up to the higher standards because
it’s written in the development code. So what about fifty years from now? We can only look at
what we’re looking at today. Even Washington Square Mall has chan ged over the last 30 years. It
has actually gotten better than the strip mall that you saw back in the ‘80’s. So any
redevelopment that’s going to meet the code of that day – that’s most likely going to be better.
MOTION
Commissioner Hu made the following motion: “In the case of DCA2017-00001, I move
that the Planning Commission forward a recommendation to the City Council to
approve the staff alternative code amendment with the exception of adding the word
“outdoor” between “all vehicle sales inventory.”
Further clarifying the motion, President Fitzgerald said, “So the motion is to provide
recommendation of approval as the staff has written the language, with the change of
inserting the word ‘outdoor’ between ‘all’ and ‘vehicle sales.’ Is there a second?”
Commissioner Feeney seconded the motion, and there was a verbal vote.
Seven were in favor, one against. Commissioner Lieuallen cast the dissenting vote.
RESULT
RECOMMENDATION OF APPROVAL to Council of staff written code amendment
language (with one change) PASSES 7 to 1.
Jaguar Land Rover Centre
at Washington Square
•Don Rasmussen Company proposes to develop
an exclusive Jaguar Land Rover brand
experience centre at the intersection of
Highway 217 and Greenberg Road. This will be
one of the nation’s first and Oregon’s only
implementation of JLR’s new worldwide ARCH
architectural standard.
Two Premier Brands
•The fastest growing luxury brands in the industry
•The fastest growing luxury brands in the industry
•Aggressive multi-billion dollar investment for new model development
•The fastest growing luxury brands in the industry
•Aggressive multi-billion dollar investment for new model development
•Soon to launch advanced powertrain technology
One Premier Retailer
Don Rasmussen Company was founded in 1950. Throughout its 65-year
history of scrupulous business practices, active community involvement and
generous environmental and charitable contributions, the company has
earned its place as a respected Northwest institution.
Through a unique partnership with The Conservation Fund, the nation’s top
rated environmental non-profit organization, Jaguar Land Rover Portland
has contributed to carbon offset our customers driving more than 100 million
Northwest miles. No other automobile dealer or manufacturer in the world
has matched this.
We Offer to the
Tigard
Community:
•60+ well-paying jobs: The average Jaguar Land Rover Portland employee
has earned nearly $90,000 annually plus healthcare, retirement and other
benefits
•60+ well-paying jobs: The average Jaguar Land Rover Portland employee
has earned nearly $90,000 annually, plus healthcare, retirement and other
benefits
•High demographic consumers: The closure of the downtown Jaguar and
Land Rover dealerships, relocated to Washington Square will attract our
high-income clients from throughout the region to the neighborhood
Jaguar Land Rover
Connections to
High Tech Community
Jaguar Land Rover is now an important part of the region’s high tech
community. The British-based company chose Portland to locate it’s new
advanced technology research center. The new JLR Advanced Technology
Centre’s 130+ engineers are here developing future technology solutions to
make the Jaguar Land Rover customer experience safer, more efficient,
more sustainable and more enjoyable.
A World-Class
Luxury Retail Facility
18.630.050
Site Design Standards
A.2.Buildings shall occupy 50% of all street frontages along . . . streets.
B.2.Buildings and investment in architecture is most conspicuous when it
is visible from the street.
C.1.The front yard is the most conspicuous face of a building and requires
special attention. Places for people and pedestrian movement helps
create an active and safer street.
D.2.A walkway connection is required between a building’s entrance and a
public street or accessway.
18.630.060
Building Standards
A.1.Windows help keep “eyes on the street” which promotes safety
and security, and can help create a lively street frontage by
displaying activities and products within the building.
B.2.Façades that face a public street shall extend no more than 50 feet
without providing at least one of the following features: (a) a variation
in building materials; (b) a building off-set of at least one foot; (c) a
wall area that is entirely separated from other wall areas by a
projection, such as an arcade; or (d) by another design features
that reflect the building’s structural system.
D.1.High quality construction and building materials suggest a level
of permanence and stature appropriate to a regional center.
Jaguar Land Rover
Identity Standards
•Make the journey into and through the facility convenient
•Provide a design that is inviting and allows the customer to engage with the
displayed product
•Create a building that communicates a feeling of confidence and strength
with its horizontal design philosophy
•Create an environment that is thoroughly timeless, modern and
contemporary
•Develop a project that shares the same level of innovation as the new
designs in the look and feel of the retail facility
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 1 OF 15
Agenda Item: 5
Hearing Date: June 5, 2017 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION
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
Motor Vehicle Sales/Rental as a primary use in certain areas, subject to certain
screening requirements.
APPLICANT/
OWNER:
Macerich, Inc.
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.
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 2 OF 15
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find in favor of the proposed text amendment as
amended (Attachment 1), with any alterations as determined through the public hearing process, and make
a final recommendation to Tigard City Council.
SECTION III. 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
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 3 OF 15
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.
Figure 1. Site Aerial
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 4 OF 15
Figure 2. Site Survey
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 5 OF 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.
These restrictions ensure the use is associated with
mixed use development, limited relatively as to size
and has no exterior impacts. These restrictions flow
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
single greatest opportunity for new development in
the district.” The Plan anticipated development in
the mixed use commercial district such as “office
towers housing many new jobs and high density
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.
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.
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 6 OF 15
Figure 3. Current Zoning
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.
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 7 OF 15
Figure 4. Proposed Mall Sub-district
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
Amendments
Legislative text amendments shall be undertaken by means of a Type
IV procedure, as governed by Section 18.390.060G
FINDING: The proposed legislative amendment is being reviewed under the Type IV
legislative procedure as set forth in the chapter. This procedure requires
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 8 OF 15
public hearings before both the Planning Commission and City Council.
Chapter 18.390: Decision-Making Procedures
18.390.020.B.4
Type IV
Procedures
Type IV procedures apply to legislative matters. Legislative matters
involve the creation, revision, or large-scale implementation of
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.
Decision-making
considerations.
The recommendation by the Commission and the decision by the
Council shall be based on consideration of the following factors:
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:
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 9 OF 15
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 II 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
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 10 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.
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.
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 11 OF 15
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.
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 12 OF 15
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 modify 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.
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 13 OF 15
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
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 14 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
STAFF REPORT TO THE PLANNING COMMISSION
DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 15 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.
SECTION IX. CONCLUSION
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,
Staff recommends that the Planning Commission recommend to the City Council approval of the
proposed Plan District amendment included in Attachment 1 of this report, or as otherwise amended
through the public hearing process.
May 30, 2017
PREPARED BY: Gary Pagenstecher DATE
Associate Planner
May 30, 2017
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director
Attachment 1: Draft Text Amendment, Community Development Code Sections 18.520.030,
18.630.015, and 18.630.A
Attachment 1
DCA2017-00001
MOTOR VEHICLE SALES IN THE MUC ZONE
DEVELOPMENT CODE AMENDMENT
Explanation of Formatting
These text amendments employ the following formatting:
Strikethrough - Text to be deleted
[Bold, Underline and Italic] – Text to be added
Applicant Proposed Code Amendment
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.
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.
Staff Alternative Code Amendment
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
Attachment 1
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 vehicle sales inventory is screened from view from adjacent
public roadways and complies with all other applicable development standards.
Map 18.630.A: Washington Square Regional Center Plan District Boundaries and Subdistricts
Attachment 1
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 vehicle sales inventory is screened from view from adjacent
public roadways and complies with all other applicable development standards.
Map 18.630.A: Washington Square Regional Center Plan District Boundaries and Subdistricts
Attachment 1
DCA2017-00001
MOTOR VEHICLE SALES IN THE MUC ZONE
DEVELOPMENT CODE AMENDMENT
Explanation of Formatting
These text amendments employ the following formatting:
Strikethrough - Text to be deleted
[Bold, Underline and Italic] – Text to be added
Applicant Proposed Code Amendment
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.
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.
Staff Alternative Code Amendment
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