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City Council Packet - 05/19/2020 TIGARD CITY COUNCIL & TCDA Council and Presenters will participate remotely. MEETING DATE AND TIME:May 19, 2020 - 6:30 p.m. MEETING LOCATION:City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Governor Brown's Executive Order 20-16, this will be a virtual meeting where Council and staff will participate remotely. There will be no verbal public testimony during this meeting. Written public comment may be submitted electronically at www.tigard-or.gov/Comments . All comments must be submitted before 4:30 p.m. the day of the meeting. VIEW LIVE VIDEO STREAMING ONLINE: http://www.tigard-or.gov/city_hall/council_meeting.php CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: This meeting will be cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 28 Every Sunday at 12 a.m. Every Monday at 1 p.m. Every Wednesday at 2 p.m. Every Thursday at 12 p.m. Every Friday at 10:30 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL & TCDA Council and Presenters will participate remotely. MEETING DATE AND TIME:May 19, 2020 - 6:30 p.m. MEETING LOCATION:City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM 1.BUSINESS MEETING A.Call to Order- City Council & Town Center Development Agency B.Roll Call C.Pledge of Allegiance D.Call to Council and Staff for Non-Agenda Items 2. QUASI-JUDICIAL PUBLIC HEARING - APPEAL OF ART RUTKIN ELEMENTARY CONDITIONAL USE PERMIT 6:35 p.m. estimated time 3. TCDA BOARD CONSIDERATION OF AMENDMENT #1 TO THE TIGARD TRIANGLE URBAN RENEWAL PLAN 6:45 p.m.estimated time 4.NON AGENDA ITEMS 5.ADMINISTRATIVE REPORT 6.EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7.ADJOURNMENT 6:50 p.m. estimated time AIS-4270 2. Workshop Meeting Meeting Date:05/19/2020 Length (in minutes):10 Minutes Agenda Title:Quasi-Judicial Public Hearing - Appeal of Art Rutkin Elementary School Conditional Use Permit Prepared For: Shelby Rihala, City Management Submitted By:Caroline Patton, Central Services Item Type: Motion Requested Resolution Meeting Type: Council Business Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE Shall Council deny the appeal, thereby affirming the Hearings Officer's decision in the Art Rutkin Elementary School Conditional Use Permit? The Hearings Officer's decision was appealed by Kevin and Gillian Dressel, the owners of property immediately north of the school property. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council deny the appeal and uphold the Hearings Officer's decision to approve the Conditional Use application, along with the conditions identified in the Hearings Officer's Final Order. KEY FACTS AND INFORMATION SUMMARY This is the final Council meeting to discuss the Art Rutkin Elementary School Conditional Use Permit Appeal. Last week, Council deliberated on the appeal and reached a tentative decision. Council also directed staff to prepare findings for consideration at tonight's meeting. Tonight's meeting is for a final decision and adoption of supplemental findings. OTHER ALTERNATIVES Council could affirm the appeal, thereby rejecting the Hearings Officer's decision and denying the application. This action would require the adoption of new findings and conclusions in support of this decision. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A N/A DATES OF PREVIOUS COUNCIL CONSIDERATION April 21 – Written testimony/ Staff Presentation April 28 – Any new evidence/testimony May 5 – Rebuttal May 11 – The District’s final written argument May 12 – Council deliberations and tentative decision May 19 – Final decision by Council and adoption of findings. Attachments Resolution Exhibit A Hearings Officer's Final Order Exhibit B Supplemental Findings RESOLUTION NO. 20- Page 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION AND FINAL ORDER APPROVING THE ART RUTKIN ELEMENTARY SCHOOL, ADOPTING FINDINGS IN SUPPORT OF COUNCIL’S DETERMINATION, AND DENYING THE APPEAL OF THE HEARINGS OFFICER’S FINAL ORDER NO. CUP2019-00001/SLR2019- 00003/ADJ2019-00008-00009. WHEREAS, the Hearings Officer initially reviewed this case at a public hearing January 6, 2020 and kept the record open for additional testimony by all parties; and WHEREAS, the Hearings Officer issued a Final Order No. CUP2019-00001/ SLR2019-00003/ADJ2019- 00008-00009 approving the application; and WHEREAS, staff mailed notice of Final Order CUP2019-00001/ SLR2019-00003/ADJ2019-00008-00009 to interested partieson February 6, 2020; and WHEREAS, the Appellants, Kevin and Gillian Dressel, having standing to appeal and timely filed a Notice of Appeal on February 20, 2020; and WHEREAS, City Council held a public hearing on the appeal on March 24, 2020 by written comments only; took additional written testimony until April 28, 2020; allowed until May 5, 2020 for rebuttal; and received final written argument from the applicant, due May 12, 2020; and WHEREAS, after deliberations, City Council reached a tentative decision denying the appeal on May 12, 2020 and directed staff to prepare findings. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council denies the appeal by Kevin and Gillian Dressel of CUP2019-00001/ SLR2019-00003/ADJ2019-00008-00009. SECTION 2: The City Council adopts the Hearings Officer’s Final Order, including all interpretations, findings, and conditions contained therein, attached as Exhibit A. The City Council also adopts the Supplemental Findings to address issues raised on appeal, attached as Exhibit B. SECTION 3: This resolution is effective immediately upon passage. PASSED:This day of 2020. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard Exhibit B Supplemental Findings Record Issues In the May 5, 2020, Ball Janik memorandum, the Dressels request that the City: “[r]equire that all utility facilities be designed consistent with the adopted River Terrace Public Facilities Master Plans, including the Sanitary Sewer Master Plan. No plans inconsistent with such plans should be permitted by the City Engineer.” The request as it pertains to River Terrace Public Facilities Master Plans generally is a new issue that is not appropriate for rebuttal. The District’s submittal during the first open record period, i.e., the April 24, 2020, KPFF memorandum, did not address any public infrastructure other than sanitary sewer. Therefore, Council construes the issue raised in the May 5, 2020, Ball Janik memorandum to be solely about the proposed sanitary sewer and its consistency with the Sanitary Sewer Master Plan. Dressel Appeal Issue 1 – Application’s Compliance with TDC 18.640.030.E.1 and TDC 18.640.040.B.2. The Dressels state that the proposed elementary school development is inconsistent with TDC 18.640.030.E.1 and TDC 18.640.040.B.2. Council disagrees that the District’s proposed development is inconsistent with those two Code provisions for the reasons stated in the Hearings Officer’s Final Order and for the reasons below. Council finds that the Code requires the public infrastructure and easements for the elementary school that City staff and the hearings officer approved. TDC 18.640.030.E.2 requires the District to extend infrastructure to the edges of Lot 1, as follows: "Infrastructure improvements for water, sewer, and stormwater must be placed in easements that are located, wherever possible, within existing or future rights-of- way. Easements and rights-of way must extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way are evaluated for conformance with this standard during the land use review process. Dedications of easements and rights- of-way will be required as a condition of land use approval." (Emphasis added.) This extension of infrastructure is what the District has proposed, and what has been approved. The Dressels argue that the proposed extension does not go far enough, thereby violating TDC 18.640.030.E.1 and TDC 18.640.040.B.2. Council finds that the extent of the District's utility extension does not violate either provision. In pertinent part, TDC 18.640.030.E.1 states: 4814-3210-8987.1 "Infrastructure improvements for water, sewer, stormwater, and transportation systems, including but not limited to pump stations and trunk lines, must be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in compliance with the applicable River Terrace infrastructure master plan." As the hearings officer held, the proposed infrastructure improvements will not unduly or unnecessarily restrict the ability of any other properties, including the Dressels, from developing in accordance with the applicable infrastructure master plan. (Hearings Officer's Decision at pages 9-10.) The hearings officer pointed to KPFF's January 15, 2020, memorandum and noted that the east portion of the Dressel property can be served by extending a sanitary sewer line across its own property, from east to west, and can also be served by the extension of sanitary sewer across the District's Lot 2 when that lot develops. Council agrees, and finds that these findings are further supported by KPFF's April 28, 2020, and May 1, 2020, memorandums. The fact that the east portion of the Dressel property can be served by the future extension of the proposed sanitary line across Lot 2, is also supported by the May 5, 2020, memorandum from Joe Wisniewski, Assistant City Engineer. TDC 18.640.040.B.2 provides in pertinent part: "The development may not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the conditional use, planned development, residential, or commercial development." The hearings officer disagreed with the Dressels that the District's proposed provision of public infrastructure violates this approval criterion, because it is feasible to extend sewer to the Dressels' property, as set forth in the January 15, 2020, KPFF memorandum, and there is no substantial evidence to the contrary. Hearings Officer's Decision, page 13. While the hearings officer acknowledged that it would be cheaper and easier for the Dressels if they could connect to sanitary sewer in Lot 2 sooner rather than later, the hearings officer also acknowledged that the District is not required to develop Lot 2 just to accommodate the Dressels. Id. Council agrees with these findings. Council further finds that there is substantial evidence in the record that the east half of the Dressel property can be served by the future extension of sanitary sewer across the District’s Lot 2 when that lot develops. Therefore, the development of the elementary school, as proposed, does not violate TDC 18.640.040.B.2. The April and May 2020, KPFF memorandums, as well as the May 5, 2020, Assistant City Engineer memorandum, provide additional evidentiary support for these findings. Council also finds that the City may not require the District to build additional infrastructure that is not needed to support the elementary school in order to accommodate the Dressels' property because it would be unconstitutional to do so. The City cannot require an applicant to build infrastructure that is not related nor roughly proportional to its development. Nollan v. California Coastal Commission, 483 US 825, 107 S Ct 3141, 97 L Ed 2d 677 (1987); Dolan v. City of Tigard, 512 US 374, 114 S Ct 2309, 129 L Ed 2d 304 (1994). 4814-3210-8987.1 Dressel Appeal Issue 2 – Dressel Property’s Options for Sanitary Sewer. Council finds that the record demonstrates that the Dressels have at least two options for sanitary sewer to serve the east portion of their property. The first is to construct a sewer line from the southeast corner of their property to the southwest corner of their property. This option does not rely on the District to provide additional easements or infrastructure. The Dressels contend that the line is not feasible, but Council finds the District's engineer’s January 15, 2020, April 24, 2020, and May 1, 2020, memorandums to be persuasive evidence that it is feasible. The Dressels did not submit expert testimony from an engineer to rebut the District’s engineer, and, even if they had, Council finds the District’s engineer’s testimony persuasive. Council finds that a second option the Dressels have for sanitary sewer is to wait until the District develops Lot 2, which will extend the sanitary sewer line across Lot 2 and then up to the Dressels' property through the extension of S.W. 161st Avenue. There is expert testimony in the record from the District's engineer and the Assistant City Engineer that this option is feasible and will serve the Dressels' property in the future. Council relies on that expert testimony. Even the Dressels' planner does not dispute that this second option is feasible. The issue is timing, not feasibility, and Council finds that nothing in the Code requires a property owner to develop its property within a certain time period to satisfy the development desires of neighboring property owners. Dressel Appeal Issue 3 – Feasibility of Dressel Preferred Option for Sanitary Sewer Provision. Council finds that the Dressels’ preferred sanitary sewer option, i.e., requiring a sanitary line that runs along the southern boundary of the District’s Lots 1 and 2, is not feasible, as set forth in the April 24, 2020 and May 1, 2020, KPFF memorandums, as well as the May 5, 2020, memorandum from the Assistant City Engineer. Dressel Appeal Issue 4 – Requested Additional Conditions of Approval. Council declines to add any of the proposed conditions of approval the Dressels propose in the Ball Janik April 21, 2020, April 28, 2020, or May 5, 2020, memorandums. The sanitary sewer proposed by the District meets all applicable approval criteria and there is no reason to require anything different. Council also finds that, as stated by the Assistant City Engineer in his May 5, 2020, memorandum, that the River Terrace Boulevard Sanitary Sewer Master Plan provides a conceptual design for sanitary sewer in River Terrace, and show the intent for serving the region with sanitary sewer. Council also agrees the Assistant City Engineer that the master plan does not dictate the exact means, methods or details of sanitary sewer design. Council also agrees with the Assistant City Engineer that there have been changes that have occurred since the adoption of that master plan that make adjustments to sanitary sewer provision necessary. Therefore, the City is not required to force the District to construct its sanitary sewer line along the south edge of its property. 4814-3210-8987.1 Dressel Appeal Issue 5 – Whether Sanitary Sewer Proposed by the District Stubs at the East Property Line of Lot 1. Council finds that, as set forth in the District’s May 7, 2020, final argument, the sanitary sewer line and corresponding public utility easement proposed by the District stubs at the east property line of Lot 1, as required by the Code. AIS-4254 3. Workshop Meeting Meeting Date:05/19/2020 Length (in minutes):5 Minutes Agenda Title:TCDA Board Consideration of Amendment #1 to the Tigard Triangle Urban Renewal Plan Submitted By:Sean Farrelly, Community Development Item Type: Resolution Meeting Type: Town Center Development Agency Public Hearing Newspaper Legal Ad Required?: No Public Hearing Publication Date in Newspaper: Information ISSUE The Board of the Town Center Development Agency is requested to consider a resolution amending the Tigard Triangle Urban Renewal Plan to add a Multi-Use Path over Highway 217 to the list of urban renewal projects. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Board of the TCDA approve the resolution. KEY FACTS AND INFORMATION SUMMARY A multi-use path over Highway 217 would provide a safe and effective connection for pedestrians and cyclists between the Downtown and the Tigard Triangle, the two parts of the Tigard Town Center. The city and TriMet are exploring ways that this could be built in conjunction with the planned SW Corridor light rail viaduct over Highway 217. A multi-use path over Highway 217 is consistent with Goal 2 of the Tigard Triangle Urban Renewal Plan which is to “Provide a safe and effective multimodal transportation network that provides access to, from, and within the [Urban Renewal] Area and supports mixed-use and pedestrian-oriented development” and Objective 2 which is to “Create more access points into and out of the Area by building new overpasses and/or undercrossings and modifying existing intersections and/or interchanges so that the Area is more connected to downtown Tigard, Portland Community College, and other neighboring areas and businesses.” The portion of the envisioned multi-use path within the Tigard Triangle Urban Renewal Area would be an eligible project for urban renewal funding. $2.5 million will be requested in a future TCDA budget to help fund the project. The city and TriMet are exploring grant options to fund the balance of the project. Tigard Triangle Urban Renewal Plan Section IX: Amendments to the Plan, authorizes adding new projects to the Plan with a Minor Amendment approved by the TCDA Board by resolution . OTHER ALTERNATIVES The Board of the TCDA could choose not to adopt the resolution to amend the plan. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Tigard City Council Goals 2019-21 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.1: Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant, walkable, and connected district. Tigard Triangle Urban Renewal Plan Goal 2: Provide a safe and effective multimodal transportation network that provides access to, from, and within the Area and supports mixed-use and pedestrian-oriented development. DATES OF PREVIOUS CONSIDERATION This is the first Board meeting that the amendment will be discussed. Attachments Resolution Exhibit A TCDA Resolution No. 20-____ Page 1 CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 20-____ A RESOLUTION AMENDING THE TIGARD TRIANGLE URBAN RENEWAL PLAN BY ADDING A MULTI-USE PATH OVER HIGHWAY 217 TO THE LIST OF URBAN RENEWAL PROJECTS WHEREAS, the Tigard Triangle Urban Renewal Plan (“the Plan”) includes a list of Transportation projects authorized by the plan; and WHEREAS, a multi-use path over Highway 217 would provide a safe and effective connection for pedestrians and cyclists between the Downtown and the Tigard Triangle, the two parts of the Tigard Town Center; and WHEREAS, a multi-use path over Highway 217 is consistent with Goal 2 of the Plan which is to “Provide a safe and effective multimodal transportation network that provides access to, from, and within the [Urban Renewal] Area and supports mixed-use and pedestrian-oriented development” and Objective 2 which is to “Create more access points into and out of the Area by building new overpasses and/or undercrossings and modifying existing intersections and/or interchanges so that the Area is more connected to downtown Tigard, Portland Community College, and other neighboring areas and businesses”; and WHEREAS, the portion of the envisioned multi-use path within the Tigard Triangle Urban Renewal Area would be an eligible project for urban renewal funding; and WHEREAS, under Tigard Triangle Urban Renewal Plan Section IX: Amendments to the Plan, adding new projects to the Plan is a Minor Amendment that requires approval of the Agency Board by resolution. NOW, THEREFORE, BE IT RESOLVED, by the Tigard Town Center Development Agency that: SECTION 1:The Tigard Triangle Urban Renewal Plan is hereby amended with the language found in Exhibit A. SECTION 2:This resolution is effective immediately upon passage. PASSED:This ________ day of ______________________, 2020. Chair – City of Tigard Town Center Development Agency ATTEST: Recorder – City of Tigard Town Center Development Agency Proposed new text is shown in double-underline. The following transportation projects are intended to provide a safe and effective multimodal transportation network in the Area that supports mixed-use and pedestrian-oriented development through improved internal connectivity, external access, and mobility; a variety of travel options; comfortable, interesting, and attractive streetscapes; and, well-managed parking options. Table 1 – Transportation Projects Project Number Project Type Project Description 1 New Hwy 217 Overpass (Beveland) Extend Beveland Rd south over Hwy 217 to Hunziker Rd/Wall St area with car, ped, and bike facilities. 2 New Street (74th Ave) Extend 74th Ave south from 99W to Hermoso Way or Beveland Rd. 3 New Street (Atlanta) Extend Atlanta St west from 69th Ave to Dartmouth St or future 74th Ave. 4 New Hwy I-5 Overpass (Beveland) Provide ped/bike bridge across Hwy I-5 from Beveland Rd to Southwood Dr. 5 New Hwy I-5 Overpass (Red Rock Creek) Provide ped/bike bridge across Hwy I-5 between the Triangle and PCC Sylvania around location of Red Rock Creek. 6 Modified Intersection (Atlanta/68th) Install traffic signal and turn lanes where needed at Atlanta St/68th Ave intersection. 7 Modified Intersection (99W/68th) Add protected left turn and transit improvements on 68th Pkwy at 99W. 8 Modified Streets Develop comfortable, interesting, and attractive streetscapes throughout the Area, especially along designated pedestrian streets. 9 New Trail (Red Rock Creek) Build a new trail along Red Rock Creek parallel to and south of 99W. 10 New Streets Improve connectivity, circulation, and access throughout the Area with new or extended local streets. Project Number Project Type Project Description 11 Modified Street (72nd Ave) TBD. Improve 72nd Ave corridor, including intersections/interchanges. Dependent on 72nd Ave Corridor Study recommendations. 12 Modified Street (99W)Implement access management strategies and median projects in Hwy 99W Plan, including additional pedestrian crossing locations. 13 Modified Interchange (99W/Hwy 217) Add second left turn lane on Hwy 217 northbound ramp to 99W. 14 Modified Signals Upgrade signals throughout the Area with adaptive signal coordination technology. 15 Parking Management Plan Develop a plan and implement strategies for managing parking. 16 Transportation Study Periodically evaluate the functioning of the transportation system to refine project scope and inform project prioritization. 17 Highway 217 Multi-use Path Provide ped/bike bridge and Red Rock Creek Trail connection across Hwy 217 between SW 72 nd Ave and Hunziker Road. City of Tigard Hwy 217 Multi-use Path