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City Council Packet - 12/30/19960 TIGARD CITY COUNCIL BUSINESS MEETING DECEMBER 30, 1996 6.30 PM' TIGARD CITY HALL 13125 SW 14ALL BLVD TIGARD, OREGON 97223 PUBLIC NOTICE: CITY OF TIGARD Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. ~f Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone t numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - f, Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - DECEMBER 30, 1996 - PAGE 1 n ..rte U' AGENDA TIGARD CITY COUNCIL MEETING - DECEMBER 30, 1996 6:30 p.m. I • STUDY MEETING > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ar (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. h 7:30 p.m. j 1. BUSINESS MEETING 1.1 Call to Order - City Council et Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 2.1 Approve City Council Meeting Minutes: November 26 and December 3, 1996 2.2 Receive and File: a. December 23, 1996 Memorandum from Director of Finance to City Manager Regarding Capital Improvement Program Amendment and the Budget Authority to Fund the Storm Maintenance Program • Consent Agenda - Items Removed for Separate Discussion: Any items i requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA - DECEMBER 30, 1996 - PAGE 2 i 7:40 p.m. IDER FINAL ORDER TIGARD TRIANGLE COMPREHENSIVE 3. CONS - PLAN AMENDMENT (CPA) 96-0008/ZONE CHANGE (ZON) 96- 0008/ZONE ORDINANCE AMENDMENT (ZOA) 96-0005 PROPOSAL: A request for approval of legislative Comprehensive Plan Map, Rezone and Text Amendments within the area known as the Tigard Triangle. Specifically, the request includes redesignation from Low Density Residential, High Density Residential, and Commercial Professional to a new designation of Mixed Use Employment. Additionally, specific implementing amendments to the Comprehensive Plan and amendments to the Comprehensive Plan Transportation Map (Ordinance No. 91-13) are proposed. A request further includes a request for approval of a zone change from C- P (Commercial Professional), R-25 (Residential, 25 units per acre), and R3.5 (Residential, 3.5 units per acre) to new zoning designation of MUE (Mixed Use Employment). The request also includes amendments to the Community Development Code to add a new section entitled "Mixed Use Employment" to provide a new zoning district. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential, High Density Residential, and Commercial Professional ZONING 10 DESIGNATION: R3.5 (Residential, 3.5 units per acre), R-25 (Residential, 25 units per acre), and CP (Commercial Professional) LOCATION: Generally, east of Highway 217, west of Interstate 5, and south of State Highway 99 West APPLICABLE REVIEW CRITERIA: Statewide Goals 1, 2, 9, 10, 12 and 13; Oregon Administrative Rule Continued on Page 4 660-12; Comprehensive Plan Policies 1.1.1, 2.1.1, 6.1.1, 6.6.6, 8.1.1, 8.2.2, 9.1.1, 9.1.3, 12.1.1 and 12.2.1, and Community Development Code Chapter 18.22 and 18.32. a. Staff Report b. Council Questions C. Council Consideration: Ordinance No. 96- 8 P.M. 4. ADJOURNMENT i s \adm\calhy\cca\961217.doc COUNCIL AGENDA - DECEMBER 30, 1996 - PAGE 3 l i - tl i i i i z. 1 i C Agenda item No. TIGARD CITY COUNCIL Meeting of t as fG? 1 MEETING MINUTES -DECEMBER 30, 1996 • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions current and pending litigation issues As ou are aware all d' thi f y tscusstons w, n this session are confidential. therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 1. BUSINESS SESSION > Meeting was called to order at 7:55 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Community Development Director Jim Hendryx; Legal Counsel Tim Ramis; Senior Planner Nadine Smith; and City Recorder Catherine Wheatley. Mayor Nicoli recognized First Class Scout Robert Hansen and asked him to lead the pledge of allegiance. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items Bill Monahan. City Manager, asked for discussion of the alternative for MPAC, the draft City Manager goals, and funding for the design standards for the Tigard Triangle. Mr. Monahan informed the Council that the first meeting in 1997 would be on January 14. 2. VISITOR'S AGENDA: None 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve City Council Minutes: November 26 and December 3, 1997 3.2 Receive and File: a. December 23. 1996 Memorandum from Director of Finance to City Manager Regarding Capital Improvement Program amendment and the Budget Authority to Fund the Storm Maintenance Program b. Tentative Agenda CITY COUNCIL MEETING MINUTES - DECEMBER 30, 1996 - PAGE I -I. CONSIDER FINAL ORDER - TIGARD TRIANGLE COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0008/ZONE CHANGE (ZON) 96-0008/ZONE ORDINANCE AMENDMENT (ZOA) 96-0005 PROPOSAL: A request for approval of legislative Comprehensive Plan Map, Rezone and Text Amendments within the area known as the Tigard Triangle. Specifically, the request includes redesignation from Low Density Residential, High Density Residential, and Commercial Professional to a new designation of Mixed Use Employment. Additionally, specific implementing amendments to the Comprehensive Plan and amendments to the Comprehensive Plan Transportation Map (Ordinance No. 91-13) are proposed. A request further includes a request for approval of a zone change from C-P (Commercial Professional), R-25 (Residential, 25 units per acre), and R3.5 (residential, 3.5 units per acre) to new zoning designation of MUE (Mixed Use Employment). The request also includes amendments to the Community Development Code to add a new section entitled "Mixed Use Employment" to provide a new zoning district. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential, High Density Residential, and Commercial Professional. I j ZONING DESIGNATION: R3.5 (Residential, 3.5 units per acre), R-25 (Residential, 25 units I ! per acre), and CP (Commercial Professional) LOCATION: Generally, east o Highway 217, west of Interstate 5, and south of State Highway ' 99 West APPLICABLE REVIEW CRITERIA: Statewide Goals 1, 2, 9, 10, 12 and 13; Oregon Administrative Rule 660-12; Comprehensive Plan Polices 1.1.1, 2.1.1, 6.1.1, 6.6.6, 8.1.1, 8.2.2, 9.1.1, 9.1.3, 12. 1.1 and 12.2. 1, and Community Development Code Chapter 18.22 and 18.32. a. Staff Report Jim Hendmc. Community Development Director, presented the two ordinances drafted by ; staff to adopt the Council findings to approve the Comprehensive Plan amendments for land j use, the amendments to the transportation section of the Comprehensive Plan, and the text { j amendments to implement the mixed use employment zone. Tim Ramis. Legal Counsel, explained that staff wrote two separate ordinances because the two actions were logically separate. He noted that the ordinance relating to transportation i improvements originated at the request of ODOT who asked that the City update its transportation section. The second ordinance dealing with the land use portion originated separately in response to the Task Force recommendations and to Metro. Mr. Ramis commented that the objection from DLCD appeared to merge the land use and transportation factors. He explained that the land use was not dependent on the transportation issues, as DLCD apparently thought. Rather the proposed land uses were limited so that they did not create transportation impacts that would exceed those permitted under the current plan designation. The land uses and the transportation improvements each stood separate from the other. He mentioned that the proposed transportation improvements were included in support of ODOT's improvements to the I-5/217 interchange. ~ t CITY COUNCIL MEETING MINUTES - DECEMBER 30, 1996 - PAGE 2 r. ~J i i b. Council Questions i ' c. Council Consideration: Ordinances No. 96-41 and 96-42 J Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 96- 41. The City Recorder read the title and number of Ordinance No. 96-41. ORDINANCE NO. 96-41, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN TEXT AMENDMENT, COMPREHENSIVE PLAN MAP AMENDMENT, REZONE AND ZONING TEXT AMENDMENTS WITHIN THE AREA KNOWN AS THE TIGARD TRIANGLE, CPA 96- 08, ZON 96-08, AND ZOA 96-05 AND DECLARING AN EMERGENCY. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 96- j 42. I The City Recorder read the title and number of Ordinance No. 9642. ORDINANCE NO. 96-42, AN ORDINANCE ADOPTING FINDINGS AND 1 CONCLUSIONS TO APPROVE AMENDMENTS TO THE COMPREHENSIVE PLAN AND AMENDMENTS TO THE COMPREHENSIVE PLAN TRANSPORTATION MAP (ORDINANCE NO 91-13) ADDRESSING TRANSPORTATION . AND ACCESS IMPROVEMENTS TO SUPPORT IMPROVEMENTS OF THE HIGHWY 217/1-5 INTERCHANGE AND DECLARING AN EMERGENCY. i Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Councilor Rohlf commented that while this adoption of ordinances appeared simple and straight forward, the action tonight was actually the result of two years and more of hard work by City staff and Triangle residents and business owners. 4. NON AGENDA ITEMS > Mr. Monahan reported that Rob Drake, Mayor of Beaverton, informed them that Lou Ogden j was the MPAC representative because he received the majority of nominations. However, there were three nominees for the MPAC alternate: Neil Clough of Cornelius, Richard Kidd of Forest j Grove, and Jack Clauster of King City. He explained that the Council needed to vote tonight on the alternate because Beaverton wanted the votes back by January 10, and this was the only Council meeting between now and then. Councilor Scheckla spoke in support of Neil Clough as the alternate, stating that he had understood that the Council had agreed on Lou Ogden as the representative and Neil Clough as the alternate. Councilor Rohlf concurred. Mr. Monahan said that he would inform Beaverton of 1 the Council's vote. j CITY COUNCIL MEETING MINUTES - DECEMBER 30, 1996 - PAGE 3 e i 1 1 > Mr. Monahan distributed copies of the draft Citv Manager goals and asked for Council feedback _ with discussion on January 14. > Mr. Hendryx noted the Council direction to staff at the December 17 meeting to work on design standards for the Triangle. He explained that the consultants have exceeded their budget estimate of $40,000 but have not yet billed the City because they extended their time to work on the design standards. He said that the consultants were confident that they could take the design standards through the Task Force process to the Council hearing for an additional $5000. Mr. Hendryx stated that he would work with Wayne Lowry to find the $5000 in the budget somewhere. Councilor Rohlf asked if the design standards were for the whole Triangle. Mr. Hendryx said yes. He noted that the rough standards presented at the December 17 meeting needed to be refined and worked with by the consultant. Mayor Nicoli commented that there was support on the Council for these design standards, and if staff could not find the $5000, they should not let that hold them up in getting started on the standards. Mr. Monahan mentioned that they might be able to borrow the money from the Code rewrite budget (since that would not be finished by June 30 in any case). Mayor Nicoli stated that Council would work out the $5000 if staff could not find it. Mr. Ramis commented that staff could send a letter to DLCD assuring them that design standards were occurring quickly. Perhaps DLCD might see an opportunity to work cooperatively with the City. Nadine Smith. Senior Planner, noted a copy of a letter she received from Richard Benner, DLCD Director, to Tom Brian which discussed DLCD's position at this point and the letter DLCD sent to the City of Tigard. She stated that she would invite DLCD to send a representative to the Task Force meetings on the design standards. Councilor Rohlf expressed concern that adding another player to the mix could upset the balance of the Task Force. Mayor Nicoli said that he did not think that would happen because the Task Force had been nonpartisan. > Councilor Scheckla asked for a report on the high water and flooding. Mr. Monahan reviewed the problems in the City and staffs responses. He mentioned the recurring problem on Hall Blvd at Bonita where water backed up due to a break or clog in the line. He said that staff alerted the state to the problem on Thursday but the state did not respond at that time. However, all night Thursday City crews pumped water 700 feet to a drain because of the history of this backed up water flooding neighboring properties. Mr. Monahan said that the state took over pumping on Saturday, using the pump the City loaned them. They closed Hall Blvd and pumped the water over the road, but not down to the drain. Mr. Monahan reported that the flooding of Fanno Creek caused them to close Hall Blvd and several bridges. He noted that the water at Fowler Junior High was as high as it had been last February. He commented that the water receded quickly and that there were few calls on ~.J CITY COUNCIL MEETING MINUTES - DECEMBER 30, 1996 - PAGE 4 i 1 property damage coming into the City. He said that they had a couple of people monitoring the 1 situation. Councilor Moore asked who paid for the City of Tigard crews pumping water on Hall Blvd. Mr. Monahan said that they would bill the state. He noted an additional problem with the state's lack of adequate signage warning citizens of the problem. He said that the City was making signs to warn people of the danger. He stated that they would try to recover the entire cost from the state but doubted whether this would be possible. In response to a comment from Councilor Hunt, Mr. Monahan explained that they only reopened closed bridges after those bridges were checked out by an engineer. They have reopened the City bridges but the state bridge required inspection by a state engineer before it could be reopened. He mentioned the use of chains instead of barricades to close off roads because during the February storms, people simply moved the barricades and drove on through. Councilor Scheckla reported that he opened the three grates in his area to prevent the flooding that occurred last time. Mr. Monahan said that opening the catch basins was a simple way to help the City manage the water runoff. He mentioned a report that water was over Walnut Street, and expressed hope that the County would send someone to check on it. > Councilor Moore commented on the attractiveness of the 130'h Highway bridge, and how well it fit the area. > Councilor Hunt commented that the power poles in the middle of sidewalks violated ADA standards, and asked if the City could not do something to force the state to deal with that situation. Councilor Moore explained that the state did not care about providing space for utility poles, unlike the City which tried to do so. He said that PGE could not put poles up on private property, they had to use what right of way was available. Mayor Nicoli suggested that the City pour a radius section of sidewalk to provide a five foot clearance around the poles. Councilor Moore commented that the state did not like meandering sidewalks, though he did not know why. > Councilor Rohlf asked if there was code enforcement for people illegally parking in handicapped parking spaces. Mr. Monahan said that there was enforcement, although they were not as aggressive as some jurisdictions. 5. ADJOURNMENT: 8:31 p.m. Attest: yor, City of Tigar Date: 19 417 is kadmtcathy!ccm\9612-z0.doc atherine Wheatley, City Recorder CITY COUNCIL MEETING MINUTES - DECEMBER 30, 1996 - PAGE 5 CITY OF TIGARD, OREGON AFFIDA Tr OF POSTING In the Matter of the Proposed - s 3 3 j STATE OF OREGON ) County of Washington ) ss. City of Tigard ) ~ R I _ 1 begin first duly sworn, on oath y depose and y: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) (I ~o - '4 q which were adopted at the Council Meeting dated I~ i ~0 copy(s) of said ordinance(s) being ereto attached and by reference made a part hereof, on the (0 day of , 19 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 5777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this G day of ~yfi , 19~. U CL'- 4z~ OFFICIAL SEAL Notary 6blic for Oregon M JO ANN HAYES NOTARY 1'1 9LIC-OREGON I qq COMI.!;_;SICN! NO 042148 My Commission Expires'Q.t,. PAY COL1i4,SSION EXPIRES MAY GS. 1999 CITY OF TIGARD, OREGON ORDINANCE NO. 962-1 1 i n AN oRDINMICE ADOPTING FINDINGS A.NID CONCLUSIONS TO APPROVE a AP *vL t CONIPREHENSTVE PLAN TEXT ANIENDNiENT, CONIPREHENSTVE PLAIN I A.NIENDNiENT, REZONE AND ZONING TEXT ANIENDNIENTS WITHIN THE AREA KNOWN AS THE TIGARD TRIANGLE (CPA 96-6008/ZON 96-6608 AND ZOA 96-0005) AND DECLARING AN ENIERGENCY. WHEREAS. the applicant City of Tigard has requested approval of legislative Comprehensive S Plan Nlap, Rezone and Text Amendments within the area known as the Tigard Triangle. Specifically, the request includes redesignation from Low Density Residential, High Density ' Residential, and Commercial Professional to a new designation of Mixed Use Employment. The j proposal further includes a request for approval of a zone change from C-P (Commercial Professional), R-25 (Residential, 25 units per acre), R-3.5 (Residential, 3.5 units per acre) to new zoning designation of MUE (Mixed Use Employment). NOW, THEREFORE, THE CTTY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached Final Order. SECTION 2: The specific text and map amendments attached to this Ordinance are.hereby adopted and approved the City Council. SECTION 3: The City Council declares that an emergency exists because of the need to resolve use designation within the Triangle to provide immediate relief to property owners who have been unable to make plans for the future use of their land. Therefore, this ordinance shall be in full force and effect upon its passage by the City Council. PASSED: Bv: U 11(C f1) MCUS vote of all Council members present after being read by number and title only, this "2 day of-1-rG'mLEL, 1996. i Catherine Wheatley. City Reco er i ORDDi a.I1CE NO. 96- Pase l 1 ~,~f~ ' APPROVED: By Tigard City Council thisx iiay of 1996. ~~1... L-e Y es Nicoll. Mayor { 2'13O 13 31 1960 rRON: 503 684 7297 .0: 2473 PAGE: 2 FC 1-/30/98 13:27 X503 884 7297 CITY OF TIGARD CITY ATTORNEY 14002/013 ct~ i i 1 1 ' Attachment A cllcwrng are ;'le scec:tic char•.ges :a the Ccrrprenenswe °ian ;c upeate ;he dcc_nertt as related to ;ha Tigard Triangle', and ;a inc!uda larguage to allow implementation of the (mixed use Employment z^ i 1 L. _ re. Racommerded deleCcris are indicated by s:::k,- - wittl rew lang ;age shown in bold. Volume Economy. Section I -tzz - 5 Delete: -Ad GQQFdiAQte pA*ed 4;F PQ Sible - mail A; aFe impa= L • - ~ s.- /nom n.. Stan Ccnment With the revisions prceosed to the Comprehensive Plan, this section c- "a Plan wiil be implemented and -e need t'or a study of the Triangle will no forger be necessary to be expressed in the plan. 1I- - -.11 . . ....ii-sienizvon strategies, II - 7 ADD: i. Mixed Use Employment District -Areas with a development concept that is characterized by retail, office and service commercial uses, with 1?/30 13:31 1996 FROM: 503 684 7297 TO: 2473 PAGE: 3 12,'301,96 13:27 $503 684 7297 CITY OF TIGARD CITY TTORNEY !®003/013 business ;:ar!t and researc:1 facilities. Iii n densir/ residential development will be encouraged, g j:3j •_.:cr1r. @.^. t: gerersl :3ngt;3g~ is .ec2ss ry allcw ;t:e 3GCidcn Cr a new xcnu q Cisw c: tc ae ,r.CuCed :n the Cevelaoment Ccde. j I Vclure 11, E ~rcmy, II 30. =.3 `'.E C:TY SHALL PRCFHIEIT RSSIDENTIAL 0EVFLCP%IEN T IN 1 ' CCNLLIERCIAL AND INDUSTRIAL ZONING DISTRICTS eXCEPT: I CONIPLIMEN T ARY RESIDENTIAL DEVELOPMENT SHALL BE rcRiyllT i c] AECVE THE FIRST FLOOR IN TE!E CENTRAL BUSINESS 01STRICT, AND ABOVE THE SECOND FLOOR IN CCMMERCIAL PROFcSSIONAL DISTRICTS. (7 E DENSITY OF RESIDENTIAL OEVEL OPMENT SHALL BE OE I E RBAINED IN ACCORDANCE WITH THE R-40 OISTRICTS), AND: i EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERl4QlT= USES AND NEW MULTI- FAMILY DENSITY DEVELOPMENT SHALL BE PERMITTED AND ! ENCOURAGED TO DEVELOP AT R40 DENSITIES. Staff Comment: This language wW rarity that the existing single-laftly heroes within the Triangle will be considered pence uses and therefore can be refinanced. remcdeied, rebuilt; etc It also clarifies that new high denrAy ras dential develcpment is permitted within the Triangle. i i 11.4.1 IN -,HE TIGArRD TRIANGLE (1.E THAT AREA BOUNCED BY PACIFIC HIGKIWAY. HIGHWAY 217. AND THE INTERSTATE 5 FREEWAY). IN THE -MIXED USE EMPLOYMENT ZONE 1r`Se'+•o HIGH MENSIT! RESIDENTIAL DEVELOPMENT (I.=. 20 TO 40 UNrrS PER ACRE; SHALL SE A USE ALL OW S0 OUT RIGi• i S < Ccrr..e,^.t = ~iicc s:y his s-Rdard was intended to allow multi-`arrlly uses _r.:y in =nlunc=cn with =mmer.`:al Professicnal uses within the Commercial Frafess:cnal _ne. T ne new standard wculd allow ,,ulti-amiiy residential within any .car: e; ~-e Mixed Use Emoleyment zcning area. i 12/30 13:32 1996 FROM: 503 684 7297 TO: 2473 PAGE: 4 12/30/98 I3:28 IMS03 883 7297 CITY OF TIGARD yy- CITY .1TTOR.vEY ®003/013 i ? ! 1 I 7 1 t I 1 i Vclume II Uroanizavon 11 - 74 I i.s,3 6rnAj2PRQlADr.GR A' AS A42A R:; or. A 4E P1 I', T Szaf` Ccr;ment This can t:e de!eted as an update of the Comprehensive P!an. ;is referred to a requirement that Dartmouth de completed prior to any further ccmmerral development This the time that this was written, Cartnouth has !:aan cempletad- ..-.p xc 12/30 13:34 1996 FROM: 503 684 7297 T0: 2473 PAGE: 1-/30:96 13:29 12503 684 7297 CITY OF TIGARD CITY ATTORNEY b DRAFT t Chapter 18._ -MUE: -NIMED USE ENIPLOYMENT DISTRICT. 18. 010, Purpose. 18._ 0'20 Procedures and Approval Process_ 18_ 030 Permitted and Restricted Uses 18._ 040 Conditional Uses (See Chapter 18.130). is. - 050 Dimensional Requirements. I8._ 060 Additional Requirements. 18._ 070 Design Standards. 18._ 010 Purposes 9 } A. The purpose of the 1AUE toning district is: 1. To crearc a mixed use employment district that is complementary to the rest of the community and the region; 2. To provide oppornmities for employment and for new busineas and professional services in close proximity to retail centers and major transportation facilities; v-1 3. To provide for major retail goods and services accessible to the general public, and 1_. minor retail goods and services accessible to the public which works and lives within the MUE district; 4. To provide for groups and businesses in centers; 5. To provide for residential uses which are compatible with a1111 strgportive of retail and employment uses. B_ Guiding principles for the Tigard Triangle: i 1 _ To support the Tigard Triangle's position as a ~ significant location for a ~ variety ofcomm^^.alt pffiCe, bnemeea park and research T13e5; i 2. To capitalize on and improve the Tigard Triangle's accessibility from Pacific Highway, Highway 217 and I-5 by creating a mixed use employment district which serves the eadfe reb ee community: i 3. To recognize that accessibility is the key to a svr..essf'ul mixed 1 rate emp oym-t area, and that the automobile will accommodate the vase majority of tens to the Triangle; 1 12/30 13:34 1996 FROM: 503 684 7297 TO: 2473 PAGE: 9 IL/30/96 13.30 IT503 884 7297 CITY OF TIGARD CITY ATTORNEY 4009/013 2 z t 4. To support transit and other modes in order to maximize their potential. S 5. To create a complementary land use pattern that allows for a number of trip purposes I to be satisfied during a single visit to the Tigard Triangle, and distributes those trips over a broad period of the day; 6. To add roadways and utilities to existing infrssaucture to accommodate future growth; 7. To include a safe, secure and convenient pedestrian and bikeway system within the I 7 Tigard Triangle that links internal uses, and connects to the city-wide system; i 8. To integrate within new development the siE WC=t natural features found within the Triangle; g 9. To we stmucape as a key element to create a high quality image for the Triangle and ! to establish people-friendly spaces; ) 10. To assure that transitions from existing low density residential rases to mixed use i employment us= occur in ways that respect the livability of the residential areas; 11. To allow for the opportunity for residential uses within compatible employment areas. i 18-_ 020 Procedures and Approval Process. f A. A permitted sue, Section 18.` 030, is a use which is allowed outright, but is subject to all applicable provisionu of this title. If a use is not listed as a permitted use outright, it maybe held to be similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. i B. A restricted use, Section 18._ 030, is a use which is allowed outfight, but is subject to specific restrictions and all applicable provisions of this title. If a use is not listed as a restricted use ou might it tray be held to be similar tmlisted use undo the provisionu of Chapter 18.43, S Unlisted Use. 1 C. A conditional use, Section 18.64.040, is a use the approval ofwhich is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. Y a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 1 8.43, Unlisted Use. 18. 030 Permitted and Restricted Uses 2 1 I ~111 . 12!30 13:35 1996 FROM: 503 684 7297 TO: 2473 PAGE: 10 884 7297 CITY OF TIGARD CITY {TTOR'~tEY ' 010/OLJ 1,4/30/96 1J:30 $503 d I istrict are as 5011ows: A. Permitted and Restricted Uses in the MUE (P-permitted; R-permitted with restrictions) 1 Use Categories Commercial Use Types Amusement enterprises including cinemas Animal sates and services Automotive std equipment R(tj Buildiag maiatr nzo= services ' - Business cquipmmt rata and savicet Building support services Cnmmualca Oct services ' Convenience saint and personal services Childr eds day =m Eatini and drinitias establishments ?sr, z g FFinancaL instnwce sad teal esnre services Food and beverage retail sales F=MW and udemmeat services General retail sales Medial and deatal services ,.werswsiei~c.. Personal services. Stnetal xtis'+-T _ Pra&uional and admialtasuve services P- Consumer repair servicc3 y,; ~ .•Pi r.:rr Rcliciew ssscmbiy Resoreh services Transient lodging _ ` l i i I Use cut-&- P~hlie acmiq a ve SaMccs P Qiftuid, h ti L uxscreoa =ss = P'a •Pu68c ]a~(SLSO~IOJ'SQtr'O,-S':•• ~ . lioidea thl Use Typo [adasaial Use Types - ~'~'.'_t.:syt~-~(~S-.mss. Y~1 , w• ~5t'. ~a6orciaTq sooc5se aFa[;an-6uuf"5n_.'~" - ~ • 12130 13:35 1996 FROM: 503 684 7297 70: 2473 PAGE: 12 " " - .-,30:96 13:31 'Q'SOJ 684 7297 CITY OF TIGARD CITY ATTORNEY Z012/013 t 3. All activities associated with this use, except employee and customer parking, shall be contained within building(s). 4. Permitted as an 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. 18._ 040 Conditional Uses (See Chapter 18.130). A. Conditional uses in the MUE district are as follows: 1. Community recreation including sauctuzcs; 2. Religious assembly; 3. Schools and rtlated facilities; 4. Hospitals; 5. Psrldng facilities; 6. Utilities; and ' 7. Construction Contractor s Professional Offices. 18-_ 050 Dimensional Requirements. A. Dim tinnal =gUircm n e for all commercial use amts vic Lep tunes- industrial usC these chall he the same a5 the C-G tvrxs a ments includin nd mired use dA+elo g . p _ ovmct, [ llimmsion 1 remtire-ments for residential use res .hall be the same a_s the R-25 district, ( f 18._ 060 Additional Regttiremenn. II A. The maximum floor area ratio (FAR) for all commercial and industrial use types shall not exceed 0.40. Ret idatial ruse oMes including transient housing shad not be :Aiect t his B. On lots Qreater an three acre general retail C ;ales ,set are limited to 30.000 lQuare feet of =sc_lc=hle area plus one additi=41 ==re foot of &ross leasable area of general .tail sales use for each addition-1 four sm ar*_ feet of non-general retail sales use, j U o i lY. t 1 ouJ coJ .1- 1J 1:130198 1331 12503 BSS 7297 -CITY OF TICARD CITY ATTORNEY WO13/013 I _ I 18._ 070 Design Standards. 6 s r (t ' r 'Z' z j .t ( 1 4 f zz' 7-3 IT, t bg✓y f I „ II I f 1 f _ rf ) ■ e r Boa. 'zzz ~j 3 r ff ) co :ZZ: ~1~ 7r I I 7 r v t r Z N 'z Z~ i ' LL I o f.. a x . w t j I , I .I.~ 3AVFUr9 :42., i acs ! f r - ;.Z. a+ ZZZ: fl i 7 t,..I..l..J..1~ .1 11 . I 1 j 1 ~vnn~rttd T lUp ljJ~ III,, ~f1 ( 2f en~ i f 1 3nvtuo<, j i 3 r 3~ !r; { z C) :17 n; ,zzz 'Z I o .et J 1 m J. ' l'i. t r'f w C O Z,: Z f ` C W X N 7) ~ v ar C 3 C CL LLJ aati c°~ a _ ~ N Y _ CITY OF TIGARD CITY COUNCIL FINAL ORDER TIGARD TRIANGLE A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A LEGISLATIVE COMPREEMNSIVE PLAN AXIF.N'DMENNT AND A,NIENDrvIENT TO THE DEVELOPMENT CODE FOR AN AREA ILNOWN AS THE "TIGARD TRIANGLE". A. FACTS 1. General Information CASE: FILE NAME: TIGARD TRIANGLE Comprehensive Plan Amendment CPA 96-0008/ZON96-0008 ZOA 96-0005 REQUEST: A request for approval of legislative Comprehensive Plan Map, Rezone and Text Amendments within the area known as the Tigard Triangle. Specifically, the request includes redesignation from Low Density Residential, High Density Residential, and Commercial Professional to a new designation of Mixed Use Employment. A separate and independent request, which was heard concurrently witt this application, involves certain transportation related amendments to the text of the Comprehensive Plan and the Comprehensive Plan Transportation Map. The subject matter of this Final Order is separate from those amendments and not dependent upon them. While the matters were heard concurrently, the transportation related amendments have been adopted in a separate final order. The request further includes a request for approval of a zone change from C-P (Commercial Professional), R-25 (Residential, 25 units per acre), and R3.5 (Residential, 3.5 units per acre) to new zoning designation of NIUE (Mixed Use Employment). The request also includes amendments to the Community Development Code to add a new section entitled "Mixed Use Employment" to provide a new zoning district. APPLICANT: City of Tigard 13121 SW Hall Boulevard Tigard, OR 97223 j OWNER: Various LOCATION: Generally, east of Highway 217, west of Interstate 5, and south j of State Highway 99 West 2. Vicinity The affected parcels are within the area known as the Tigard Triangle. The area is generally bordered by interstate 5 to the east, Highway 217 to the west and Highway I 99W to the north. j 3. Background Information 1 The Tigard Triangle has been the subject of various past planning efforts. The Tigard Triangle Master Plan was completed in 1992 and provided a land analysis, assessments of development trends and development potential of the Triangle. After E over a year of study and public input, the Planning Commission approved and the City Council accepted a master plan map for the Triangle in November of 1992 i (Resolution 92-54). The master plan map showed generalized areas of land use ( 1 categories which reflected the decision. In early 1993, the City was awarded a grant I i from the Department of Land Conservation and Development (DLCD) to conduct a more detailed planning study of the area. The study, which covered land use, F transportation, urban design and open space issues resulted in the Tigard Triangle EE Specific Area Plan, dated January of 1994. The Planning Commission held a hearing C: on the proposed amendment and zone change on June 20, 1994. After further discussion on July 18, 1994, the Commission voted unanimously to recommend 1 against approval of the plan. After a public hearing on the proposal on January 24, 1995, the City Council withdrew CPA 94-0002 and ZON 94-0002 from consideration. In February of this year, the City Council authorized staff to proceed with hiring 1 consultants to assist in a new effort to bring resolution to issues associated with land use in the Triangle. At that time, a resolution was passed by Council to not accept Comprehensive Plan Amendments within the Trian gle until after December 31, 1996. With the assistance of the consuttns team, a task force was formed made up of representatives of area residents, business owners, developers, ODOT, and Metro. A series of meetings have been held throughout the summer to come up with recommendations that are detailed in the staff report. An open house was held in August to solicit public input and a second public work shop was held in October to i allow public input into the recommendations provided by the Task Force. , i. B Site Information and Pmnosal Descrintion The site is approximately 340 acres in size. The proposed land use actions include amendments to the Comprehensive Plan to update references to the Tigard Triangle, include a description of the Mixed Use Employment zone, and amend the Development Code to include a new zoning designation of Mired Use Employment. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Goals 1, 2, 9, 10, 11, 12 and 13: Comprehensive Plan Policies 1.1.1, 2. 1.1 and 6.1.1, 6.6.6., 8.1.1, 8.2.2, 9.1.1, 9.1.3, 12.1. l and 12.2. and Community Development Code Chapter 18.22 and 18.32. STATEWIDE GOALS 1. Citizen Involvement: Goal 1 requires a citizen involvement program that ensures the opportunity for citizens to be involved in the planning process. Tigard Comprehensive Plan Policy 2. 1.1 and Tigard Community Development Code Chapter l3 provide for citizen participation and notice. Notice of the Planning Commission and City Council hearings and opportunity for response was advertised in the local newspaper and request for comments were sent to all CTTs and the Department of Land Conservation and Development. The proposals were the subject of public hearings before the planning commission and city council which included citizen testimony. That testimony was considered in reaching a final decision. Information was mailed out to all property owners within the Triangle as it was available regarding workshops and other actions being considered. In addition, the proposal was presented to the CITs. Additionally, two public open houses were held, one in August and one in October of 1996. This goal is satisfied. 2. Land Use Planning: Goal 2 requires, in part, that adopted comprehensive plans i be revised to take into account changing public policies and circumstances. These amendments respond to this requirement by taking into account Metro's adoption of a "Growth Concept" map indicating this area as "Mixed Use Employment". f The changes also reflect the results of lengthy debate and analysis over the appropriate uses within the Tigard Triangle. The evidence indicates that the effect of large scale commercial development in the area has made long term continuation of housing in its current location and form inappropriate. This chan ge in circumstances, coupled with Metro's action, creates the need to revise the plan and zoning for the area. M 1 t I 1 i Goal 2 also requires that land use plans must be the basis for specific implementation measures and that those measures must be consistent with and adequate to carry out the plans. The proposed plan amendments are the basis for specific implementation measures. The proposed plan text identities uses and characteristics of a mixed use employment district which serve as the basis for the specific implementation measures found in the zoning code amendments. Those zoning code amendments specifically carry out the changes to the plan and are consistent with the plan amendments. The new zoning code text provides the criteria and process framework to carry out the plan. Together, the comprehensive plan, zoning code text and map changes meet the requirements of the goal. Goal 2 also requires that the plan and related implementation measures shall be coordinated with the plans of affected governmental units. The initial step required in coordination is to engage in an exchange of information between the planning jurisdiction and affected governmental units, or at least invite such an exchange. The record demonstrates that the city has complied with this requirement. The process has included contacts with Washington County, Metro, and ODOT. Washington County declined to participate but Metro and Or)nT were included in the task force which guided the work of consultants and staff. The record indicates that Metro and ODOT exchanged information with city staff and consultants, expressed their concerns, preferences and cooperatively developed factual information used to evaluate the proposal. The second aspect of coordination is to use the information provided by affected jurisdictions to balance the needs of all governmental units as well as the needs of the citizens in developing the plan. The outcome of the work of the task force was a recommendation, not opposed by ODOT and Metro, to adopt the amendments before us for consideration. In enacting the amendments we are therefore not taking unilateral action inconsistent -;th Lhe desi.es of those units of government. We have instead accommodated the interests of other agencies. The balancing of interests aspect of the coordination requirement is therefore met. Goal 2 also requires the identification of issues and problems for each applicable statewide planning goal and evaluation of alternative courses of action and ultimate policy choices. As the text of these findings documents, the city council undertook identification of issues and problems, evaluated options and made the ultimate policy choice. Once it was determined that the proposed amendments would generate no greater traffic impact than the current plan and zoning designations, the principle issue became the defining of the uses and character of a Mixed Use Employment district and the role of housing within that district. These matters are described in more detail under the discussion of Goals 9 and 10. 4 i J l I 3. Economic Development: Goal 9 requires the provision of adequate opportunities for a variety of economic activities. This goal has been met because the plan j continues to promote opportunities for a variety of economic activities vital to the i health, welfare and prosperity of Tigard citizens. The mix of uses will encourage a diversity of development with emphasis on employment based uses. ~ - I The fundamental issue with respect to the triangle for many years has been determination of the proper mix of uses which should be developed there. We have before us in the record various options for resolving this question which have been generated by this and previous planning efforts. These options include a Mixed Use Employment district, maintenance of the current plan, and increasing housing in the area. j I In evaluating these proposals we are most heavily influenced by Metro's decision to designate the triangle as "Mixed Use Employment" on its Growth Concept map. The ' Mixed Use Employment District best carries out this designation. i The buildout development concept for a mixed use employment district is characterized by retail, office and service commercial uses, together with business park and research facilities throughout the Tigard Triangle. High density residential development is integrated with employment uses, with some apartment/townhouse I j developments. Larger scaled commercial uses are located west of 72nd Avenue in the I area that is largely already committed to large commercial facilities. This new land l+ ~1 use concept is proposed in the form of a new Mixed Use Employment Zoning District ' J j - (MUE) for the Tigard Triangle. Attachment B at the end of the staff report indicates j the uses permitted, not permitted and permitted with restrictions for the MUE district. j The proposed MEU district will also include a maximum density limitation for retail i and office uses. We find that in addition to meeting the direction of Metro's Functional Plan, this designation takes into account other important planning considerations. The mixed I use approach will create a needed and vital economic center for the area. The density 1{ cap will allow the creation of jobs but prevent this geographic area from undermining I economic development at the Regional Center located to the north. The integration of uses will also have social, energy and environmental benefits by encouraging ! consolidation of automobile trips and reinforcing opportunities for pedestrians. i Maintenance of the current plan has clear drawbacks as a policy option. The current plan has had the effect of slowing down potential economic development in the triangle area for many years. There is substantial opinion from owners of land in the area and developers familiar with the area that the current designations have not worked to create opportunities for economic activity. Based upon this evidence we i reject the option of maintaining the current designations. { 5 i a F f We likewise reject the option of designating the area primarily for housing development. Not only is this option inconsistent with Metro's concept map, it would be contrary to the creation of economic opportunity because the area is no longer well suited for large scale housing development or the maintenance of single family neighborhoods. This is due to the encroachment of large commercial uses east of S.W. 72nd with associated lights, activity and traffic. This is also due to the loss of the Phil Louis School which no longer serves families in the area. We therefore conclude that the proposal before us best carries out the objectives of Goal 9. 4. Housing: Goal 10 requires that plans shall encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Metro has chosen not to designate this area for predominantly residential use. Housing, however, is not prohibited in a Mixed Use Employment area. The proposal before us therefore permits housing to occur within the zone. While housing will not be the predominant use. location of some housing in the area will assist the City in carrying out Goal 10. The new Mixed Use Employment zone will encourage high density housing development by allowing multi-family development to occur at the rate of 40 units to the acre. It will also provide the opportunity for the existing single-family houses to remain in that existing single family units will become listed as an allowed use. Currently, single family homes are not allowed in the CP zone and are restricted in the CG zone which makes it difficult to refmance or obtain financing for remodeling in the Triangle. The new zoning will provide provisions that allow retention of existing residences thereby preserving affordable housing, while still providing the opportunity for high density housing. Goal 10, Housing, is, therefore, met because the proposal provides for additional housing opportunities as called for both in the City's Comprehensive Plan and the Metropolitan Housing Rule. S. Goal 11: Goal 11 requires a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban development. This proposal does not change the acknowledged provisions of the City of Tigard Comprehensive Plan and Community Development Code with respect to the adequate provision of public facilities and services. As development occurs within the Tigard Triangle those provisions will be enforced to require adequate provision of public facilities and services. For example, as development occurs within the Triangle the Community Development Code, chapter 18.164, identifies how rights-of-way for streets are created and what improvements result from development. This chapter also requires the installation of sanitary sewers to serve each new development and contains the requirement for connection of developments to existing mains (section 18.164.090). Storm drainage is required and implemented through section 6 L_. _1 3 9 J 18.104. I(X) which makes specific requirements for storm water drainage system { n approval through the issuance of a development permit. ~J j The availability of services for development within the Triangle is not a disputed subject on the record before us, with the exception of the Department of Land Conservation and Development's claims with respect to transportation infrastructure which cite Goals 2 and 12. Those claims are discussed in the context of Goal 12. 6. Transportation: Goal 12 requires a safe, convenient and economic transportation system. a. The Problem and the Policy Choice The central problem presented by comprehensive plan and zoning amendments in the i a area of the Triangle is how to assign various land uses and intensities of development 1 while maintaining a safe, convenient and economic transportation system. Several alternatives are before us for consideration. One option is to adopt measures which will prevent development which occurs under the amended plan and implementing measures from creating transportation impacts that exceed the level of impact that would be created by the land use designations which have previously been acknowledged by LCDC and which are now contained in the city's comprehensive I plan, zoning map and community development code. Another alternative is to allow 1 greater intensity of use but to provide for increased transportation infrastructure, transit and other measures to address the increased impact consistent with the Transportation Planning Rule. Still another option is to impose a moratorium or j adopt a public facilities strategy. The City has employed this type of planning technique to address development within the Triangle in the past. k 1 In evaluating these options we have determined that relying on moratoriums and j related planning tools provide only short term solutions and do not effectively carry out MPtro's designation of the site for Mixed Use Employment. These kinds of limitations on development also undermine the region's ability to use the land within the Urban Growth Boundary most efficiently in order to reduce the total demand for urban land. Inefficient use of land within the boundary will have negative energy and environmental consequences occasioned by sprawl development. The moratorium approach also fails to address the city's and region's social and economic needs. The Tigard Triangle is well located as an employment destination and we conclude that this opportunity should not be lost. j r . 1J / c d S; 11 I I S' i `J We also reject the option of increasing the intensity of development, and therefore the transportation impact, over that which is anticipated to result from the current comprehensive plan. Metro has cautioned that increasing the intensity of development will conflict with Metro's objectives for intense development at the Regional Center which lies to the north of the Tigard Triangle. Such development would also require improvements to the transportation system that go beyond the improvements now recommended by ODOT and Metro. We conclude that the best option is to designate the area for the Mixed Use Employment types of uses called for by Metro but to limit the transportation impact of this type of development to the same level that would be produced by development under the acknowledged provisions of the current plan. This option permits the city to use the area of the Triangle efficiently for the provision of employment and housing but does not require further amendment of transportation plans. This option also permits the city to meet Metro's objectives for the use of the property without violating the provisions of the Transportation Planning Rule (TPR). Metro has also urged a limitation on Floor Area Ratio (FAR) as a means of limiting competition with the nearby Regional Center. An FAR also achieves the purpose of limiting the transportation impact of these amendments so that they are not significantly different than would be experienced under the existing acknowledged comprehensive plan. We therefore conclude that the proposal before us, including the FAR cap of 0.40, is the superior policy option. The mixed use employment zone, as presented, contains features which carry out other aspects of Goal 12. Compatible land uses such as office and high-density residential are clustered in central locations to promote ease of access, as well as the potential for use of non-motorized modes. Mixing land uses that can comprise related destinations serves to shorten trip lengths and reduce the number of vehicle trips. The mired use employment zone facilitates the potential for trip capture by providing choice of residential uses (single or multi-family residential) and locating these allowed uses in close proximity to office, commercial and general commercial uses. Also addressing Goal 12 are the proposed amendments to the circulation element of the Plan. These changes call for a specific pedestrian and transportation improvements that are needed to reduce the reliance on the automobile. Street spacing standards identified in the Functional Plan are part of the package of amendments. Together, with the other changes, a more pedestrian friendly environment will be created. Street improvements will also create better access for Tri-NIet. We take notice of these changes and our adoption of them. We conclude the proposal implements the objectives of Goal 12 1111 i b. Applicability of the Transportation Planning Rule Oregon Administrative Rule: Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. We must therefore determine whether the amendments will significantly affect a transportation facility. OAR 660-12-060(2) reads: A plan or land use regulation amendment significantly affects a transportation fa-:llny if it: (a) Changes the funcrional classification of an e-risting or planned transportation facility; (b) Changes standards implementing a functional classification system; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. We find that subsections (a), (b) and (c) do not apply to these amendments. We adopt as fact the expert opinion that traffic volumes produced by the proposed land use amendments will not create an increase in traffic over traffic volumes generated under the current plan and regulations. The amendments do not change the functional classification or standards for any transportation facility. Nor do the amendments allow levels of travel or access inconsistent with the functional classification of any transportation facility. With respect to subsection (d) we find that the plan amendments will not themselves cause a reduction in the level of service of any transportation facility below levels of service identified in our Transportation Plan. In the event these amendments are found to significantly effect a transportation facility pursuant to OAR 660-12-060-(2), we also find that the proposed amendments comply with OAR 660-12-060(1). The plan amendments along with other provisions of our code expressly limit allowed land uses, and alter design requirements to ensure that development is consistent with the function, capacity and level of service of affected transportation facilities, in compliance with OAR 660-12-060(1)(a) and (c). 9 The evidence presented by our staff and consultants concludes that the proposed land use designations will not have a significant effect on a transportation facility because the projected traffic volumes produced by development which would occur under the amended land use designations would not exceed the traffic impacts projected to occur from development under the current acknowledged land use designations. Traffic generation from the proposed amendments has been extensively analyzed to evaluate the impacts that the proposed mixed use employment zoning would have on transportation systems. As documented in exhibit B to the staff report and presented to council at its December 17, 1996, hearing, the consulting firms of Kittelson Associates and Spencer and Kupper analyzed previous studies, interviewed current property owners and developers in the Triangle and applied current and future development trends to establish an analysis of impacts of the proposed MUE zoning on the transportation system. The results of this analysis indicate that the proposed comprehensive plan and development regulation amendments do not result in significant changes to trip generation over that currently allowed by existing plan and code regulations. The methodology employed by the consultants began with estimating the amount of square footage of development that would occur for each of the uses permitted under the current land use designations. Based upon these estimates, anticipated traffic volumes were projected. This result was then compared to traffic volumes anticipated under the proposed designations. using the same methodology. The consultants estimated the various square footages of use that would occur at buildout and generated expected traffic volumes from those estimates. Based upon their analysis of these numbers, and the characteristics of the transportation system, the transportation and planning consultants have offered their expert opinion that the amendments proposed would not significantly affect a transportation facility. The project team has worked closely with the Tigard Triangle Task Force, has reviewed past transportation and land use studies for the triangle, and have conducted 3 sketch planning analysis of the 2015 traffic volume forecasts for the area-wide ` R roadway system. The results of this analysis indicate that the proposed comprehensive plan and development regulation amendments do not result in significant changes to trip generation than is currently allowed by existing plan and code regulations. ? Therefore, the plan amendment does not represent a change that would significantly impact transportation facilities. i i Attachment G, which was submitted to the Planning Commission, and made an attachment to the staff report, provides further comparison of buildout of the Tigard i i Triangle under existing zoning code regulations and the proposed regulations. The buildout scenario labeled "unconstrained" represents the buildout of the Triangle G t 10 f k n J I i which is most likely under existing zoning.' This scenario is based upon a projected development density based upon an FAR of 0.60. This level of development is compared to the expected buildout of the Mixed Use Employment zoning designation which caps allowable FARs at 0.40 and which further canes restrictions on allowable square footage of retail buildings. The conclusion of this analysis is that the Mixed Use Employment district buildout scenario and the unconstrained existing zoning scenario would result in about the same overall levels of development within the Tigard Triangle. j After reviewing the analysis presented to us we find that it is persuasive that a proposed amendment would not significantly effect a transportation facility. We also find that the process employed to develop the analysis was conducted in a fair and open manner and that it yielded a thoughtful and analytically persuasive result. c. Factual Dispute In the record before us the consultants' methodology and the data supporting it is undisputed except in one respect. DLCD has indicated its disagreement with one of the assumptions in the analysis, thus leaving the methodology and the assumptions undisputed in all other respects. In a letter of December 17, 1996, Mr. Steve Oulman of DLCD states "we disagree with the assumption that existing zoning will result in buildout averaging 0.60 floor -1 area ratio (FAR)." While the letter offers no further explanation, our understanding of the claim is that DLCD believes that the current zoning would build out at a lower floor area ratio, thus creating less intensity of development, and therefore generating less traffic volume. The implication of DLCD's dispute with respect to projected buildout intensity is that the transportation and planning consultants overestimated the traffic volumes that would result from development under the current zoning. If these volumes have been overestimated then the ultimate conclusion of those experts would be undermined because the volumes that could be expected from the amended land use designations would exceed those that would be expected under the current land use desiertation. t Table two of Attachment G provides projected development scenarios labeled 'constrained' and "unconstrained'. The "constrained" analysis was based upon a projected FAR of 0.40. The firm of Spencer and Kupper concluded that this scenario under estimated the density of development that would be expected in the Triangle under the existing zoning regulations. It was therefore not considered to be the proper basis for comparison to the impacts of buildout under the proposed zoning regulations. The "unconstrained" scenario is based upon a projected buildout of the existing zoning regulations at an FAR of 0.60. ~ 11 L 60 7 In the case of a disputed assumption we must determine which evidence to rely upon. Based upon our review of the record we find that the FAR estimate provided by Spencer and Kupper is the most credible and reliable evidence. Mr. Spencer appeared at our hearing and explained the basis upon which he recommended the use of that number. His opinion was based upon his professional expertise as well interviews with owners and developers in the Triangle and his knowledge of levels of development in other similar areas in the region. We found him to be a credible witness with strong credentials. In opposition to his opinion we have only the flat statement that -we disagree" without any further explanation. No representative of DLCD appeared before us and therefore we were unable to inquire further into their analysis or to compare their testimony and credibility with the live witness that appeared before us. We therefore accept the expert opinion of Mr. Spencer that a 0.60 floor area ratio is the correct assumption to make regarding intensity of development in the Triangle over the planning period. Based upon the evidence and record we conclude that the amendments will not significantly affect the transportation facility and therefore OAR 660-12-060 does not apply to this case. The conclusion of the credible expert analysis in this record is that the Mixed Use Employment district buildout scenario and the unconstrained existing zoning scenario will result in about the same overall levels of development within the Tigard Triangle. In fact, it is possible that development under the existing zoning scenario could be even higher than projected because under current regulations there is no cap on the FAR that can be achieved within the Triangle. The 0.60 FAR estimate employed by the consultants is an estimate of the level of intensity which is likely, but there is no guarantee under existing code that buildout will be at an FAR that is this low. The proposed zoning, on the other hand, contains a specific FAR cap for retail and office development of 0.40. This will assure that development intensity will not exceed that which was estimated by the consultants in evaluating the transportation impacts from the proposed amendments. Enemy Conservation: Goal 13 requires that land and uses be developed to maximize the conservation of all forms of energy. The proposed amendment provides a mix of uses within one geographic area and connects those uses both internally and externally with street systems, pedestrian facilities and bicycle paths. With this arrangement automobile trips will be fewer and there will be more opportunity for alternative modes of travel. Ultimately this will reduce the number of auto trips necessary and will result in increased energy conservation. The theory of providing a mix of uses within one geographic area and connecting those areas both internally and externally with street systems, pedestrian facilities and bicycle paths is that automobile trips will be fewer and there will be more opportunity for alternative modes of travel. Ultimately, this will reduce the number of auto trips necessary and will result in increased energy conservation. 12 CONIPLLINCE WITH CONIPREHF-NSIVE PLAN POLICIES x. General Policies: Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional development plan. The proposal is consistent with statewide planning goals as addressed above under 'Statewide Goals'. The proposal conforms with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was approved for the adoption on October 24, 1996 by the Metro Council. The "Growth Concept" map associated with the Functional Plan indicates this area as -Mixed Use Employment". The adopted -Regional Urban Growth Goals and Objectives" that are implemented by the Functional Plan discuss Employment Areas as: "Other employment center would be designated as employment areas, muting various types of employment and including some residential development as well. These employment areas would provide for about 5 percent of new households and 14 percent of new employment within the region. Densities would rise substantially from 1990 levels of about 11 people per acre to about 20 people per acre. Employment areas would be expected to include some limited retail commercial uses primarily to serve the needs of people working or living in the immediate employment areas, not larger market areas outside the employment area. Exceptions to this general policy can be made only for certain areas, indicated in a functional plan." (Page 32, Regional Urban Growth Goals and Objectives, adopted December 14, 1995). By rezoning the Triangle to a Mixed Use Employment zone with an emphasis on employment uses the City is moving toward implementing this design concept. We will be providing the opportunity for an area where high density residential will be allowed along with commercial and office/employment uses. Originally, the Task Force had proposed to rezone the entire Triangle to Mixed Use Employment. As noted in the above language and further amplified within the adopted Functional Plan, Title 4, the intent of Metro's design concept for Mixed Use Employment zones is to limit the amount of retail. Within the adopted standards for Title 4, is a requirement that limits retail uses larger than 60,000 sq.ft. per business or building in Mixed Use Employment areas. The final adoption of the Functional Plan exempts the Commercial General and Commercial Professional zones from this allowance if the zoning districts currently allow retail uses with a greater area than 66,000 sq.ft. The city's Commercial General zoning districts currently allows retail uses over 60,000 sq.ft. and to assure preservation of that allowance it was determined that areas of the Triangle currently zoned Commercial General not be rezoned to Mixed Use Employment. The areas that are currently zoned Commercial Professional, R-25 and 13 f i I I t I i i is I j , W 's R3.5 would be rezoned to Mixed Use Employment, with limitations on the ability to place retail uses. Retail uses in the Mixed Use Employment zone would be limited to 60,000 sq.ft. with the additional provision that on sites over three acres in size, retail use is limited to 30,000 sq.ft. of gross leasable area plus one additional square foot of gross leasable area of general retail sales for each additional four square feet of non-general retail sales use. In addition to this requirement, with the exception of residential and transient housing, the maximum floor area ratio (FAR) for all commercial and industrial uses will not exceed 0.40. The limitations are intended to provide assurance that a mix of uses will occur in the Mixed Use Employment zone, and that the entire zone will not become retail. It is also intended to assure that transportation impacts are limited and that the area does not detract from the future development of the Regional Center at Washington Square. This policy is satisfied. 9. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. A request for comments was sent to all City CITs and the Planning Commission hearing was legally advertised. In addition, the proposal was presented at all CIT meetings during November, and two work shops were held and extensive mailings were made to property owners within the Triangle. This policy is satisfied. 10. Housing: Policy 6.1.1 requires the city shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. This policy is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires that the city maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. The City is currently in compliance with this rule. The proposal for a Mixed Use Employment zone will allow further development of high density residential in the Triangle. This will not take the city out of compliance. ~i 14 L- ' 'I 3 COMPLMaNCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: l Procedures for Decision Making: Legislative: Chapter 18.30 establishes procedures for a consideration of legislative changes to the provisions of the Comprehensive Plan, implementing ordinances and maps. Section 18.30.120 lists the factors upon which the Planning Commission and City Council shall base their decisions. The factors and responses are as follows: The statewide planning goals and guidelines adopted under Oregon Revised Statutes Chapter 197. There standards are addressed in these findings. These standards are addressed in Section IV under Statewide Goals' in the staff report dated December 17, 1996. Any federal or state statutes or guidelines found applicable. The applicability of Transportation Planning Rule is addressed in these findings. Applicable plans and guidelines adopted by the Metropolitan Service District. Plans recently adopted by Metro are addressed in these findings. The applicable plans and guidelines adopted by Metro are discussed above under General Policy 1.1(a). The applicable comprehensive plan policies and map. These standards are addressed under 'Compliance with Comprehensive Plan Policies'. The applicable provisions of the implementing ordinances. The proposal is consistent with the city's implementing ordinances which are contained in the Tigard Community Development Code. The implementing ordinances are contained in the Tigard Community Development Code, which are addressed in this section of the staff report. Consideration may also be given to proof of a change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or implementing ordinance which is the subject of the application. This criteria is optional for consideration. Clearly, the area has changed from the time that the existing single-family homes were developed. Traffic has increased dramatically in and around the area and much of the once single family area has redeveloped to commercial. The resulting noise and automobile impacts have made much of the area unsuitable for single-family residential. These circumstances support the proposed changes which recognize that the area is more suited to employment uses. Metro's designation of the area for a mixed use employment center supports our conclusion that a change has occurred which justifies the proposed amendment. a j i i C. AGENCY CONLNIENTS n I. Metro reviewed this proposal and the attached letter dated November 18, 1996 was entered into the record at the Planning Commission public hearing. It should be noted that the letter from Metro recommends that transient housing not be exempted from the 0.40 FAR as is proposed by the Task Force and staff. The reason that an exemption is proposed for transient housing is the recognition that it is appropriate to provide hotel facilities that could service the area as it develops as an employment center. These hotels should have the ability to provide conference facilities and business suites and should not be limited to what would result from the 0.40 FAR limitation. These facilities are seen as providing restaurant, conference facilities and lodging surrounding employment centers and we see no evidence that their inclusion in the zone would detract from the regional center. 2, Washington County reviewed this proposal and had no comment. 3. ODOT has reviewed this proposal and has submitted a letter dated November 18, 1996 that was entered into the public record at the Planning Commission. The letter recommends that the area be identified as an employment center. 4. A letter was received from DLCD on December 2, 1996. That letter was attached to the staff report dated December 17, 1996. A second letter was faxed to the City on December 17, 1996 and was entered into the record as Exhibit A. That letter expresses disagreement with the assumptions of the "unconstrained" scenario that assumes a 0.60 FAR for future development in the Triangle. No evidence is provided from DLCD that outlines why there is disagreement with the assumption. The City has received expert analysis and testimony from Spencer & Kupper and Kittelson & Associates regarding this issue and accepts the validity of the assumptions. ODOT and Metro were also provided these assumptions as part of the information to support the transportation recommendations of the City and neither agency questioned the assumptions provided. The City, therefore, does not agree with DLCD's conclusion that OAR 660-12-060 of the transportation planning rule applies. The City has found through its land use and transportation analysis that impacts on the transportation system will be virtually the same under buildout of the new Mixed Use Employment district and what could be built out under current zoning. With this finding, 060 does not apply in that the planned changes to the Comprehensive Plan will not have a significant impact on the function, capacity and level of service of the transportation system. The record indicates that the principal argument advanced by DLCD in its December 2. 1996, letter, that the TPR applies event though the status quo is being maintained for traffic volumes, was withdrawn by Mr. Richard Benner, Director of DLCD, at a meeting with city staff which took place on December 16, 1996. L. 16 D. DECISION i The City Council APPROVES Comprehensive Plan Amendment CPA 96-0008/ZON 96-0003/ZOA 96-0005 CITY OF TIGARD, OREGON ORDINANCE NO. 96-~11-k j AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE I AMENDMENTS TO THE COMPREHENSIVE PLAN AND AMENDMENTS TO THE COMPREHENSIVE PLAN TRANSPORTATION MAP (ORDINANCE NO. 91-13), ADDRESSING TRANSPORTATION AND ACCESS IMPROVEMENTS TO SUPPORT IMPROVEMENTS TO THE HIGHWAY 217/1-5 INTERCHANGE AND DECLARING AN EMERGENCY. WHEREAS, the applicant City of Tigard has requested certain text amendments to the Comprehensive Plan and certain amendments to the Comprehensive Plan Transportation Map to address transportation and access improvements to support improvements to the Highway 217/I-5 Interchange. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached Final Order. SECTION 2: The specific text and map amendments attached to this Ordinance are hereby adopted and approved the City Council. SECTION 3: The City Council declares that an emergency exists because of the need to provide immediate assurance to ODOT of the City's intentions with regard to improvements related to the redesign of the Highway 217/I-5 Interchange. Therefore, this ordinance shall be in full force and effect upon its passage by the City Council. PASSED: By: f,l04r) IMOtls vote of all Council members present after being read by number and title only, this_l day of 2tCeknhr[ , 1996. Catherine Wheatley, City Ree der L41 APPROVED: By Tigard City Council this -~-C- day of 1996. J mes Nicoli, Mayor ORDINANCE NO. 96-'4,Z Page 1 4 i j r i i i i i i f j I `r . i j l j i i 0 r-. Approved as to form: Attorney i 12/30 13:32 1996 FROM: 503 684 7297 TO: 2473 » PAGE: 5 1 12/30:98 13:28 %TSU3 881 7297 CITY OF TIGAn CITY ATrOR\'EY !9005/013 h Proposed Amendment to Chapter S. Transportation Add a new Policy: 8.1.8 THE CITY SHALL ADOPT THE FOLLOWING TRANSPORTATION IMPROVEMENT STRATEGY a. Highway 99W should be widened to 6 lanes throughout the study area (tool box). This improvement should be constructed in the short term. In the event that widening Highway 99 to six lanes is prohibitive due to physical constraints, the Dartmouth extension could potentially Provide needed northeast-to-southwest travel demand_ b. 72nd Avenue should be widened to four lanes with Ieft turn lanes at major intersections and the Hunziker/Hampton overcrossing should be constructed. These two improvements will provide additional j roadway capacity for circulation within the Triangle and for access to and from the triangle via 72nd Avenue. Construction of the HunzikerfHampton overcrossing would have the additional _ advantages of eliminating geometric deficiencies at the Highway ! 21782nd Avenue interchange; thereby providing further additional capacity at this interchange. For the buildout scenario (2415), these improvements will provide adequate capacity in the vicinity of the Highway 217172nd Avenue interchange. C. The Hampton/Hunziker connection is only justified based on its operational relief to the 72nd interchange. Further study should j be conducted to examine alternative measures to relieve this j situation in a more cost effective way. Further study may indicate that extending Hampton further southwesterly (to connect with Hall j Boulevard in the vicinity of McDonald Street) may better accommodate projected travel demand. Short of constructing this structure, a direct ramp instead of a loop ramp from southbound 72nd Avenue to northbound Highway 217 would provide additional capacity in the vicinity of the Highway 217172nd Avenue interchange. d. Access from Dartmouth to northbound Highway 217 s4sald-13e :FOFn the is critical to Tigard Triangle traffic circulation, therefore, it should be studied as part of the Highway 217 corridor analysis to be ! perfonned by ODOT and Metro. Under existing conditions, there is EXHIBIT I _12/30 13:33 1996 FR04: 503 884 7297 T0: 2473 PAGE 1/30/98 13:29 0303 684 T29T CITY OF TIGARD CITY ATTORNEY 1 6 !0008/013 significant roadway congestion near the Highway 99W/Highway 217 interchange. Construction of the Dartmouth Extension and access to northbound Highway 217 would mitigate congestion at this interchange because motorists in this area of the Tigard Triangle would have the option to access northbound Highway 217 from Dartmouth or Highway 99W_ e. Analysis indicates that there is a long term (20-30 years) need for Dartmouth Road to continue over Highway 217 and potentially south to Hall Boulevard as well as for extending the collector- distributor roads from the Highway 217f72nd Avenue. interchange through the Highway 21711iighway 99W interchange. The Highway 217 corridor analysis to be performed by Metro and ODOT should consider the advantages and disadvantages of these improvements. The Dartmouth extension to Hall Boulevard should be constructed only if further system improvements to H211 Boulevard are made concurrently. If additional capacity is not added to Hall Boulevard south of where the Dartmouth extension would be connected, the effectiveness of this connection would be diminished. Alternatively, another roadway could be constructed that provides a connection from the Dartmouth extension to Hall Boulevard in the vicinity of McDonald Street f. Adopt the functional classification plan for streets internal to the Tigard Triangle as shown on Figure 1. The following policies apply to local streets within the Tigard Triangle: 1. Local street spacing shall be a maximum of 660 feet 2. Access way spacing shall be a maximum of 330 feet 3. Spacing of signalized intersections or. Major Arterials shall be a minimum of 600 feet 4. Existing rights of way will, to the greatest extent possible, be utilized for a local street system. Right of way vacations will considered only when all other policies in this subsection are met g. The transportation projects described in this section should be added to the City of Tigard's Transportation System Plan. The City, ODOT and Metro should work to include these improvements in regional and state implementation programs. _i _ 12/3,...,._ 0 13:33 1988 FROM: 503 884 7287 T0: 2473 PAGE: 6 3 12/30/96 13:29 %2503 684 7297 CITY OF TIGARD CITY ATTO&NEY 14006/013 S U 1 i i w' significant roadway congestion near the Highway 99W/Highway 217 interchange. Construction of the Dartmouth Extension 4nd access to northbound Highway 217 would mitigate congestioil at this interchange because motorists in this area of the Tigard Triangle would have the option to access ne rh!:=,- d !-!gh-.:;z 2.7 ;rem Dartmouth or Highway 99W. e. Analysis indicates that there is a long term (20-30 years) need for Dartmouth Road to continue over Highway 217 and potentially south to Hag Boulevard as well 29 for extending the collector- distributor roads from the Highway 217/72nd Averue.interchange through the Highway 2171Highway 99W interchange. The Highway 217 corridor analysis to be performed by Metro and ODOT should consider the advantages and disadvantages of these improvements. The Dartmouth extension to Hall Boulevard should be constructed only if further system improvements to Hall Boulevard are made concurrently. If additional capacity is not added to Hall Boulevard south of where the Dartmouth extension would be connected, the effectiveness of this connection would be diminished. Alternatively, another roadway could be constructed that provides a connection from the Dartmouth extension to Hall Boulevard in the vicinity of McDonald Street f. Adopt the functional classification plan for streets internal to the Tigard Triangle as shown on Figure 1. The following policies apply to local streets within the Tigard Triangle: 1. Local street spacing shall be a maximum of 660 feet 2- Access way spacing shall be a maximum of 330 feet 3. Spacing of signalized intersections or. Major Arterials shall be a minimum of 600 feet 4. Existing rights of way will, to the greatest extent possible, be utilized for a local street system. Right of way vacations will considered only when all other policies in this subsection are met g. The transportation projects described in this section should be added to the City of Tigard's Transportation System Plan. The City, ODOT and Metro should work to include these improvements in regional and state implementation programs. >I J F i c • A ` AAT l,t l 1' =wool O iw Ar,.,.urr 11-00, a ♦ r r. I 1 F ice, ~ Y I - i to Draft x I NaT'°3: Zt /~~`~r~'!VM rye 1:17 . /c<c[,3 vwi si•<.uy ra~,.v vr< iie fr3;- . ♦c<:~s s ~er..~ e,. OnA-•v Burr .uo'2 i° NtE.2J CC T,p'JC S~roA. S,e..f.. tJ .CO ( I Tigard Triangle Street Plan i T-V7 CitvOfIII. ooor 7--7104- 6 3rd cam.,:.. cam.' ooR J CITY OF TIGARD CITY COUNCIL n FINAL ORDER HIGHWAY 217 INTERCHANGE VICINITY TRANSPORTATION LNIPROVENIENTS A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A LEGISLATIVE COMPREHENSIVE PLAN Ati1ENDMENT ADDRESSING TRANSPORTATION AND ACCESS IMPROVEMENTS TO SUPPORT IMPROVEMENTS TO THE HIGHWAY 217/I-5 INTERCHANGE. A. FACTS 1. General Information CASE: COMPREHENSIVE PLAN AMENDMENT CPA 96-0008 REQUEST: A request for approval of legislative amendments to Comprehensive Plan text and amendments to the Comprehensive Plan Transportation Map (Ordinance No. 91-13). This application includes two specific requests. First, the deletion of existing text from Comprehensive Plan, Volume 11, Urbanization Section 11.4.2 which has become outmoded because the road improvement proposed in that text has now been constructed. Second, I a description of improvements to streets and access in the vicinity of the I-51217 Interchange which has been requested by the Oregon Department of Transportation to be included within the Tigard Comprehensive Plan and Comprehensive Plan Transportation Map by September of 1996. This request has been made by ODOT and METRO in order to assure that the projects would be permitted and to assure that Tigard's plans were coordinated with those of METRO and ODOT before those agencies proceeded with amendments to the Regional Transportation Plan to provide for these improvements. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 OWNER: Various LOCATION: In the vicinity of Highway 217, Interstate 5 and State Highway 99 West in the City of Tigard. Page - 1 2. Vicinity 1 ! The proposal affects the street system and access in the vicinity of the I-5/217 interchange and nearby portions of State Highway 99 West. 3. Background Information: Purpose of Study Through an extensive process of study and analysis ODOT, in cooperation with Tigard, Lake Oswego, Washington and Clackamas counties, completed a sub-area plan for transportation improvements in the vicinity of the Highway 217 interchange with I-5. A series of local improvements were identified by the study that would serve to protect the integrity and longevity of the public investment in the interchange. On March 1, 1996 ODOT, through its regional manager Bruce A. Warner, stated that, "improvements to the streets and access to the area of Tigard bounded by I-5, Highway 217, and Highway 99W the so-called Tigard Triangle are key elements in the recommendation of the sub-area study." Mr. Warner discussed this matter with Tigard's mayor and City staff and obtained an agreement that the City would amend its Transportation Plan by September 1996. In February of 1996 the City Council authorized the staff to engage consultants to j assist in analyzing transportation issues, coordinate with ODOT and METRO, and r, develop amendments to the Comprehensive Plan that would satisfy the agreement with ODOT and the conclusion of DLCD that "it is necessary for the City to amend its Transportation Plan to provide these transportation facilities Letter of Eric ! Jacobson, February 12, 1996. With the assistance of the consulting team, a task force was formed made up of representatives of area residents, business owners, developers, ODOT and METRO. i The task force and consultants studied transportation issues and problems in the 1-5/217 interchange and Pacific Highway areas. There analysis was based upon traffic volumes expected in 2015 based upon the volume of trips on the regional system and based upon the trips expected to be generated by development in the Tigard Triangle area under its current Comprehensive Plan and zoning designations (or amendments to those designations which would generate no greater level of traffic than the existing designations). The transportation impacts on the system from development within the Tigard Triangle was determined based upon estimates of the development that could be achieved under the existing zoning, assuming a Floor Area Ratio (FAR) of 0.60. The analysis also examined the effects of development at a lower FAR (the so-called "constrained" analysis) but we have accepted the opinion of the project expert that an FAR of 0.60 is the correct estimate. Page - 2 a. The outcome of the work by the Task Force and the consultants was the identification of several road and access improvement projects to serve regional and local traffic through the planning period. These projects are described by ODOT as the "toolbox" projects, presumably because they were tools that could be employed to improve the transportation system. As documented in Exhibit B to the staff report and presented to the Council at its December 17, 1996 hearing, the consulting firms of Kittelson and Associates and Spencer and Kupper analyzed previous studies, interviewed current property owners and developers in the Triangle and applied current and future development trends to establish findings on the impacts of development on the transportation system. The thrust of the analysis was to determine with more specificity than occurs in the current Comprehensive Plan, what transportation improvements, or options for improvements, would be necessary in order to accommodate the transportation needs generated by current acknowledged Comprehensive Plan and the additional impacts being created by increasing use of the regional system in the vicinity of Tigard. Background Information: Tmns nation Analysis of 2015 uildout Development Concept Using traffic volumes expected to be generated by the land uses already permitted by the acknowledged Comprehensive Plan (or land use designations producing the same traffic impact), a transportation analysis of the Development Concept shown in Table 1 of the staff report was undertaken utilizing the Metro forecasting model. The analysis assumed a "worst case" condition that full buildout would be achieved by 2015. The Base Case transportation network improvements included the items identified as "toolbox" items in the I-5/Highway 217 project. The "toolbox" is a set of recommendations that were developed by a large regional committee that examined ways to improve the function and capacity of the I-5/Mghway 217 interchange. The recommended list of projects are commonly called the "toolbox" and were accepted by the Oregon Transportation Commission. Included in those recommendations are: 6 lanes on Highway 99W between I-5 and the Highway 99W/Highway 217 interchange; • d lanes (with left turn pockets at intersections) on 72nd between Highway 217 and Highway 99W; • the proposed improvements to the I-5/Highway 217 and Highway 217/72nd Avenue interchanges; Page - 3 A i t the proposed bridge connection across Highway 217 between Hampton and I Hunziker Streets; and The second scenario (Dartmouth Extension scenario) considered included the above improvements and: the Dartmouth overcrossing of Highway 217 to Hunziker; and `aoJ • extension of collector-distributor roads from the Highway 217/72nd Avenue interchange intersecting with the Dartmouth Avenue overcrossing and extending through to the Highway 217/Highway 99W interchange. 2015 p.m. peak hour traffic volume forecasts were developed for each of two possible transportation networks. Under the Base Case scenario, (Figures 1 and 2 describe Base Case traffic volumes and Volume to Capacity (V/C) ratios) it is predicted that with construction of the Hunziker to Hampton over-crossing approximately 500 vehicles will use this structure during the weekday p.m. peak hour. Further approximately 750 motorists will use Dartmouth Street west of 72nd Avenue. East of 72nd Avenue traffic volumes on Dartmouth Street will vary as a function of the location of development. In the vicinity of Highway 99W approximately 1,000 motorists will travel on Dartmouth Street; closer to 72nd Avenue this volume decreases to approximately 350 p.m. peak hour motorists. As compared to the Base Case scenario, the second scenario included constructing the Dartmouth Extension overcrossing of Highway 217 (See figures 3 and 4 for traffic volumes and V/C ratios). This scenario also included extending the collector- distributor road system from the 72nd Avenue interchange through to the Highway 99W interchange. Approximately 1,700 vehicles will use the Dartmouth Extension overcrossing north of Highway 217; and approximately 850 motorists will use this interchange west of Highway 217. The forecasts indicate that approximately 500 motorists would use the Dartmouth Extension overcrossing to gain access to the collector-distributor road intersecting with Highway 99W. In this way motorists could avoid congestion at the Highway 99W/Highway 217 interchange. With construction of the Dartmouth Extension overcrossing, traffic volumes on Dartmouth Street are forecast to increase relative to the Base Case. West of 72nd Avenue, approximately 1,500 motorists will travel on Dartmouth Street. Immediately east of 72nd Avenue, the traffic volumes grow to approximately 1,200 p.m. peak hour trips. In both the Base Case and the Dartmouth extension scenario, traffic volumes on Highway 99W will be approximately 3,000-3,300 vehicles by direction during the forecast 2015 weekday p.m. peak hour. The Dartmouth Extension would divert approximately 300 vehicles per hour from Highway 99W in the peak direction during the peak hour. Page - 4 u L One option examined in this analysis was that Highway 99W would be widened to six lanes (as described in the "toolbox"). This widening would likely result in significant disruption to many businesses along Highway 99W. Another option was also identified and examined. A sensitivity analysis was conducted to determine the effectiveness of the Dartmouth Extension to eliminate the need for this widening of 99W. Accordingly, this analysis indicated that, with a four-lane Dartmouth Extension. Highway 99W could potentially operate marginally acceptably in its current configuration. Without the widening of Highway 99W, the Dartmouth Extension would carry as much as 2,000 vph in the peak direction. Therefore, if physical constraints prohibit the widening of Highway 99W to six lanes as assumed in this analysis, the Dartmouth Extension would play a substantially more significant role in relieving future traffic congestion through Tigard. 5. Background Information: Task Force Conclusions Based on the assumed buildout of the Tigard Triangle under current zoning with a 0.60 FAR (or under Mixed Use Employment designation with a 0.40 FAR cap), analysis of 2015 buildout conditions indicate the following conclusions: (1) Six lanes on Highway 99W are necessary, and best serves east/west travel demand (already assumed in the tool box). Even so, Highway 99W will still operate over capacity. The demand in this corridor will exceed the capacity even at 6 lanes. If widening of Highway 99W is prohibited due to physical constraints, there would be a substantially greater need for the Dartmouth extension. i (2) 72nd Avenue within the Tigard Triangle needs to be four lanes with turn lanes I (already assumed in the "toolbox"). (3) The Tigard Triangle is most deficient in its northbound access to Highway 217 at the Highway 99W interchange. I (4) The Dartmouth connection to Highway 217 would directly divert 400-500 vehicles per hour (vph) from Highway 99W and from the Highway 99W/217 interchange to the Dartmouth extension access to the collector-distributor road and access to Highway 217. (5) The Dartmouth extension would carry about 1,000 vph westbound (east of Highway 217), and about 700 vehicles eastbound (east of Highway 217). Page - 5 J ® ; (6) Model estimates indicate that about 225 vph would travel through on Dartmouth from Interstate 5 to Hall Boulevard (each direction during the peak hour). (7) With the Dartmouth extension, Hall Boulevard south of Hunziker would need to be widened to 4 lanes. Alternatively, additional north-south capacity would need to be provided in another alignment. Without this additional north-south capacity, the effectiveness of the Dartmouth extension would be diminished. (3) Including the Dartmouth Extension, the Hampton/Hunziker connection would carry about 250 vph in the southbound direction, which is probably insufficient to justify the relatively high cost of this connection. However. this connection will relieve operational and geometric deficiencies at the 72nd/Highway 217 interchange. Further study should be conducted to determine whether Hampton could be extended further southwestward to connect with Hall Boulevard in the vicinity of McDonald Street. This connection would likely make greater use of the Hampton/Hunziker connection; moreover, this connection would likely divert a portion of through volumes from Highway 99, relieving capacity constraints in that critical corridor. (9) The results of this analysis indicate that the proposed comprehensive plan and development regulation amendments for use designations with the Tigard r~ Triangle do not result in significant changes to trip generation currently allowed by existing plan and code regulations which they replace. The proposed changes therefore would not significantly affect planned transportation facilities. (10) The "toolbox" projects prescribed for the Tigard Triangle roadway system necessary to serve development under existing plan and zoning will accommodate the proposed mixed use land uses at acceptable service levels. (11) It is the conclusion of the transportation analysis that an additional connection to northbound Highway 217 may be needed to accommodate development under existing plan and code requirements and may be required for the proposed plan and code amendments and should be the subject of further study. i j !1 Based upon these conclusions the following recommendations were forwarded to the City Council with respect to the 2015 transportation network needs to accommodate regional trips on the system and trips generated by new development under the land uses currently specified in the acknowledged Comprehensive Plan: (1) Highway 99W should be widened to 6 lanes throughout the study area (as proposed tool box). This improvement should be constructed in the short tern. In the event that widening Highway 99 to six lanes is prohibitive, the Dartmouth extension could potentially provide needed northeast-to-southwest travel demand. (2) It is recommended that in the near future, 72nd Avenue be widened to four lanes with left turn lanes at major intersections and that the Hunziker/Hampton overcrossing be constructed. These two improvements will provide additional roadway capacity for circulation within the triangle and for access to and from the triangle via 72nd Avenue. Construction of the Hunziker/Hampton overcrossing would have the additional advantages of eliminating geometric deficiencies at the Highway 217/72nd Avenue interchange; thereby providing further additional capacity at this interchange. For the buildout scenario (2015), these improvements will provide adequate capacity in the vicinity of the Highway 217/72nd Avenue interchange. (3) The Hampton/Hunziker connection is only justified based on its operational relief to the 72nd interchange. Further study should be conducted to examine alternative measures to relieve this situation in a more cost effective way. Further study may indicate that extending Hampton further southwesterly (to connect with Hall Boulevard in the vicinity of McDonald Street) may better accommodate projected travel demand. Short of constructing this structure, a direct ramp instead of a loop ramp from southbound 72nd Avenue to northbound Highway 217 would provide additional capacity in the vicinity of the Highway 217/72nd Avenue interchange. (4) Access from Dartmouth to northbound Highway 217 should be constructed in the intermediate term (10-15 years) pending results from the Highway 217 corridor analysis to be performed by ODOT and Metro. Under existing conditions, there is significant roadway congestion near the Highway 99W/Highway 217 interchange. Construction of the Dartmouth Extension and access to northbound Highway 217 would mitigate congestion at this interchange because motorists in this area of the Tigard Triangle would have the option to access northbound Highway 217 from Dartmouth or Highway 99W. i . (5) The analysis indicates that there is a long term (20-30 years) need for amouth Road to continue over Highway 217 and potentially south to Hall Drt i Boulevard as well as for extending the collector-distributor roads from the Highway 217/72nd Avenue interchange through the Highway 217/Highway 99W interchange. The Highway 217 corridor analysis to be performed by Metro and ODOT should consider the advantages and disadvantages of these improvements. The Dartmouth extension to Hall Boulevard should be constructed only if further system improvements to Hail Boulevard are made concurrently. If additional capacity is not added to Hall Boulevard south of where the Dartmouth extension would be connected, the effectiveness of this connection would be diminished. Alternatively, another roadway could be constructed that provides a connection from the Dartmouth extension to Hall Boulevard in the vicinity of McDonald Street. (6) These projects should be added to the City of Tigard's Transportation System Plan. The City, ODOT and Metro should work to include these improvement: in regional and state implementation programs. (7) Tigard Triangle Internal Circulation: Within the Tigard Triangle, it has been assumed that a roadway system would be developed to accommodate the proposed land use patterns. This transportation network is schematically represented in the staff report in attached figure 5. These provisions should be adopted and incorporated into the transportation element of the Comprehensive Plan. i 6. Issue Before Council The issue before the City Council is whether to adopt, reject or modify these proposals. Consideration of this matter is separate and independent from the matter which was heard concurrently, whether to adopt new land use designations for the Tigard Triangle. Whether or not new Tigard Triangle land use designations are adopted. ODOT has requested amendment of the Comprehensive Plan to include the "toolbox" projects and options. Because the existing Tigard Triangle land use designations and the proposed designations yield the same traffic impacts we can consider the proposed amendments to the transportation text of the Comprehensive Plan and the Transportation Map independently of whether we approve or reject the proposed land use amendments. y i. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Goals 1. 2. 9, 11, 12 and 13: Oregon Administrative Rule 660-12; Comprehensive Plan Policies 1.1.1, 2.1.1 and 6.1. 1, 6.6.6.. 8.1.1, 8.2.2. 9.1.1, 9.1.3, 12.1.1 and 12.2.1 and Community Development Code Chapter 18.22 and 18.32. STATEWIDE GOALS Citizen Involvement: Goal 1 requires a citizen involvement program that ensures the opportunity for citizens to be involved in the planning process. Tigard Comprehensive Plan Policy 2. 1.1 and Tigard Community Development Code Chapter 18 provide for citizen participation and notice. Notice of the Planning Commission and City Council hearings and opportunity for response was advertised in the local newspaper and request for comments were sent to all CITs and the Department of Land Conservation and Development. The proposals were the subject of public hearings before the Planning Commission and City Council which included citizen testimony. That testimony was considered in reaching a final decision. Information was mailed out to all property owners within the Triangle as it was available regarding workshops and other actions being considered. In addition, the proposal was presented to the CITs. :-1 Additionally, two public open houses were held, one in August and one in October of 1996. This goal is satisfied. 2. Land Use Planning: Goal 2 requires, in part, that adopted comprehensive plans be revised to take into account changing public policies and circumstances. These amendments respond to the large scale planning effort undertaken by multiple agencies to redesign and rebuild the Highway 217/1-5 Interchange. Finally resolving the design issues between various governmental interests has been a major achievement of ODOT. Agreement on this design represents a major change in circumstances in the area. These amendments respond to that design process by placing specific reference in Tigard's Comprehensive Plan to those projects which ODOT feels are necessary in order to protect the public's investment in improvements to the Interchange. Goal 2 also requires that land use plans must be the basis for specific implementation measures and that those measures must be consistent with and adequate to carry out the plans. ODOT has requested the inclusion of the proposed amendments in the Comprehensive Plan in order to provide recognition that the projects are permitted within the City and not prohibited by the Comprehensive Plan. Inclusion of the projects in the Plan provides the basis for implementation. Page - 9 l \ Actual construction of the improvements will require future implementation measures to be developed and coordinated action between the City, regional and state agencies. By adding these amendments, the City is facilitating specific implementation steps that would be taken by ODOT and METRO in the future in order to bring the projects to reality. The record of this case reflects the City's intention to support those agencies in amending the Regional Transportation Plan, garnering funding, obtaining right of way and constructing the project. The City will also coordinate future implementation measures as they are developed. Goal 2 also requires that the plan and related implementation measures shall be coordinated with the plans of affected governmental units. The initial step required in coordination is to engage in an exchange of information between the planning jurisdiction and affected governmental units, or at least invite such an exchange. The record demonstrates that the city has complied with this requirement. The process has included contacts with Washington County, Metro, and ODOT. Washington County had no comment but Metro and ODOT were included in the task force which guided the work of consultants and staff. The record indicates that Metro and ODOT exchanged information with city staff and consultants, expressed their concerns, preferences and cooperatively developed factual information used to evaluate the proposal. The second aspect of coordination is to use the information provided by effected jurisdictions to balance the needs of all governmental units as well as the needs of the citizens in developing the plan. The outcome of the work of the task force was a recommendation, supported by ODOT and Metro, to adopt the amendments before us for consideration. In enacting the amendments we are therefore not taking unilateral action inconsistent with the desires of those units of government. The balancing of interests aspect of the coordination requirement is therefore met. Goal 2 also requires the identification of issues and problems for each applicable statewide planning goal and evaluation of alternative courses of action and ultimate policy choices. As the text of these findings documents, the city council undertook identification of issues and problems, evaluated options and made the ultimate policy choice. Page - 10 i 3. Economic Development: This Goal has been met because the amendments are designed to allow j transportation improvements which will support continued opportunities for a variety of economic activities in the vicinity of the I-5/217 Highway Interchange which are vital health, welfare and prosperity Tigard citizens. Providing additional specificity in the Comprehensive Plan regarding the transportation improvements to support development in the area will contribute to a stable and healthful economy because it will lay the groundwork for rational economic planning. Improvements described in these amendments, according to ODOT, will protect the capital state's investment in improvements to the Interchange. Maintaining the workability of the Interchange is critical to the region's economy because of the important role the Interchange plays in moving goods and services within the region i and the state. By adopting these amendments City will play a roll in continuing to provide adequate opportunities in Tigard and throughout the state for a variety of economic activities which are vital to the health, welfare and prosperity to Oregon's ! citizens. The alternative is not a good policy choice. By failing to act on these amendments we would leave METRO and ODOT in doubt as to whether the City will play a responsible role in supporting improvements to the Interchange. A failure to act would no doubt slow down progress towards improvement of the Interchange and therefore undermine the interests which are protected by Goal 9. We therefore conclude that taking action to adopt the proposed amendments is consistent with Goal 9. 4. Public Facilities and Services: Goal 11 calls for the planning and development of a timely, orderly and efficient arrangement of public facilities and services. The proposal before us does not violate the Goal because it does not create additional impacts on the transportation system. Rather, it identifies options for improvements to the transportation system to accommodate the level of impact which will arise from the acknowledged land use designations in the area. The amendments are based upon maintaining the status quo with respect to impacts on transportation facilities. Other facilities and services will not be negatively affected by the proposal. There is no dispute on this point on the record before us. Page - 1 I x. I~ 1 5. Transportation: Goal 12 requires a safe, convenient and economic transportation system. A. Consideration of the Problem and Poli y Choices: The problem presented to the Task Force and its predecessors in transportation planning for the area is to identify the system improvements that will be required to accommodate regional and local needs at the level of impact generated by the land use designations that currently appear in the acknowledged Comprehensive Plan, or the equivalent. We conclude from the record that several alternatives are before us. We could leave the Comprehensive Plan unamended. A major consequence of such an action would be to leave METRO and ODOT planners with uncertainty with respect to whether Tigard's Comprehensive Plan would prevent improvements to the transportation system which would protect the state's investment in improvements to the I-5/217 Highway Interchange. Clearly the City has been urged by involved agencies to act on these amendments. • On January 10, 1995, Laurie Nicholson, Transportation Planner with ODOT, _^1 stated by letter, "We suggest that the best method to demonstrate compliance J with the this rule (TPR) is to adopt the recommendation of the I-5/217 subarea plan and the Western Bypass study in the city's transportation plan • On February 12, 1996, Eric D. Jacobson, Transportation/Land Use Planner with ODOT, stated by letter, "It is necessary for the city to amend its transportation plan to require and allow the roadway projects necessary to support the planned land uses identified in the Tigard Triangle Update Study and the I-5/217 studies, such as widening Highway 99W to six lanes, either prior to, or concurrent with, land use changes permitting more intensive development in the Tigard Triangle." • On March, 1, 1996, Bruce Warner, P.E., Region 1 Manager wrote Anna Russo, Program Development Manager, Department of Land conservation and Development, and stated "The adoption of local transportation systems plans or systems plan amendments by local governments in the vicinity of the I- 5/217 interchange that incorporate the recommendations of the subarea study is of great interest to ODOT" ..."I have talked to the Mayor and city staff and they assured me that they will immediately start a process to consider all of the transportation system improvements and amend their transportation plan by September, 1996. I support their process and am comfortable with their Page - 12 j I i i 4 f f E J commitment. in other words, Region 1 will work with the city to assure that their system plan adequately deals with the transportation demands and protects the safety and capacity of our plans to improve the interchange of I-5/Highway 217 In addition to these requests, the record reflects the fact that the I-5/217 subarea plan, which includes the "toolbox", was adopted by the Oregon Transportation Commission in 1996. Their recommendations were forwarded to the METRO Council which took action this past summer. Specifically, the Council adopted the I-5/217 intersection portion of the subarea plan. ODOT is currently completing final design of the interchange. METRO staff was directed, by resolution, to work with local jurisdictions, specifically Tigard, on adopting the subarea improvements that are identified in the I-5/217 subarea plan. METRO is committed to work with local jurisdictions in adopting the recommendations into local plans. Based upon these considerations we reject the option of taking no action. This would be contrary to development of a coordinated transportation plan for the region. It would frustrate the planning efforts of ODOT and METRO. Another option would be to direct further study assuming even greater transportation impacts based upon the possibility of more intense land uses in the Tigard Triangle. We are mindful of the fact that the current land use designations have no limit on FAR. Development could. therefore, theoretically take place at a higher FAR than 0.60 under existing land use designations. We are convinced, however, by the weight of the evidence in the record that an FAR of 0.60 is the proper basis for planning. This point is disputed by DLCD staff in their letter of December 17, 1996 which states: "We disagree with the assumption that existing zoning will result in buildout averaging 0.60 Floor Area Ration (FAR)". While it is possible under our code to build at a higher FAR than 0.60, DLCD apparently believes that development will take place at less intensive levels. If they are correct, the analysis supporting recommendations before us indeed present a worst case scenario. It is, therefore, not necessary, based upon DLCD's comments, to have these matters reanalyzed for the possibility for more intense development. DLCD and our consultants agree this is not likely to happen. We therefore conclude that it is not necessary to send this matter back for further study of the effects of more intense land use development. We also have the option of asking for more study of the level of improvements necessary to accommodate a less intensive development than will be generated at an FAR of 0.60 under the current land use designations. The issue here is whether we should rely upon the evidence provided by Mr. John Spencer or that provided in DLCD's letter of December 17, 1996. Mr. Spencer offered the opinion that an FAR of 0.60 was the appropriate assumption for analysis of the intensity of development Page - 13 v i i i 4 i f ~ } i i I t E Er. i f i f i l i ; k F J that should be expected under current land use designations. ivlr. Outman of DLCD wrote to us that he disagreed with that assumption. When an assumption is disputed we must consider which evidence to rely upon.` Based upon our review of the record we find that the floor area ratio estimate provided by Spencer and Kupper is the most credible and reliable evidence. Mr. Spencer appeared at our hearing and explained the basis upon which he recommended the use of that number. His opinion was based upon his professional expertise as well interviews with owners and developers in the Triangle and his knowledge of levels of development in other similar areas in the region. We found him to be a credible witness with strong credentials. In opposition to his opinion we have only the written statement that "we disagree", without any further explanation. No representative of j DLCD appeared before us and therefore we were unable to inquire further into their analysis or to compare their testimony and credibility with the live witness that ' appeared before us. We therefore accept the expert opinion of Mr. Spencer that a 0.60 floor area ratio is the correct assumption to make regarding intensity of development in the Triangle over the planning period. s ! The final option under consideration is the adoption of the recommendations which have been placed before us. We conclude that this is the superior policy choice. This option will contribute to coordination of transportation planning in the region. It also will not create energy and environmental impacts exceeding those anticipated by the land use designations in the acknowledged Comprehensive Plan. Identification of these transportation projects and options will support the social and economic objectives supported by the existing acknowledged Comprehensive Plan. i ! B. Other Goal 12 Issues: l In addition to its December 17, 1996 letter, DLCD sent a communication to us dated December 12, 1996. The threshold argument in the letter, that OAR 660-12-060 can trigger the application of the Transportation Planning Rule to a proposal which j maintains the status quo, was waived by DLCD Director Richard Benner in a meeting with Tieard staff which took place on December 16, 1996. That fact is confirmed by the subsequent communication which abandons this argument. Based upon this waiver we have not asked for additional information from DLCD or others on this point. No other assumption, methodology or data is in dispute on the record before us. Page - 14 -l J While this threshold argument has been waived, and the December 16 letter appears to be directed at the proposed changes to land use designations in the Tigard Triangle. we will nevertheless address some of the other points in the letter because thev make reference to the "toolbox" projects. I 1. Transportation Panning Rules OAR 660-12-060 i The TPR requires us to first determine whether a plan or lard use regulation amendment "significantly affects" a transportation facility. OAR 660-12-060(2) f reads: A plan or land use regulation amendment significantly affects a transportation facility if it.- (a) Changes the functional classification of an eristing or planned transportation facility; (6) Changes standards implementing a functional classification system; (c) Allows types or levels of land uses which would result in Levels of trave or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. We find that subsections (a), (b) and (c) do not apply to the proposal before us. The transportation amendments do not change the functional classification or standards for any transportation facility. All of the affected facilities are currently designated appropriately for the changes contemplated by this proposal. Nor do the amendments allow levels of travel or access inconsistent with the functional classification of any transportation facility. With respect to subsection (d) we find that the transportation amendments will not reduce the level of service of any transportation facility below levels of service identified in our Transportation Plan. On the contrary, we find that the recommended transportation improvements will improve service levels of the affected transportation facilities under any land use scenario. To the extent that any of the actions in the proposal might be held to "significantly affect" a transportation facility under OAR 660-12-060(2), we take notice of the fact that we have adopted Order No. . and have found that land uses in the tigard Triangle are limited in a fashion that complies with OAR 660-12-060(1). We also ® j Page - 15 M i~ take notice of other provisions in our Code which limit land uses, and contain design standards intended to assure that allowed uses are consistent with function, capacity and level of service of all affected transportation facilities. For example, Section 18.32.050.B.5 mandates that applications for development approval must submit a transportation impact study that must propose the improvements necessary to meet City standards and minimize the impact of the project on public facilities systems. Development in the Triangle, as limited, will not produce transportation effects exceeding the current designations. We have therefore appropriately limited uses under OAR 660-12-060(1)(a). 2. Coordination As a preliminary factual matter the December 12, 1996 DLCD letter agrees with the evidence presented by consultants retained by the City that the proposals being considered by City maintain the status quo with respect to traffic generation effects on the transportation system. There is no claim in the record before us that inclusion of the "toolbox" projects in the Comprehensive Plan will increase the impacts of the automobile on the transportation facilities over that which would be caused by the existing Comprehensive Plan.2 DLCD argues that by adopting the "toolbox" projects now, the City Plan will be uncoordinated with regional and statewide transportation plans which do not yet include these projects. DLCD's contention is that local jurisdictions may take no action to include projects in their Comprehensive Plan until those projects are included in the Regional Transportation Plan. In its letter of December 17, 1996 ODOT maintains that it is the proposed amendments to the land use designations within the area of the Tigard Triangle, and not the transportation project amendments, which significantly affect a transportation facility and trigger the provisions of the TPR. In our Final Order regarding the land use amendments to the Tigard Triangle. we decline to adopt DLCD's analysis of reasoning. Their contention is that the proposed amendments to the land use designations would create traffic impacts exceeding the status quo because they predict a lower intensity of buildout than the 0.60 FAR predicted by the consultants. For other reasons described in this Order, and in the Tigard Triangle Final Order. we agree with the evidence presented by the consultants and adopt as fact the expert opinion that the traffic volumes produced by the proposed land use amendments will not create an increase in traffic that will significantly affect the transportation facility. The dispute over this point does not change the fact that the record contains no contention that the proposed transportation amendments create transportation impacts which would trigger application of the Transportation Planning Rule under OAR 660-12-060(1). Page - 16 Our effort to coordinate has included seeking out opinions of affected agencies as well as taking those opinions into account in adopting proposed amendments. In fact, adoption of the proposed amendments is consistent with the wishes of ODOT and ti1=0. We understand this to meet the requirements of Goals 12 and 2. If the TPR requires more stringent coordination, that requirement would not apply in this case because it is undisputed in the current record that the amendments before us preserve the status quo. The amendments, therefore, do not significantly affect the transportation system. 3. Funding DLCD also contends that Goal 2 is violated because "money does not exist" for construction of the identified projects. Our staff has been unable to identify any other jurisdiction which has been asked to meet this standard. Nforeover, the current Comprehensive Plan could not have been acknowledged by LCDC if Goal 2 required the existence of funding for all infrastructure projects required to implement the Plan. This requirement does not appear to be mandated by Goal. 2. 4. Specific and Adequate Implementation vieasures DLCD also contends that the absence of the "toolbox" from the Regional Transportation Plan, coupled with the non-existence of funding for the projects violates Goal 2's requirement that plans provide a basis for ecific implementation measures and that the implementation measures are adequate. We have addressed this subject under our discussion of Goal 2. As our understanding of ODOT's request that the City provide Comprehensive Plan language that would serve as the policy basis for future specific implementation measures. Not all of the implementation measures for construction of the Interchange and the supporting projects are known at this time. When they are known, the City will adopt specific implementation measures which are consistent with and adequate to carry out the policy choice which has been identified by adoption of the transportation improvements described in the proposal before us. C. Conclusion: Based upon the foregoing discussion we conclude that adoption of the proposal is consistent with Goal 12. ti. Ener--v Conservation: Goal 13 requires that land and uses be developed to maximize the conservation of all forms of energy. The proposal will not affect land uses within the area. Those Page - 17 uses have been acknowledged as being in compliance with Goal 13 and the proposed road improvements will support that arrangement of land uses. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES 7. General Policies: The proposal is consistent with statewide planning Goals as addressed above under "Statewide Goals". S. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. A request for comments was sent to all City CITs and the Planning Commission hearing was legally advertised. In addition, the proposal was presented at all CIT meetings during :November, and two work shops were held and extensive mailings were made to property owners within the Triangle. This policy is satisfied. COMPLIANCE WITH CONEVIITINM DEVELOPMENT CODE SECTIONS: Procedures for Decision Nlakin2: Legislative: Chapter 18.30 establishes procedures for consideration of legislative changes to the provisions of the Comprehensive Plan, implementing ordinances and maps. Section 18.30.120 lists the factors upon which the Planning Commission and City Council shall base their decisions. The factors and responses are as follows: 1. The statewide planning goals and guidelines adopted under Oregon Revised Statutes Chapter M. These standards are addressed in these findings. 2. Any federal or state statutes or guidelines found applicable. The applicability of Transportation Planning Rule is addressed in these findings. 3. Applicable plans and guidelines adopted by the Metropolitan Service District. METRO's functional plan is not yet applicable. 4. The applicable comprehensive plan policies and map. These standards are addressed under "Compliance with Comprehensive Plan Policies". 5. The applicable provisions of the implementing ordinances. The proposal violates no applicable implementin.- ordinance. 6. Consideration may also be given to proof of a change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or implementing ordinance which is the subject of the application. I I Li Page - IS L The major change is the development of a plan for improvement of the 217/I-5 Interchange as described in this Order. J A. AGF\CY CO'vVVIENTS 1. Metro reviewed this proposal and the attached letter dated November 18, 1996 was entered into the record at the Planning Commission public hearing. 2. Washington County reviewed this proposal and had no comment. 3. ODOT has reviewed this proposal and has submitted a letter dated November 18, 1996 that was entered into the public record at the Planning Commission. The letter recommends that the area be identified as an employment center, that the city adopt the "toolbox" strategies and that specific language be adopted in the Comprehensive Plan as it related to the need to increase access to Highway 217 from the Triangle. Specifically, ODOT requested that access from Dartmouth be stated as being critical to the property owners in the Triangle". The Planning Commission, in discussing this issue, determined that access was not only critical to property owners in the Triangle, but to anyone using the transportation system, and declined to add the proposed language. r 4. A letter was received from DLCD on December 2, 1996. That letter was attached to j the staff report dated December 17, 1996. A second letter was FAXED to the City on December 17. 1996 and was entered into the record as Exhibit A. That letter expresses disagreement with the assumptions of the "unconstrained" scenario that assumes a 0.60 FAR for future development in the Triangle. No evidence is provided from DLCD that outlines why there is disagreement with the assumption. The City j has received expert analysis and testimony from Spencer & Kupper and Kittelson & Associates regarding this issue and accepts the validity of the assumptions. ODOT j and Metro were also provided these assumptions as part of the information to support the transportation recommendations of the City and neither agency questioned the assumptions provided. The City, therefore, does not agree with DLCD's conclusion that OAR 660-12-060 of the Transportation Planning Rule applies in the event that the City approves the changes proposed for the land uses in the Tigard Triangle. The City has found through its land use and transportation analysis that impacts on the transportation system will be virtually the same under buildout of the new Mixed Use Employment district and what could be built out under current zoning. With this finding, 060 does not apply in that the planned changes to the Comprehensive Plan will not have a s ~gnifrcant impact on the function, capacity and level of service of the transportation svstem. The analysis of the proposed transportation amendments is the same regardless of whether the City adopts the proposed land use changes or leaves the current designations in place. j i Page - 19 I I The record indicates that the principal argument advanced by DLCD in its December 1996, letter, that the TPR applies event though the status quo is being maintained for traffic volumes, was withdrawn by Mr. Richard Benner, Director of DLCD, at a meeting with city staff which took place on December 16, 1996. B. DECISION The City Council APPROVES Comprehensive Plan Amendment CPA 96-0008. tv r, ami~UU_i/1n~ngle.l i:(I ='JOlo61 i Partial Transcript 12/17/96 Hearing - Tigard Triangle Comprehensive Plan Amendment & Zone Change (Transcript begins during Consultant Spencer's summary to the City Council at the beginning of the public hearing.) Consultant Spencer: talk a little bit now about the letter that we got from DLCD and I think kind of the basis of their objection to our plan, maybe Tim can help me out here a bit about the kind of meeting and the implications of the section of the Transportation Planning Rule that they cite, and then I'll explain a little bit about how we address that particular section and some of the conclusion that we have drawn from it. Legal Counsel Ramis: For your record, Tim Ramis. the original comment from the City, excuse me, from DLCD, was that no matter what we did with respect to traffic planning, if the new proposal d create as much traffic as the existing, we would trigger the Transportation Planning Rule. And, if the Transportation Planning Rule is triggered. then there is a host of requirements that we have to meet. We met with the director of DLCD, Mr. Benner, and during I that meeting, I understood him to withdraw the claim that maintaining the status quo would trigger the TPR. Instead, he stated the Rule, "would development as proposed create more traffic than would be generated by your current Comprehensive Plan." Their staff then analyzed the evidence that we had provided and sent us a letter saying that they believed that the Transportation Planning Rule would apply to this case. In reaching that conclusion, they disagreed with the conclusions of our expert about the intensity of development that could - be expected under the existing zoning, the existing Comprehensive Plan. But, they don't tell us why. The letter that you have dated December 17 says that they disagree with the assumption that the existing zoning will result in a build out averaging an intensity of .6 FAR. But, they give us no clue as to their reasoning. So, my suggestion tonight would be that we ask Mr. Spencer to describe the vj Partial Transcript - Tigard Triangle Comprehensive Plan Amendment and Zone Change I Public Hearing before the Tigard City Council - December 17, 1996 - Page 1 f.. reasoning that was used in developing the proposal so that you would r understand whether there is a reasonable basis to accept the projections that were accepted by the Planning Commission. I am happy to answer questions if there are any about that subject. Consultant Spencer: A big part of the work that we did was analyzing the transportation affects and impacts that would be caused by existing zoning, buildout in the Triangle and development, buildout assuming the mixed use zoning and plan designations were in place. We prepared, and this is part of the record that's included in the staff report that we shared with staff, with DLCD staff, earlier this week. We developed, with the Advisory Committee, which included most of the major developers in the Triangle, some assumptions about how much development and what type would occur within about 14 different, smaller subdistricts in the Triangle. That, a lot of detail information was developed in 1995 and updated by us in 1996, so we had a very specific idea about how much existing square footage of retail use of housing units, of office use, of all kinds of uses that you would expect what with existing inventory was in the Triangle, how much buildable land was available for development, how many acres of residential land was there and...some assumptions about that area being redeveloped. So, we took our best guess at how the Triangle would develop, assuming a mixed-use scenario. And, those numbers are laid out in some of the information you have in front of you. Roughly, this is the total of a little bit less than 1,000,000 square feet of retail that's existing and that would be developed at build-out. About 1.2 million square feet of office, about 600,000 square feet of service commercial uses and another 140,000 square feet of business and research and development that's at buildout. That assumes existing development that's already in the Triangle would remain. ,J i f We then also compared those figures with what could be developed under the existing zoning, both in the C-P and in the C-G areas. We assumed that the brown areas and the yellow areas that you see right now that are designated for residential purposes, would stay residential and would intensify a little bit for residential uses. We didn't assume, under the existing scenario, that they would be converted for non- residential uses. Now, we developed two scenarios for build-out for Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council -December 17, 1996 -Page 2 i r existing zoning. One scenario, we assumed the same levels of density ' that we assumed for the mixed use scenario. The second scenario, we assumed a greater level of density would occur under the existing zoning. And, the reason why we think that is a reasonable assumption is right now you're existing zoning has no caps to it whatsoever. You could build a, if you could meet the height requirements and park the project, you could build a 50-story building, maybe if you could a variance for the height. You could certainly build at very high intensities, much higher than the intensities that we assumed would be developed. So, right now, you're existing zoning doesn't have a lid, doesn't have a cap. It could develop very, very high densities of office and commercial. We assumed, in our work that ...and it was part of the contention that Mr. Ramis mentioned, we assumed a .6 FAR for kind of maximum scenario under the existing zoning. And what a .6 FAR is, is about the level of development that is currently being found on some of the projects along Kruse Way. It's about the highest level office and retail development that can occur before you start going to have to structured parking. And, we thought that was a reasonable assumption to make that level of development for the Triangle. C,S4 Right now, we are not seeing those levels of development proposed for projects in 1996, but certainly over a 20-year planning period, it would be reasonable to assume development at that level would be explicitly permitted by your existing zoning could be achieved in the Triangle, so we think that is a reasonable upper bound assumption to make in trying to evaluate the development densities in existing zoning. Basically, what we found, when we looked at those two scenarios is our mixed use scenario fit somewhere in between the maximum scenario under existing zoning and the minimum scenario under existing zoning. So, we're not our conclusion from all that is that we, by adopting the mixed-use zone, we're not creating a situation that is, that would result in much greater land use development, hence, traffic generation than what could be developed under existing zoning. Now, a good part of the transportation analysis was done assuming a number of improvements were made to the transportation system. And, part of the recommendation that you have before you is the amendment of the City's transportation system plan to add what is called the tool box project. And I guess the tool box has turned out to Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 3 f i~ J L r..~ be kind of a misnomer, because it was developed by ODOT and Metro to look at the whole I-5/217 Corridor and includes a bunch of projects that I'll mention earlier, but I guess by implication, the tool box, you sort of think, well, we can maybe fit two or three of these things and or a combination of these projects and that will solve the problem. Well, what we have found is we need all of the tools in the tool box to accommodate, not only the growth that would be originating from the Triangle, but growth in the region as well. And, I think that what one of the basic conclusions that we reached in doing the transportation analysis, is the Tigard Triangle isn't necessarily causing the transportation problems itself, it is certainly contributing to them, but there is growth that happening all around in Tigard and other parts of the region which are being funneled onto I-5 on 217 and on 99W that are...(tape ended - Side 1) (Side 2...Consultant Spencer's remarks continued) modeled as part of our transportation study included widening 99W through the project area to six lanes, improving 72nd through the t Triangle to two lanes in each direction plus a left-turn median, making some substantial improvements that were defined as part of the I-5/217 study to that interchange itself that extend all the way up to include the interchange at 72nd at 217. So, there is some new ramps and a number of other changes to the interchange configuration, that are part of the tool box set of projects. Another improvement is an extension from the southern part of the Triangle across 217 to the west and also an extension of Dartmouth across 217 to the west with eventually, eventual some connection to Hall. So, all of those project ...am I missing any of tool box... Legal Counsel Ramis: Point out they are noted on the map over here. Senior Planner Smith: ...attached to your staff report. Consultant Spencer: All of those projects were included in the transportation model and when they were incorporated as part of the transportation study, the conclusions were that the transportation system would function adequately with those improvements, assuming Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 4 l; Ii f f j f i r r J 1. ~ the buildout of Tigard Triangle in the year 2016. And that those improvements would be needed for whether the existing zoning would be built out or the proposed proposal that you have before you. There is basically no difference in the transportation impacts of those two SfPnnrinc. Legal Counsel Ramis: Mr. Mayor, if I might ask two questions. I think these questions are capable of yes or no answers, but if they're not, elaborate. First, is it fair to say that the projections that you made for the intensity of development and trip generation for the existing zoning, were based at least ha part on interviews with and input from experienced developers who own land within the Triangle and who are familiar with the market conditions there? Consultant Spencer: Yes Legal Counsel Ramis: And, second, if someone were to claim that the conversh-a of residential land to more intense zoning would naturally create greater trip generation for the proposal than for the existing, t would it be true that that claim would be wrong because it ignores the fact that there is cap now on FAR which did not exist previously? Consultant Spencer: Yes Legal Counsel Ramis: Thank you. Mayor Nicoli: Is that the end of our staff report? Consultant Spencer: We wanted to make sure we got the right stuff in the record. Mayor Nicoli: Very good. Consultant Spencer: Also, just real quickly, there's a couple of things I want to make sure are included in the record. There is a technical memorandum that was developed by Kittelson & Associates dated July 25, 1996, entitled "Review of Previous Documents - Tigard Transportation Update Project." It is probably not included in your Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 5 4 F packet, but it was one of the technical reports that was developed during the course of the study and by reference it refers to a lot of the transportation analysis that was previously done for earlier planning efforts, and I would like to make sure that that's part of the record and by reference all of those other documents are part of the record as well. Also, I prepared a memo that I faxed to DLCD today that is dated today. It's to Steve Oulman from DLCD from me and it reviews and discusses some of the issues that we talked about in our meeting with their staff yesterday. Primarily, some examples of .6 far and some specific diagrams that have been done by Tri-Met that show how that level of development is a reasonable level of development and without structured parking. And then, some additional notes that I have on my assumptions in developing these three land use scenarios that were part of the transportation analysis. So, I want to make sure that is part of the record as well. I ' Councilor Rohlf: Do we have in our staff... report the studies in { evidence that DLCD is using to argue against this proposal? f Legal Counsel Ramis: To this point, they haven't provided us with any reasoning, reports, studies. We really don't know anything other than the letter that they sent to us which asserts that they disagree with the .6 FAR prediction. I would like to clarify also, that if anyone has any questions about any of the documents that are referenced here is that they are available and can be reviewed. (The hearing then moved on to the public testimony portion of the public hearing.) (This portion of the hearing occurred after receipt of public testimony and discussion of design standards.) (The following is the transcript of the staff recommendation and U Council consideration/vote on a motion): Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 6 I h Ii k i s. f Com. Dev. Director Hendryx: Well, Mr. Mayor and Council members, staff certainly encourages the City Council to approve the package of amendments as has been presented. It is our conclusion, as certainly documented well in the record, there is substantial evidence to support this plan amendment and associated zoning amendments. I would like to point out that the experts in the field, ODOT in particular, have reviewed our traffic analysis and the assumptions as John has discussed tonight and have found, contrary to DLCD, they found there was adequate information to not oppose this request. They found that it would not trigger the TPR, Transportation Planning Rule, nor would exceed the existing capacities or the anticipated capacity for development impacts of what is allowed by our current land use regulation. They found it was a wash. So with that, staff would recommend approval. Councilor Hunt: Jim, are you saying with or without the design standards being included? Com. Dev. Director Hendryx: I'll leave that to the Council Councilor Rohlf: I take responsibility for this getting in at the last minute. I thought it would there as part of the delivered package. And, it is of great concern to me that we could have this beautiful resource start looking like the back of Bull Mountain. Anyone who drives 99 today can see how rapidly that area of trees has turned into an area of rooftops. And so, I have been pushing staff to do something about the design standards. I realize you guys can go back into another meeting and come up with something for the long term, but I am concerned about that interim based on my experience when I first came on Council, the Triangle issue was first coming for adoption of the previous plan and when that went down in flames we thought within a year we could have something else out. It has been two years now and I also realize keeper closer track of that time than I am, but I am real concerned that if we open up this huge window for development that has no control to allow us to have the quality develo men' th +1 th' k 1- r a m t at you want and that is what I would like to see happen up there. So, I guess I would withdraw my request that we Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change i Public Hearing before the Tigard City Council - December 17, 1996 - Page 7 L_ ~ 1 i i t include those design standards, but urge staff to move with these folks to move very quickly on standards so that window is as small as possible. Mayor Nicoli: Ok. I will now close the public hearing and will now ask the Council if there is any discussion. j Mr. Ramis: Mr. Mayor, a suggestion i Mayor Nicoli: Yes...Yes Com. Dev. Director Hendryx: A suggestion may be, it is totally up to Council. You could continue the public hearing on that portion of the design standard. Set a date out there 60 days or 90 days and staff report back to you on progress that they have made with the task force and citizens. It would be an opportunity, in terms of public notice and all that could simplify matters. I Councilor Hunt: We could adopt without the design standards, but with... Com. Dev. Director Hendryx: With the direction that we come back at a specific date. Councilor Hunt: That would be good. City Manager Monahan: And Cathy is just going to try to come up with that specific date would be. We would probably be looking at, let's say to give the maximum amount of time, would be the third meeting in February, which would be the second public hearing of February. Which would give us the opportunity, we could come to the second meeting in February, the work session, give you a little bit of a preview, and then bring it to the public hearing which would probably be thanks, Cathy the 25th of February. Councilor Hunt: Do you need a motion or what do you need? Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 8 s I Mayor Nicoli: Well, I believe we want to give staff direction... well, j ; hold it, maybe we don't... Councilor Rohlf: We haven't deliberated yet. Mayor Nicoli: Yeah, right, we have to deliberate, but we have to come back with findings and a formal ...so we'd be directing the staff...have come back with findings to either approve or disapprove the action. And, I... i Councilor Rohlf: You can split your findings into two parts can't you, the findings in favor of the land use action; the second ...on design. City Manager Monahan: Well what Jim was suggesting, I thought was that Council has the option of concluding discussion on the plan. Come back with findings in a couple weeks, but keep the hearing open until February 25th on design and we would pick it up then and then adopt the findings for that. Legal Counsel Ramis: So, shortly you would adopt the non-design piece and then 60 days or so out, adopt the design part of it. Mayor Nicoli: Let me ask another question, a legal question. We I won't know, what I would like to do is trigger the clock running that DLCD has to notify us for an appeal and by leaving the public hearing open, does that extend that timeframe? Legal Counsel Ramis: No, we can take, we can bring to you an ordinance and a set of findings and you can take final action on the zoning and comp plan part of it, Mayor Nicoli: Ok. Legal Counsel Ramis: and that would trigger the running of the statute. Meanwhile, continue to hearing the other piece without affecting the... Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 9 C i Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 10 Mayor Nicoli: Ok, got it, very good. And by the way, just for my knowledge, what is the timeframe that they have to notify us once we take final action. Legal Counsel Ramis: They have 21 days from the date that we mail notice. Mayor Nicoli: Ok, very good. So, I would entertain a motion... or we can talk about it for awhile. Councilor Hunt: I would suggest since the wording of the motion might be kind of technical that maybe the attorney make the motion and I f~ will so move.... f Legal Counsel Ramis: The motion should be that, if the motion is for approval, and supports the staff report. Councilor Hunt: Yes that what I... Legal Counsel Ramis: A motion in support of the staff report would be that you tentatively approve the proposal for comp plan amendment and zoning ordinance amendment as described in Item 6 on the Agenda and that you further direct the staff to return to you an ordinance and supporting findings by, what date? City Manager Monahan: You have two options, what does staff think, one option is December 30, which is a Monday night when we could have a meeting just to adopt the findings and then go into an Executive Session. Your other option is to have a special meeting on Tuesday, January 7. I don't know if Council has any preference. Councilor Rohlf: We told these folks this year. Mayor Nicoli: The 30th it is. Councilor Scheckla: I would prefer January 7. The 30th is all right, but I probably won't be here for that meeting. City Manager Monahan: Ok, that's a Monday night, by the way, not a Tuesday. Legal Counsel Ramis: So directing continue this to December for the return of the ordinance and further continuing the hearing for consideration of the design proposal to, do we have a date on that? City Manager Monahan: February 25th. Legal Counsel Ramis: February 25th. Councilor Hunt: That's just what I was going to say, so I'll so move. Mayor Nicoli: Do I hear a second? Councilor Rohlf: Second. Mayor Nicoli: Ok, discussion? I have a question, by leaving, you use ( the word continuance, can new information be entered at any time _ j h between and now the time. I Legal Counsel Ramis: On the subject of the zoning ordinance and the comprehensive plan, the answer is no. Mayor Nicoli: Ok. Legal Counsel Ramis: On the subject of the design standards, the answer is yes that at the continued hearing, new evidence can be submitted. I Mayor Nicoli: Any further questions? Councilor Rohlf: When we do the design study-tonight we're discussing two pages out of a packet. Will all of this information be discussed by the task force and resolve it.... Com. Dev. Director Hendryx: Yes i Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change J i Public Hearing before the Tigard City Council - December 17, 1996 - Page 11 Councilor Rohlf: and we'll be talking about standards that apply to only the mixed use or all of the triangle ...I feel that any development in any part of that is going to affect development in other parts of it. Com. Dev. Director Hendryx: This is a specific set of amendments, but hearing Council's direction, that certainly could be discussed with the task force. Councilor Rohlf: I would personally like to see that discussed, at least... whether it should apply to the entire triangle or only parts of it. Mayor Nicoli: Any other questions? Councilor Scheckla: I have one, Jim. In regards to lighting and offensive lighting that we see in other areas of other community like the Island Green and that over in Tualatin. Is there any indirect lighting that design-would that be part of the design at this time or not? Com. Dev. Director Hendryx: It certainly could be a consideration. From my understanding of our Code, we have a provision that addresses lighting, screenage of lighting. The Island Green situation is so unique ...I'm glad we don't have one... Councilor Scheckla: I just wanted to raise that point now...if we're considering... input might be brought in now rather later. Com. Dev. Director Hendryx: We can certainly look at it as part of this. Mayor Nicoli: Any other questions? Ok. All those in favor say, "aye." Councilor Rohlf: I just want to congratulate all you folks for hanging in there and I really appreciate all the effort. I know this has been real hard on you guys and the fact that you were willing to just hang in there and slug through it, really makes me feel pretty good about the { Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 12 10 citizen involvement process. Thanks a lot for all the effort. I know you put a lot of time into it. Councilor Hunt: Bob, I was going to wait until have we voted, but I wanted to echo your sentiments, but also, when I came on the Council four years ago, I don't think there's any of this staff...Cathy was here ...but as far as the planning ...or Bill ...I know I came to some of the meetings... all they were, was telling us how bad we were, which was right, but I certainly appreciate what the staff has done too, because they have taken a completely fresh look at it and gone back to the citizens to see what they really wanted and I think as well as the people in the Triangle being complimented, I certainly think our staff should be complimented also. Applause. Councilor Scheckla: I think, with the Holiday Season, to have as big a turn out as we have of the people of this area looking out for not only what is happening up there, but for everybody here in Tigard, I think you people coming out here tonight is very appreciated. And, I want to thank all of you for your efforts over the last year or two of where this has been and where it is now, and you have made a lot of progress and I appreciate that. Gentleman from audience: You guys are looking good for a second term. (Laughter) Councilor Moore: I guess maybe I ought to add my 2 cents ...I won't tell you about my dubious honor about being on the Planning Commission from 1990 - 1996. (Laughter) Councilor Moore: I'm feeling very uncomfortable about the process as it was and the end product. I am tickled to death that this is the way that it ended it up, I could be happier. Again, staff deserves a hand, Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 13 ; ' the task force deserves a hand, and the present City Council, less myself, because I didn't do the initiation on this piece ...they all did a great job and I appreciate it, it makes me very happy. Councilor Rohlf: comments for DLCD? Mayor Nicoli: Go ahead. Councilor Rohlf: They really haven't given us anything to consider with respect to their ...and concerns about traffic situation. We are well aware of those situations and I find that we have looked at it, we have studied it, we have some plans in place, hopefully we'll find some funding for it and we will meet the traffic needs, I know we will, over the period of time that this property develops. Councilor Hunt: I regret that we are not TV, because it is nice to have agreement some time with the people out here, instead hearing all the i arguments against each other. Mayor Nicoli: Well, if you're done patting yourself on the back, are you ready to vote? { (Laughter) Councilor Hunt: Yeah, we're ready. Mayor Nicoli: All those in favor, say "aye." Council: "Aye" Mayor Nicoli: All those opposed? (None opposed.) Mayor Nicoli: Thank you for coming, people. is\adm\cathy\council\triph.doc 1 Partial Transcript- Tigard Triangle Comprehensive Plan Amendment and Zone Change Public Hearing before the Tigard City Council - December 17, 1996 - Page 14 I i 1 MEMORANDUM CITY OF TIGARD, OREGON I TO: City Council I e FRONI: Jim Hendryx, Community Development Director DATE: December 30, 1996 SUBJECT: Additional Funding for Development of Design Standards for the Tigard Triangle G i On December 17, 1996, the City Council directed staff to complete work on the design standards for the Tigard Triangle mixed use employment zone and return with proposals to the February 25th City Council meeting. As was stated that evening, because of the complexities associated with gaining agreement on the zoning and transportation standards, the Triangle task force never was given a full opportunity to address design standards during past meetings. The consultant team that has assisted the City in the mixed use employment zone proposals has developed an excellent relationship with City staff and with the task force. They have provided services beyond what was called for in their contract and have been instrumental in the success of the project to this point. In order to complete the work associated with the design standards, an additional $5,000 would be necessary for consultant services. This would allow provision of detailed presentations to the task force on design standards and facilitate necessary discussions with property owners, developers and f. public agencies. MW I ~,)JUA b,. Honorable Tom Brian Representative. District 9 . 7630 SW Fir k Tigard, OR 97333 Subject: Tigard Triangle Plan Amendment Dear Rep. Brian: Your letter of December ld arrived the day of a meeting in our office with representatives of the City of Tigard on the above plan amendment. I gained an understanding of the city's long work _ I on the proposal and a sense of our department's involvement, including a growth management ( grant (from the joint ODOT/DLCD Transportation and Growth Management program), dating back several vears. I am sorry you were unable to attend the meeting. j I sent a copy to you of the letter Steve Outman of the department sent to the city on the day after our meeting. You will see from the letter that IvIr. Outman urged the city to enact measures outlined in al-Metro resolution to accompany the plan amendment. As you probably know, the city adopted the amendment without enacting the measures we and others suggested. We are, of course, disappointed. Nonetheless, we will continue to work with the city to encourage adoption of the measures, which we believe will improve the quality of development in the Triangle and f circulation around it. Sincere y, l Richard Benner Director cc: Nadine Smith Steve Outman rohn A. Kivh,A- Jim Sitzman 1175 Court Street NE k Salem, OR 97310.0590 (503) 373-0050 t` a. FAX (503) 362-670; s I