03/18/2013 - MinutesI:\LRPLN\Planning Commission\2013 PC Packets\031813\tpc approved 031813 minutes.docx
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CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
March 18, 2013
CALL TO ORDER
President Anderson called the meeting to order at 7:02 p.m. The meeting was held in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
ROLL CALL
Present: President Anderson
Vice President Rogers
Commissioner Doherty
Commissioner Feeney
Commissioner Fitzgerald
Commissioner Gaschke
Commissioner Muldoon
Commissioner Schmidt
Commissioner Shavey
Absent: None
Staff Present: Kenny Asher, Community Development Director; Tom McGuire,
Assistant Community Development Director; Doreen Laughlin,
Executive Assistant; John Floyd, Associate Planner; Marissa Daniels,
Associate Planner
Also Present: Council Liaison Gretchen Buehner
COMMUNICATIONS
Commissioner Muldoon shared that he’d learned some things by sitting in on a Q&A from
the Land Use Board of Appeals (LUBA). He noted that one thing he’d learned was that it’s
particularly important to be very clear with the written language, for example, if an aspirational
statement like “The City shall…” is written into something, LUBA takes that quite literally; the
written word in documents needs to be very clear and, if it’s not meant to be literal - but
simply aspirational, it needs to be clearly and carefully worded that way.
Councilor Gretchen Buehner introduced herself as the new Council Liaison to the Planning
Commission and told them about her background and what she believes her role is. She said
she believes the problems that arose between the Council and the Planning Commission last
year were attributable to lack of direct communication – too much of it went through staff.
She would like to make sure there’s better communication. She’d like to go out to coffee or
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lunch with Tom [McGuire, Assistant Community Development Director] once in a while so
she has a better idea of what the commission is doing.
Commissioner Buehner shared some ideas as to how she would like to see the Commission’s
role expanded to include reviewing residential land use cases.
As an aside, before leaving, Councilor Buehner mentioned that Marissa Daniels would be
giving the Commissioners a report later in the evening on the Tigard Goal 10 Population &
Housing Review. She said she’d been taken aside by the President of the Homebuilders
Association earlier in the day, and that he was concerned that the Minority Report from the
committee would not be presented to the Commission. She suggested that he be asked to testify
when this comes to a public hearing.
CONSIDER MINUTES
February 4th Meeting Minutes: President Anderson asked if there were any additions,
deletions, or corrections to the February 4 minutes; there being none, Anderson declared the
minutes approved as submitted.
PUBLIC HEARING - OPENED
MASCO DEVELOPMENT CODE AMENDMENT - DCA2012-00003
REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to
change Industrial Services from a prohibited land use to a restricted land use within the I-P:
Industrial Park Zoning District. The complete text of the currently proposed amendments can
be viewed on the City’s website at http://www.tigard-or.gov/city_hall/public_notices/
LOCATION: All properties located within the I-P: Industrial Park Zoning District
QUASI-JUDICIAL HEARING STATEMENTS
President Anderson read the required statements and procedural items from the quasi-judicial
hearing guide. There were no abstentions; there were no challenges of the commissioners for
bias or conflict of interest. Ex-parte contacts: None. Site visitations: None. No challenges of
the jurisdiction of the commission; no conflicts of interest.
STAFF REPORT
Associate Planner John Floyd introduced himself and went over the staff report. [Staff reports
are available one week before the meeting.] John also went over a PowerPoint presentation
(Exhibit A).
STAFF FINDINGS:
Proposal is consistent with approval standards for Development Code Amendments
Insignificant public facility impact
Resolves a frequent land use issue
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Creates more opportunity for Industrial Services wanting to locate in Tigard (400
Acres)
May return some long-standing businesses to conforming status (Ord. 98-19 removed
all building related business from I-P Zone)
Restriction #15 unnecessarily restrictive
All industrial services are potentially consistent with I-P zoning district through
Restriction #4.
Public facility impacts not anticipated if Restriction #15 removed.
STAFF RECOMMENDATION
That the Planning Commission finds in favor of the proposed amendments and associated
staff report, with any changes as determined through the public hearing process, and
recommends approval to the Tigard City Council.
APPLICANT PRESENTATION
Lans Stout, Planning Consultant, 7650 SW Beveland, Tigard - and representative for the
applicant, said his client went this route because they had actually signed a lease on a space
without asking the right questions. They decided the best thing to do would be to make this
proposal to help them and the City of Tigard as well – clean up this problem. The proposal is
fairly narrow to address simply the problem with contractors; however, they are perfectly fine
with broadening it; if the Planning Commission feels it’s appropriate to broaden it as staff
recommends, they’re fine with that. Overall, the staff report is comprehensive, the findings are
well done, and they would support them. He asked if there were any questions of him. There
were no questions.
COMMENTS/QUESTIONS OF STAFF
So you believe Restriction #15 is unnecessarily restrictive? We believe so. How many of these do
you see a year? A year is hard to say; however, I can say we see several monthly; it’s a frequent issue. Staff
was happy to see this change applied for; it’s a change that would have eventually been recommended.
TESTIMONY IN FAVOR – None
TESTIMONY IN OPPOSITION – None
PUBLIC HEARING - CLOSED
DELIBERATIONS
There was a consensus that this looks to be a good idea that adds flexibility – and also that
economic development is good for Tigard. Regarding Restriction 15 – the consensus was that
it’s really just an unnecessary obstacle, as the next person might not be a contractor.
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MOTION
Commissioner Muldoon made the following motion, seconded by Commissioner Richard
Shavey:
“I move the Planning Commission forward a recommendation of approval to the City
Council of application DCA2012-00003 and adoption of the findings and conditions of
approval contained in the staff report as modified by the removal of Condition 15 in
Table 18.530.1 – such condition already adequately addressed by Condition 4 which
requires all activity be wholly contained within buildings.”
A vote was taken and the motion passed unanimously.
BRIEFING: Pending amendments to wetlands regulations
John Floyd, Associate Planner, said he was there to give a heads up to the Planning
Commission on another Development Code Amendment that would be coming before them
in May.
There would be a narrow exemption for Public Works to allow them to expand or
construct specified public facilities within or near significant wetlands – but only if they
obtain all necessary permits from the Corps, DSL, and CWS.
This is intended as a stop-gap measure until the City can perform significant updates to
the sensitive lands chapter.
The issue is that current wetlands regulations require complete avoidance of a wetland
AND its associated buffer, or to go through a Comprehensive Plan Amendment to
remove all protections for the wetlands.
There is no middle ground for projects that have made every attempt to reduce and
mitigate their impact.
A good example is the planned construction of a sidewalk along 92nd Avenue, between
the high school and the parking lot of Cook Park.
Because significant wetlands come up to the boundary of the pavement on both sides
of the road, the city cannot construct the sidewalk without amending the
Comprehensive Plan. This adds at least $40,000 to the cost of the project, and would
result in less protection for the wetlands, not more, when the project was done.
Very early drafts at this stage; still working with the City Attorney and Public Works.
Will be reaching out to other agencies and interested parties before coming before the
Commission.
10 MINUTE RECESS
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WORKSHOP: Tigard Goal 10 Population & Housing Review
Marissa Daniels, Associate Planner, introduced herself and Matt Hastie, Project Manager, from
Angelo Planning who went over a PowerPoint to provide an overview. (Exhibit B).
Key Findings:
• Tigard has enough land to meet 20-year housing needs
• Future needs include high percentage of ownership units and a relatively even split
between single-family detached homes and other types of housing
• Continued need for housing at full range of prices
• Demographic issues include aging population, “millennial” generation, diminishing
household size, immigration and workforce housing needs
Housing Strategies Summary:
• Comprehensive Plan policy and Code updates
• Location-specific recommendations – River Terrace, Downtown, Tigard Triangle,
Washington Square, other mixed use or transit oriented areas
• Other non-regulatory strategies – partnering, coordination, informational materials
• Administrative and funding recommendations – staffing, affordable housing role,
financing
Comprehensive Plan Amendments:
• Update Housing Chapter of Comprehensive Plan
– Revise narrative
– Replace findings with more current information
– Modest updates to policies and actions
– Reference Housing Strategies Report
– Adopt coordinated population forecast
• Update Land Use Planning Chapter of Comprehensive Plan
– One additional policy is proposed
Development Code Amendments:
• Provide clear and objective standards
– Eliminate discretionary design standards that apply to needed housing
Planning Commission / Council Actions:
• Adopt Comprehensive Plan amendments
• Adopt clear and objective standards Code amendments
• Adopt new coordinated population projections
QUESTIONS
Has there been any feedback and, if so, was it contentious at all? No – the feedback has been positive.
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Vice President Rogers recalled that Councilor Buehner earlier in the evening had talked about the
Homebuilder’s Association (HBA) President being concerned about information from a Minority
Report not being presented. Rogers asked for clarification on that. Marissa Daniels answered:
“This was the first time I’d heard anything about that.” President Tom Anderson, who had also
been at that meeting, said he’d not heard anything about it either. Marissa will give the HBA
President a phone call, check to see what/if there are concerns and would report back to the
Commission.
Matt Hastie said he couldn’t think of any instances where they hadn’t implemented the
recommendations that had come from the HBA Representative. He said there may have been a
couple of little things where they’d said something like “Well, you know, you can also think about
this… but it’s not a big deal.” “For the most part,” Mr. Hastie said, “we really did reflect what we
heard from everybody there in the report.”
Marissa said, to her knowledge it had not been contentious, and that she would get back to the
Commission on this.
OTHER BUSINESS
Tom McGuire was congratulated and applauded by President Anderson, and the other
commissioners, on his new permanent position as Assistant Community Development Director.
Tom thanked them and said he had two items to bring up to the commission. One is that the
idea had been brought out in an earlier Planning Commission 2013 goals discussion to have, in
addition to the goals they’d decided on, some sort of training, presentation, or field trip, on a
quarterly basis - and that the Commissioners had agreed that this was a good idea. He
mentioned the upcoming Land Use Training on March 21 would count as the first of those,
and that he wanted to talk about possibilities for some of the others that would occur later in
the year. He said a good field trip possibility would be to take a tour of the River Terrace area
some evening this summer. There would be a lot of interest and activity in the next 12 to 14
months surrounding River Terrace, and that it would be good to have some direct knowledge
of the area. He mentioned that Commissioner Shavey had written an email with several
additional suggestions and that they’re looking at many different possibilities. He asked for
some direction from the Commission. President Anderson noted there wasn’t a budget for
this but that if anyone had any other ideas, they could email Tom McGuire. Vice President
Rogers said he didn’t think there was a need to schedule everything immediately. The only
thing that is time sensitive is the River Terrace field trip – in that it should be done in the
summer while it’s still light out in the early evening.
The second item Tom McGuire wanted to mention was regarding Cost Co. He said Cost Co is
looking to do some expansion on their site (a gas station) and that they have a design issue due
to it being close to the road. Cost Co would like to take the option of having a Design
Evaluation Team look at this. A sub-committee would need to be formed, and they’re looking
for three volunteers from the Planning Commission to serve on it. The design team would
work with Cost Co – review their plans, and provide some design advice that staff would
consider. It would come back to the Planning Commission as part of their application for
CITY OF TIGARD
Respect and Care | Do the Right Thing | Get it Done
DCA2012-00003
MASCO
March 18, 2013 John Floyd, Associate Planner
CITY OF TIGARD
Text Amendment to allow Industrial Services in
I-P: Industrial Park Zone
Proposal to amend TDC Table 18.530.1 (Use Table:
Industrial Zones)
Changes “Industrial Services” from “Prohibited” to
“Restricted” land use in I-P Zone
Would allow building contractors to more easily locate
within I-P Zone (frequent issue)
CITY OF TIGARD
Text Amendment to allow Industrial Services in
I-P: Industrial Park Zone
Contractors already allowed if less than 50% square
footage dedicated to materials storage & no
associated on-site fabrication
Proposed changes would just remove this restriction
on floor space
CITY OF TIGARD
TABLE 18.530.1
USE CATEGORY I-P I-L I-H
Industrial Services N R4,15 P P
4. Permitted if all activities, except employee and
customer parking , are wholly contained with a
building(s).
15. Limited to contractors and others who perform
services off-site.
CITY OF TIGARD
I-P: Industrial Park District
The I-P zoning district provides appropriate locations for
combining light manufacturing, office and small-scale
commercial uses, e.g., restaurants, personal services and
fitness centers, in a campus-like setting. Only those light
industrial uses with no off-site impacts, e.g., noise, glare,
odor, vibration, are permitted in the I-P zone. In addition
to mandatory site development review, design and
development standards in the I-P zone have been adopted
to insure that developments will be well integrated,
attractively landscaped, and pedestrian-friendly.
CITY OF TIGARD
Industrial Services Land Use Classification
Characteristics: Industrial Services are uses that repair
and service industrial, business, or consumer machinery,
equipment, products or by-products. Firms that service
consumer goods do so by mainly providing centralized
services for separate retail outlets. Includes contractors,
building maintenance services and similar uses, that
perform services off-site. Few customers, especially the
general public, come to the site.
CITY OF TIGARD
Industrial Services Land Use Classification
Examples: welding shops; machine shops; repair shops for
tools, scientific/professional instruments, and motors; sales,
repair, storage, salvage or wrecking of heavy machinery, metal
and building materials; towing and vehicle storage; auto and
truck salvage and wrecking; heavy truck servicing and repair;
tire recapping and retreading; truck stops; building, heating,
plumbing or electrical contractors; printing, publishing and
lithography; exterminators; janitorial and building
maintenance contractors; fuel oil distributions; solid fuel yards;
laundry, dry-cleaning and carpet cleaning plants; and photo-
finishing laboratories.
CITY OF TIGARD
Industrial Services Land Use Classification
Exceptions: Contractors and others who perform
services off-site are included in the Office category if
equipment and materials storage does not constitute
50% or more of occupied space and fabrication or similar
work is not carried out at the site.
CITY OF TIGARD
TABLE 18.530.1
USE CATEGORY I-P I-L I-H
Industrial Services N R4,15 P P
4. Permitted if all activities, except employee and
customer parking , are wholly contained with a
building(s).
15. Limited to contractors and others who perform
services off-site.
CITY OF TIGARD
Staff Findings
Proposal is consistent with approval standards for
Development Code Amendments
Insignificant public facility impact
Resolves a frequent land use issue
Creates more opportunity for Industrial Services
wanting to locate in Tigard (400 Acres)
May return some long-standing businesses to
conforming status (Ord. 98-19 removed all building
related business from I-P Zone)
CITY OF TIGARD
Staff Findings Continued
Restriction #15 unnecessarily restrictive
All industrial services are potentially consistent with
I-P zoning district through Restriction #4.
Public facility impacts not anticipated if Restriction #15
removed.
CITY OF TIGARD
Staff Recommendation
That the Planning Commission find in favor of the
proposed amendments and associated staff report, with
any changes as determined through the public hearing
process, and recommend approval to the Tigard City
Council.
4/3/2013
1
Planning Commission Work Session March 18, 2013 Planning Commission Work Session March 18, 2013
City of Tigard
Periodic Review
Population and Housing Report
Population and Housing Report March 18, 2013
Meeting Objectives
•Provide overview of planning process
•Discuss key housing strategies
•Obtain feedback on Comprehensive Plan and Code
amendment recommendations
Population and Housing Report March 18, 2013
Project Objectives
•Meet community-wide housing needs
•Address future housing and demographic trends
•Promote housing affordability
•Go beyond state and regional requirements
•Meet the needs of an aging population
•Maintain a high level of livability
•Involve a variety of community stakeholders
Population and Housing Report March 18, 2013
Study Components
•Analysis of existing and future housing
needs
•Review of compliance with local, regional,
state and federal requirements and
policies
•Evaluation of development code
provisions
•Assessment of location-specific objectives
•Development of Housing Strategies
Report
•Preparation of proposed Comprehensive
Plan and Code amendments
4/3/2013
2
Population and Housing Report March 18, 2013
Tigard Overall Housing Goal
“Provide opportunities for a variety of housing types at a
range of price levels to meet the diverse housing needs of
current and future City residents”
Population and Housing Report March 18, 2013
State Requirements
•Meet full range of housing needs
•Allow for 50/50 split of single-family detached and
other housing types
•Allow for an average density of 10 units per net acre
•Provide clear and objective standards for needed
housing
•Provide enough land to meet 20-year housing needs
Population and Housing Report March 18, 2013
Key Findings
•Tigard has enough land to meet 20-year
housing needs
•Future needs include high percentage of
ownership units and a relatively even split
between single-family detached homes
and other types of housing
•Continued need for housing at full range
of prices
•Demographic issues include aging
population, “millennial” generation,
diminishing household size, immigration
and workforce housing needs
Population and Housing Report March 18, 2013
Housing Strategies Summary
•Comprehensive Plan policy and Code updates
•Location-specific recommendations – River Terrace,
Downtown, Tigard Triangle, Washington Square, other
mixed use or transit oriented areas
•Other non-regulatory strategies – partnering,
coordination, informational materials
•Administrative and funding recommendations –
staffing, affordable housing role, financing
4/3/2013
3
Population and Housing Report March 18, 2013
Comprehensive Plan Amendments
•Update Housing Chapter of Comprehensive Plan
–Revise narrative
–Replace findings with more current information
–Modest updates to policies and actions
–Reference Housing Strategies Report
–Adopt coordinated population forecast
•Update Land Use Planning Chapter of Comprehensive
Plan
–One additional policy is proposed
Population and Housing Report March 18, 2013
Development Code Amendments
•Provide clear and objective standards
–Eliminate discretionary design standards that apply to needed
housing
Population and Housing Report March 18, 2013
Development Code Strategies
•Increase opportunities for
emerging housing types –
“cottage housing” and
“live/work units”
•Adjust duplex lot size
standards
•Develop specific standards for
attached single-family housing
(townhomes) city-wide
Population and Housing Report March 18, 2013
Development Code Strategies
•Update accessory
dwelling unit
requirements
•Consider parking
standard adjustments
•Consider height or
density bonus provisions
•Address clear and
objective standards issue
4/3/2013
4
Population and Housing Report March 18, 2013
Implementation Approach
Population and Housing Report March 18, 2013
Planning Commission/Council Actions
•Adopt Comprehensive Plan amendments
•Adopt clear and objective standards Code
amendments
•Adopt new coordinated population projections