02/04/2013 - MinutesI:\LRPLN\Planning Commission\2013 PC Packets\020413\tpc 020413 minutes.docx Page 1 of 7
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
February 4, 2013
CALL TO ORDER
President Anderson called the meeting to order at 7:05 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 (7:20 pm)
Commissioner Schmidt
Absent: Commissioner Shavey
Staff Present: Kenny Asher, Community Development Director; Tom McGuire,
Interim Assistant Community Development Director; Doreen Laughlin,
Executive Assistant; John Floyd, Associate Planner; Gary Pagenstecher,
Associate Planner; Cheryl Caines, Associate Planner
COMMUNICATIONS
Newly appointed Commissioner Tim Gaschke was welcomed and introduced to the
commission. He shared with the commissioners a bit about his background.
CONSIDER MINUTES
January 14, 2013 Meeting Minutes: President Anderson asked if there were any additions,
deletions, or corrections to the January 14th minutes; there being none, Anderson declared the
minutes approved as submitted.
DEVELOPMENT CODE AMENDMENT (DCA) 2012-00004
PUBLIC HEARING CONTINUED FOR DELIBERATION ONLY
DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT &
GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT CODE AMENDMENT
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STAFF REPORT
Associate Planner John Floyd recapped what had happened at the previous month’s public
hearing on this topic. He reminded the commission that staff gave a recommendation on the
project. The Planning Commission invited public testimony; there was none and public
comment was then closed. After some deliberation – staff was directed to work with
Commissioner Fitzgerald on three design issues: screening of rooftop equipment on facilities
near Waverly Estates with the second two relating to design standards for conditional uses in
the sub-district: 1. the list of prohibited materials, and 2. glazing standards in that area. He
referred the commission to a memo dated January 28th that had been included in the
commissioner’s packets in which he had responded to two of the design issues. After
addressing the issues on the memo, John went over a PowerPoint presentation (Exhibit A).
STAFF RECOMMENDATION (Slightly modified from previous recommendation)
Staff recommends the Planning Commission find in favor of the proposed amendments
contained in Attachment 1 of the staff report and Memorandum dated January 28, 2013, with
any alterations as determined through the public hearing process, and to make a final
recommendation to the Tigard City Council.
John advised the commission that, if approved, this will go before the City Council on
February 26th.
DELIBERATION
Commissioner Fitzgerald said she appreciates the effort staff went through in working with
Clean Water Services and their architect and communicating back to her. She said all the
provisions that they’ve come up with satisfy her concerns and she thinks their architect’s
concerns too. She believes they’ve found a good common ground on that. She wanted a little
more commentary on the last piece – regarding the applied window film.
There was further discussion on the language regarding applied window film.
COMMENT BY CLEAN WATER SERVICES
Nate Cullen, Wastewater Director at Clean Water Services (CWS) – said he was there to assure
the commissioners that CWS shares their desire for this building to be something they can be
proud of. They want the City of Tigard to be proud of it too. This will be CWS’s flagship
building on the site – their “face” to the City on Durham Road, for all the public to see. They
really want it to be something that stands out, has the highest level of architectural standards,
and is something they all can be very proud of.
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COMMENTS FROM THE COMMISSIONERS
President Anderson said he likes the changes that were made. After several of the
commissioners spoke, President Anderson said he believed there was consensus on number 2
and that he would entertain a motion.
MOTION
Commissioner Calista Fitzgerald made the motion that was seconded by Commissioner Jason
Rogers:
“I move for approval of application and of Case No. DCA2012-00004, and adoption of
the findings and conditions of approval contained in the staff report and/or based on
the testimony – the four things that are presented in the memo [dated 1/28/13]
including the language that was discussed this evening for the applied window film
which is: “glazing covered with applied window film shall not be considered in the
calculation to meet the standard.”
At this point, John Floyd asked to clarify a point, and suggested that this be put in the motion
for clarity. “The phrase ‘glazing covered with applied window film shall not be
considered in the calculation to meet the standard’ is being placed at the end of
Section 18.650.090.B2.” John said he wanted to make sure the motion is clear about where
this goes.
The commissioners agreed and Commissioner Fitzgerald moved to add what John Floyd had
just clarified to the motion.
The motion was voted on and carried unanimously.
PUBLIC HEARING OPENED - ZONING MAP AMENDMENT (ZON) 2012-00003
PACTRUST ZONE CHANGE
REQUEST: The applicant is requesting approval of a quasi-judicial zoning map amendment
for approximately 12 acres located between SW 72 nd Avenue and SW Upper Boones Ferry
and Durham Roads (Parcels II & III of PacTrust Business Center). The zoning designation
would be changed from "I-L: Light Industrial District" to "I-P: Industrial Park District," while
the existing comprehensive plan designation of "Light Industrial" would remain unchanged.
QUASI-JUDICIAL HEARING STATEMENTS
President Anderson read the required statements and procedural items from the quasi-judicial
hearing guide. Commissioner Feeney disclosed that he’d worked for PacTrust in the past, but
has no knowledge of this. There were no challenges of the commissioners for bias or conflict
of interest. Ex-parte contacts: None. Site visitations: Commissioner Muldoon and
Commissioner Rogers had visited the site. No challenges of the jurisdiction of the
commission; no conflicts of interest.
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STAFF REPORT
Gary Pagenstecher, Associate Planner, went over the staff report (the staff report is available
to the public one week before the hearing.)
The applicant had distributed additional material (Exhibit B) which Gary went over with the
Commissioners.
Gary noted that he’d handed out an addendum to the Gray Memo, dated February 4, 2013,
(Exhibit C) which provides more specific findings with respect to potential transportation
impacts of the zone change and a comment letter from Marah Danielson, ODOT, (Exhibit
D) also received today, supporting staff’s conclusion in the addendum.
Gary said that based on the analysis, the applicable Comprehensive Plan policies are satisfied.
Demonstration of compliance with all applicable standards of any provision of this code or
other applicable implementing ordinance; and the proposed zone change does not include a
specific development proposal, but instead anticipates new uses in an existing business park.
Future redevelopment will be subject to Site Development Review, in which any proposed
development would be required to meet all of the current applicable Tigard Development
Code standards. The proposed zone change would be in compliance with all applicable
standards of the Tigard Development Code.
Gary summarized: The proposed zone change from I-L to I-P does not reduce lands
designated “Light Industrial” in the City of Tigard, as both zones comprise the land use
designation and provide implementation flexibility. The proposed zone change would use this
implementation flexibility to allow uses permitted in the I-P zone to occur on the subject site
including, primarily, office use. The rezone would allow office employers increased lease
options within the desirable I-5 corridor location where the applicant has demonstrated there
is an increasing market demand. Based on the findings in the staff report, the proposed zone
change complies with the applicable Comprehensive Plan policies, City of Tigard
Development Code chapters, and provides evidence of change in neighborhood.
QUESTIONS FOR STAFF - None
APPLICANT’S PRESENTATION
Lee Leighton, the Director of Planning with Westlake Consultants introduced himself as being
there on behalf of the applicant. With him were, from Pac Trust, Eric Sporre and Matt Oyen.
Mr. Leighton said they are all there to answer any questions the commission may have about
the proposal. He said he didn’t have anything further to submit – that staff had covered it and
that they were there to answer questions.
QUESTIONS FROM COMMISSIONERS
One of the commissioners asked, “Was it just because of the market and the way it was that
you guys came for the change - a change in tenants and that kind of thing? There were tenants
in there before. I’m wondering why this wasn’t zoned Industrial Park from the beginning.” We
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don’t know exactly how that came to be either. It came to light more recently. There had been office tenants in
those buildings but over time different people are in the jobs at the city and so forth – the situations look
different to different people. So the office tenants, perhaps in the past, shouldn’t have gotten the permits they did
but it never came up as a problem. Suddenly, the next day – the lease tenant for this space has difficulty getting
a permit from the City because somebody has looked closely at the zoning and said “Wait a minutes – we don’t
think that’s the right use” and everything stops. The bottom line is – that’s what brought this to the surface. It
may have been what you could call a “latent problem” for quite a while to the extent that there have been
multiple users in those buildings – there have never been complaints about traffic or congestion, or inadequate
parking, or any of those things. It just began coming to light that there was a zoning conflict and we had to
move to resolve it. Why it was zoned differently from the beginning, we don’t understand.
Another commissioner said she’d done the math and it didn’t appear that there were any
issues at all with the parking. She said she would be more than happy to see this go through.
“More office space in Tigard means more businesses in Tigard. That’s a good thing.”
Are the buildings currently vacant? We have currently just one vacancy in one of the buildings.
PUBLIC COMMENT
TESTIMONY IN FAVOR - None
TESTIMONY IN OPPOSITION - None
CLOSED PUBLIC HEARING
DELIBERATIONS
There was some discussion about light industrial zoning. One of the commissioners said she’d
received information from City staff that assured her that they do indeed have light industrial
lands that will be available down the road if a company wants to come in and utilize it. She
said she would support this. The others agreed and President Anderson said he would
entertain a motion.
MOTION
Commissioner Rogers made the following motion:
“I move for approval of application case number (ZON) 2012-00003 zoning map
amendment Pac Trust Zone change, and adoption of the findings and conditions of
approval contained in the staff report and/or based on testimony received.”
Commissioner Muldoon seconded the motion.
All voted in favor, none opposed, none abstained; the motion passed unanimously.
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BRIEFING: TIGARD TRIANGLE
Associate Planner, Cheryl Caines, gave an update on the Tigard Triangle project. She
distributed a Concept Plan (Exhibit E). She explained that the project is basically a
Transportation Growth Management (TGM) grant that was awarded to the City of Tigard in
October, 2012.
Project Update
Awarded TGM grant October 2012.
staff is currently working with our grant manager at ODOT to finalize a Statement of
Work (SOW) that outlines the project tasks.
Strategic redevelopment plan
will build upon the concept plan developed through the Tigard High Capacity Transit
Land Use Plan
consider information from other plans/studies – don’t want to repeat
develop a preferred land use and transportation option for the Town Center/Main
Street
adopt the necessary policy and regulations to suppport its development.
a final SOW is anticipated in mid-late February.
Key Elements
identify constraints/barriers – how to overcome
current zoning allows a mix of uses – why do we not have that
interview experts in suburban TOD
do we need to change the zoning for preferred land use option
start with blue area and narrow down
improve bike/ped access across Pacific Highway & connectivity within the Triangle
needed infrastructure, review costs, funding, strategies – such as urban renewal
Statement of Work – tasks outlined below
Task 1: Public Involvement and Interagency Coordination (June/July 2013)
Implement a Public Involvement Plan that includes Citizen and Technical Advisory
Committee meetings and public open houses that will happen throughout the process.
Task 2: Existing Conditions
Consultant will prepare an existing conditions report that looks at physical conditions,
market information, previous planning efforts, current city policies such as Transportation
System Plan, Comprehensive Plan, and Community Development Code.
Task 3: Needs/Opportunities/Constraints and Tools Analysis
Analysis of the information gathered in Task 2 to determine opportunities for improved
transportation and constraints for redeveloment of the Tigard Triangle. The consultant will
identify tools to overcome these constraints (including funding options) and develop
criteria to evaluate the land use and transportation options developed in Task 4.
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City of Tigard
Memorandum
To: Marah Danielson, Oregon Department of Transportation
From: Judith Gray, City of Tigard
Re: PacTrust Zone Change -- Addendum to Jan 23, 2013 memorandum
Date: February 4, 2013
Cc: Gary Pagenstacher, City of Tigard
Thank you for your comments in your email (January 31, 2013) regarding PacTrust’s proposed zone
change in Tigard. This memorandum is intended to address your suggestions and provide clarification
regarding findings related to each subsection of TPR 060 (9):
(a). The proposed zoning is consistent with the existing comprehensive plan map designation
and the amendment does not change the comprehensive plan map.
The zoning designation would be changed from “I-L; Light Industrial District” to “I-P:
Industrial Park District” with the existing comprehensive plan designation of “Light Industrial”
remaining the same.
(b). The local government has an acknowledge Transportation System Plan (TSP) and the
proposed zoning is consistent with the TSP.
The Tigard TSP was updated and adopted in 2010. It has not yet been acknowledged, although
it should be occurring very soon, as noted by Department of Land Conservation and
Development (DLCD) representative Anne Debbaut in an email on January 31.
The parcels were developed and occupied when Tigard’s TSP was updated (2010); therefore,
traffic from the property is included in the TSP base year (2005) conditions.
The Transportation Analysis Zone (TAZ) map used in the TSP update is attached. It shows that
the parcel site is located in TAZ 988. The accompanying table shows that the base year (2005)
employment for this TAZ is 7,366 and forecast year (2035) employment is 8,925; with an
increase of 1,559 employees.
The potential increase in employees associated with the proposed zone change is estimated in
the table below. Because the site is fully developed, the potential number of employees is
estimated assuming the current site area (156,179 square feet) remains constant. A representative
use under the existing I-L zone is Light Industrial; a representative use under the proposed I-P
zone is Office.
Estimated Employees, Current and Proposed Zones
Zone Land Use Total Area ft2/Employee* Total Employees
I-P (proposed)
Office
employee 156,179 270 578
I-L (current) Industrial 156,179 485 322
Estimated Potential Increase in Employees 256
*For lack of site specific date, estimates for average space per employee were obtained from the
planning web site “cyburbia.org” for this analysis.
As the table shows, the proposed zone change is expected to result in a potential increase of
approximately 256 employees, which is approximately 16% of the forecast 1,559 additional
employees within the TAZ.
It is therefore reasonable to conclude that the increased employment resulting from the
proposed zone change is consistent with the TSP.
(c) The area subject to the zoning map amendment was not exempted form this rule at the time
of an urban growth boundary amendment as permitted in OAR 660-024-0020 (1)(d), or the area
was exempted from this rule but the local government has a subsequently acknowledged TSP
amendment that accounted for urbanization of the area.
The area subject to the zoning map amendment was included in the original UGB established by
Metro and therefore is not exempt.
Conclusion
Base on this addendum along with previously submitted information, the City of Tigard has determined
that the proposed zone change would not significantly affect the transportation system, including state
highways, as defined in the Transportation Planning Rule.
Oregon
John A. Kitzhaber, MD., Governor
Department of Transportation
Region 1 Headquarters
123 NW Flanders Street
Portland, Oregon 97209
(503) 731.8200
FAX (503) 731.8531
ODOT Case #5581
February 4th, 2012
Planning Commission
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Subject: ZON 2012-0003: Pac Trust ZC
Light Industrial (I-L) to Industrial Park District (I-P)
Dear Commissioners,
We have reviewed the applicant’s proposal to change the zoning on 12 acres (parcels II and III
of the PacTrust Business Center) located between SW 72nd Ave and SW Upper Boones Ferry
Rd and Durham Rd. The zoning designation would change from “I-L: Light Industrial District” to
“I-P: Industrial Park District” which allows more office use with the existing comprehensive plan
designation to remain the same.
ODOT appreciates the coordination effort that city staff has made to ensure that the Oregon
Transportation Planning Rule 660-012-0060 (TPR 060) is addressed as it relates to state
highway facilities. The state highway facilities in the vicinity of the site include: SW Upper
Boones Ferry Rd (from SW Durham Rd to the Tualatin River Bridge) and Interstate 5
interchanges at Carmen Dr and Lower Boones Ferry Rd. ODOT has an interest in assuring that
proposed plan amendments do not significantly affect the existing and planned transportation
function, performance standards and safe operation of state highway facilities. Based on the
Staff Report findings and supporting memorandum (prepared by Judith Gray 1/23/13 and
2/4/13) addressing the Tigard Development Code Chapter 18.380 Policy 2.1.15 and TPR 060
section 9, ODOT concurs that the proposed zone change would not significantly affect state
transportation facilities.
Thank you for providing ODOT the opportunity to participate in this land use review. If you have
any questions regarding this matter, please contact me at 503-731-8258.
Sincerely,
Marah Danielson, Senior Planner
Development Review Program Planning Lead
ODOT Region 1
C: Lainie Smith, Lidwien Rahman, ODOT R1
Anne Debbaut, DLCD
CITY OF TIGARD CONCEPTS FOR POTENTIAL STATION COMMUNITIES | FINAL REPORT | JUNE 2012 23
CONCEPT
PLAN
S TATION T YPOLOGY
Parks, Open Space
and Natural Resources
Study Area Boundary
Rivers and Water Bodies
Railroads
Commuter Rail
The Tigard Triangle concept shows the
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blocks for a walkable, town center feel.
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of retail, employment and residential
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Proposed Station Types
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Proposed Connections (New and Improved)
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Conceptual Bike/Ped Amenities
The Tigard Triangle Preferred Concept
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restaurants and housing to complement
the current employment center, especially
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Highway.
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traveled roads in the state, which can
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that any new crossing meets multiple
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Downtown Tigard.
ACTIVITY
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