01/14/2013 - MinutesI:\LRPLN\Planning Commission\2013 PC Packets\011413\Nix\tpc 011413 minutes.docx Page 1 of 6
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
January 14, 2013
CALL TO ORDER
Acting President Anderson called the meeting to order at 7:03 p.m. The meeting was held in the
Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
ROLL CALL
Present: Acting President Anderson
Acting Vice President Rogers
Commissioner Doherty
Commissioner Fitzgerald
Commissioner Feeney
Commissioner Muldoon
Commissioner Schmidt
Commissioner Shavey
Absent: Commissioner Gaschke
Staff Present: Kenny Asher, Community Development Director; Tom McGuire,
Interim Community Development Director; Doreen Laughlin, Executive
Assistant; John Floyd, Associate Planner
COMMUNICATIONS – Our newest Commissioner, Brian Feeney, introduced himself to
the rest of the Commission. He spoke about his occupation and background. He said he was
glad to be a part of the Planning Commission.
CONSIDER MINUTES
December 17th Meeting Minutes: Acting President Anderson asked if there were any
additions, deletions, or corrections to the December 17th minutes; there being none, Anderson
declared the minutes approved as submitted.
PUBLIC HEARING WAS OPENED
DEVELOPMENT CODE AMENDMENT (DCA) 2012-00004
DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN
DISTRICT & GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT CODE
AMENDMENT
REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code
(TDC) and Zoning Map in a combined amendment package to adopt two new chapters and clarify the
applicable boundaries of four existing chapters. The City proposes the adoption of Chapter 18.605
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(Plan Districts) to provide a purpose statement and approval standards for the adoption of future plan
districts or the modification of existing and future community plan districts. The City and Clean Water
Services jointly propose the adoption of Chapter 18.650 to create a new plan district to govern future
development within the 106 acre Durham Advanced Wastewater Treatment Facility (Durham Facility).
The City also proposes text amendments to TDC Chapters 18.600, 610, 620, 630, and 640 to create a
uniform naming convention and add boundary maps to provide clarity as to where the regulations
apply; boundary maps to be identical to those adopted with the applicable chapters and are for
illustrative and clarifying purposes only. The City also proposes corresponding changes to the official
Zoning Map to add the boundaries of the Durham Facility Plan District and four other existing plan
districts which are not presently shown (Downtown, Tigard Triangle, Washington Square Regional
Center, and Durham Quarry aka Bridgeport Village).
LOCATION: Citywide
STAFF REPORT
Associate Planner John Floyd introduced himself and two representatives from CWS who
were present. He said they were ready to answer any questions the Commission may have.
John Floyd took the Commission through a comprehensive PowerPoint (Exhibit A)
recapping the highlights from the briefing that had occurred in December.
The project began a little over a year ago when Planning Staff discovered that wastewater
treatment is not allowed within the zoning districts applied to the Durham Advanced
Wastewater Treatment Facility located at Hall & Durham, next to Tigard High School.
Historical research revealed this is due to a legislative oversight in 1998 when the code was
substantially rewritten and reorganized. Rezoning the property was not found viable as a
Heavy Industrial Designation is the only available option – which has insufficient standards to
protect nearby land uses. When briefed on the situation, Council directed planning staff to
cooperate with CWS staff on the preparation of draft standards for site specific land use
regulations. This was codified in an IGA between the City and CWS that was signed in June
2012. Floyd said it should be noted that the IGA does not dictate a particular legislative
outcome, only the purposes and processes for cooperation on draft regulatory language, and
the Planning Commission is not constrained one way or another in making a recommendation
to Council. Because the TDC is silent on the purpose and procedures for plan districts, this
project proposes the creation of new language to fill this gap.
Durham Advanced Wastewater Treatment Facility is the second largest treatment facility
operated by CWS. When constructed in 1973, it replaced 14 smaller facilities scattered around
the region and is located at the southeast corner of Hall Boulevard and Durham Road,
between Tigard High School and Durham Elementary School. The facility has grown over the
years to include 106 acres on 8 parcels. Approximately 1/3 of this area is located in the
Tualatin River Floodplain, which limits its development potential for treatment operations.
Changes in philosophy and technology are driving significant changes in how the plant
operates, with treatment being increasingly augmented by energy and nutrient reclamation and
reuse, including partnerships with outside parties. Sensitive land uses have crept closer to the
facility in recent decades – creating the potential for conflict. When first constructed, Durham
Facility was located next to the Thomas Dairy Farm and various other rural land uses.
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Subdivision records indicate urban densities first appeared nearby in the late 1970s and early
80s, with the plant now surrounded by a significant number of residential and recreational land
uses. Incremental growth over time has resulted in a split zoned property, half residential and
half industrial-park zoning, that no longer fits existing conditions.
There are three main components to what is being proposed:
1. Creating 18.605 to create a code foundation for plan districts.
2. Creating consistency and clarity within existing chapters and maps.
3. Creating 18.650 to create the Durham Facility Plan district.
Revised development standards are at the heart of the new plan district. These include:
• Measurable design standards for noise, odor, and light. These would replace existing
noise, odor, and light standards which are hard to quantify or design for. CWS or
another entity building within the plan district would have to submit engineering
reports certifying the project would comply with off-site impact standards.
• Significant setbacks and buffering will help to mask the facility from all sides, and
preserve the fountain and an open space corridor along Durham Road.
• There are also design standards for industrial development along Durham road, and
improved emergency vehicle access to Waverly Estates.
STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed amendments
contained in Attachment 1 of the staff report with any alterations as determined through the
public hearing process, and make a final recommendation to the Tigard City Council.
QUESTIONS / COMMENTS
Commissioner Muldoon asked what the “worst case scenario” would be for odor, impacts
etc., and would this be within the range of reasonable tolerances? Floyd answered that yes –
the worst case allowed scenario would be the maximum threshold set in the code and the
thresholds are set so that the impacts would be at a tolerable level.
Commissioner Feeney inquired about the access road. Randy Neff, the Principal Engineer of
CWS Durham plant, explained that there’s an easement there in case of a fire and that part of
the process is improving that emergency access road. He explained that it would hard surface
road all the way through the plant up to the end of Waverly Drive with gates on either end
that the Fire Department can access in case they need to get to Waverly Drive by a second
route. Commissioner Feeney asked when that would take place – sooner than later. Mr. Neff
said that the next major phase of the Durham Plant improvement expansion is under design
now and they hope to be under construction next summer – and this road is a part of that
project.
APPLICANT PRESENTATION – Mr. Randy Neff, Principal Engineer of the CWS
Durham Plant, explained to the Planning Commission their commitment to being good
neighbors in the City of Tigard. He said they’ve spent a lot of money covering odorous
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neighbors in the City of Tigard. He said they’ve spent a lot of money covering odorous
processes and putting in odor control. About five years ago they did a major odor control
study. A lot of odor control is taken care of by chemical scrubbers – some 20 years old. He
said that’s outdated technology but they have a multi-phased plan – of which they’ve already
done one phase - and that’s to sequentially replace the older, more troublesome, chemical
scrubbers with newer technology such as bio-filters to provide a “green” alternative and a
much better treatment process where possible.
Mr. Neff emphasized again that the CWS Durham Plant really tries to “walk the walk” when it
comes to being a good neighbor. The quantitative standards you see in the report are very new
in the industry and on the leading edge. He said it’s called for in the situation where the public
is pretty much built right up to the CWS gate. He believes good planning in terms of providing
adequate buffer and these regulations is a “win-win” situation for everybody.
COMMENTS
Commissioner Doherty said she lives in the neighborhood of the plant and wanted to say that
even living there… you would never know that there’s a sewer treatment plant as large as it is
in the neighborhood – period! “I live on the other side of Tigard High and Commissioner
Schmidt lives right across from it and… there’s never any odor or any of that type of thing.
You just wouldn’t know it was there and I’ll bet if you asked most of the people that live in
that neighborhood ‘Where’s the sewer treatment plant?’ they would not know – because it’s
hidden way back; in the front there’s just the very nice water feature - it IS a good neighbor.”
TESTIMONY IN FAVOR – None
TESTIMONY IN OPPOSITION – None
CLOSED THE PUBLIC HEARING
DELIBERATIONS
One of the commissioners stated that she thought staff had done a good job in explaining why
this needs to be done. She has no questions. The general consensus seemed to be that they all
agreed. Acting President Anderson asked if anyone had a motion.
Commissioner Calista Fitzgerald interjected that she had questions about unconditional uses
that are being applied to the Administrative Sub-District. She noticed that only on the
Administrative Sub-District is there a requirement for roof-mounted equipment to be
screened from adjacent public streets (page 82 of the proposed amendments). She said she
noticed on the map on page 85 Waverly Estates actually would be affected and that it would
be in their view lines – so she’s wondering if that portion can be applied to the operations
Sub-Districts so anything that comes in there could be screened from the housing
development. The other piece is also in the Sub-District – Paragraph B, subsection 2 – the
“Ground Floor Windows” – she said it’s a pretty generic statement to say “50% of all ground
floor wall area will be windows or doorway openings.”
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Commissioner Fitzgerald suggested adding fiber cement products, such as “HardiePlank,” to
the material exclusion list. There was a lengthy discussion about design standards, and whether
the standards set here would affect the Tigard Triangle design standards. John Floyd said that
this is a “stand-alone” chapter and that anything done here would only change development
there on Durham Road – it would not affect the Triangle at all. These are regulations specific
to this piece of property. Commissioner Fitzgerald said she considers this a first step to
improving the design aspects in Tigard, and that by applying it here they might take the
opportunity later to apply it to the Tigard Triangle and other areas.
After lengthy deliberation, Acting President Anderson suggested that Commissioner Fitzgerald
wordsmith changes she’d like to see. He asked her if she wanted to take a few minutes to
negotiate something and write it out. John Floyd told the Commission that this wouldn’t go
to Council until March so there’s actually time on the first February agenda to consider this.
He said he’d actually anticipated another hearing for this item and so if the Commission
wanted to work with staff to wordsmith this a bit and bring it back… Commissioner
Fitzgerald interjected “It’s an opportunity to really improve the aspects upon the
Administrative portion… it could maybe be improved upon and then go to the Triangle.” The
question was asked if this could be approved tonight with the exception of this small portion
that could be approved later. Commissioner Fitzgerald said she would prefer to take the time ,
let staff look at it, and come back later - especially since staff had already anticipated that.
Commissioner Shavey said he objected to passing part of this now and then part of it later. He
thinks having a little bit of time is a wise idea - “get it right, come back, and do it all”.
John Floyd wanted a bit of clarification as to what the Commission wanted. “So to restate:
you’re wanting better language for (inaudible) and materials in the Sub-District and then better
screening for the Waverly Estates.” The next date is February 4th and we have sufficient time
to look at that and bring it back.
Acting President Anderson: “Okay – do we have a motion to postpone?”
MOTION TO POSTPONE
There was a motion to postpone the meeting to a later date (February 4th) by Commissioner
Shavey – seconded by Commissioner Rogers. A vote was taken and the move to postpone
passed unanimously.
ACTION ITEM: PLANNING COMMISSION ELECTIONS
[According to the Planning Commission bylaws, elections take place on the “odd” year. This
being the first meeting of the year 2013, there was a call for nominations for the office of
Planning Commission President and Vice President.
Commissioner Shavey moved to nominate Commissioner Tom Anderson for President;
Commissioner Fitzgerald seconded the motion. There were no other nominations. A vote was
taken. All were in favor, none opposed.
Commissioner Fitzgerald moved to nominate Commissioner Jason Rogers for Vice President;
Commissioner Schmidt seconded the motion. There were no other nominations. A vote was
taken. All were in favor, none opposed.
Newly elected President Anderson called for a short recess and asked that everyone reconvene in
the Red Rock Conference Room for a more informal discussion regarding Planning Commission
2013 Goals.
RECESS
DISCUSSION — PLANNING COMMISSION 2013 GOALS —
The Commission reconvened in the Red Rock Conference Room and President Anderson
opened up the discussion. He said he knew that Commissioner Shavey had some thoughts that
he'd like to share and asked him to do so. Commissioner Shavey said he believes education is
very important for the Commission. He suggested that perhaps every 2nd meeting include
education of some sort. His goal is to move the Commission to the forefront in knowledge of
economic development. He wanted to use a few of their sessions for education. He gave
several ideas as to how to go about that. There was some discussion as to how much time the
Commissioners were willing to devote towards this. It was decided that the goal would be to
shoot for something with an educational emphasis on a quarterly basis. The Commission is off
to a good start with a training/educational session already scheduled for this first quarter. It
will take place in March and will include Planning Commissions from Beaverton and Lake
Oswego as well as those City Councils.
There was discussion about the draft "Planning Commission 2013 Goals" that Tom McGuire
had put together and emailed out to the Commissioners after their last discussion about goals.
The consensus was that he had pretty much captured their thoughts and that his draft was a
good one. It was decided to make just one change - that being to add a bullet point under the
"Tigard Triangle" sub-section. The bullet would include language about considering the
development of an incremental concept plan for the triangle.
OTHER BUSINESS - None
ADJOURNMENT
President Anderson adjourned the meeting at 9:15 p.m.
Doreen Laughlin, Plannin ommission Secretary
• 6-I M 14-.A
ATTEST: President Tom Anderson
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CITY OF TIGARD
Respect and Care | Do the Right Thing | Get it Done
DCA2012-00004
Public Hearing
January 14, 2013
John Floyd, Associate Planner
CITY OF TIGARD
Project Origins
Regional wastewater treatment facility found
nonconforming due to legislative oversight
(1998 Development Code Rewrite)
Existing code inadequate to resolve issue
Intergovernmental Agreement (IGA) with CWS
TDC is silent regarding Plan Districts (Legal Exposure)
CITY OF TIGARD
Durham Advanced Wastewater Treatment Facility
Owned & Operated by Clean Water Services
Constructed 1973 / Annexed 1976
106 Acres across 8 parcels
Service Population > 200,000 and growing
Increasing emphasis on resource/energy recovery &
public-private partnerships.
CITY OF TIGARD
Adjoining Land Uses:
Single/Multi-Family
Residential
Public-Schools
Public Parks
Light Industrial
ODOT Facility
CITY OF TIGARD
Existing Zoning:
Split Zoned
Neither zone allows
wastewater treatment
Heavy Industrial Zoning
inappropriate for area
CITY OF TIGARD
Core Project Issues
1.Plan Districts Generally
2.From Master Planning to Dynamic Growth
3.Off-Site Impacts
4.Resource Recovery & Public-Private Partnerships
5.Site Circulation
CITY OF TIGARD
What is proposed?
Governing regulations for plan districts (18.605)
Clarification of existing districts & Legislative Notes
(18.600-640)
Naming Consistency
Boundary Maps
Official Zoning Map
New Durham Facility Plan District (18.650)
CITY OF TIGARD
What is a Plan District?
Zoning regulations unique to a specific facility or
district.
Used when standard zoning is no longer adequate or
sufficient to protect the community.
Examples include Tigard Triangle & Downtown
CITY OF TIGARD
Proposed Changes to Official Zoning Map
CITY OF TIGARD
Proposed New Chapter: 18.605 (Plan Districts)
Clarifies purpose, content, and approval criteria
Improves defensibility of Durham Facility Plan District
and future code amendments.
CITY OF TIGARD
Proposed Amendments to 18.600-640
Creates Naming Consistency
“Durham Quarry” updated to “Bridgeport Village”
Existing district boundaries included in each chapter
Corrects outdated language in 18.600 (legislative
notes) and Map 18.610.A (Downtown Sub-Districts)
CITY OF TIGARD
18.650: Durham
Facility Plan District
Acknowledges facility
as primary land use
in plan district
Provides flexibility in
phasing of
improvements
Better protects
adjacent properties
CITY OF TIGARD
Proposed New Chapter: 18.650 (Durham Facility)
Perimeter & Sub-District based regulations
Allowed Land Uses (Table 650.1):
Wastewater treatment
Offices
Accessory Industrial
Community Recreation
CITY OF TIGARD
Proposed Review Procedures in 18.650
Generalized exemption from land use permits
(straight to building permits)
Conditional Use Permits for:
Specified land uses
Projects impacting transportation system
Temporary Off-Site Impact Permits
CITY OF TIGARD
Proposed Development Standards in 18.650
Measurable design standards for noise, odor & light
Perimeter setbacks & landscape buffers/screening
Preserves existing fountain/greenspace
Design standards to protect Durham Road Corridor
Improved emergency vehicle access to Waverly Estates
CITY OF TIGARD
Public Noticing & Comments
Project Website & Cityscape
Neighborhood Meeting (owners within 1,000’ invited)
Affected Agencies & Adjacent Cities
Citywide Interested Parties List
CITY OF TIGARD
Errata #1: Table 18.650.1
(See page 63 of Project Report)
Sub-Districts
Land Use
Administrative
Sub-District
(DA)
Operations Sub-District
(CT)
Floodplain
Sub-District
(LC)
Waste Related N P N
Office P P N
Basic Utilities P P P
Utility Corridors P P P
Industrial Services C1 P N
General Industrial N R2 N
Community Recreation P P P
Wireless
Communication
Facilities
P P P
CITY OF TIGARD
Recommended Change #1: Text 18.600
18.600: COMMUNITY PLAN DISTRICT AREA STANDARDS
(See page 25 of Project Report)
CITY OF TIGARD
Recommended Change #2: Text 18.650.050.A.2
The Operations Sub-District shall meet buffer standards F
along all boundaries of the sub-district, as set forth in
Table 18.754.2, with the exception of the boundary
between the Operations Subdistrict and Administrative
Subdistrict.
(See page 69 of Project Report)
(See page 63 of Project Report)
CITY OF TIGARD
CITY OF TIGARD
Staff Recommendation
Staff recommends the Planning Commission find in favor
of the proposed amendments contained in Attachment 1
of the staff report, with any alterations as determined
through the public hearing process, and make a final
recommendation to the Tigard City Council.
CITY OF TIGARD
Nasal Ranger in Action