04/20/2015 - Minutes CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
April 20, 2015
CALL TO ORDER
President Rogers called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic
Center,Town Hall, at 13125 SW Hall Blvd.
ROLL CALL
Present: President Rogers
Alt. Commissioner Enloe
Commissioner Feeney
Commissioner Lieuallen
Commissioner Middaugh
Alt. Commissioner Mooney
Commissioner Muldoon
Commissioner Ouellette
Commissioner Schmidt
Absent: Vice President Fitzgerald; Commissioner Smith
Staff Present: Kenny Asher, Community Development Director;Tom McGuire, Assistant
Community Development Director; Gary Pagenstecher,Associate Planner;
Doreen Laughlin, Executive Assistant
COMMUNICATIONS — Commissioner Middaugh reported that he'd attended the Police
Citizens Academy. He found it to be a great event and well worth people's time. He noted that
they're well aware of River Terrace and that a lot of new homes will be coming soon.
CONSIDER MINUTES
March 2nd Meeting Minutes: President Rogers asked if there were any additions, deletions, or
corrections to the March 2nd minutes; there being none, Rogers declared the minutes approved as
submitted.
OPEN PUBLIC HEARING
President Rogers opened the public hearing.
PUBLIC HEARING
POLYGON AT ROSHAK RIDGE PLANNED DEVELOPMENT—PDR2015-00002; SUB2015-
00004; SLR 2015-00001;TUP 2015-00003 and 00008-13;VAR 2015-00014-24
REQUEST:The applicant requests a 244-unit planned development with concurrent concept and detailed
plan review, subdivision review, sensitive lands review, development adjustments for front yard orientation
away from SW River Terrace Blvd for eleven lots,and temporary use permits for six model homes and one
sales trailer.APPLICANT: Polygon Northwest Company PROPOSED ZONE:R-4.5:low-density
residential district. R-7 &R-12:: Medium-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a minimum lot size
April 20, 2015 Page 1 of 7
of 7,500 square feet.Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. LOCATION: Northeast corner of SW Roy Rogers Road
and SW Bull Mountain Road;Washington County Tax Map 2S107,Tax Lots 00100 -00106 APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.510, 18.660,
18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.785, 18.790, 18.795 and 18.810.
QUASI-JUDICIAL HEARING STATEMENTS
President Rogers 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: Commissioners Middaugh,
Schmidt, Feeney, Muldoon, Enloe, and Mooney had made site visits. No one wished to challenge
the jurisdiction of the commission.
STAFF REPORT
Assistant Community Development Director,Tom McGuire gave a quick introduction to the
commission. He noted this is the first of three River Terrace related Planned Developments. This
is the culmination of what they've been working on for a couple of years now. He reminded the
commissioners that they'd reviewed and approved the Community Plan in December,approved
the Plan District in February, and this is where the "rubber hits the road."
Associate Planner Gary Pagenstecher then introduced himself and distributed a memorandum
that revised staff's recommendation in the staff report as follows:
STAFF RECOMMENDATION
Staff has revised its recommendation to the Planning Commission to find that the proposed
Planned Development Concept Plan will not adversely affect the health, safety and welfare of the
City and meets the Approval Standards as outlined in the staff report. Staff recommends the
Planning Commission approve the Concept Plan.
Due to uncertainty in several areas identified below, staff recommends continuing the
hearing to a time certain to allow clarification of these matters as applied to the proposal
before deciding the applications for Detailed Plan, Subdivision, Sensitive Lands Review,
Adjustments,Temporary Uses, and Deferred Compliance.
Issues Requiring Further Clarification
1. The new Tualatin River Urban Stormwater (TRUST) specifications for calculating
stormwater detention facility design have only recently become available. It is expected
that the required storm facility area will be substantially greater than the area proposed in
the northwest corner of the site,which could impact the proposed lot layout and street
design. These standards are expected to be available in late May.
2. The applicant proposes using the unimproved Roshak Road right of way along the north
property line for relocation of a stream and states they will be applying for right-of-way
vacation under separate application. Since the vacation decision would be made by City
Council, approval of the detailed plan now would be presumptuous. In exchange for
vacation of the right of way, including a public benefit in the project such as pedestrian
access would require amended approvals from CWS and perhaps other approval agencies.
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3. The applicant proposes to bury the agriculturally contaminated soils found across the site
in a central location, cap them, make park improvements over the surface, and then
dedicate the approximately two-acre site to the City as a public neighborhood park. Staff
has not had time to research the issues involved in order to make a determination whether
to accept dedication for use as a public park. To meet standards for shared open space,
parks must be public.
4. The proposed Development Agreement has not been sufficiently outlined to answer
questions related to the "who,what and when" of deferred provision of adequate public
facilities.
APPLICANT
Fred Gast, President of the Oregon Division of Polygon NW noted that staff and the
community had worked very diligently on this development area for a significant period of time.
They were very thorough and professional and certainly added value to this proposal— the first,
of many to come in River Terrace which has been under review for a considerable period of
time. He spoke to the tremendous amount of planning and public outreach that has gone into
this project and that it's second to none. He said the plan is well thought out and is a community
based effort- with a lot of input from the community. He stated that River Terrace isn't
necessarily an area targeted for development but with all the planning effort that's gone into this
area—it really is a master planned community; not a collection of sub-divisions but a very well
thought out plan. He noted that usually master planned communities are a developer driven
effort. This, however,was a community based effort; Polygon's role really is more just from an
implementation point of view. It's the community that came up with the road network—with the
parks orientation,with the open spaces,with the way that pedestrians interact in this community;
that is different—and by doing that they've come up with a very prescriptive plan for us. They've
told us where all these infrastructure and these different proponents are going to go. Then it's up
to us to take their plan forward and make it a reality. I think the plan, in its bigger picture is
absolutely exceptional. He said that Jim Lange was present to review how they've built up the
different components of the plan based on that prescriptive path.
Jim Lange of Pacific Community Design using a PowerPoint, took the commissioners
through a series of the components that consist of the River Terrace Community Plan (Exhibit
A). Transportation improvements will include Roy Rogers widening; Bull Mountain widening;
Signal at Roy Rogers/Bull Mountain; Roundabout; River Terrace Boulevard; and the River
Terrace Trail. He noted that the roundabout is a key element. It ties this landscaped wide road
with an adjacent trail and it takes that landscaping out into the street. They also work really well
for this level of traffic. It provides a flat spot on the road to help with pedestrians passing
through. Mr. Lange went on to talk about the water & sewer system improvements. He noted
that the stormwater system is currently sized 230% larger than the master plan He talked about
the neighborhood park that's 2.05 acres and an HOA Swim Center. They are planning on a youth
playground as well as a tot lot and a half-court basketball. He noted they're at 26.7% (or 10.67 ac)
total open space.
Fred Gast came up and spoke about the architecture. He noted River Terrace offers a collection
of different neighborhoods within a master planned community. That adds intrinsic value to
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communities as a whole. There are various types of homes—cohesive— different textures —lots
of interest. He went over the different styles. He said they receive lots of positive response.
QUESTIONS FROM THE COMMISSIONERS
Regarding the roundabout on Bull Mountain Road— are you doing the whole street— are
you buying enough right of way that you can actually finish the roundabout—because it
looks like it's extending past your right of way. The scope of the site, on this plan anyway,
basically takes us to the center alignment. We have the property directly to the south and it's our
intention to develop that street at one time.
What are we looking at for wildlife corridors? If you get back to the overall plan—you'll see a
lot more of that in the next stage. Are we seeing bike lanes and wide sidewalks on the east
side of Roy Rogers Road? Yes, that's right.
What would be the anticipated groundbreaking date that you would want to meet— and
is that ahead of what the county has mentioned to you?Yes, we're kind of in tandem on
that. Our desire, based on economic cycles...it's important for us to hit the ground running in
the summer and be underway with development. The county's program may lag that,in which
case we'll be working with them on intersection improvements, because we need to make those
today from our perspective at Bull Mountain and Roy Rogers.
Is the signal part of your widening of Bull MT Road or is that the county's project? Our
proposal is that we would do the intersection improvement in front of the county's project. We
think we can bring that to the forefront a lot faster than the county's overall project.
I think the master plan looks great - but I think plans can change over time. I'm
wondering how you would address that. Let's say the master plan says "We'll put in a
pool" — and then later, at some point decide not to put in that pool;would that ever
happen? Change is inevitable, certainly. I can't say that nothing ever changes; however, I feel
very confident that the plan we have in front of you won't change. And again, the pool is
something that we're offering- it wasn't a requirement—but again, we're building a master
planned community. It adds that intrinsic value. I feel very confident that what you see is what
you're going to get. Expectations are crucial—we find that to be the case in all of our
relationships -whether it's here in front of you folks, or with our customers. If I had an inkling
that this plan would change, then I probably wouldn't be here.
I wonder if you would address the four points that staff raised. I think that's important to
clarify for the commission so there's transparency with us. Absolutely!
1. The first is the Tualatin River Urban Stormwater (the TRUST). The staffs concerns can't
be discounted by any means. They're working with us to create this community so again—
they're our partners. The concern with the plan is—while there's this new standard that's
being developed, is there going to be a significant upsizing in the facility and they point
out in a memo that it could be 1 '/z to 2 times the size that was in the master plan. At
230%we feel very confident that we've pretty much got it in that hand grenade range—
it's real close.
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2. The Roshak Road ROW is the northern boundary of our site. The transportation plan
doesn't have that as a future road and part of the reason is because it doesn't extend to
the east anymore. It was vacated a number of years ago on the east with an easement put
in place for storm drainage. The staff's concern is that "it's different for us, it's a right of
way and you're planning on enhancing an amenity on this site in that right of way." Our
point of view is —it's not going to be used. To clean things up we can pursue a vacation—
just to clean up everything. But it doesn't mean that—even if it weren't vacated, you
couldn't have an amenity there. We have experience in this. This isn't the first time that
something like this has been proposed and that we've followed through on it. It wouldn't
be the first time something was built in a right of way.
3. Soils —Again, experience probably prevails and probably shame on me for not trying to
bring this out more clearly for everybody to kind of understand. The soils are
contaminated - but I use that term somewhat broadly. It's kind of a black and white issue
but if you were to grade things, this is probably a level 1 out of a 10. We engaged DEQ
early on and they've given us an improved work plan for dealing with the contaminants
on the site. It's something they're accustomed to doing and it's something that we have
done in the past as well as to create a repository for the stuff that was tagged as "hot" - to
borrow a term. And then to cap that with clean material to limit contact— and that's really
what they're interested in. It is, from their point of view, better to put it in the park area
and cap it, than to put it in other areas of development—backyards and what have you.
And that's because they're associated with a contact and time of contact. Their logic is,
you spend less time in a park than you do in other areas. If it's capped appropriately,
you're fine in executing it in that way. We have a lot of experience in dealing with this
because of the time we've spent developing properties.
When talking about agricultural contaminants, can you give me a couple of examples in
layman's terms what these things are? Secondly, were this 30 years ago, here in Tigard,
would we be addressing these concerns? If we were in Tigard 5 years ago we wouldn't be
addressing these issues. So what kind—are we just talking about fertilizers? It's DDE/DDT
low levels, low concentrations. Again, we wouldn't be talking about it because they lowered the
level to a very low level— and that's fine. So in my mind—not a great concern? No, but
you've got to deal with it proactively, right?And that's why we're taking the approach we're
taking. The alternatives are three options: 1) Put it under the town home buildings; 2) put it in
the park area and cap it (with 3 feet of good soil); or 3) you can haul it off.
4. Development Agreement—We've done a lot of development agreements. I have one I've
been drafting now for a number of months to come up with all of the details. But we had
our preliminary approval for that site seven months ago and we've started grading
activities on the site and we're ready to sign it— so that'll come later. Sometimes they're
done earlier in the process, it's just from my point of view, what we're doing is at our risk
until we determine the finer points. And that is expectations of what improvements we're
going to make,what credits we're going to get back—those are really the fundamental
issues associated - the timing, and that kind of thing.
April 20, 2015 Page 5 of 7
QUESTIONS
Is this a phased development? We intend to develop this all at one time. And that's so that we
can have all of those home styles and price points available at the same time. We also want to
have the infrastructure done. It wouldn't be surprising to me if we see this community sell 20
homes a month. We're selling a neighborhood — something different from everywhere else.
TESTIMONY IN FAVOR—Kenny Asher, Tigard's Community Development Director is
excited to see Polygon come forward with this proposal. He is in support of the staff
recommendation to approve the concept plan. He's giving testimony as an interested party—
separate from the land use decision making process. He said he's not participating in the staff
report, the findings, or anything like that. He believes Polygon has been a great partner. They
came forward with this concept plan early on and immediately embraced River Terrace Blvd.
which is a keystone item for Tigard—to make this a walkable and inter-connected kind of place
that has an identity that goes beyond any one subdivision that ties the whole thing together. He
itemized a few things that he believes makes this a very strong proposal:
• Implements the Community Plan that is the product of neighbors, property owners, and
other stakeholders.
• Mixture of lot sizes and housing types will meet a wide range of housing needs
• Regional water quality/quantity stormwater facility will meet new flow duration design
requirements and community amenity standards for recreation, habitat, and/or education
• Centrally located neighborhood park with multi-modal access implements Park System
Master Plan concept plan and is consistent with the city's LOS standards
• River Terrace Blvd contains key design elements (i.e. landscaped median and trail
corridor) and will meet boulevard planting standards
• Pedestrian connections and amenities throughout will help residents lead healthy and
interconnected lives.
TESTIMONY IN OPPOSITION—Joyce Lidke 14405 SW 164th Tigard, OR said she's not
against this as she thinks it will be lovely. She just wanted to comment. Her concern is the traffic
that it will put on 164th St. which is Washington County and not the City of Tigard. She will talk
to Washington County too. She's not sure the roundabout is going to help her street. She thinks
people will go through their street instead of the roundabout. She really believes there's a need
for the signal on Roy Rogers and Bull Mountain Rd. She hopes the signal will be in place before
the whole development is done. She added that she hopes they'll make some single story homes
or something with a master on the main floor.
APPLICANT REBUTTAL
Fred Gast came up to speak again. He noted that the signal is integral to the project. He said that
they intend to install it. With regard to River Terrace Blvd., they hope to build it as soon as
possible—they'll push for its early development. So far as the master on the main he said, 'We
have a house for you,Joyce! That will be part of our suite of homes that we'll be offering at River
Terrace. It's very much needed."
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PUBLIC HEARING — CLOSED
No further testimony or questions from the audience are allowed.
CONCEPT PLAN DELIBERATION
President Rogers said this is the time for the commissioners to talk amongst themselves about
the concept plan and detailed plan.
Commissioner Muldoon sees no problem with the Concept Plan. He believes it could go forward
tonight and he doesn't see specific conditions that would need to be addressed. Commissioner
Schmidt is comfortable with it as is and sees no reason not to approve it. The other
commissioners concurred. President Rogers said it looks very walkable and inter connected. He
believes they've done a good job and are setting the bar high; they're doing well with the wildlife
-good job. He supports the Concept Plan as well.
DETAILED PLAN DELIBERATION
The commissioners decided that they are in support of continuing the Detailed Plan to a date
certain. They talked about what questions/concerns they would like staff to answer (other than
the four in the memo from staff) and come back with on that date. At staff's suggestion, it was
decided that May 4th would be the date that they'd continue the hearing to.
CONCEPT PLAN MOTION
Commissioner Muldoon made the following motion: "I move that we approve the
development plan - leaving the Detailed Plan for a date certain, May 4th, and that
substantially we found that the Concept Plan will not adversely affect the health, safety,
and welfare of the City and meets the approval standards as outlined and supported by
the testimony and documentation that we saw tonight."
Commissioner Schmidt seconded the motion.
All in favor—none opposed—no abstentions.
MOTION PASSES UNANIMOUSLY
OTHER BUSINESS — None.
ADJOURNMENT
President Rogers adjourned the meeting at 8:40 p.m.
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