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05/16/2011 - Packet , II Completeness TIGARD Review for Boards, Commissions and Committee Records CITY OF TIGARD PLANNING COMMISSION Name of Board, Commission or Committee May 16,2011 Date of Meeting Signature Doreen Laughlin 11/6/14 Date " City of Tigard sd TIGARD 14 Planning Commission Agenda MEETING DATE: May 16, 2011; 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd.,Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:05 p.m. 5. PUBLIC HEARING—7:05 p.m. COMPREHENSIVE PLAN AMENDMENT (CPA) 2011-00001/(ZON)2011-00001 WESTSIDE CHRISTIAN HIGH SCHOOL REQUEST: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for a single 7.44-acre lot from Professional/Administrative Commercial (C-P) to Mixed-Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. LOCATION: The property is located at 8200 SW Pfaffle Street. The site is bounded by SW Pfaffle on the north,Hwy. 217 on the west, and Pacific Hwy. on the south 6. OTHER BUSINESS—8:05 p.m. 7. ADJOURNMENT 8:15 p.m. PLANNING COMMISSION AGENDA— MAY 16, 2011 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 IIICity of Tigard PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF THE TIGARD TIMES, THE FOLLOWING: TIGARD PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission on Monday May 16, 2011 at 7:00 PM and before the Tigard City Council on Tuesday June 14, 2011 at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon. Public oral or written testimony is invited. The public hearings on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Gary Pagenstecher, Associate Planner) at 13125 SW Hall Blvd.,Tigard, Oregon 97223 or by calling 503-639-4171. COMPREHENSIVE PLAN AMENDMENT (CPA) 2011-00001/ZONE CHANGE (ZON) 2011-00001 - WESTSIDE CHRISTIAN HIGH SCHOOL - REQUEST: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for a single 7.44-acre lot from Professional/Administrative Commercial (C-P) to Mixed-Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. LOCATION: The property is located at 8200 SW Pfaffle Street. The site is bounded by SW Pfaffle on the north, Hwy. 217 on the west, and Pacific Hwy. on the south; Washington County Tax Assessor's Map 1S136CC, Tax Lot 100. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intradistrict pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. COMPREHENSIVE PLAN DESIGNATION: Professional/Administrative Commercial to Mixed-Use Employment. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Goals: 1, Citizen Involvement; 2, Land Use Planning; 9, Economic Development; 10, Housing; 11, Public Facilities and Services; 12, Transportation; 13, Energy Conservation; Same Statewide Planning Goals; Oregon State Transportation Planning Rule (TPR); and the Metro Regional Transportation Plan (RTP). TT PUBLISH DATE: APRIL 28,2011 (PLEASE SEE ATTACHMENT 2 FOR THE MAP TO BE PUBLISHED WITH THIS LEGAL AD. THANK YOU.) SUMMARY OF PROPOSAL Applicant: Andy Sears, Principal Westside Christian High School 4565 Carman Drive Lake Oswego, OR 97035-2574 Telephone: (503) 697-4711 Facsimile: 503.697-4711 Ext. 225 Email:sears@westsidechristianhs.org Land Use Planner: Beverly Bookin, AICP The Bookin Group LLC 1020 SW Taylor Street, Suite 760 Portland, Oregon 97205 Telephone: 503.241.2423 Facsimile: 503.241.2721 Email:bookin(d bookingroup.corn Request: Type 111-PC Comprehensive Plan Map Amendment from General Commercial to Mixed-Use Employment and Zoning Map Amendment from Professional/ Administrative Commercial (C-P) to Mixed-Use Employment (MUE), subject to a "trip cap" that recognizes the limitations of the existing and future transportation system in the vicinity of the site. A copy of the 11/9/10 Pre- Application Conference (PAC) notes is contained in Appendix A. The mandatory neighborhood meeting was held on 2/7/11. Once copy of the required meeting materials is being included in this submission. Location: 8200 SW Pfaffle Street Site Size: 7.44 acres Legal Description: 1 S136CC00100 Zoning: Professional/Administrative Commercial(C-P) Neighborhood: CPO 48, CPO 4M Summary: Currently located in leased space on the Lake Bible Church campus in Lake Oswego, Westside Christian High School (WCHS) has been looking for a permanent site for the past few years. The school is considering the purchase of a 7.44-arce site at 8200 SW Pfaffle Street near downtown Tigard. Formerly a General Motors automotive training center, the site currently is owned by City Bible Church (CBC). WCHS proposes to renovate and expand the existing facilities to accommodate a student body of up to 400. CBC would remain as a tenant using the facility on Sundays and on Wednesday and Saturday evenings when not needed for school activities. Although churches are permitted in the C-P zone, schools are not allowed by right. Thus, WCHS cannot relocate to the site without a zone change. WCHS has sought guidance from the City of Tigard Planning Department about the most appropriate zoning designation. As noted in the PAC notes, the city has indicated that it "would support"the application of the Mixed-Use Employment (MUE) zone, currently applied only in the nearby Tigard Triangle, for the following reasons: Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Summary of Proposal I-1 .....1)the zone allows schools as a conditional use;2)the zone continues to allow religious institutions outright; 3) the zone allows residential use with a maximum density of 25 units/acre, consistent with the adjacent R-25 zone; 4) the zone allows a greater mix of uses than C-P, consistent with Pacific Hwy High Capacity Corridor Planning; and 5) the code anticipates the application elsewhere in the city through the legislative process. As part of the request, the applicant is asking that a condition of approval be the imposition of a trip cap on site trips no greater than the most intense allowed use, medical/dental office, in the C-P zone, in recognition that any up-zoning of the site could lead to overtaxing existing or future roadway capacity in the vicinity. A high school is a perfect use at this location because its afternoon peak occurs before the general PM peak. The implementation of a trip cap is a way to demonstrate compliance with the State Transportation Planning Rule (TPR), although the applicant will have to undertake a detailed transportation analysis for the proposed school as part of its subsequent concurrent Conditional Use/Site Development Review applications. Because the MUE zone does not share the same Comprehensive Plan Map designation as C-P, a Type Ill-PC Comprehensive Plan Map Amendment from General Commercial to Mixed-Use Employment also is required in addition to the Zoning Map Amendment from C-P to MUE. The request is "quasi-judicial"(Type Ill) in that it affects a single property. However, because it involves changes to both the city's Comprehensive and Zoning Maps, the request must be approved by the Tigard City Council based on a recommendation of the city's Planning Commission, per Section 18.380.030(A)(2), subject to the approval process contained in Section 18.390.060. Since the decision is made by means of a Type IV Legislative process, the state mandated 120-day timeframe does not apply. If the request in this application is approved, WCHS will proceed to the next level of land use entitlements including concurrent Type Ill Conditional Use and Type ll Site Development Review for approval of its proposed redevelopment plan. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Summary of Proposal 1-2 ll. PROPOSED DEVELOPMENT Summary of Proposed Project. WCHS has signed a letter of intent (LOI) to purchase a 7.44-acre site located at 8200 SW Pfaffle Street currently owned by City Bible Church (CBC). The building, formerly a General Motors'(GM) training center, faces SW Pacific Highway(SW Barbur Boulevard), but takes its access for SW Pfaffle Street. Currently located in Lake Oswego, WCHS has student body of 250 and faculty/staff of 38. The school hopes to relocate to the subject site to accommodate an eventual student body of 400, which will require the renovation and expansion of the existing building and site improvements for parking and athletic facilities to be described in further detail below. As a secondary use, WCHS intends to make the facility available for lease back to CBC to use on Sundays and Wednesday and Saturday evenings; the school will not schedule activities during these times to eliminate parking and space conflicts. Currently the site is zoned Professional/Administrative Commercial (C-P) in which a church, the current use, is permitted by right but educational facilities, including K-12 schools and colleges, are not. As a result, the use of the site for the proposed high school is not feasible without a change of zoning, which is discussed in further detail in Chapter III, Discussion and Analysis. Vicinity. As illustrated in Figure ll-11, the proposed site is located in the heart of Tigard, on the north side of SW Pacific Highway just east of its intersection with Highway 217. The site lies just east of downtown Tigard across the highway interchange and just northwest of the Tigard Triangle, a major employment area. This stretch of SW Pacific Highway features a wide array of general retail and office uses. Zoning. The site is located on the south side of SW Pfaffle Street. Immediately to the west is a large multi-family apartment complex zoned Medium High-Density Residential (R-25). To the east lie two office buildings both zoned C-P, the same designation as the WCHS site. All along the north side of SW Pfaffle Street is a well-established single-family neighborhood zoned Low-Density Residential(R-4.5). Beyond this to the east and west are other residential areas zoned Low-Density Residential(R-7) and Medium-Density Residential(R-12), respectively. Because of the topography to the south of SW Pfaffie Street, all of the buildings on sites described above sit upon the top of a knoll overlooking SW Pacific Highway. However, the proposed WCHS site's southern boundary extends all the way down to the highway's right-of-way. To the west beyond the apartment complex is the Highway 217/Pacific Highway interchange that separates the site from downtown Tigard further to the west. The downtown area is zoned Mixed Use-Central Business District (MU-CBD). The north-bound exit ramp from Highway 217 comes up to SW Pacific Highway to the east of the site, so that all of the intervening property across Pacific Highway from the site is part of the highway's right-of-way owned by the Oregon Department of Transportation (ODOT) and, therefore, undeveloped. Further to the east of the site are a series of commercial uses including a gasoline station and highway-oriented strip malls. Virtually all of the property to the east and south of the site is zoned General Commercial (C-G), in which schools are not permitted. A zoning map that illustrates this mix of zoning districts is contained in Figure 11-2. Site Characteristics Access. Currently, the site's only access is from SW Pfaffie Street. At one time, there was an entrance-only driveway on the center of the site's frontage from SW Pacific Highway but the driveway apron now is closed and the sidewalk extended over it. The two-pronged driveways still curve up to the site on the east and west sides providing access to pedestrians, transit riders and bicyclists but not to vehicles. Because there is viable access via SW Pfaffie Street, it is unlikely that ODOT will ever allow driveway rights to be re-established onto SW Pacific Highway. If it develops here, WCHS is likely to request the driveway's use for emergency fire access only, a request that is likely to be honored if such access is required by the City's fire code. The loss of direct access to SW Pacific Highway diminishes the site's value for office, commercial or light industrial use. All figures are placed at the end of this chapter. Request for WCHS Type IV Comprehensive Plan/Zoning Map Chang:Proposed Development II-1 Existing Development. Figure 11-3 illustrates the current development on the site. As noted above and illustrated in the figure, the site has significant topography, climbing from SW Pfaffle southward up the hill upon which the current facilities are perched and then sloping downward to SW Pacific Highway. Starting at the north end of the site, there is an existing grove of filbert trees, the remnant of an old orchard. The access road to the top of the knoll is located on the far eastern side of the site, lying between two streets, SW 81st Avenue and SW 83rd Avenues, on the north side of Pfaffle Street. The remainder of this northern portion is planted in grass. As illustrated in the photographs in Figure 11-4, The existing one-story brick-clad building lies in the center of the site between two paved parking areas. Containing 38,000 gross square feet (gsf), the building was for many years an automotive training center for General Motors so it once featured a series of engine bays on the east and west facades accessible from the parking areas by garage doors. These have been closed with plywood. The remainder of the facility, including a major entrance at the south end overlooking SW Pacific Highway, consists of a lobby, classrooms, offices and other related facilities. The facility was closed in 2002. In 2004 the site was acquired by CBC for its "Highway 217" location. The church has undertaken minimal internal renovations to convert the building into a church. CBC filed a Type 11 Site Development Review application in November 2005 to undertake a major renovation and expansion, but decided not to pursue the project. Instead, the church is now negotiating with WCHS to purchase the site to renovate and expand the existing facility for a 400- student private four-year high school. As part of the sale, the church would remain as a tenant for use of the facility on weekends when not needed for the school. Proposed Development. Figure 11-5 illustrates the preliminary redevelopment plan for WCHS at this location. This includes extensive renovation of the existing building; a 20,000-gsf addition containing a student commons, gymnasium and athletic support facilities on the southwest side; and a 2,700-gsf classroom addition on the north side of the existing building, bringing total Phase 1 development to about 61,000 gsf. In Phase 2, WCHS plans to add a 500-seat auditorium (13,600 gsf) on the southeast end of the existing building, for total development of about 74,000 gsf, nearly double the current building inventory of 38,000 gsf. Site improvements include reconfiguration and landscaping of the existing east and west parking lots and construction of athletic facilities on the northern portion of the site including a soccer field and tennis courts. The eastern-most driveway from SW Pacific Highway will be retained to provide continued access for pedestrians, transit riders and bicyclists from the sidewalk that now crosses the old driveway apron. As noted above, WCHS intends to discuss possible use of this driveway access for a secondary fire/emergency access with the City Traffic Engineering Department and ODOT. Also under discussion is the exact location of the reconfigured main driveway out onto SW Pfaffle Street, with regard to its location relative to the two streets, SW 81St and 82nd Avenues, respectively, on the north side of the street. Infrastructure Capacity. A preliminary assessment has been undertaken to determine the availability and location of in-street infrastructure as described below. However, detailed civil engineering for the site will not be undertaken until the development plan for the site is completed, which will not occur until the requested zone change is granted. This detailed infrastructure analysis will be included in the subsequent concurrent Type Ill Conditional Use/Type II Site Development Review application. Water. The existing building is served by an existing water meter of unknown size. This meter connects to an existing water main in the SW Pacific Highway right-of-way. The size and available pressure of this water main is unknown at this time. There is also a public water main in SW Pfaffle Street. These water mains are operated and maintained by the Tualatin Valley Water District. WCHS' civil engineer has had preliminary discussions with the water provider and been assured that there is adequate capacity for a proposed use of this type and size. Request for WCHS Type IV Comprehensive Plan/Zoning Map Chang:Proposed Development 11-2 Fire. Fire protection is provided by the Tualatin Valley Fire and Rescue Department(TVFR) There is an existing fire suppression service protecting the existing building. It is assumed that this service has the capacity to serve the renovation and expansion of the existing building to accommodate the proposed high school. If during the detailed design process it is determined that a new service and/or additional on-site fire hydrants for fire suppression are required, a new connection will be made to the water main in SW Pfaffle Street or SW Pacific Highway, at the direction of TVFR. A detailed analysis of the proposed fire suppression system will be included in the subsequent concurrent Type Ill Conditional Use/Site Development Review application. Sanitary Sewer. Sanitary sewer service is provided by the City of Tigard. The existing building is served by a 6" sewer lateral that is connected to an 8" sewer main in SW Pacific Highway. It assumed that this service has the capacity to serve this project but the lateral can be up-sized if required as part of the renovation. The exact configuration of sanitary service will be determined when detailed planning for the renovation is undertaken, following the approval of the requested zone change. Stormwater Disposal. The existing building and site drainage are served by two laterals of undetermined size that connect to a stormwater sewer main in SW Pacific Highway. At this time, it is not clear what water quality or detention components may exist as part of this system. Any redevelopment of the site will be addressed by the standards and requirements of the City of Tigard and Clean Water Services (CWS), which governs storm water disposal services to all of Washington County. Transportation Capacity. The applicant's transportation engineer, Lancaster Engineering, has prepared a letter identifying the relative traffic impacts for the worst-case redevelopment of the site under the current zoning designation, C-P, and proposed zoning designation, MUE, and in so doing, addresses State Transportation Planning Rule (TPR) requirements for zone changes (Appendix B). The worst-case use from a traffic-generating perspective is a medical/dental office, which is allowed by right in both zones. According to Lancaster's analysis, the "reasonable worst- case" development permitted on the site under the existing zoning would be a two-story medical/dental office building with 25% lot coverage for a total of 162,000 gsf. Under the proposed MUE zoning, the "reasonable worst-case" development would be the same, a two-story medical/dental office building; however, the MUE zone has a maximum floor area ratio of 0.40, whereas the C-P has no maximum FAR standard. Thus, in the MUE example, the worst-case development would have only 129,000 square feet. In the resulting analysis, the worst-case scenario in the existing zone would generate 76 more AM trips and 115 more PM trips than the worst-case scenario in the MUE zone. Thus, the proposed zone change will not have a "significant effect" on the transportation system as defined under the TPR. To ensure that future potential development with a conditionally-permitted private school also would not result in a significant affect as defined under the TPR, a trip cap is proposed for the subject property. The trip cap should limit any future use of the site to a maximum of 373 site trips during the morning peak hour and 561 site trips during the evening peak hour, that equal to the trip generation allowed by right under the existing zoning. The preliminary traffic analysis suggests that the proposed 400-student high school will generate less traffic that the proposed cap, especially in the PM peak since a bulk of school-related afternoon trips will be made between 3:00—4:00 PM before the general PM peak occurs, although its morning trips coincide with the morning peak. A detailed traffic study that documents this will be prepared for the subsequent Conditional Use/Site Development Review application to be filed after the after the zone change in this application is approved. Public Outreach. Representatives of WCHS held the mandatory neighborhood meeting on Monday, 2/7/11, from 7:00 — 8:00 PM. Fourteen neighbors representing 11 households attended. Many neighbors wanted information about the school, including number of students, faculty and staff; hours of operations; likely parking demand; and planned building expansion and site improvements. The biggest concern appears to be related to traffic on SW Pfaffle Street. WCHS Request for WCHS Type IV Comprehensive Plan/Zoning Map Chang:Proposed Development 11-3 representatives noted that a preliminary analysis of the potential traffic impacts related to the school's operation were likely to be lower than other uses allowed on the site by right under the existing zoning. They further explained that assuming the zone change is approved, the school will have to prepare a conditional use application for which a full traffic study will be required. Since the city requires the applicant to have a second neighborhood meeting before the submission of the conditional use application, interested neighbors will have a chance to review the school's detailed development plans including a discussion of the findings of the traffic study. One set of the required meeting materials is being submitted as part of this application. 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North side of the existing building looking sourth from the driveway at SW Looking north from SW Pacific Highway to the south side/entrance of the Pfaffle Street. existing building complex. - ir Z 1 7 1. it *,. IC F - iIt t , __ -_ r, 1 ,_ .•_-_ ii 1 . Ai ATI ( 4.jrf Psi Looking east from west driveway at west facade of the existing building. FIGURE 11-4 PHOTOGRAPHS OF SITE 4,.-•.fid•. .M :. • • • • 44. • 221 Cheuron 312' +n, I gal Looking west on SW Pacific Highway. Subject site is just beyond the Chevron station. sf ii 9 a PPGFcN\0g9\ � Z ovv�� M _________--\ \—\—�� Cn ti _ I � m -� m▪m \\\ \ n \ ��A ------------ ops \ \ 4 ▪cnm \ �Ig z � ) �� iri Hili \\\\\\\\\ \ \ Cli 0 ri: 63 40 s4FrA x oiJ \ \ NLE \ G 'Pig i T \\\\\\\\\\\\\\\\\\\\\\\ — ' 1 ?r ; 0' i Ia g 1 i ' ) i ( # `x i 6 i7 zg 0 i X13 - :,,t /‘ i r m M � _ Z , om sw FAFF,_ --__ N \a I 1 _ m Ali 03o I 4Z m ti z Ill. DISCUSSION AND ANALYSIS Introduction. The purpose of this chapter is to provide the documentation that the proposed Comprehensive Plan/Zoning Map Amendment is justified for this site. Detailed legal findings for the request are contained in Chapter IV. Background. Westside Christian High School (WCHS) currently is negotiating the purchase of a 7.44-acre site at 8200 SW Pfaffie Street just east of downtown Tigard. Formerly a General Motors automotive training center, the site currently is owned by City Bible Church (CBC). WCHS proposes to renovate and expand the existing facilities to accommodate a student body of up to 400. CBC would remain as a tenant using the facility on Sundays and Wednesday and Saturday evenings; the school will not schedule activities during these times to eliminate parking and space conflicts. However, schools are not allowed in the underlying C-P zone, although churches are permitted by right. Thus, WCHS cannot locate at the site without a zone change. WCHS has sought guidance from the City of Tigard Current Planning Department as to the most appropriate zoning designation. As noted in the PAC notes, the city has indicated that it "would support" the application of the Mixed-Use Employment (MUE) zone, currently applied only in the nearby Tigard Triangle, for reasons discussed in greater detail below. Because the existing C-P and proposed MUE zones have different Comprehensive Plan designations, the request also requires a Comprehensive Plan map change. As part of the request, the applicant is asking that a condition of approval be the imposition of a trip cap on site trips no greater than the most intense allowed use, medical/dental office, in the C-P zone, in recognition that any up-zoning of the site could lead to overtaxing existing or future roadway capacity in the vicinity. A high school is a perfect use at this location because its afternoon peak occurs before the general PM peak. The implementation of a trip cap is a way to demonstrate compliance with the State Transportation Planning Rule (TPR), although the applicant will have to undertake a detailed transportation analysis for the proposed school as part of its subsequent concurrent Conditional Use/Site Development Review applications. This also is discussed in greater detail later in this chapter. Planning Context Metro Designation of SW Pacific Highway. The segment of SW Pacific Highway from 1-5 to the east to the City of Sherwood to the west was designated as a "corridor" on Metro's 2040 Growth Management Concept Plan Map in the early 1990's. According to the Summary of the 2040 Growth Concept in the Regional Framework Plan, a "corridor"is one of several "design types"to be applied to existing lands within the Regional Urban Growth Boundary(UGB): Corridors. Corridors are not as dense as centers[another design type], but are located along good quality transit lines. They provide a place for increased densities and feature a high-quality pedestrian environment and convenient access to transit. Typical developments along corridors include rowhouses, duplexes and one- to three-story office and retail buildings While some corridors may be continuous, narrow bands of higher intensity development along arterial roads, others may be more nodal, that is, a series of smaller centers at major intersections or other locations along the arterial that have high quality pedestrian environments, good connections to adjacent neighborhoods and good transit service. As long as increased densities and a range of uses are allowed and encouraged along the corridor, many different development patterns-nodal or linear-may meet the corridor objective. (Regional Framework Plan, Summary) Metro/City of Tigard High-Capacity Transit Planning. In addition to its designation as a "corridor", SW Pacific Highway is designated as a `high-capacity transit"corridor in Metro's Regional Transportation Plan (RTP), making it suitable for the eventual construction of light rail transit (LRT). In fact, the corridor now has been designated as the next priority for extension of the region's LRT system. Although detailed transportation and land use planning for LRT within the corridor is just getting underway, Metro and Tigard commissioned the development of a vision document by the University of Oregon's School of Architecture, `Pacific Highway to a Sustainable Future: Tigard 99 Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-1 Corridor Urban Design Vision Executive Summary" (May 2010). As noted in the summary of the project: The state Hwy OR 99W corridor connects Portland, Tigard, and Sherwood. It is designated a High Capacity Transit corridor in Metro's Regional Transportation Plan (RTP)........The portion of the Hwy 99W corridor considered for this project includes 4.5 miles running southwest from the Highway's intersection with Interstate 5, crossing over Hwy 217, to its intersection with Durham Road. This portion of the corridor is called Pacific Highway. Pacific Hwy, Interstate 5, and Hwy 217 are designated by Metro, in the RTP as Regional Mobility Corridors. All three of these road facilities are designated by the Oregon Department of Transportation (ODOT) as Freight Routes in the Oregon Highway Plan (OHP). Pacific Highway is significant to ODOT and has been designated a "mobility corridor"connecting communities from Portland to Eugene, Oregon. Any future land use and transportation planning for Pacific Highway must recognize and be consistent with statewide interests. Herein lies a basic paradox that must be resolved by future policy decisions and infrastructure investment. The statewide interest is to maintain traffic flow(capacity) within the Interstate 5/Pacific Hwy Corridor necessary for efficient intrastate travel. The local and regional interest is for the corridor and adjacent lands to redevelop and infill as a denser, livable, urban form. If future redevelopment had to rely only on the automobile for access, it would be counter to the interests of the state in maintaining the capacity of the highway. The boundary of the study area includes the highway, adjacent commercially zoned land, and the Tigard Triangle The following findings of the vision document pertain to the area around the subject site: 2. LAND USE a. A positive future for the Corridor depends on providing the opportunity for a much wider range of land uses than currently allowed. Therefore, Tigard should amend its Tigard Comprehensive Plan and Zoning Maps to allow a variety of land uses including medium and high density housing, employment, commercial,professional services, institutional and civic uses. c. Future transportation and land use planning should be focused on creating a unique sense of place, or identity, for the Pacific Highway Corridor. This would include distinct entry points, neighborhood and employment districts, activity nodes at key locations, defined station community districts, interconnected green networks, etc. Also, even though there are a few churches, private child care and a school along the corridor, there are no civic buildings or larger institutions. Future land use plans and redevelopment efforts should ensure that a wide range of civic and institutional uses can locate in the corridor (Emphasis added) Tigard Downtown Center Planning. In addition to the designation of SW Pacific Highway as a "corridor", downtown Tigard, which lies immediately to the west of the subject site across Highway 217, is designed as a "town center"on the 2040 Growth Management Concept Plan Map and 2040 Functional Plan. Although the site itself lies immediately outside of the boundaries of the town center, the vision for development/redevelopment in downtown Tigard does affect nearby properties. According to the "Downtown Tigard—Heart of Our Community: Downtown Tigard Improvement Plan"(2005): The primary objectives of the Tigard Downtown Improvement Plan (TDIP) are fourfold. First and foremost, the TDIP is a downtown "improvement"plan, one that builds upon the good "bones" of the current Downtown area, and that builds upon the sound foundation of community-based planning for the area. Second, the TDIP is intended to serve as the "master conceptual plan" for the Downtown neighborhood, as envisioned by the Tigard Comprehensive Plan. Third, the TDIP is intended to meet the objectives of the Metro Functional Plan, as that plan designates Tigard's downtown area as a Town Center. Finally, the overarching objective of the Plan is to ensure that Downtown Tigard will serve the community's stated future needs for an active, mixed use "urban village". Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-2 The TDIP aims to provide the blueprint for the evolution of Downtown Tigard into a vital, vibrant, mixed- use and pedestrian-friendly environment over the next 20-30 years. The TDIP summarizes the rationale for, and the evolution of, the conceptual design plan. It identifies development types and "catalyst projects", projects that are needed to jumpstart other development in the area and create a climate for investment. It promotes a multi-modal transportation system and concurrent development that is conducive to the planned evolution into a Town Center. (Preface) Site Suitability Site. The 7.4-acre subject site lies on the north side of SW Pacific Highway just east of its intersection with Highway 217. Because of its depth, the site extends to the south side of SW Pfaffle Street. Initially, the site took its major access from SW Pacific Highway and secondary access from SW Pfaffle Street, although the Oregon Department of Transportation (ODOT) required the closure of the driveway onto SW Pacific Highway several years ago, the rights to which are now lost. As a result, SW Pfaffle Street is the only point of access. The curb-cut onto SW Pacific Highway has been removed and replaced with a sidewalk although two driveways up to the west and east parking lots at the top of the knoll remain intact. As a result, access to the site for pedestrians, transit riders and cyclists from the highway has been retained even as vehicle access has been eliminated. Existing Development. The existing 38,000 single-story building was designed as a General Motors automotive training center that operated at the site until 2002. The building was designed for a specific purpose, training automobile mechanics, including provision of a number of automotive bays on the east and west sides of the building accessible by large garage doors. Because of its unique use, its redevelopment for other purposes including office, commercial, industrial and institutional uses, is significantly constrained. Moreover, the loss of the primary access onto SW Pacific Highway significantly reduces the site's attractiveness for redevelopment, particularly for retail uses for which access to a major arterial is a prerequisite. Moreover, as noted in Chapter II, there are significant transportation limitations on SW Pacific Highway especially in the PM peak period, creating an added complication for re-use/redevelopment of the site. After being vacant for a number of years, the property was purchased by CBC for its "217 Campus" satellite; churches are outright used in the underlying C-P zone. The church planned a major renovation and expansion of the site in 2005, reaching the point of submitting a Site Development Review applications. The church reconsidered this major renovation and has used the facility "as is" with only minor internal improvements since then. Except for a small pre-school program' that operates weekday mornings, the church's activities are primarily Sunday-based, and as a result, the site is significantly under-utilized. The proposed high school at this location is a feasible alternative to the dilemma posed for the appropriate reuse of the site given its combination of an archaic building and limited site access. If a zone change is obtained for the site that permits the high school as a conditional use, Westside Christian High School (WCHS) proposes a major renovation of the existing building with two expansions: on the north side for additional classrooms (2,700 gsf) and in the southwest corner to provide a gymnasium, student commons and related facilities (20,000 gsf) (Phase 1). At a later date, WCHS hopes to add an auditorium in the southeast corner(13,600 gsf) (Phase 2). Positive features of the plan include: • Reusing existing building stock for which there are limited options. From an energy conservation perspective, it is preferable to reuse existing buildings rather than demolish them and re-build, both in terms of the energy consequences of moving a significant amount of building debris to a land fill and the energy costs surrounding the manufacture and transportation of new building materials to the site. If WCHS develops the site for a high school, the CBC pre-school program will be discontinued. Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-3 • Reuse of the site for a high school as the primary use and church as secondary use is consistent with surrounding residential uses to the west and north of SW Pfaffle Street, as institutions are frequently approved as conditional uses in residential neighborhoods. Moreover, the school plans to use the northern portion of the site for an outdoor soccer field and tennis courts, buffering the school's development further to the south from nearby residences and providing additional green/open space. • At the end of full build-out, the proposal will increase the intensity of development from the existing 38,000 gsf to 74,300 gsf, a 96% increase. This will nearly double the site's FAR from 0.12 to 0.23. • The proposed design brings the facility down from the top of the knoll to the street level on the south (SW Pacific Highway) side, significantly improving urban design and pedestrian character at the property line, as envisioned in the redevelopment of the highway corridor consistent with high-capacity transit. • The proposed high school is one use for the site where direct access from SW Pacific Highway is not a requirement for economic/access reasons. The proposed access from SW Pfaffle Street is appropriate for a school where it is less attractive for retail or office use. • Although the existing western driveway lies in the path of the gymnasium/commons expansion, the eastern driveway will be preserved even at full build-out to provide pedestrian, transit and bicycle access to and from SW Pacific Highway. Because about half of the high school students are too young to drive, access to transit is an important alternative transportation mode. This will be even more the case when and if there is an extension of LRT in this corridor. As the school's student population is dispersed throughout the southwest portion of the region, most students will not live close enough to the school to bike or walk. However, there are substantial opportunities for carpooling with parent and/or student drivers, which will reduce total vehicle trips. • Because school is out at 3:00 PM, the afternoon peak traffic for the school occurs substantially before the general PM peak from 5:00— 6:00 PM. As a result, the proposed use most likely will not contribute to the serious evening peak traffic congestion now experienced on SW Pacific Highway and its environs, which only is expected to get worse in coming decades2. Burden of Proof. A Comprehensive Plan/Zoning Map Amendment has two major implications, for the proposed use itself, which is not permitted in the underlying zone, and globally, as once the site is re-zoned, it can be used for any outright use permitted in the zone should the proposed use close or relocate. This exact nature of this burden is first articulated in the approval criteria for a quasi- judicial (property-owner-initiated) Comprehensive Plan/Zoning Map Amendment contained in Section 18.380.030 (A): 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. 2 WCHS will do a full traffic study as part of its concurrent Conditional Use/Site Development Review applications, assuming that this request for Comprehensive Plan/Zoning Map Amendment is approved. Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-4 With regard to these criteria: ■ A demonstration of full compliance with all applicable Comprehensive Plan goals, policies and recommended action items [Section 18.380.030 (A)(1)] is contained in Chapter IV, Legal Justification. However, there is specific guidance on the applicant's burden of proof in Goal 2.1, Policy 15 of Chapter 2, Land Use Planning, which require both an "alternatives analysis" and "impact analysis"as follows: 15. In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zoning Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing,public and community services, etc. in the particular location, versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation; E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible, with environmental conditions and surrounding land uses;and G. Demonstration that the amendment does not detract from the viability of the city's natural systems. Discussion of these in greater detail is presented below. ■ With regard to 18.380.030(A)(2), there also will be analysis of other governing regional policies and ordinances and the Statewide Planning Goals in Chapter IV. The proposed high school's compliance with the specific design and development standards in the Tigard's Development Code (Title 18) will be demonstrated in the subsequent concurrent Conditional Use/Site Development Review application following the approval of this application. ■ With regard to 18.380.030(A)(3), the proposed Comprehensive Plan/Zoning Map Amendment must be justified by demonstrating that either a change in circumstances or a mistake in the initial zoning designation has occurred. In this case, the proposed change from C-P to MUE is justified by the evolving vision for the SW Pacific Highway Corridor and nearby downtown Tigard as described in the Planning Context above. To ensure that all of the requirements for a Comprehensive Plan/Zoning Map Amendment are met properly, the following analysis is presented: ■ Alternatives Analysis: What are the benefits to the community of new high school? (Policy 15C) Why a high school at this site, which requires a Comprehensive Plan/Zoning Map Amendment?Are there other sites within the city's boundaries of sufficient size and appropriate zoning that could provide alternative locations? (Policy 15D) ■ Zoning District Alternatives. What changes have occurred in the city's vision and land use planning that justifies a change in zoning designation for the site? Why has the MUE zone been selected over other options?[Approval Criterion 18.380.030 (A)(3)] Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-5 • Consistency to Other Code Provisions. Is the proposed use compatible in its design/ development standards and operational characteristics, and in compliance to all other applicable city regulations? (Policy 15E)Are the proposed use and other outright uses in the proposed zone compatible with existing surrounding development in terms of development characteristics, operational characteristics and environmental impacts? (Policy 15F-G) • Impact Analysis: Is there adequate infrastructure capacity — transportation, water, sanitary sewer, storm water disposal, parks— to accommodate the specifically-proposed use and all other outright uses in the new zoning district? (Policy 15A-B). Each of these is discussed below. Alternative Analysis. As noted above, there are two policy statements in the Tigard Comprehensive Plan, Goal 2.1, Goal 15C and 15D, that must be addressed to justify a change of zoning districts: Policy 15C: The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing, public and community services, etc. in the particular location, versus other appropriately designated and developable properties. Policy 15D: Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation. With regard to Policy 15C, K— 12 schools are part of the community's institutional fabric along with parks, community centers, churches, medical centers, universities and day care centers. Institutions are considered an important category both as conditional uses in residential zones and within mixed-use districts where they are often coupled with "civic" uses. This is in recognition that institutions such as schools are important to the health, safety, economic prosperity and livability of the community's residents. In the United States, education is highly localized in which deference is given to families' decisions of which schools best meet the needs of their children, which has resulted in a healthy balance of public and privates schools, the latter designed to serve specific constituencies. WCHS is a private high school for grades 9— 12. That the school has 300 students and a waiting list of potential students and has outgrown its current facility is a de facto indication of public need. The request complies with Policy 15C. In Tigard, the status of K— 12 schools, as defined in Chapter 18.130, is as follows in various zones: • Allowed as a conditional use in all residential zones, R-1 —R-40. However, Footnote 13 to Table 33.510.1 limits schools to those "on public school sites", i.e., public schools. This raises the question whether such a distinction is legal3, but on the face of it, this suggests that a private high school may not allowed even as a conditional use in any of Tigard's residential zones. • Prohibited in all four exclusively commercial zones, Neighborhood Commercial (C-N), Community Commercial (C-C), Professional/Administrative Commercial (C-P), and General Commercial (C-G), as well as in all exclusively industrial zones, Industrial Park (1-P), Light Industrial(I-L) and Heavy Industrial(I-H). • Allowed as a conditional use in all mixed use (MU) zones including Mixed-Use Residential (MUR-1 and MUE-2), Mixed-Use Commercial (MUC and MUC 1), and Mixed-Use Employment (MUE, MUE-1 and MUE-2). • Allowed by right in Mixed Use— Central Business District(MU-CBD). 3Typically, a school's tenure, whether public or private, is not an issue in the land use system because ownership does affect a school's external impacts, that is, schools of the same size have the same impacts. Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-6 In summary then, a new site for WCHS within the Tigard city limits is feasible only in a residential zones, but only if the city waives the restriction on public schools per Footnote 13; and in mixed-use zones as conditional uses in all but MU-CBD, where schools are permitted by right. Figure Ill-1 features the city' Buildable Land Inventory Map, which identifies all vacant parcels throughout the city, by underlying zoning. Seven of these have been selected for study because: 1) they appear to be similar in size to the subject 7.4-acre site, the minimum required for a high school with on-site playing fields and surface parking; and 2) have either residential or mixed-use zoning designations. To ensure that this alternatives analysis is on the conservative side, it is assumed that potential residential sites are in play because the city is willing to waive Footnote 13. As noted on Figure 1I1-1, seven sites have been identified as "vacant" and appropriately zoned in the city's buildable land inventory for further study, the results of which are summarized in Table Ill-1. Tax lot maps of these sites are provided in Appendix B. TABLE Ill-1 ALTERNATIVES ANALYSIS FOR WCHS IN CITY OF TIGARD # LOCATION ZONE LEGAL SIZE REASON(S)NOT AVAILABLE (ACS) SW Scholls TL 14500, Tax Map 1S 1 33AC notes that the site is dedicated to the "Hawks Beard 1 FerryRoad/SW R-7 10.5 135` Avenue ISI 33AC Townhomes",likely a PUD. Thus, the site is not available for alternative use. The applicant's real estate agent spoke with Terry Hauck who is trustee for this property,indicated that the property is definitely not for sale. It also is SW Gaarde mapped on the City of Tigard's Significant Habitat map as well as CWS 2 Street/SW R-4.5 TL 1300' 12.5 Vegetated Corridors map. Even if for sale,if the buffer/set backs are applied Bigleaf Court 2S1 04DA to such areas, the site's useable/buildable areas could be significantly impacted, as well as the costs to mitigate would need to be added to the development costs which would impact the feasibility for development. SW Beef Bend A bulk of site platted for single-family residential development;only TL 9100, 3 Road/SW R 7 Various/ NA Tract A and TL 19700(2S1 09DA),remain vacant.At 1.2 and 2.6 acres, Summit Ridge 2S1 1008 respectively, these two TLs too small for high school. St SW 103'd TL 2700, Appears to be planned for single-family residential although not yet platted; 4 Avenue/SW R-3.5 2S1 11CB 3'7 see proposed cul-de-sac access.At 3.7 acres,too small for high school. 103` Street SW Hall WCHS considered site;CWS designates 8.0 acres as low-grade wetland; 5 Boulevard/SW R-12 TL 400, 9.1 after six months of negotiations with owner,no feasible mitigation plan for Ashford Street 2S1 11DA replacing wetland elsewhere. Sale not finalized.* This site is next door to Costco,PetSmart, Winco and other major retailers and is owned/controlled by PacTrust which is currently under negotiations SW 72'd with an"undisclosed buyer",likely to be Wal-Mart for a super center. The 6 Avenue/SW MUE TL 902, 8.1 applicant's real estate agent has inquired at PacTrust on whether it would Pacific Highway 1S1 36DA sell the property and it indicated that the site is worth$18/sf and at that price, the total costs would be prohibitive once the traffic improvements, wetlands mitigations and other costs are added. This site is owned by Dr. Gene Davis and is bound by wetlands/CWS vegetated corridor,as well as designated as"Highest Value Habitat"areas SW 89thon the City of Tigard's"Significant Habitat Areas"map. Additionally, the bulk TL 2800, of the actual site in question is mapped as either"Moderate"or"Lower" 7 Avenue/Highwa MUR-1 4 ISI 35AC 8" "Value Habitat". With CWS vegetated corridors, wetlands, coupled with y 217 significant Habitat areas as mapped by the City of Tigard,the cost would be prohibitive to develop as well as the site would be too small once all appropriate buffer/setbacks area applied to such areas. Source: City of Tigard Buildable Lands Inventory, January 2009. *The city Current Planning Department did not raise the restriction in Footnote 13 at the two Pre-Application Conferences for the development of this site for WCHS. Based on this analysis, there is not an existing vacant parcel with appropriate zoning within the Tigard city limits that is suitable for development of a high school with a student body of 400. For the purposes of this analysis, "suitable"is defined as: 1) a site of at least 7.4 acres; 2) available for sale or lease;and/or 3) without major development constraints. Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III- 7 In addition, WCHS' real estate agent has not identified an already-developed site within the city limits suitable for conversion to or redevelopment as a high school of this size, with the exception of the subject parcel. As noted above, the latter is owned and occupied by CBC that only uses the facility for Wednesday and Saturday evening and Sunday events and is willing to permit WCHS the use of the facility during all other times. There are two available developed sites with sufficient acreage for the a high school, the vacated Coe Manufacturing Plant (SW Hunziker/Wall Street) and combined vacant Gerber Knife/Williams Controls sites (SW 72"d Avenue/Bonita), but these are zoned industrial where schools are prohibited. Metro establishes a very high bar for converting existing industrial sites within the UGB to non-industrial uses. Given that there is no existing site with appropriate zoning that is of sufficient size, available for sale/lease, and/or without serious development constraints, the re-zoning of the subject 7.4-acre parcel at 8200 SW Pfaffle Street is justified under Policy 15C and D. Zoning District Alternatives. Given that a re-designation of the subject parcel is justified, what is the appropriate zoning designation? Low-Density Residential District (R-4.5). This designation for the site is the same as the large established single-family neighborhood north of the site across SW Pfaffle Street. However, according to "Pacific Highway to a Sustainable Future: Tigard 99 Corridor Urban Design Vision Executive Summary" (May 2010), it is the city's intent to "up-zone" properties along SW Pacific Highway to be more transit-supportive and feature a mix of residential, retail, office, light industrial, institutional and civic uses. A single-family zone such as R-4.5, which only allows a small list of non- residential uses conditionally, does not comply with this vision. Moreover, if strictly enforced, Footnote 13 prohibits a private high school, requiring a text amendment to remove or modify the footnote to permit private schools. Medium High-Density Residential District (R-25). The application of R-25 to the site has some merit as this is what the large apartment complex to the west is zoned. Although R-25 has the medium high-density feature appropriate for a high-capacity transit corridor, non-residential uses are limited, so that the zone is not truly a mixed-use zone as envisioned by the city for the SW Pacific Highway Corridor. Moreover, if strictly enforced, Footnote 13 prohibits a private high school, requiring a text amendment to remove or modify the footnote. Mixed-Use Residential 1 and 2(MUR-1/MUR-2). According to the definitions in Chapter 18.520, the characteristics of the MUR-1/MUR-2 zones are as follows: Mixed-Use Residential Zones. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. [Section 18.520.020(J)] Technically, the mixed-use zones in which schools are allowed conditionally, the two MUR zones are to be applied to `predominantly residential areas". Although it is true that the subject site has exclusively residential development to the west(R-25) and north (R-4.5), it is located prominently on the north side of SW Pacific Highway, even if there is no longer direct access to this right-of-way. When viewed in the context of this street frontage, the surrounding zoning pattern is primarily non- residential and of moderate intensity, including MU-CBD in downtown Tigard immediately to the west, C-G to the east and south, and MUE to the southeast in the Tigard Triangle. As a result, a mixed-use zone in which residential uses are allowed but do not predominate is more compatible given both the existing zoning pattern and proposed vision for the SW Pacific Highway Corridor. Mixed-Use Employment 1 and 2 (MUE-1/MUE-2). According to the definitions in Chapter 18.520, the characteristics of the MUR-1/MUR-2 zones are as follows: Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-8 MUE-1 and MUE-2:Mixed Use Employment Districts. The MUE-1 and 2 zoning district is designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with employment character of the area. Lincoln Center is an example of an area designated MUE-1, the high density mixed use employment district. The Nimbus area is an example of an area designated MUE-2 requiring more moderate densities. [Section 18.520.020(G)]. Either of these zones could work because they include the mix of uses envisioned for the SW Pacific Highway Corridor, including schools as conditional uses. However, the city Current Planning Department prefers the Mixed-Use Employment (MUE) for reasons articulated below. Three other zones were analyzed and rejected: Mixed-Use — Central Business District (MU-CBD). This is the only zone in which schools are allowed by right. However, as it lies to the east across Highway 217, the site is not within the official boundaries of downtown Tigard as identified in its urban renewal district. The city Current Planning Department has indicated that extension of the MU-CBD zone beyond these boundaries is not acceptable. Mixed-Use Commercial(MUC)/Mixed-Use Commercial 1 (MUC-1) both allow schools as conditional uses but the Development Code indicates that MUC applies only to the Washington Square Regional Plan Area and MUC-1 to the Durham Quarry site. The subject site is not located in either of these areas. As a result, the MUE zone is the "best fit"in this case. Mixed-Use Employment (MUE). According to the definitions in Chapter 18.520, the characteristics of the MUE zone is as follows: MUE:Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district.A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intra-district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the city through the legislative process. [Section 33.520.020(F)]. Although it is nearby, the subject site is not located within the Tigard Triangle, which is why superficially the MUE-1 or MUE-2 zoning designation appears to be the more appropriate choice. However, note that the city reserves the right to apply the zoning designation elsewhere in the city "through the legislative process". Although, the request for the re-zoning of the subject site is a quasi-judicial action, that is, initiated by the applicant, the city Current Planning Department has indicated in the Pre-Application Conference notes that it "would support" the application of the Mixed-Use Employment(MUE) zone for the following reasons: .....1) the zone allows schools as a conditional use; 2) the zone continues to allow religious institutions outright; 3) the zone allows residential use with a maximum density of 25 units/acre, consistent with the adjacent R-25 zone; 4) the zone allows a greater mix of uses than C-P, consistent with Pacific Hwy High Capacity Corridor Planning; and 5) the code anticipates the application elsewhere in the city through the legislative process. For all of these reasons, MUE appears to be the best alternative and one acceptable to the city. More important, the proposed MUE zone reflects the significant change in thinking about the development/redevelopment of this segment of SW Pacific Highway to: Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-9 ■ Reflect its designation as a High-Capacity Transit Corridor, especially now that this corridor has been chosen as the next priority for extension of the region's LRT system. ■ Implement the vision for downtown Tigard as a Town Center, including the creation of an urban renewal district to encourage redevelopment of downtown with a greater mix of uses and higher densities to support mass transit; ■ Reinforce on-going hopes for the development/redevelopment of the Tigard Triangle as one of the city's major employment areas. Thus, the proposed zone change can meet 18.380.030(A)(3) for a Comprehensive Plan/Zoning Map, i.e., "Evidence of change in the neighborhood or community as it relates to the property which is the subject of the development application". Because the MUE zone does not share the same Comprehensive Plan Map designation as C-P, a Type III-PC Comprehensive Plan Map Amendment from General Commercial to Mixed-Use Employment also is required in addition to the Zoning Map Amendment from C-P to MUE. The request is "quasi-judicial"(Type Ill) in that it affects a single property. However, because it involves changes to both the city's Comprehensive and Zoning Maps, the request must be approved by the Tigard City Council based on a recommendation of the city's Planning Commission, per Section 18.380.030(A), subject to the approval process contained in Section 18.390.060. Since the decision is made by means of a Type IV Legislative process, the state mandated 120-day timeframe does not apply. Consistency to Other Development Regulations. There are three policies, 15E-G that deal with a proposed project's consistency with all applicable development regulations. These include: E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible, with environmental conditions and surrounding land uses;and G. Demonstration that the amendment does not detract from the viability of the city's natural systems. If the Comprehensive Plan/Zoning Map Amendment is granted, WCHS will be a conditional use in the MUE zone and its redevelopment of the site will trigger a Type Ill Conditional Use and concurrent Type II Site Development Review. It is then that the applicant will provide a detailed description of the proposed development that addresses both compliance with all applicable development regulations, except where Variances or Adjustments are sought, and demonstration that the facility both in its design and operation will have no undue negative impacts on surrounding land uses. The applicant also will demonstrate in greater detail that the existing infrastructure including water, sanitary sewer, storm water disposal and transportation, has sufficient capacity to accommodate the project as proposed. Impact Analysis. A `first-level"impact analysis is required for a Comprehensive Plan/Zoning Map Amendment to ensure that there is sufficient capacity within public infrastructure facilities to support the most intense of the uses permitted by right in the new zone, per Policies 15A-B as follows. A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-10 Transportation. As noted in the letter from Lancaster Engineering, WCHS'traffic engineer(Appendix C), the proposed zone change from C-P to MUE could result in the degradation of the transportation system per the requirements of the State Transportation Planning Rule (TPR), which requires analysis of both existing and future impacts; the latter is defined as within a 20-year planning horizon. To prevent creating a "significant impact"as defined by the TPR, the applicant is proposing a trip cap that limits maximum traffic impact in all site trips equal to that permitted in the existing C-P zone for the most intense outright use, medical/dental office. As governed by Goal 2.1, Policy 16 of the Tigard Comprehensive Plan: 16. The city may condition the approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design/development requirements. Preliminary analysis suggests that the operation of the proposed WCHS at this site will fall beneath the trip cap both in the AM and PM peak, the latter especially so because its afternoon peak (3-4 PM) occurs before the general PM peak. Assuming that the Comprehensive Plan/Zoning Map Amendment is approved, the applicant then will have to undertake a detailed transportation analysis for its subsequent concurrent Conditional Use/Site Development Review applications. Application for WCHS'Type IV Comprehensive Plan/Zoning Map Change:Discussion/Analysis III-11 Water. WCHS has developed only a preliminary concept plan for the renovation/redevelopment of this site because it does want to invest the funds for a fully-developed plan until the proposed Comprehensive Plan/Zoning Map Amendment is granted. However, WCHS' consulting engineer, KPFF, has undertaken a preliminary analysis of the water demand associated with a 400-student high school at this location and has concluded that there is sufficient capacity in the existing in- street water system to accommodate any increase in demand for water. A detailed analysis of the demand for potable and non-potable water and adequate fire suppression capacity will be provided in the subsequent concurrent Conditional Use/Site Development Review applications. Sewer. As noted above, WCHS has developed only a preliminary concept plan for the renovation/redevelopment of this site because it does want to invest the funds for a fully-developed plan until the proposed Comprehensive Plan/Zoning Map Amendment is granted. However, WCHS' consulting engineer, KPFF, has undertaken a preliminary analysis of the sanitary sewer demand associated with a 400-student high school at this location and has concluded that there is sufficient capacity in the existing in-street sanitary sewer system to accommodate any increase in demand for disposal of sewage. A detailed analysis of the demand for sanitary sewer will be provided in the subsequent concurrent Conditional Use/Site Development Review applications. Stormwater Disposal. Because WCHS has developed only a preliminary concept plan for the renovation/redevelopment of this site, development of a detailed stormwater collection, retention and treatment system is premature. However, WCHS'consulting engineer, KPFF, has undertaken a preliminary analysis of the demand for stormwater disposal, per the requirements of Clean Water Services (CWS), and has concluded that adequate on-site stormwater collection, retention and treatment facilities can be provided. A detailed analysis of the applicant's approach to stormwater management, as governed by CWS, will be provided in the subsequent concurrent Conditional Use/Site Development Review applications. Parks. The renovation/redevelopment of the site for a 400-student high school will not trigger the need to provide additional park land. Thus, there will be no impact on the city's park system. Noise. Because the northern end of the site is adjacent to the apartment complex to the west and across SW Pfaffle Street from an established single-family residential neighborhood to the north, noise levels are of concern. Activities associated with the operation of a 400-student high school primarily will be undertaken within the facility, including the proposed indoor gymnasium, and, as a result, there will be no significant noise impacts. However, it is anticipated that students will use the proposed soccer field and tennis courts on the north end of the site both for physical education during the day and inter-mural sports in the late afternoon and possibly on weekends, primarily in the fall and spring. There is some noise associated with outdoor sports activities but these are a normal part of neighborhoods where schools are often located. As these facilities will not be lighted, they only will be used during daylight hours when most residents are either not home or more tolerant of noise. There will be few if any such outdoor activities in the winter because of inclement weather and shorter days. The proposed gymnasium will provide indoor space for sports that do not need to be played outdoors, e.g., volleyball and basketball, and for physical education when outdoor play is not suitable. Thus, it is not anticipated that the occupation of the site by a high school will engender any significant noise impacts. This issue will be discussed again in the concurrent Conditional Use/Site Development Review applications. 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NooJoox�a3RRR�Z � ��I IV. LEGAL JUSTIFICATION Introduction. Westside Christian High School (WCHS) currently is negotiating the purchase of a 7.4-acre site at 8200 SW Pfaffle Street just east of downtown Tigard. Formerly a General Motors automotive training center, the site currently is owned by City Bible Church (CBC). WCHS proposes to renovate and expand the existing facilities to accommodate a student body of up to 400. CBC plans to remain as a tenant using the facility on Sunday and Wednesday and Saturdays evenings, which are times not scheduled for school activities. However, schools are not allowed in the underlying C-P zone, although churches are permitted by right. Thus, WCHS cannot locate at the site without a zone change. WCHS has sought guidance of the City of Tigard Planning Department about the most appropriate zoning designation. As noted in the PAC notes, the city has indicated that it "would support" the application of the Mixed-Use Employment(MUE) zone, currently applied only in the nearby Tigard Triangle. As part of the request, the applicant is asking that a condition of approval be the imposition of a trip cap on site trips no greater than the most intense allowed use, medical/dental office, in the C-P zone, in recognition that any up-zoning of the site could lead to overtaxing existing or future roadway capacity in the vicinity. A high school is a perfect use at this location because its afternoon peak occurs before the general PM peak. The implementation of a trip cap is a way to demonstrate compliance with the State Transportation Planning Rule (TPR), although the applicant will have to undertake a detailed transportation analysis for the proposed school as part of its subsequent concurrent Conditional Use/Site Development Review applications. As noted below, the Comprehensive Plan allows the city to impose such conditions: "The city may condition the approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design/development requirements". (Chapter 2, Land Use Planning, Policy 16). Because the MUE zone does not share the same Comprehensive Plan Map designation as the C-P zone, a Type Ill-PC Comprehensive Plan Map Amendment from General Commercial to Mixed-Use Employment also is required in addition to the Zoning Map Amendment from C-P to MUE. The request is "quasi-judicial"(Type Ill) in that it affects a single property. However, because it involves changes to both the city's Comprehensive and Zoning Maps, the request must be approved by the Tigard City Council based on a recommendation of the city's Planning Commission, per Section 18.380.030(A)(2), subject to the approval process contained in Section 18.390.060. Since the decision is made by means of a Type IV Legislative process, the state mandated 120-day "clock" does not apply. A Comprehensive Plan/Zoning Map Amendment also has the highest legal burden of any land use entitlement. If the request in this application is approved, WCHS will proceed to the next round of land use entitlements including concurrent Type III Condition Use and Type 11 Site Development Review for approval of its proposed redevelopment plan. Approval Criteria [Section 18.380,030 (A)(2)1. The approval criteria for a Comprehensive Plan/ Zoning Map Amendment are contained in Section 18.380.030 as follows: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations. Finding: Demonstration of compliance with all applicable goals, policies and action items from the Tigard Comprehensive Plan is provided immediately below. Since this request also includes a Comprehensive Plan Map Amendment as well as a Zoning Map Amendment, compliance to applicable regional (Metro) plans and policies and Statewide Planning Goals also is provided below. This criterion will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-1 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance. Finding: WCHS has developed only a preliminary concept plan for the renovation/redevelopment of this site because it does want to invest the funds for a fully-developed plan until the proposed Comprehensive Plan/Zoning Map Amendment is granted. Once this has occurred, the applicant will develop a detailed redevelopment plan incorporating all applicable design, development and functional requirements of the Tigard Development Code (Title 18), except where Variances and Adjustments are sought. Documentation of compliance with Title 18 will be provided in the subsequent concurrent Type Ill Conditional Use/Type Il Site Development Review applications. This criterion is met provisionally now and will be met with the submission of subsequent land use applications. 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Finding: Having completed the required alternatives analysis as described in detail in Chapter Ill, there is ample documentation that re-zoning of the subject site is justified. To comply with this criterion, there is "evidence of change in the neighborhood or community'; based on events that have occurred since the last Comprehensive Plan Map was adopted. Namely, the segment of SW Pacific Highway upon which the subject site is located has been designated in the Metro 2040 Growth Management Plan Concept as a "Corridor" design type and in the Regional Transportation Plan (RTP) as a "High-Capacity Transit Corridor". Recently, Metro has designated the corridor as the next priority for the extension of light rail transit (LRT) from downtown Portland to Sherwood. Although detailed land use and transportation planning for the corridor is just beginning, the city's vision statement calls for the up-zoning of sites along the corridor to increase the mix of uses, including residential, retail, office, industrial, institutional and civic activities, and development density/intensity to support transit. Significant redevelopment of Downtown Tigard as a Metro-designated "Town Center", described in planning documents as a medium-/high-density mixed-use "urban village'; also is planned. As a result of this change in circumstances, the city Current Planning Department has suggested that the Mixed-Use Employment (MUE) is the most appropriate zone for the site. According to the definitions in Chapter 18.520, the characteristics of the MUE zone is as follows: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to(1)support alternative modes of transportation to the greatest extent possible;and(2) encourage a mix of uses to facilitate intra-district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. [Section 33.520.020(F)]. (Emphasis added.) In the Pre-Application Conference notes (Appendix A), the City Current Planning Department has indicates that it "would support"the application of the Mixed-Use Employment (MUE) zone for the following reasons: .....1) the zone allows schools as a conditional use;2) the zone continues to allow religious institutions outright; 3) the zone allows residential use with a maximum density of 25 units/acre, consistent with the adjacent R-25 zone; 4) the zone allows a greater mix of uses than C-P, consistent with Pacific Hwy High Capacity Corridor Planning;and 5) the code anticipates the application elsewhere in the city through the legislative process. This criterion is met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-2 Compliance With Tigard Comprehensive Plan. As required by the approval criterion in Section 18.380.030(A), the applicant is required to demonstrate compliance with the applicable policies of the city's Comprehensive Plan. These include the applicable policies of the following chapters: • Chapter 2:Land Use Planning • Chapter 9:Economic Development • Chapter 10:Housing • Chapter 11:Public Facilities • Chapter 12: Transportation • Chapter 13:Energy • Chapter 15: Special Planning Areas:Downtown Tigard Chapter 2;Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policies 4. The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. Finding:Although this is directed towards city action, the proposed re-zoning of the subject site will aid in re-use/redevelopment of a large site along SW Pacific Highway, a designated "High-Capacity Transit Corridor", which currently is significantly under-utilized and with minimal re-use options due to a archaic building and limited transportation access. This policy is met. 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. Finding: This segment of SW Pacific Highway is a designated Corridor in the Metro 2040 Framework Plan. The proposed up-zoning of the subject site from C-P to MUE is in keeping with this policy as well as the visions for nearby Downtown Tigard to the west and Tigard Triangle to the east. This policy is met. 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. Finding: The current zoning, C-P, provides a relatively short list of allowed and conditional uses, and the current development on the subject site offers limited options for redevelopment of a large under-utilized parcel on SW Pacific Highway, a designated "High- Capacity Transit Corridor". The re-zoning of the site to MUE, in which schools are allowed conditionally and churches by right, is in keeping with this policy. This policy is met. 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: C. Mixed use; Finding: This policy envisions the city adopting mixed-use zoning wherever appropriate, no more appropriate than on this segment of SW Pacific Highway upon which the subject site is located because of its designation as a High-Capacity Transit Corridor, proximity to Downtown Tigard and the Tigard Triangle; and adjacency to Highway 217. This policy is met. F. Public services. Finding: Although up-zoning to create a broader mix of uses and higher densities on the subject site is justified, there are significant existing and future traffic constraints on the segment of SW Pacific Highway upon which the subject site is located unless and until the capacity for alternative modes, particularly high-capacity transit, is available. The proposed re-use of the subject site for a 400-student high school is a perfect use of the site because it contributes little traffic to the PM peak demand on SW Pacific Highway and in the long-run provides a body of transit riders once high-capacity transit is provided. To further ensure that the proposed development does not exceed existing/future roadway capacity, the applicant is asking the city to approve the re-zoning with a maximum "trip cap"that does not exceed the AM and PM traffic impact of the most intense allowed Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-3 use in the existing C-P zone, which in this case is medical/dental office. The school's AM peak trips will coincide with the general peak but still less than the worst-case scenario. The PM peak traffic generated by the proposed high school will be less than this maximum cap because most students and staff will leave the site by 4 PM. These traffic impacts will be demonstrated in the transportation analysis prepared as part of the subsequent concurrent Type Ill Conditional Use/Type 11 Site Development Review applications. This policy is met. 8. The City shall require that appropriate public facilities are made available, or committed, prior to development approval and are constructed prior to, or concurrently with, development occupancy. Finding:A `high-level"impact analysis is provided in this application as detailed in Chapter Ill and Policy 15A-B below that demonstrates the proposed 400-student high school will not tax the existing infrastructure system including that for water, sanitary sewer, stormwater disposal and transportation. A more detailed analysis of the project's impact on public infrastructure will be provided in the subsequent concurrent Conditional Use/Site Development Review applications. This policy is partially met with this application and will be fully met in subsequent land use applications. 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements, that encourage results such as: B. Land use compatibility. Finding: In quasi-judicial decisions such as this, the city can judge the compatibility of the proposed zoning district based on an analysis of the impacts of the zone's proposed uses on surrounding development in making its decision to approve the request. The city has the opportunity to judge the compatibility of a specific use at a specific site in subsequent land use approvals. In the case of a high school allowed conditionally in the proposed MUE zone, this evaluation will take place in the subsequent concurrent Conditional Use/Site Development Review applications. This policy is met. E. Regulatory flexibility necessary for projects to adapt to site conditions. Finding: As noted above, the city has the opportunity to provide regulatory flexibility in the Conditional Use process that will apply to the specific use, a high school, proposed for the subject site, with additional flexibility provided by the process for Variances and Adjustments. This policy is met. 14. Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan, and when necessary, those of the state and other agencies. Finding: The applicant bears the burden of proof in this application, particularly through demonstration of compliance with city, regional and state goals, policies, plans and implementing measures that pertain to the request. All of these are described in this chapter. This policy is met. 15. In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation. Finding: In Chapter Ill of this application, the applicant undertakes a preliminary impact analysis to demonstrate that the proposed new zoning district, MUE, and proposed conditional use, a high school, will not unduly tax the public infrastructure system for water, sanitary sewer and storm water disposal. The applicant proposes a trip cap for the site that is equal to the maximum amount of automobile trips for both the AM and PM peaks that would be allowed by the most intense use, a medical/dental office, in the existing C-P zone. This ensures that the proposed re-zoning will not exceed existing or future roadway capacity. Detailed impact analysis for all of these types of infrastructure will be provided in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-4 B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services. Finding: As noted above, the applicant requests that the city condition the approval of the requested re-zoning with a trip cap that does not exceed the total number of automobile trips associated with the most intense use, a medical/dental office, allowed by right in the existing C-P zone. This policy will be met. C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing, public and community services, etc. in the particular location, versus other appropriately designated and developable properties, Finding: K-12 schools are part of the community's institutional infrastructure along with parks, community centers, churches, medical centers, universities and day care centers. As such, institutions are considered an important category both as conditional uses in residential zones and within mixed-use districts where they are often coupled with "civic"uses. This is in recognition that institutions such as schools are important to the health, safety, economic prosperity and quality of life of the community's residents. In the United States, education is a highly localized in which deference is given to families' decisions of which schools best meet the needs of their children, which has resulted in a healthy balance of public and privates schools, the latter designed to serve specific constituencies. WCHS is a private high school for grades 9-12. That the school has 250 students and a waiting list of potential students and has outgrown its current facility is a de facto indication of public need. The request complies with Policy 15C. D. Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation; Finding:As described in Chapter III, the applicant has undertaken an alternatives analysis to document that there are no alternative vacant sites of adequate size, appropriate zoning, availability, and development readiness within the Tigard city limits to accommodate the proposed 400- student high school. Moreover, there is no other already-developed site than is appropriate for re-use, renovation and/or expansion for a high school. As there are no other alternative sites, re-zoning of the subject site from C-P, where schools are not permitted, to MUE, where schools are allowed conditionally, is warranted. Moreover, there is ample evidence in the record that the proposed zoning designation is more appropriate for the site in general given changes in surrounding areas and in keeping with the evolving vision for this portion of Tigard, including SW Pacific Highway as a High-Capacity Transit Corridor and redevelopment envisioned for Downtown Tigard and Tigard Triangle to the west and east of the site, respectively. This policy is met. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled. Finding: This will be demonstrated amply when the detailed redevelopment plan for the site is undertaken following the approval of this application for a zone change and reviewed by the city in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible, with environmental conditions and surrounding land uses. Finding: See Policy 15E above. This policy will be met. G. Demonstration that the amendment does not detract from the viability of the City's natural systems. Finding: See Policy 15E above. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-5 16. The City may condition the approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific desiqn/development requirements Finding: The applicant asks that the city not limit the zone change to this particular use, i.e., a high school as a primary use and church as secondary use, as this unduly limits the future re- use of the property should the high school close or be relocated. However, the applicant does request the trip cap noted above to ensure that the proposed use and any subsequent uses do not unduly impact existing or future roadway capacity in the vicinity of the subject site. This policy is at the discretion of the city. This policy is optional and depends on city action in during the approval process. 17. The City may allow concurrent applications to amend the Comprehensive Plan/Zoninq Map(s) and for development plan approval of a specific land use. Finding: The staff of the city's Current Planning Department indicated that the city would not accept an application for the next set of land use reviews, in this case a concurrent Type Ill Conditional Use/Type ll Site Development Review applications, until the decision on the Comprehensive Plan/Zoning Map Amendment has been rendered. The applicant wishes to revisit this issue with the city in the near future given this policy language. This policy is advisory 23. The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. Finding:At this stage, the re-zoning of the subject site, additional infrastructure is not required. The applicant is requesting a trip cap as a condition of approval to eliminate any threat that redevelopment of the site will exceed the existing or future capacity of the adjacent transportation system. Any specific infrastructure upgrades will be proposed when the detailed development plan is completed. Documentation of infrastructure sufficiency will be contained in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. Recommended Action Measures iii. Implement measures to preserve and enhance the quality and character of Tigard's residential districts. Examples include managing the design of infill development, mitigating impacts of adjacent dissimilar land uses, improving quality of streetscapes and the pedestrian environment, and providing greater access to open space. Finding: Currently the subject site is governed by a non-residential zone, C-P, as is the proposed new zone, MUE. By approving the proposed high school as a conditional use, the city is insuring the protection of nearby residential areas to the west and north. This proposal is in keeping with this action measure. v. Revise the Comprehensive Plan text, maps, and related findings as needed to maintain reliability and timeliness; to insure consistency among goals, policies, and recommended action measures; to assure accuracy of findings; and to comply with state, regional, and federal laws and rules. This includes review by the Planning Commission every two years, formal evaluation every five years, and an overall update at least every ten years. Finding: This action measure directs the city to update the Comprehensive Plan legislatively to `insure consistency among goals, policies and recommended action measures " However, through the quasi-judicial process, the city has the opportunity to update the Comprehensive Plan and Zoning Map designations on specific properties dictated by the change in vision, policy and/or circumstances. This is the case on the subject site where planning in the vicinity of the site now dictates up-zoning to allow a greater mix of uses at higher densities/intensities. Approval of this quasi-judicial request is in keeping with this action measure. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-6 x. Implement incentive and redevelopment programs to utilize urban land and existing public facilities more efficiently. Finding: The existing site is under-utilized, but its redevelopment is hobbled by an archaic building inventory; restricted vehicle access, and capacity constraints on SW Pacific Highway. The proposed high school at this location would re-use the existing building inventory and expand facilities to increase intensity without negative impact upon the nearby roadway system. This redevelopment cannot be achieved without approval of the proposed quasi-judicial Comprehensive Plan/Zoning Map Amendment, which would be consistent with this action measure. Chapter 9:Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policies 1. The City shall establish strategies to retain and encourage the growth of existing businesses. Finding: To the degree that an institution, in this case City Bible Church (CBC), is a business, the approval of this quasi-judicial Comprehensive Plan/Zoning Map Amendment will permit the subject site to be more intensely used through its sale to WCHS. This is possible because the church will remain as a secondary weekend user while the facility is expanded and put to use during the work week. WCHS has a combined faculty/staff of 38 full- and part-time employees for an existing student body of 250. It is expected that the faculty/staff will increase by two full- time staff, for a total of 40, when the school achieves its maximum size of 400 students. This includes upgrading several part-time employees to full-time status, thus, significantly increasing total payroll. This policy is met. 2. The City shall actively encourage businesses that provide family-wage jobs to start up, expand, or locate in Tigard. Finding: As noted above, when it relocates to Tigard from Lake Oswego, WCHS will have a combined faculty/staff of 38 full-and part-time employees, which will increase to 40 when the school reaches its maximum size of 400 students. As most of these employees are teachers and administrators, these jobs command family wages and full benefits, in keeping with this policy. 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Finding: As noted above, the subject site is under-utilized and hobbled by an archaic building inventory, the re-use of which is significantly restricted. Moreover, the planning in the area, both for the SW Pacific Highway Corridor and nearby Downtown and Tigard Triangle areas envisions a greater mix of uses and higher densities/intensities than permitted by existing zoning on and in the vicinity of the subject site. By approving this quasi-judicial request for a Comprehensive Plan/Zoning Map Amendment, the city will up-zone the site to achieve greater flexibility in its redevelopment, in this case for a 400-student high school. This policy is met. 5. The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. Finding: Now zoned C-P, the subject site is significantly under-utilized and hobbled with an archaic building inventory with limited re-use capability. The proposed re-zoning to MUE will permit the relocation of WCHS from Lake Oswego to Tigard. As noted above, the school plans to renovate the existing facilities extensively, expand the building footprint and make other site improvements including the landscaping of existing parking lots and creation of outdoor sports facilities. As a result, the use of the site will be extended throughout the work week in addition to the part-time use of the site by City Bible Church, which will remain a weekend tenant. The school brings 400 students and combined faculty/staff of 40. This policy is met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-7 12. The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. Finding: Provision of a full range of civic and institutional uses, including schools, makes an important contribution to the community's livability. By granting the requested re-zoning, the city will facilitate several things: 1) permit the re-use of an archaic building with few options for alternative use; 2) increase the intensity of use of under-utilized site in a critical location; 3) upgrade the facility by adding additional landscaping and outdoor sports facilities; 4) provide additional potential transit riders among students, staff and faculty; and 5) provided additional patronage of nearby retail businesses. This policy is met. Recommended Action Measures vi. Support redevelopment of existing vacant and underutilized industrial and commercial lands rather than designating additional lands for these purposes. Finding: Approval of this quasi- judicial request for re-zoning helps to accomplish this action measure by allowing the re-use of a partially-vacant and under-utilized site in a critical location along SW Pacific Highway just east of downtown Tigard. This proposal is in the spirit of this action measure. viii. In view of the limits imposed on Tigard's ability to expand its City limits by surrounding jurisdictions, develop strategies to increase employment growth through more intense and efficient use of existing lands. Finding: As noted above, approval of the proposed re-zoning request will permit intensification of the use of this under-utilized site, which is located at a critical juncture along the SW Pacific Highway, a designated High-Capacity Transit Corridor. Approval of this request is in the spirit of this action measure. xii. Increase opportunities for higher density housing and employment development in the Downtown Urban Renewal District, Washington Square Regional Center, Tigard Triangle, and designated Corridors to enable more intense housing and employment uses to be located in close proximity to transit and other urban uses. Finding: By approving this re-zoning request, the city will expand the use of the site to provide 38 new professional, family-wage jobs upon occupancy and up to 40 such jobs when the maximum of 400 students is reached. Approval of this request is in the spirit of this action measure. Goal 9.3:Make Tigard a prosperous and desirable place to live and do business. Policies 1. The City shall focus a significant portion of future employment growth and high-density housing development in its Metro-designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. Finding: The subject site lies on the SW Pacific Highway Corridor between downtown Tigard to the west and Tigard Triangle to the east. By approving the proposed re-zoning request, the city will permit this partially-vacant, under-utilized site to redevelop. As noted above, the proposed high school will bring 38 new professional, family-wage jobs into Tigard, which will expand to as many as 40 such jobs when the school grows to its maximum student body of 400. This policy is met. 3. The City shall commit to improving and maintaining the quality of community life (public safety, education, transportation, community design, housing, parks and recreation, etc.) to promote a vibrant and sustainable economy. Finding: As noted in the policy statement, educational facilities contribute to the quality of community life. The proposed re-zoning will permit the subject site, which is partially vacant and significantly under-utilized, to be redeveloped for a high school with up to 400 students and 40 faculty/staff, in support of this policy. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-8 Recommended Action Measures iii. Promote Tigard's cultural, historic, recreational, educational, and environmental assets as important marketing tools for the City's business areas and neighborhoods. Finding: Approval of this quasi-judicial request for a re-zoning of the subject parcel, will enable its redevelopment for a 400-student high school, thereby increasing the city's educational assets. Approval of this request is in the spirit of this action measure. v. Investigate ways to improve the appearance and function of Hwy 99W and other transportation corridors. Finding: Approval of this quasi-judicial request for a re-zoning of the site will enable the redevelopment of the site for a 400-student high school. This result in the renovation and re- use of an archaic building with limited re-use options; expansion of the facility to bring it closer to the SW Pacific Highway right-of-way, enhancing the facility's presence at the street and contribution to a positive pedestrian experience; and installation of additional landscaping and other site improvements. Approval of this request is in the spirit of this action measure. Chapter 10:Housing Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policies 5. The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. Finding: Although the purpose of this quasi-judicial request to re-zone the subject site to allow its redevelopment for a high school, the propose zoning designation, MUE, does permit housing at 25 units/acre, considered `medium high-density"in the city's Development Code, as an outright use. Should the high school close or be relocated, the site could redevelop to include housing, most likely in a mixed-use configuration with the vertical or horizontal mix of residential and non- residential uses. Thus, re-zoning expands future housing options on the site, something that the current C-P zone does not. Moreover, the allowed density of 25 units/acre is consistent with the R-25 zoning immediately to the west. This policy is met. Recommended Action Measures iii. Increase opportunities for higher density mixed use development in the Downtown Urban Renewal District, Washington Square Regional Center, Tigard Triangle, and designated Corridors to enable residential uses to be located in close proximity to retail, employment, and public facilities, such as transit and parks. Finding: The proposed zone requested in this application is MUE, in which housing at a density of up to 25 units/acre is permitted by right. Approval of this request is in the spirit of this action measure. vi. Provide incentives to encourage the development of a range of housing choices at transit- supportive densities near existing and planned transit routes, and/or in proximity to major activity centers such as employment, commercial areas, schools, and recreation areas. Finding: As noted immediately above, the proposed zoning designation, MUE, requested in this application allows housing at a density of 25 units/acre by right. Approval of this request is in the spirit of this action measure. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-9 Goal 10.2:Maintain a high level of residential livability. 3. The City shall commit to improving and maintaining the quality of community life public safety, education, transportation, community design; a strong economy, parks and recreation, etc.) as the basis for sustaining a high-quality residential environment. Finding: As noted above, educational facilities are considered an important contribution to the community's quality of life and social fabric. Approving this request to re-zone the subject site from C-P, where schools are prohibited, to MUE, where schools are permitted conditionally, facilitates the redevelopment of the subject site for a 400-student high school. This policy is met. 7. The City shall insure that residential densities are appropriately related to locational characteristics and site conditions such as the presence of natural hazards and natural resources, availability of public facilities and services, and existing land use patterns. Finding: The proposed zoning designation, MUE, allows housing at a density of 25 units/acre by right. This is the appropriate density given that the apartment complex immediately to the west of the subject site is zoned R-25, the equivalent residential zone to MUE. At the same time, the MUE designation recognizes the subject site's critical location on the SW Pacific Highway, a designated High-Capacity Transit Corridor, at the juncture of Highway 217 and between downtown Tigard and the Tigard Triangle. The zoning adjacent to the site to the south, east and west include C-G, MU-CBD and MUE, reflecting the city's intent to transition the area to a broader mix of uses at higher densities/intensities. This policy is met. 8. The City shall require measures to mitigate the adverse impacts from differing, or more intense, land uses on residential living environments, such as: A. Orderly transitions from one residential density to another; Finding: The proposed zoning designation, MUE, features the same maximum density, 25 units/acre, as the apartment complex immediately to the west. This policy is met. Chapter 11;Public Facilities Goal 11.1: Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policies 1. The city shall require that all new development: A. Construct the appropriate stormwater facilities or insure construction by paying their fair share of the cost. Finding:Assuming this request for re-zoning the subject site is approved by the city, the applicant will submit concurrent Conditional Use/Site Development Review applications that will contain a detailed stormwater disposal plan, including any on-site facilities required to meet development and design standards imposed by Clean Water Services (CWS) that regulates stormwater disposal for all jurisdictions in Washington County. As part of its development, the applicant will pay the cost of such on-site upgrades and any systems development charges (SDCs) that apply. This policy will be met in a later stage of the development process for this site. B. Comply with adopted plans and standards for stormwater management. Finding:As noted above, CWS regulates the development and maintenance of on-site stormwater disposal systems within the Tigard city limits. The applicant will comply with all applicable regulations and standards imposed by CWS. This policy will be met in a later stage of the redevelopment process for this site. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV 10 C. Meet or exceed regional, state, and federal standards for water quality and flood protection. Finding: The subject site is not in flood zone, so flood protection requirements do not apply in this case. As noted above in Policy 1A-B, the applicant will comply with all applicable regulations and standards imposed by CWS. This policy will be met in a later stage of the development process for this site. 5. The City shall require maintenance access to all storm water infrastructure and easements Finding: At a later time in the redevelopment process, the applicant will grant all necessary infrastructure access easements to CWS as required. This policy will be met. 7. The City shall encourage low impact development practices and other measures that reduce the amount of, and/or treat, stormwater runoff at the source. Finding: At a later time in the development process when WCHS undertakes the detailed design of the project, its consulting engineers, KPFF, will address stormwater disposal per the requirements of the CWS Storm water Manual, which requires the implementation of low-impact development practices. In addition, architectural design teams are becoming savvier about designing new development/ redevelopment in a manner that minimizes stormwater run-off. This policy will be met in a later stage of the development process for this site. Goal 11.2: Secure a reliable, high quality, water supply to meet the existing and future needs of the community. Policies 3. The City shall require maintenance access to all public water infrastructure and easements. Finding: At a later time in the redevelopment process, the applicant will grant all necessary infrastructure access easements for water facilities to the city as required. This policy will be met. 6. The City shall require all new connections within the Tigard Water Service Area to pay a system development charge. Finding: At the point in the redevelopment process when it applies for building permits, the applicant will pay all required water-service system development charges. This policy will be met. 8. The City shall require all new development needing a water supply to : A. Connect to a public water system. Finding: The site already is connected to the public water system via the water main in SW Pfaffle Street. Therefore, the site already is in compliance with this requirement, although the on-site service may need to be up-sized for the proposed use. B. Pay a system development charge and other costs associated with extending service. Finding:At the point in the redevelopment process when it applies for building permits, the applicant will pay all required water-service system development charges. This policy will be met. C. Insure adequate pressure and volume to meet consumption and fire protection needs. Finding: As part of its responsibility as the civil engineer on the project, KPFF will design the on-site water system to maintain adequate pressure to meet consumption and fire suppression needs. This will be demonstrated in the subsequent concurrent Condition Use/ Site Development Review applications. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV 11 D. Extend adequately sized water lines with sufficient pressure to the boundaries of the property for anticipated future extension. Finding:As indicated in the preliminary impact analysis in Chapter Ill, the applicant's civil engineer, KPFF, has indicated that it is likely that the on-site water line may have to be up-sized to accommodate the increase in development on the site to ensure adequate pressure for consumption and fire suppression. This nature and extent of these on-site upgrades to the water system will be contained in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. Goal 11.3: Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policies 1. The City shall require that all new development: A. Connect to the public wastewater system and pay a connection fee. Finding: The subject site already is connected to the public sanitary sewer system via the sewer line in SW Pfaffle Street. At the time it applies for building permits, the applicant will pay all applicable connection fees as levied by the city. This policy will be met. B. Construct the appropriate wastewater infrastructure. Finding:As part of its responsibility as the civil engineer on the project, KPFF will design the on-site sanitary sewer system in compliance with all applicant development and technical standards imposed by the city's Engineering Department; this may require the up-sizing of on-site piping to the sewer main in the street. This adequacy of this on-site upgrade will be documented in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. C. Comply with adopted plans and standards for wastewater management. Finding: As noted above, the applicant's civil engineer, KPFF, will design the upgrade of the on-site sanitary sewer system to support redevelopment of the site for a 400-student high school in compliance with all City of Tigard regulations. This policy will be met. Goal 11.4: Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policies 4. The City shall require that all new development: A. Can be provided fire and police protection. Finding: As the site is located within the city limits, both fire and police protection is available from the Tigard Police Department and Tualatin Valley Fire and Rescue (TVFR), respectively. This policy is met. B. Provide Tigard Police, Tualatin Valley Fire and Rescue, and the school districts the opportunity to comment on the proposal. Finding: These two agencies will have an opportunity to respond to the proposal for redevelopment in the subsequent concurrent Conditional Use/Site Development Review applications. The proposal will have impact on the school system, so outreach to the Tigard-Tualatin School District will not be required. This policy will be met. C. Have sufficient fire hydrants and fire flow. Finding: As part of its civil engineering work on the redevelopment plan for the site, KPFF will ensure that there is adequate capacity and pressure to provide code-required on-site fire suppression. This includes the provision of additional on-site fire hydrants as required by TVFR regulations. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV 12 D. Have a street layout and design that is accessible by emergency vehicles. Finding: The applicant's consulting team will consult with TVFR to ensure that there is adequate access to the site for all emergency vehicles. This may include permission from the Oregon Department of Transportation (ODOT) to use the now-closed access on SW Pacific Highway for an emergency-only access. This policy will be met. E. Have buildings that meet fire and building code requirements. Finding: As part of the detailed redevelopment plans, the applicant's design team will ensure that the project meets all applicable building and fire code requirements. This will be discussed in the subsequent concurrent Conditional Use/Site Development Review applications and demonstrated in detail on the construction plans submitted for building permit. This policy will be met later in the development process. Recommended Action Measures iii. Review the Community Development Code to identify locational barriers to constructing new schools and fire stations. Finding: Although this action directs the city to make appropriate changes to its Development Code text and Zoning Map to address the need for new schools, the approval of this quasi-judicial request for a zone change from C-P, where schools are prohibited, to MUE, where they are permitted conditionally, the city will ensure that the subject site will be properly zoned to permit its redevelopment for a high school. Approval of this request is in the spirit of this action measure. Chapter 12: Transportation Goal 12.1: Transportation System Policies 7. Implement the transportation system plan (TSP) in a coordinated manner by coordinating and cooperating with adjacent agencies (including Washington County, Beaverton, Tualatin, Lake Oswego, City of Portland, TriMet, Metro and ODOT) when necessary to develop transportation projects which benefit the region as a whole in addition to the City of Tigard. Finding: Although this is a global policy that will require legislative action to address, the city's approval of this quasi-judicial request for re-zoning is in keeping with the redevelopment of this portion of SW Pacific Highway now envisioned in recent planning efforts related to the corridor's priority for the next extension of LRT and redevelopment of downtown Tigard. This policy is met. Goal 12.2: Trafficways Policies 3. The City shall require as a precondition to development approval that: A. Development abut a publicly dedicated street or have adequate access approved by the appropriate approval authority. Finding: The site abuts SW Pacific Highway to the south and SW Pfaffle Street to the north. However, ODOT has permanently closed the driveway onto SW Pacific Highway and is unlikely to re-grant approval to re-open the driveway. For this reason, the site takes its only access from SW Pfaffle. Currently, as part of the redevelopment plan, the applicant is discussion the exact location of the driveway on SW Pfaffle Street in terms of its relationship to the location of SW 81st and SW 83rd Avenues entering the street from the neighborhood to the north. Final determination of this will be made by the city Engineering Department in the subsequent concurrent Conditional Use/ Site Development Review applications. This policy is met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-13 B. Street right of way be dedicated where the street is substandard in width. Finding: At the current time, there is no indication that further dedication of street right-of-way(ROW) will be required for this development. However, a final determination will be made as part of the subsequent concurrent Conditional Use/Site Development Review applications. The applicant will dedicate additional ROW on SW Pfaffle Street if required by the city Engineering Department. This policy will be met. C. The developer commits to the construction of the streets, curbs and sidewalks to city standards within the development. Finding:As part of the redevelopment plan, the applicant will ensure that the project meets the city's sidewalk standards on both of the site's street frontages, SW Pacific Highway and SW Pfaffle Street. This will be demonstrated in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met, if applicable. D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts. Finding: The need to fund off-site improvements such as these will be determined later in the redevelopment process as documented in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met, if applicable. E. Street improvements be made and street signs or signals be provided when the development is found to create or intensify a traffic hazard. Finding: The need to fund off-site improvements such as these will be determined later in the redevelopment process as documented in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met, if applicable. F. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership. Finding: The need for additional off-site transit facilities such as these will be determined later in the redevelopment process as documented in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met, if applicable. G. Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designed for disabled persons. Finding: The total number, design and location of disabled-accessible parking spaces in private parking lots are governed by the building code. The applicant will meet or exceed code requirements for disabled parking when a detailed redevelopment plan for the site is formulated. Documentation of compliance to these standards will be contained in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. H. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. Finding: The applicant will dedicate additional ROW to provide public pedestrian and bicycle improvements to the degree that this is required. This issue will be addressed as part of the formulation of the detailed redevelopment plan for the site and documented in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. 6. The City shall adopt the following transportation improvement strategy in order to accommodate planned land uses in the Tigard A. Highway 99W should be widened to six 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. Finding: This is a legislative mandate rather than a quasi-judicial one. However, as part of the redevelopment process, the applicant will provide additional ROW dedication on SW Pacific Highway if required. This policy will be met, if applicable. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV 14 Goal 12.3: Public Transportation Policies 2. The City shall encourage the expansion and use of public transit by: A. Locating land intensive uses in close proximity to transit ways. Finding: The proposed re- zoning of this site will provide a wider range of land uses at higher densities/intensities envisioned in this policy. The proposed re-use of the site for a high school, allowed conditionally only if the site is re-zoned, will greatly increase the utilization of the site and provide additional transit riders among its 400 students and 40 employees. This policy will be met. Goal 12.5:Pedestrian and Bicycle Pathways Policies 1. The City shall locate bicycle/pedestrian corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the city, by developing the pathway system shown on the adopted pedestrian/bikeway plan. Finding: Although this is a legislative mandate, the granting of this request for re-zoning will further the provision of a comprehensive pedestrian and bicycle facilities along this critical transportation corridor by requiring the applicant to make on-site and frontage improvements related to pedestrian and bicycle access as part of the redevelopment process. This policy will be met. Chapter 13:Energy Goal 13.1: Reduce energy consumption. Policies 1. The City shall promote the reduction of energy consumption associated with vehicle miles traveled through: A. Land use patterns that reduce dependency on the automobile. Finding: Up-zoning the subject site to MUE per this request will permit a broader range of land uses at higher densities/intensities as envisioned in this policy than currently allowed in the underlying C-P zone. The proposal to redevelop the site for a 400-student high school, which is only possible if the re-zoning request is approved, will significantly intensify the use of this significantly under-utilized site. This policy is met. B. Public transit that is reliable, connected, and efficient. Finding: The SW Pacific Highway Corridor already is well-served by transit and will be even better served if the corridor is selected for the extension of LRT. The proposed up-zoning of the site will provide a significant number of potential transit riders to support the maintenance and expansion of transit service. This policy is met. C. Bicycle and pedestrian infrastructure that is safe and well connected. Finding:As a part of the redevelopment process, the applicant will provide the on-site bicycle pedestrian environment needed to support high-capacity transit. This policy is met. 3. The City shall require future development to consider topography, vegetation, and solar access during the design phase to reduce demands for artificial heating, cooling, and lighting. Finding: In this case, the city will have the opportunity to undertake the analysis for this policy in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-15 6. The City shall support energy conservation by: A. Encouraging designs that incorporate Leadership in Energy and Environmental Design (LEED) or other accepted standards or achieve a minimum certification. Finding:Although it has not decided whether to seek a particular LEED certification level, applicant has directed its design team to incorporate design, building materials and construction practices very similar to those used for LEED-certified educational projects. Such practices are designed to protect site users' health, safety and well-being, and enhance the fundamental teaching and learning capabilities of the school. Planned are strategies that use energy and material resources wisely and protect and preserve the school site environment. Moreover, the applicant wishes to exceed the minimum requirements of the newly-adopted Oregon Energy Code. Further discussion of energy-efficient practices and materials will be contained in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. D. Providing flexibility in the land use process to take advantage of solar radiation. Finding: Given the southern site orientation and site's location on the north side of SW Pacific Highway, the facility currently receives the maximum solar exposure. This important feature will be protected in the ultimate redevelopment of the site as demonstrated in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. Recommended Action Measures i. Create a process that requires new development to consider topography, vegetation, and solar access during the design phase. Finding: The city has the opportunity to review the incorporation of these on-site elements to the optimum degree. Efforts to maximize the energy efficiency of the site will be demonstrated in the subsequent concurrent Conditional Use/Site Development Review applications. The proposal is in the spirit of this action measure. Chapter 15 — Special Planning Areas: Downtown. Although it lies outside the boundary for Downtown Tigard, the subject site lies immediately the east across Highway 217 and, therefore, to a degree, the vision for Downtown Tigard provides some guidance for the nearby properties. Goal 15.1: The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enable people to live, work, play, and shop in an environment that is uniquely Tigard. Finding: The site is just to the east of downtown Tigard separated by SW Pacific Highway's intersection with Highway 217. There is no reason that the principles of the downtown vision cannot be extended to immediately adjacent properties outside the official downtown urban renewal boundary. The proposed re-zoning and proposed redevelopment of the site for a 400-student high school are in keeping with the downtown Tigard vision as articulated in this goal. Compliance with Regional Plans. As noted in Chapter III, the subject site is located on SW Pacific Highway that is designated as a "Corridor" design type on the Metro's 2040 Growth Management Concept Plan Map and `high-capacity transit corridor"in the Regional Transportation Plan (RTP); in fact, the corridor is the next priority corridor for the extension of LRT. According to Chapter 1, Land Use Planning, of the Framework Plan, there are two policies that pertain to the subject site: 1.8.1 Identify and actively address opportunities for and obstacles to the continued development and redevelopment of existing urban land using a combination of regulations and incentives to insure that the prospect of living, working and doing business in those locations remains attractive to a wide range of households and employers. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-16 1.8.2 Encourage, in coordination with affected agencies, the redevelopment and reuse of lands used in the past or already used for commercial or industrial purposes wherever economically-viable and environmentally-sound. Finding: The proposed redevelopment of the site made possible by the requested re-zoning is in keeping with these policies, namely `identify and actively address opportunities for and obstacles to development or redevelopment of urban land" that results in a broad mix of uses (Policy 1.8.1). Moreover, the proposal allows for the re-use of already-developed commercial land, to minimize expansions of the regional UGB (Policy 1.8.2). Compliance with Vision of Metro/City of Tigard High-Capacity Transit Planning. As noted in Chapter Ill, SW Pacific Highway is designated as a "high-capacity transit" corridor in Metro's Regional Transportation Plan (RTP); the corridor is now the next priority for the extension LRT. Although detailed transportation and land use planning for the corridor is just getting underway, Metro and Tigard commissioned the development of a vision document by the University of Oregon's School of Architecture, `Pacific Highway to a Sustainable Future: Tigard 99 Corridor Urban Design Vision Executive Summary" (May 2010), proposed recommendations for which provide guidance about development/redevelopment along the corridor. Pertinent recommendations include: 2. LAND USE a. A positive future for the Corridor depends on providing the opportunity for a much wider range of land uses than currently allowed. Therefore, Tigard should amend its Tigard Comprehensive Plan and Zoning Maps to allow a variety of land uses including medium and high density housing, employment, commercial, professional services, institutional and civic uses. Finding: The proposed zoning designation, MUE, allows a far greater range of uses by right and conditionally than does the current zoning designation, C-P. If there was not this quasi-judicial request to re-zone the site, the city would eventually have to "up-zone" this site as well as others along the SW Pacific Highway Corridor to comply with this policy. As noted in the Pre- Application Conference notes (Appendix A), the city prefers the use of the MUE zone over other potential options; the selection of the proposed MUE re-designation is discussed in further detail in Chapter III. The proposed use of the site for a high school also complies as it is an institution, one within the range of uses envisioned for the corridor. Physically, the redevelopment of the site will both intensity its use by doubling the FAR and bring the building closer to SW Pacific Highway, creating a more pedestrian-friendly street frontage. The addition of up to 400 students and 40 faculty/staff will also provide increases in transit ridership. This policy is met. b. Associated with the planning for high capacity transit, Tigard should adopt land use and urban design standards that allow future development to create a variety of high amenity, pedestrian oriented developments, especially associated with the design and designation of high capacity transit station communities. Finding: As noted above, the redevelopment will double the FAR on the site and bring the building in much closer proximity to the Pacific Highway ROW, creating a more pedestrian-friendly street frontage. Although there will no longer be vehicular access from SW Pacific Highway, the existing east roadway will be retained providing access to the sidewalk for pedestrians, transit riders and cyclists. This policy is met. c. Future transportation and land use planning should be focused on creating a unique sense of place, or identity, for the Pacific Highway Corridor. This would include distinct entry points, neighborhood and employment districts, activity nodes at key locations, defined station community districts, interconnected green networks, etc. Also, even though there are a few churches, private child care and a school along the corridor, there are no civic buildings or larger institutions. Future land use plans and redevelopment efforts should insure that a wide range of civic and institutional uses can locate in the corridor. The future land use pattern of Pacific Highway must respond to a variety of transportation modes beyond the automobile. The automobile will remain an important part of the transportation system, but other modes such as rail, bus transit, walking, and biking must also be considered. This will require a land use pattern of mixed-use development types that are functionally and economically interdependent. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-17 Finding: A 400-student high school is an example of a "larger institution" contained in this policy statement. Both the proposed physical intensification of the site, doubling the existing FAR, and the operational intensity, bringing up to 440 people to the site daily, are in keeping with this policy. However, most institutions, including schools, are not allowed by the current zoning designation, C-P. As noted above, the city has indicated that if the zoning is changed, it prefers the MUE zoning designation for a number of reasons, as described in greater detail in Chapter Ill. This policy is met. 4. URBAN DESIGN AND ENVIRONMENT a. Corridor businesses and property owners, the City of Tigard, and ODOT should cooperate on a sustained effort to increase the appearance and overall aesthetics of the Pacific Highway Corridor on both public and private properties. This effort can have significant effect, beginning with strategic tree planting and other landscape improvements within street right-of-ways, freeway interchanges, and public easements. Finding: As noted in Chapter III, the existing building is archaic and has limited options for re-use. After being vacant for about two years, it is now occupied since 2004 by a church that uses the facility "as is" with primarily weekend activities. As a result, the site is physically and operationally under-utilized and, therefore, not a potentially significant generator of transit trips. WCHS proposes to redevelop the site for a 400- student high school, which will intensify both the physical site and operations, with the potential of both upgrading the street frontage and providing a pool of transit riders. This policy is met. b. Develop and implement strategies to improve the design quality of new and existing development such as assistance with clean-up, tree planting and landscaping; store front improvements; building and nuisance code enforcement, and land use design standards. Finding: As noted above, the conceptual redevelopment plan features building expansions to the southwest and southeast that will bring the facilities closer to the SW Pacific Highway ROW, thus, improving the street frontage and providing enhanced access for pedestrians, transit riders and cyclists. The redevelopment also will provide the opportunity to enhance landscaping and storm water treatment/disposal. In Tigard, the Site Development Review, which in this case will be undertaken concurrently with the Conditional Review, provides a platform for evaluating design as well as function. This policy is met. Statewide Planning Goals. Because involves a quasi-judicial Comprehensive Plan Map modification, State statute requires the applicant to demonstrate compliance with all of the applicable Statewide Planning Goals, which in this case, are Goals 1 — 14. Goal 1: Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Finding: In quasi- judicial land use cases, the City of Tigard requires the applicant call a special meeting of property- owners within 500' prior to the submission of an application to present the proposed project and seek feedback, presumably to ensure the resulting application addresses any questions or concerns raised by neighbors. In addition, the city has incorporated notice requirements to comply with State statute. In this case, neighbors within 500' are notified of the date, time and location of the public hearing(s) and provided a chance to respond with questions and concerns by e-mail, letter and/or oral testimony. Neighbors who officially respond to the notice then become parties of standing and are notified of the decision so that they can exercise their rights to appeal. In this case, the required neighborhood meeting was held on 2/7/11. This goal is met. Goal 2: Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. Finding: The city has complied with the goal by adopting its Comprehensive Plan, Development Code and Zoning Map, which it periodically updates through a combination of legislative and quasi-judicial modifications. In this quasi-judicial request, the applicant is demonstrating compliance with the Comprehensive Plan and Development Code by means of this application, especially Chapter 2, Land Use Planning, of the Comprehensive Plan, which the city adopted specifically to respond to this goal. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV 18 Goal 3: Agricultural Lands. To preserve and maintain agricultural lands. Finding: This goal does not apply as the subject site already is located within the regional UGB, and as such is designated for urban development. Goal 4: Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Finding: This goal does not apply as the subject site already is located within the regional UGB, and as such is designated for urban development. Goal 5: Natural Resources. Scenic and Historic Areas and Open Spaces. To protect natural resources and conserve scenic and historic areas and open spaces. Finding: This goad does not apply as the subject property has no scenic, historic, natural resource or open space overlay designations. Goal 6:Air, Water and Land Resources. To maintain and improve the quality of the air, water and land resources of the state. Finding: Infill/redevelopment("refill) is seen as one of the best ways to use existing urban land more efficiently, as it reduces the need to expand the regional UGB. Mixed- use at increasing densities/intensities also use existing infrastructure such as water, sanitary sewer, stormwater disposal and police/fire services, to the degree there is remaining capacity, more efficiently and, thus, reduce the need to extend infrastructure in `green field" sites either already within the regional UGB or immediately outside. Thus, up-zoning the site from C-P to MUE, maintains and improves air, water and land resources of the state by allowing a wider range of uses — including the proposed 400-student high school— at higher densities/intensities than the existing zoning designation. This goal is met. Goal 7: Areas Subject to Natural Hazards. To protect people and property from natural hazards. Finding: This goal does not apply as the subject site has no natural hazard overlays. Goal 8: Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Finding: If the re-zoning request is approved and the proposed project moves forward, the northern portion of the site will be improved to contain a soccer field and tennis courts to accommodate the recreational and physical education needs of students at WCHS. This goal is met. Goal 9: Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Finding:As noted in Chapter III, the site once accommodated a GM automotive training center that resulted in a facility that is highly individualized in design and not readily amenable to re-use. Currently, City Bible Church is housed there using the facilities "as is" but only primarily on weekends. By re-zoning the site, the city will permit WCHS high school to renovate extensively and expand the existing building stock, doubling the FAR; create a much more transit- and pedestrian- friendly street frontage on SW Pacific Highway, a designated High-Capacity Transit Corridor and next priority for expansion of LRT; re-utilize the site during the work week rather than just on weekends; and serve 400 students and 40 faculty/staff who can patronize nearby businesses and ride transit. Moreover, up to 40 jobs associated with the school are family-waged, professional positions for the most part. By demonstrating compliance with Chapter 9, Economic Development, of the Tigard Comprehensive Plan, the applicant demonstrates compliance with this goal. Goal 10: Housing. To provide for the housing needs of citizens of the state. Finding: Currently, housing is not an allowed use in the C-P zone. However, the proposed MUE zone allows housing up to 25 units/acre, similar to the large apartment complex to the west that is zoned R-25. Up- zoning the site to a zoning designation with a broader range of uses at greater intensity/density is in keeping with this goal, although the stated purpose is to provide a site for the relocation for WCHS, the likely use for the foreseeable future. In the unlikely event that the school closes or relocates, the site could be used for high-density housing by right. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV-19 Goal 11: Public Facilities. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Finding: There is a full complement of public services and facilities available to the site. The exact sizing and location of on-site water, sanitary sewer and stormwater disposal facilities will be determined once detailed design of the project is undertaken, which not occur until the proposed zone change is approved. This detailed infrastructure analysis and resulting plan will be prepared by the applicant's civil engineer and incorporated into the subsequent concurrent Type Ill Conditional Use/Type 11 Site Development Review applications. This goal is met. Goal 12: Transportation. To provide and encourage a safe, convenient and economic transportation system. Finding: In recognition of its regional importance, SW Pacific Highway has been designated as a High-Capacity Transit Corridor in the Metro Regional Transportation Plan (RTP) and has been identified as the next priority for the extension of the region's LRT system. Given all of the demands on the nearby roadway system, it is recognized by the city, Metro and the Oregon Department of Transportation (ODOT) that a significant shift from automobile travel to alternative modes is necessary if the corridor's capacity is to used efficiently. Even as planning for the LRT begins, it is incumbent upon the City of Tigard to begin up-zoning adjacent properties both legislatively and, when the opportunity presents itself, quasi judicially to permit redevelopment into a broader mix of uses at transit-supportive densities. The proposed high school, which is only feasible if this re-zoning request is approved, will increase the intensity of use both physically, by doubling the existing FAR, and temporally by provided activity throughout the week. The up to 400 students and 40 faculty/staff also provide a large pool of potential transit riders. This goal is met. Goal 13: Energy Conservation. To conserve energy. Finding: Re-using existing building stock conserves energy because it is not necessary to expend energy either to demolish the existing building and transport debris to a remote landfill or to manufacture new building materials and transport these to the site. At the same time, the renovation/expansion of the existing building permits the facility to be brought up to code for current design/development, stormwater disposal, health/life safety, energy efficiency and seismic regulations. This goal is met. Goal 14: Urbanization. To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to insure efficient use of land, and to provide for livable communities. Finding: Because the proposed up-zoning will permit the re-use and intensification of the subject site, it is in keeping with this goal since the site already is located within the regional UGB. Applicable Provisions of Development Code. As noted throughout this application, this request for a Comprehensive Plan/Zoning Map Amendment is being undertaken to change the range of allowed/conditional uses so that the site can be productively re-used at a density/intensity envisioned in policy documents related to SW Pacific Highway's designation as a High-Capacity Transit Corridor. Assuming that this application is approved, the applicant will prepare a detailed site plan that will comply with all applicable provisions of the Development Code unless Variances/ Adjustments are sought. This will be accomplished through the subsequent concurrent Type Ill Conditional Use/Site Development Review applications. This provision will be met prior to construction of the proposed project. Impact Analysis. As noted earlier in this application, there are a full complement of public services and facilities — including water, sanitary sewer, storm water disposal, and police and/fire services— to serve the proposed use. Assuming that this application is approved, the applicant will prepare a detailed site plan that will include a detailed analysis of infrastructure capacity and design of on-site facilities that meet all applicable city, regional and state-wide requirements. This will be accomplished through the subsequent concurrent Type III Conditional Use/Site Development Review applications. This provision will be met prior to construction of the proposed project. Request for WCHS Type IV Comprehensive Plan/Zoning Map Change:Legal Justification IV 20 APPENDIX A PRE-APPLICATION CONFERENCE NOTES APPENDIX A PRE-APPLICATION NOTES FOR COMPREHENSIVE PLAN&ZONING MAP AMENDMENT OR TEXT AMENDMENT November 9,2010 STAFF PRESENT: Gary Pagenstecher, Gus Duenas APPLICANT:Andy Sears (Westside Christian High School),Beverly Bookin (TBG) PROPERTY LOCATION: 8200 SW Pfaffle Street (City Bible Church) TAX MAP/LOT#'s: 1S136CC00100 PROPOSAL DESCRIPTION: The applicant prefers a text amendment adding"schools" as a permitted or conditional use in the C-P zone. Alternatively,at the City's suggestion, the applicant anticipates a Comprehensive Plan Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications of the subject 7.44-acre site from Professional/Administrative Commercial(C-P) to either Mixed Use Residential(MUR 1 or 2),Mixed Use Employment(MUE1or 2), or Residential (R- 25). COMP PLAN DESIGNATIONS:Professional/Administrative Commercial ZONING: C-P NEIGHBORHOOD MEETING A neighborhood meeting is required for a quasi-judicial comp plan and zoning map amendment. NARRATIVE Include a narrative that responds to the applicable review criteria. Provide background and findings of fact as to why the comprehensive plan amendment and zoning map amendment are necessary, or what public benefit is being promoted. Note:The list of specific goals and standards below is intended to provide guidance in preparation of your application,and that additional criteria may be identified dependant upon the nature of the specific application,or as other issues are raised. This is not an exhaustive list of all criteria. It is the applicant's responsibility to ensure that all applicable standards are met. APPLICABLE CRITERIA Standards for making quasi-judicial decisions apply to the proposed zoning map amendment.A recommendation to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations (e.g. Goal#2,Land Use Planning; Goal#9, Economic Development; Goal#10 Housing; Goal#12,Transportation). 2. Demonstration of compliance with all applicable standards of any provision of the Tigard Development Code or other applicable implementing ordinance (including but not limited to 18.380.020 Zoning Map and Text Amendments, 18.390.050/.060 Decision Making Procedures); and 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. In addition,the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1.The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2.Any federal or state statutes or regulations found applicable; 3.Any applicable ME1R0 regulations; 4.Any applicable comprehensive plan policies;and 5.Any applicable provisions of the City's implementing ordinances. APPLICATION REQUIREMENTS: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped,pre-addressed envelopes for all persons who are property owners of record as specified in Section 18.390.050C. e. Include an impact study.The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system,the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. f. Be accompanied by 18 copies of the narrative. PROCESS The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the application on the record as provided by Section 18.390, as a Type IV review. DECISION The decision timeline is generally about 4 months from receipt of a complete application. The 120-day rule is not applicable to legislative changes. COMMENTS With respect to the applicant's preference for a text amendment to allow schools in the C-P zone,the Planning Director has determined that text amendments, as a Type IV Legislative procedure will not be processed for quasi-judicial actions and should not be initiated by the public but reserved for City initiation. 2 The applicant requested guidance on which zone the City would support to accommodate schools at the subject location. The City would support the MUE zone for the site for the following reasons: 1) the zone allows schools as a conditional use,2) the zone continues to allow religious institutions outright, 3) the zone allows residential use with a maximum density of 25 units/acre,consistent with the adjacent R-25 zone,4) the zone allows for a greater mix of uses than C-P, consistent with Pacific Hwy High Capacity Transit Corridor Planning, and 5) the code anticipates application of the zone elsewhere in the city through the legislative process. 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QO0)m 0 0 cw 8 4 b a ',' I• n a `4i m fN 'm x,, `F 1=10 10 IIIIF { rr, �., I"21Zni ~ -Rel mIa4 A \ 1 " { { Fm � ) 8 '. $ 11 , rD ! .c> mo . °tirn o N < W< '�oof a ykc - -1 os�Qorrn-CN �dLL T - }` m n, n, " -*S 9Ca5 x m rn..<' N Jcri CTz 1 boo rku OD all ,� 11 f APPENDIX C TRANSPORTATION PLANNING RULE ANALYSIS icy ll. 00PROp c *AGIN%�,�` 'D 54983FIE February 10,20l] OREIGO N �' to.Ole z®® p LANCASTER ENGINEERING AEIJW• Karl Sonnenberg,Board Memblen EXPIRES 121131/ 321 SW 41h Ave.,Suite 400 Westside Christian High School Flcrtlanc,OR 97204 4565 Carman Drive phoax:4IC34a.9211 3 fax:JC31.24a.9291 Lake Oswego,CR 97035 lencasteiencineeirinE.com RE: 71!gard Site Zone Change: Transportation Planning Ruk Analysis Dear Karl, Tlhlis lettere is intended to describe the potential traffic impacts of a proposed rezone in Tiigard, Oregon. T1hle site is located at 200 SW Pfaffle Street, in the northeast quadrant of the Highway 217 interchange with Highway 99W and consists of 7.44 acres zoned C-P (Professional/Administrative Commercial). Under' the proposed zone change, the property] would be rezoned to MUD (Mimed-Use Employment). This analysis will determine the difference in site trips that could be associated with the proposed zone change. It will also address the Transportation Planning Rlule (TPR) as it relates to the proposed zone change. The primary references for this letter ane the TILE Trip,Generation Manual, the City of Tiigard's Development Code, the City of Tigard's Transportation System Plan, and the T1PR as established by the Oregon Administrative Rules(OAR) 660-012-0060. Trip Generation hi order to determine the difference in site trips that could be associated with the proposed zone change,ani analysiis was undertaken of the maximum-density development that could reasonably]be achieMed one the subject property under the proposed MUE zoning designation. This level of development was compared to the lemell of development permitted under the existing site C-P zoning. Under the existing C-P zoning, the"reasonable worst case"development permitted on the sub'ect property per the City of Tiigard's Development Code would consist of a two-story medical- dental office bluilldvng. It is reasonable to think that the site could be developed with 25 percent lot coverage, resulting in a gross floor area of 162,000 square feet. Under the proposed MUD zoning,the "reasonable worst case"devtellopment would also consist of a two-story mediical-dental office building,however the maximum floor area ratio is limited to 0.40, resulting in ani allowable gross floor area of 129,C00 square feet. Tlo estimate the diifference in site trips that could be generated under the existing and proposed zoning desiignations,trip nates from the manual 71RIP GENERATION, Eighth Ddiltion,publlishled by the Karl Sonnenberg February 10,2011 Page 2 of 4 Institute of Transportation Engineers(ITE),were used. The trip rates used were from land-use code 720,Medical-Dental Office Building, and are based on the gross floor area. It is estimated that the decrease in allowable density associated with the proposed zone change would result in a net decrease of 76 trips during the morning peak hour and 115 trips during the evening peak hour. A summary of the trip generation calculations is shown in the following table. Detailed trip generation calculations are included in the technical appendix attached to this letter. TRIP GENERATION SUMMARY 8200 SW Pfaffle Street Rezone AM Peak Hour PM Peak Hour sf In I Out Total In I Out Total Existing (C-P)Zoning 162 294 79 373 151 410 561 Proposed (MUE)Zoning 129 234 63 297 121 325 446 Net Decrease in Site Trips 60 16 76 30 85 115 Transportation Planning Rule The primary test of the TPR is to determine if an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation will "significantly affect" an existing or planned transportation facility. The definition of significant affect is addressed in the following sections of this letter. OAR 660-012-0060 (1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility.A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); The proposed zone change will not change the functional classification of any existing or planned transportation facilities. (b) Change standards implementing a functional classification system; or The proposed zone change will not change the standards underlying the City's functional classification system. Karl Sonnenberg February 10,2011 Page 3 of 4 (c)As measured at the end of the planning period identified in the adopted transportation system plan: (A)Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; The property at 8200 SW Pfaffle Street will take access exclusively via SW Pfaffle Street, since direct access to Highway 99W is restricted. SW Pfaffle Street is classified by the City of Tigard as a Collector. According to the City of Tigard's Transportation System Plan, "Collector Streets provide both access and circulation within and between residential and commercial/industrial areas. Collectors differ from arterials in that they provide more of a citywide circulation function, do not require as extensive control of access (compared to arterials) and penetrate residential neighborhoods, distributing trips from the neighborhood and local street system." Based on this description, SW Pfaffle Street is functioning as intended. Since the proposed zone change will not result in an increase in site trips on the subject property, the proposed rezone will not require reclassification of SW Pfaffle Street or any other roadways in the site vicinity. (B)Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. As demonstrated in the trip generation analysis, the proposed rezone would result in a reduction in site trips when compared to existing allowed uses on the subject property. Therefore, development of the subject property with uses allowed under the proposed MUE zoning cannot reduce or worsen the performance of any existing or planned transportation facilities. Since the likely use of the subject property is not an outright permitted use, it is appropriate to establish a maximum level of development permissible on the subject property in order to ensure that the future conditional-use development will also not reduce or worsen the performance of any existing or planned transportation facilities. Accordingly, it is proposed that a trip cap be established on the subject property at the level permitted under the existing C-P zoning. The trip cap should allow a maximum of 373 site trips during the morning peak hour and 561 site trips during the evening peak hour. Karl Sonnenberg February 10, 2011 Page 4 of 4 Conclusions The proposed zone change is projected to result in a net decrease in site trips when compared tc allowed uses under the existing zoning. As such,the zone change will not have a significant affect an tole transportation sylstem as defined under Oregon's Transportation Planning Rule. In order to ensure that future potential development wiith a conditiionall]ly]-permitted private school would also not result in a significant affect as defined under Oregon's Transportation Planning Rlule, a trip cap is proposed for the subject property. Tlhle trip cap should limit any future use of the site to a maNiimum of 373 site trips during the morning peak hour and 561 site trips during the evening peak) hour. If you have any questions regarding this analysiis,please do not hlesitate to call. Yours truly, Michael Ard,PE Senior Transportation Bngineer APPENDIX 4 TRIP GENERATION CALCULATIONS Land Use: Medical-Dental Office Building Land Use Code: 720 Variable: 1,000 Sq Ft Gross Floor Area Variable Quantity: 162.0 AM PEAK HOUR PM PEAK HOUR Trip Rate: 2.30 Trip Rate: 3.46 Enter Exit Total Enter Exit Total Directional 79% 21% Directional 27% 73% Distribution Distribution Trip Ends 294 79 373 Trip Ends 151 410 561 WEEKDAY SATURDAY Trip Rate: 36.13 Trip Rate: 8.96 Enter Exit Total Enter Exit Total Directional 50% 50% Directional 50% 50% Distribution Distribution Trip Ends 2,927 2,927 5,854 Trip Ends 726 726 1,452 Source:TRIP GENERATION, Eighth Edition 4 TRIP GENERATION CALCULATIONS Land Use: Medical-Dental Office Building Land Use Code: 720 Variable: 1,000 Sq Ft Gross Floor Area Variable Quantity: 129.0 AM PEAK HOUR PM PEAK HOUR Trip Rate: 2.30 Trip Rate: 3.46 Enter Exit Total Enter Exit Total Directional 79% 21% Directional 27% 73% Distribution Distribution Trip Ends 234 63 297 Trip Ends 121 325 446 WEEKDAY SATURDAY Trip Rate: 36.13 Trip Rate: 8.96 Enter Exit Total Enter Exit Total Directional 50% 50% Directional 50% 50% Distribution Distribution Trip Ends 2,330 2,330 4,660 Trip Ends 578 578 1,156 Source:TRIP GENERATION, Eighth Edition Agenda Item: 5.1 Hearing Date:May 16,2011 Time: 7:00 PM STAFF REPORT TO THE .I PLANNING COMMISSION 01111 FOR THE CITY OF TIGARD, OREGON T I G A R I) 120 DAYS = NA SECTION I. APPLICATION SUMMARY FILE NAME: WESTSIDE CHRISTIAN HIGH SCHOOL FILE NOS.: Comprehensive Plan Amendment CPA2011-00001 Zone Change Amendment ZON2011-00001 PROPOSAL: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designation and Zoning Map Classification for a single 7.44-acre lot from Professional/Administrative Commercial (C-P) to Mixed-Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. If the request is approved, the applicant anticipates applying for a Conditional Use Permit and Site Development Review to redevelop the site and reuse the existing building. APPLICANT Andy Sears, Principal OWNER: City Bible Church Westside Christian High School 9200 NE Freemont Street 4565 Carman Drive Portland, OR 97220 Lake Oswego, OR 97035-2574 LOCATION: The property is located at 8200 SW Pfaffle Street The site is bounded by SW Pfaffle on the north, Hwy 217 on west, and Pacific Hwy on the south;Washington County Tax Assessor's Map 1S136CC Tax Lot 100. CURRENT ZONE/ COMP. PLAN DESIGNATION: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the -P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas. PROPOSED ZONE/ COMP. PLAN DESIGNATION: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 1 OF 17 transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intradistrict pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals: 1, Citizen Involvement; 2, Land Use Planning; 9, Economic Development; 10, Housing; 11, Public Facilities and Services; 12, Transportation; 13, Energy Conservation; Statewide Planning Goals 1, 2, 9, 10, 11, 12, and 13; and the Oregon State Transportation Planning Rule (TPR); SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change subject to the Findings in Section IV of this Staff Report and the following proposed condition of approval. CONDITION OF APPROVAL 1. The site shall be limited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Comprehensive Plan Amendment (CPA) with Transportation Planning Rule OAR 660-012-0060 analysis will be required to determine whether the limit can be revised or removed. The trip cap shall be implemented as a condition of approval on subsequent land use permits for proposed development and will be listed as a condition of approval in the ordinance adopting the zone change,if approved by the City Council. SECTION III. BACKGROUND INFORMATION Site History The subject 7.44 acre site is approximately 415 feet in width by 800 feet in length occupying a hill with a high elevation of approximately 245 feet and a low elevation of approximately 220 feet at both Pfaffle and Pacific Hwy. The site includes a filbert orchard and open lawn on the north with the existing building surrounded by parking at the center and high point of the property.Access is from SW Pfaffle. Staff reviewed the zoning history of the subject property utili?ing old zoning maps and city records. The 1983 Comprehensive Plan and Zoning Map and Al subsequent maps show the subject property designated Professional Commercial (C-P). The existing 38,000 single-story building was designed as a General Motors automotive training center that operated at the site until 2002. After being vacant for a number of years, the property was purchased by City Bible Church for its "217 Campus" satellite. The church planned a major renovation and expansion of the site in 2005 and received a Site Development Review permit (SDR2005-00010) to construct two new 35,000 square foot commercial office buildings,a 1,000-seat(41,000 sq. ft.) auditorium addition to the existing building, and 366 parking spaces. The church's entitlement has since expired. Except for a small pre-school program that operates weekday mornings, the church's activities are primarily Sunday-based. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 2 OF 17 Vicinity Information The site (see figure below) is bounded by SW Pfaffle on the north, Hwy 217 and multi-family residential development on west, commercial development on the east, and SW Pacific Hwy on the south. Initially the adjacent properties west and east were also zoned C-P, but have since been rezoned to Medium-High Density Residential (R-25) on the west and General Commercial (C-G) on the southeast. North of SW Pfaffle there is an established low density residential neighborhood served by five streets from SW 79th to SW 84th Avenues. SW 82nd Avenue is located directly across Pfaffle from the subject site which terminates in a cul-de-sac serving seventeen residences. This neighborhood would be affected by increased traffic to the subject site. Increased use of Pfaffle can be expected resulting from a recent closure of vehicular access from SW Pacific Hwy on the south. With Pfaffle providing sole access to the subject site, increased impact to the intersections with SW Hall to the west and SW Pacific Hwy to the east,would be expected. ^ LytCff LF4'T, .> THORN ST_ t!•'s'`,.` "1. w 1 1 THORN ST 1 Q I> 0 . ,.k:s,: imp.- ,t ,- rte ___STEVE _ N, _3T - 1 _ •.- ,:.a l� '. 1 r'- >> ; . i Pr M• .tF. FLE. --.. _.-'.. , fit. y1.10 I c� !-.,... e. 1101- . pia is fir' _ `/`� �� + . • k - • C—G_ (PO) t _ . 'i AT1AR'TA ST. .. MU-CB _ t Site Information and Proposal Description The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designation and Zoning Map Classification for a single 7.44-acre lot from Professional/Administrative Commercial (C-P) to Mixed Use Employment(MUE).The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. Schools would be allowed as a conditional use in the MUE zone. The applicant states that if a zone change is obtained for the site that permits the high school as a conditional use, Westside Christian High School (WCHS) proposes a major renovation of the existing building with two expansions: on the north side for additional classrooms (2,700 gsf) and in the southwest corner to provide a gymnasium, student commons and related facilities (20,000 gsf) (Phase 1). At a later date, WCHS hopes to add an auditorium in the southeast corner (13,600 gsf) (Phase 2). STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 3 OF 17 SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS TIGARD DEVELOPMENT CODE CHAPTER 18.380: 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in Subsection B below. A. The Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. The Council shall decide the applications on the record as provided by Section 18.390. The proposed zone change application to change the zoning on the subject site from C-P to MUE also involves a comprehensive plan map amendment from Professional Commercial to Mixed Use Employment. Therefore, the Planning Commission shall make a recommendation to Council on the proposed zone change application and comprehensive plan map amendment. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 18.380.030. B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations; APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES The City has an acknowledged Comprehensive Plan consistent with the statewide planning goals. Therefore, consistency with the applicable Comprehensive Plan goals and policies as addressed in this section of the staff report constitute consistency with the applicable statewide planning goals. The Transportation Planning Rule (TPR) OAR 660-012-0060 is applicable to this application and is addressed under the Transportation Goal,below. CITIZEN INVOLVEMENT Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on February 7, 2011 in accordance with the City of Tigard's neighborhood meeting notification process. According to the minutes of the neighborhood meeting contained in the record, 14 people attended. Discussion related primarily to expected traffic on SW Pfaffle and questions about the proposed school. In addition, the City mailed notice of the Planning Commission hearing to property owners within 500 feet of the subject site, interested citizens, and agencies, published notice of the hearing and posted the site pursuant to 1'DC 18.390.050 for Type III Procedures. These parties have the opportunity to attend the Planning Commission hearing and provide testimony. FINDING: As shown in the analysis above, the proposed comprehensive plan and zone change is consistent with the applicable Citizen Involvement Goal. LAND USE PLANNING Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC I-IE'iRING CPA2011-00001/IXESTSIDE CI-I:FtISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/' ESTSIDE CHRIS'I'L1N HIGH SCHOOL ZONE CHANGE PAGE 4 OF 17 Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Request for comments for the proposed zone change were sent to Department of Land Conservation and Development (DLCD), Metro, Washington County and Oregon Department of Transportation (ODOT). DLCD was provided the opportunity to comment and coordinate the application for the Post Acknowledgement Plan Amendment process per ORS 197.610. ODOT submitted comments on the proposal, which are included in their entirety under the Transportation Goal section, below. This policy is met. Policy 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. The 2040 Growth Concept, the region's 50-year land use plan adopted in 1995 by Metro,identifies centers for compact urban development. It also protects existing neighborhoods and natural areas within the urban growth boundary as well as farm and forestlands outside of the boundary. The plan calls for high capacity transit service to support the identified centers, and facilitate travel between housing and employment centers. The 2035 Regional Transportation Plan (RIP), along with the 2040 Growth Concept, emphasizes the need to coordinate land use decision-making and transportation investment. These policies direct future projects to be developed as multimodal transportation and land use planning efforts. State, Metro, and local policies and plans seek to promote the integration of land use transportation planning investment to promote dense, efficient,compact urban development in centers. The City of Tigard is currently engaged in a regional coordinated planning effort being referred to as the "Southwest Corridor Plan." The SW Corridor Plan is comprised of five separate plans. These include land use plans for the cities of Tigard, Tualatin, and Portland that are focused on identifying land uses to support future transit investments. In conjunction with these land use plans, Metro, mar, and TriMet are leading efforts specifically addressing ulti-modal transportation analyses, needs, and solutions. The TGM: Tigard.High Capacity Transit Corridor Land Use Plan (HCT Corridor Land Use Plan) will identify locations and land use characteristics for potential future high capacity transit (HCT) stations. The purpose of the HCT Corridor Land Use Plan is to help the Tigard community identify the best land use and development alternatives in a way that integrates transportation with land use planning, and supports Tigard's vision for the future.The HCT Corridor Land Use Plan is expected to be completed in 2012. One key principle and priority of the project is to inform current planning in Tigard to ensure that its land use designations and urban design principles will support future community, transit, and other transportation investments. Theroposed up-zoning of the subject site, located within the Southwest corridor on Pacific Hwy, from C-P to MUE is in keeping with this policy as well as the visions for nearby Downtown Tigard to the southwest and the Tigard Triangle to the southeast.This policy is met. Policy 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. The following excerpt from Table 18.520.1, Use Table: Commercial Zones shows a comparison of uses between the C-P and MUE zones where they differ. In sum, the proposed MUE zone permits a number of residential, civic, commercial, and industrial uses not currently permitted in the C-P zone. Where no residential or industrial uses are permitted in the C-P zone, the MUE permits multifamily residential (R- 25), light industrial, research and development, and some warehouse/freight movement. Civic uses are expanded in the MUE to include colleges, schools, and community recreation. Commercial uses such as commercial lodging, eating drinking establishments and sales oriented retail where limited to a percentage of permitted uses in the C-P, are permitted outright in the MUE. Only two uses, outdoor entertainment and heliports are permitted in the C P but not in the MUE. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 5 OF 17 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES (Excerpt) USE CATEGORY C-P MUE[2°J RESIDENTIAL Household Living R R121] CIVIC(INSTITUTIONAL) Colleges N C _Community Recreation N C Schools N C COMMERCIAL Commercial Lodging R[f4] P Eating and Drinking R[15) P Establishments Outdoor Entertainment R[151 N Sales-Oriented RUG] R[221 Personal Services P R[22] Repair-Oriented N R[22] Bulk Sales N R[22] Animal-Related N P Motor Vehicle N R[22] Servicing/Repair INDUSTRIAL Light Industrial N R[231 Research and Development N R[241 Warehouse/Freight Movement N R1241 OTHER Heliports C N P=Permitted R=Restricted C=Conditional Use N=Not Permitted [14] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. [15] As accessory to offices or other permitted uses,the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20%of the entire square footage within the development complex. [16] May not exceed 10%of the total square footage within an office complex. [20] All permitted and conditional uses subject to special development standards contained in Section18.520.050.C. [21] Multifamily residential,at 25 units/gross acre,allowed outright.Pre-existing detached and attached single-family dwellings are permitted outright. [22] New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. [23] All activities associated with this use,except employee and customer parking,shall be contained within buildings. [24] Permitted as 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. In addition, special limitations in the MUE zoning district (18.520.050.C) include: 1) a maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40, exempting residential use; and 2) on lots greater than three acres, general retail sales uses are limited to 30,000 square feet of gross leasable area plus one additional square foot of gross leasable area of general retail sales use for each additional four square feet of non-general retail sales use. The footnote restriction for certain commercial uses (note [22]) may not apply to the proposed zone change as the subject site is not located in either the Washington Square Regional Center or the Tigard Triangle. However, the 0.40 FAR limitation for all permitted MUE uses and the 30,000 square foot limitation for general retail use would apply to the subject site. Because these limitations do not apply to uses permitted in the C-P zone, some development types (applicant's medical office example) could result in less development potential under the MUE zone. Residential uses are not subject to the FAR limitation. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 6 OF 17 The city wishes to promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. Notwithstanding the more limited build out potential of the site under the proposed MUE zone, the greater variety of uses allowed (presumably of sufficient economic value underlying their application to the Tigard Triangle) will, in the case of this applicant, permit redevelopment of an underutilized development and site.This policy is met. Policy 7. The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: C. Mixed use; The subject site is suited to mixed use zoning because of its location on SW Pacific Highway, a High- Capacity Transit Corridor, proximity to Downtown Tigard and the Tigard Triangle, and adjacency to Highway 217. The proposed MUE zone permits a number of residential, civic, commercial, and industrial uses not currently permitted in the C-P zone. Where no residential or industrial uses are permitted in the C-P zone, the MUE permits multifamily residential (R-25), light industrial, research and development, and some warehouse/freight movement. Civic uses are expanded in the MUE to include colleges, schools,and community recreation. Commercial uses such as commercial lodging, eating drinking establishments and sales oriented retail where limited to a percentage of permitted uses in the C-P, are permitted outright in the MUE.This policy is met. Policy 12. The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: B. Land use compatibility; As shown in the excerpt from Table 18.520.1 above, additional uses would be permitted under the proposed comprehensive plan amendment and zone change request. Permitted uses under the new zone should be generally compatible with the existing uses in the area to approve the request. However, the goal speaks to tools that encourage land use compatibility for those uses otherwise allowed under the code. For example, the specific school use proposed for the subject site will be processed under a concurrent Conditional Use/Site Development Review. The conditional use review provides discretion by the hearings officer to adequately condition a proposal to be compatible with surrounding uses. This policy is met. E. Regulatory flexibility necessary for projects to adapt to site conditions. As noted above, the city has the opportunity to provide regulatory flexibility in the Conditional Use process that will apply to the specific use, a high school, proposed for the subject site, with additional flexibility provided by the process for Variances and Adjustments. This policy is met. Policy 14. Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan, and when necessary,those of the state and other agencies. As shown in the findings in this staff report, the applicant's submittal demonstrates consistency with applicable criteria and requirements of the Tigard Development Code, Comprehensive Plan, and state agencies.'This policy is met. Policy 15. In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 7 OF 17 In Chapter III of the applicant's submittal, the applicant included a preliminary impact analysis to demonstrate that the proposed new zoning district, MUE, and proposed conditional use, a high school, will not unduly tax the public infrastructure system for water, sanitary sewer and stormwater disposal. To address the transportation impacts, the applicant proposes a trip cap for the site to ensure the proposed re- zoning will not exceed existing or future roadway capacity. The proposed trip cap is supported by ODOT as evidenced in their comment letter included under the Transportation Goal section, below. A detailed impact analysis for all of these types of infrastructure would be provided in the subsequent concurrent Conditional Use/Site Development Review applications. This policy will be met. B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services. As noted above, the applicant requests that the city condition the approval of the requested re-zoning with a trip capthat does not exceed the total number of automobile trips associated with the most intense use, a mec tcal/dental office, allowed by right in the existing C-P zone. With a condition of approval implementing a trip cap on the subject site, this policy is met. C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing, public and community services, etc. in the particular location,versus other appropriately designated and developable properties; As shown above in Table 18.520.1, the proposed Mixed Use Plan Designation would allow a number of residential, civic, commercial, and industrial uses not currently permitted in the C-P zone. The subject site is located on Pacific Hwy which is a designated transit corridor and a route for High Capacity Transit in the future. Mixed use zones would support the intensity and density of development needed to support the enhanced transit use. This policy is met. D. Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation; As documented in the applicant's submittal in Chapter III pages 6-8, an alternatives analysis finds that there are no alternative vacant sites of adequate size, appropriate zoning, availability, and development readiness within the Tigard city limits to accommodate the proposed 400-student high school.The analysis evaluates 7 sites within the city limits between 3.7 and 12.5 acres in size. The applicant's suitability criteria included a site of at least 7.4 acres, available for sale or lease,and without major development constraints. As mentioned above, the proposed MUE zoning designation is more appropriate for the site in general given changes in surrounding areas and in keeping with the evolving vision for this portion of Tigard, including SW Pacific Highway as a High-Capacity Transit Corridor and redevelopment envisioned for Downtown Tigard and the Tigard Triangle to the west and east of the site,respectively. This policy is met. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled. The subject site does not include any overlay districts at present. Subsequent Conditional Use and/or Site Development Reviews would ensure development would comply with all applicable development code regulations.This policy can be met. F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible,with environmental conditions and surrounding land uses. The subject site is high ground in Tigard and does not contain any sensitive lands. Surrounding land uses include low and medium residential,retail, office,and motor vehicle fuel sales. The range of uses permitted in the MUE zone would require Conditional Use and/or Site Development Review to ensure development would comply with all applicable development code regulations.This policy can be met. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 8 OF 17 G. Demonstration that the amendment does not detract from the viability of the City's natural systems. The subject site is high ground in Tigard and does not contain any sensitive lands.This policy is met. Policy 16. The City may condition the approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design /development requirements. The applicant has proposed, and ODOT has recommended a condition, to comply with the Transportation Planning Rule by implementing a trip cap to ensure development allowed under the MUE zone does not contribute any more trips to the surrounding transportation facilities than is already allowed under the C-P zone. Given approval of the zone change, the applicant has stated they will apply for a conditional use permit to develop the specific school use on the site. Under this policy, the Planning Commission could recommend and City Council could approve a definite land use, such as the proposed school use, and specific design/development requirements, such as the proposed trip cap, and/or other uses or requirements for development if they determine through the hearings process that it would be appropriate to the site and adjacent development. Policy17. The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map( ) and for development plan approval of a specific land use. Concurrent review is allowed but would occur subject the developer's risk in applying for concurrent review. The applicant represented that they would apply sequentially to avoid the risk of losing substantial investment in specific land use reviews with the possibility of denial of the zone change. This policy is met. FINDING: As shown in the analysis above, the applicable Land Use goals and policies have been met. The Planning Commission could recommend and City Council could approve a definite land use and specific design/development requirements if they determine through the hearings process that it would be appropriate to the site and adjacent development. ECONOMIC DEVELOPMENT Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 2. The City shall actively encourage businesses that provide family-wage jobs to start up, expand, or locate in Tigard. As indicated in the applicant's submittal, when it relocates to Tigard from Lake Oswego,WCHS will have a combined faculty/staff of 38 full- and part-time employees, which will increase to 40 when the school reaches its maximum size of 400 students. As most of these employees are teachers and administrators, these jobs command family wages and full benefits. Recommendation by the Commission and approval by Council of the proposed zone change and comprehensive plan amendment would actively encourage WCHS to locate in Tigard, consistent with this policy. Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The applicant proposes a change in the zoning of the subject site to allow a school use. The standards in TDC 18.380 provide for amendments to the comprehensive plan and zoning map. Provided the standards for a zone change and map amendment can be met, and the required infrastructure is available as indicated in the transportation findings below, the school use may be accommodated, thereby promoting the anticipated development allowed by the comprehensive plan and zoning map amendment. This policy is met. Policy 5. The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 9 OF 17 The subject site is significantly under-utilized. The proposed re-zoning from C-P to MUE will permit the relocation of WCHS from Lake Oswego to Tigard. As noted above, the school plans to renovate the existing facilities extensively, expand the building footprint and make other site improvements including the landscaping of existing parking lots and creation of outdoor sports facilities. As a result, the use of the site will be extended throughout the work week in addition to the part-time use of the site by City Bible Church, which will remain a weekend tenant. The rezone and comprehensive plan amendment would facilitate redevelopment of underutilized commercial land, consistent with this policy. Policy 12. The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. The proposed MUE zone includes a full range of civic and institutional uses, including schools, which makes an important contribution to the community's livability. By approving the proposed re-zoning, the city will facilitate several things: 1) permit the re-use of an archaic building with few options for alternative use; 2) increase the intensity of use of an under-utilized site in a critical location; 3) upgrade the facility by adding additional landscaping and outdoor sports facilities; 4) provide additional potential transit riders among students, staff and faculty. This policy is met. Goal 9.3: Make Tigard a prosperous and desirable place to live and do business. Policy 1. The City shall focus a significant portion of future employment growth and high-density housing development in its Metro-designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. The subject site lies on the SW Pacific Highway Corridor between downtown Tigard to the west and Tigard Triangle to the east. By approving the proposed re-zoning request, the city will permit this partially- vacant, under-utilized site to redevelop. As noted above, the applicant states that the proposed high school will bring 38 new professional, family-wage jobs into Tigard,which will expand to as many as 40 such jobs when the school grows to its maximum student body of 400. This policy is met. Policy 3. The City shall commit to improving and maintaining the quality of community life (public safety, education, transportation, community design, housing, parks and recreation, etc.) to promote a vibrant and sustainable economy. As noted in the policy statement, educational facilities contribute to the quality of community life. The proposed re-zoning will permit the subject site, which is partially vacant and significantly under-utilized, to be redeveloped for a high school with up to 400 students and 40 faculty/staff,in support of this policy. FINDING: As show in the analysis above, the applicable Economic Development goals and policies have been met. HOUSING Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Policy 5. The City shall provide for high and medium density housing in the areas such as town centers(Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future (SW Pacific Hwy). Although the purpose of this quasi-judicial request is to re-zone the subject site to allow its redevelopment for a high school, the proposed zoning designation, MUE, does permit housing at 25 units/acre, considered "medium high-density" in the city's Development Code, as an outright use. Should the high school close or be relocated, the site could redevelop to include housing, most likely in a mixed-use configuration with the vertical or horizontal mix of residential and nonresidential uses. Thus, re-zoning expands future housing options on the site, something that the current C-P zone does not permit. The allowed density in the MUE zone of 25 units/acre is consistent with the R-25 zoning immediately to the west. This policy is met. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESISIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 10 OF 17 Goal 10.2: Maintain a high level of residential livability. Policy 3. The City shall commit to improving and maintaining the quality of community life public safety, education, transportation, community design; a strong economy, parks and recreation, etc.) as the basis for sustaining a high-quality residential environment. As noted above, educational facilities are considered an important contribution to the community's quality of life and social fabric. Approving this request to re-zone the subject site from C-P, where schools are prohibited, to MUE, where schools are permitted conditionally, facilitates the redevelopment of the subject site for a 400-student high school. This policy is met. Policy 7. The City shall insure that residential densities are appropriately related to locational characteristics and site conditions such as the presence of natural hazards and natural resources, availability of public facilities and services, and existing land use patterns. The proposed MUE zoning designation allows housing at a density of 25 units/acre by right. This is the appropriate density given that the apartment complex immediately to the west of the subject site is zoned R-25, the equivalent residential zone to MUE. At the same time, the MUE designation recognizes the subject site's critical location on SW Pacific Highway, a designated High-Capacity Transit Corridor, at the juncture of Highway 217 and between downtown Tigard and the Tigard Triangle. The zoning adjacent to the site to the south, east and west include C-G, MU-CBD and MUE, reflecting the city's intent to transition the area to a broader mix of uses at higher densities/intensities. This policy is met. Policy 8. The City shall require measures to mitigate the adverse impacts from differing, or more intense, land uses on residential living environments, such as: A. Orderly transitions from one residential density to another. The proposed MUE zoning designation features the same maximum density, 25 units/acre, as the apartment complex immediately to the west. This policy is met. FINDING: As shown in the analysis above, the applicable Housing goals and policies have been met. PUBLIC FACILITIES Goal 11.4: Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. FINDING: The applicant has demonstrated through their alternatives analysis that the proposed MUE zone is needed to locate their school in the City of Tigard. To ensure maintenance of adequate transportation facilities for the proposed MUE zone the applicant has requested a trip cap be a condition of approval. ODOT and the city Development Review Engineer concur that the rezone conditioned by a trip cap would result in no significant effect on the transportation system as defined under Oregon's Transportation Planning Rule (see findings under Transportation Goal, below). This Goal is met. TRANSPORTATION Goal 12.1: Develop mutually supportive land use and transportation plans to enhance the livability of the community. Policy 5. The City shall develop plans for major transportation corridors and provide appropriate land uses in and adjacent to those corridors. The proposed rezoning from C-P to MUE would permit more intensive uses in close proximity to SW Pacific Hwy, an existing transit way. Expansion of this corridor to include High Capacity Transit (HCT), through planning processes currently underway, suggest that increased density and intensity of uses should apply to the subject site. Approval of the proposed zone change would provide appropriate land uses adjacent to the Pacific Hwy corridor. This Goal is met. STAFF REPORT TO TI-IE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/X ESTSIDE CHRISTIAN HIGH SCHOOL COMPREI-IENSI\T PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 11 OF 17 Goal 12.5: Coordinate planning, development, operation, and maintenance of the transportation system with appropriate agencies. The Oregon Department of Transportation (ODOT) submitted the following comment letter dated April 26, 2011 (Attachment#4) for the proposed comprehensive plan amendment and zone change: We have reviewed the applicant's proposal to change the classification of a 7.44 acre lot from Professional/Administrative Commercial (C-P) to Mixed-Use Employment (MUE). The site is adjacent to 99W and Highway 217. ODOT has jurisdiction of these State highway facilities and an interest in assuring that the proposed zone change/comprehensive plan amendment is consistent with the identified function, capacity and performance standard of these facilities. For zone changes and comprehensive plan amendments, local governments must make a• finding that the proposed amendment complies with the Transportation Planning Rule (1'PR), OAR 660-012-0060. There must be substantial evidence in the record to either make a finding of"no significant effect" on the transportation system, or if there is a significant effect, require assurance that the land uses to be allowed are consistent with the identified function, capacity, and performance standard of the transportation facility. After reviewing the applicant's proposal and associated TPR Analysis prepared by Lancaster Engineering dated February 10, 2011, we have determined that while the zone change has the potential to have a significant effect on the transportation system, the applicant's proposed trip cap can accommodate the trips generated by the intended school use and allow the city to make a finding of no significant effect. The applicant's TPR analysis shows a comparison between a Medical/Dental office allowed outright under the proposed zoning/comp plan designation with a larger Medical/Dental office allowed outright under the existing zoning/comprehensive plan designation (this is commonly referred to as the "reasonable worst case" traffic analysis). ODOT did not have the opportunity to review and concur with the mix of land uses and square footage used for the "reasonable worst case" traffic analysis for both existing and proposed zoning. Although the flexibility inherent in the MUE district makes determining a reasonable worst case mix of uses difficult, after consulting with city staff, ODOT has determined that the MUE zoning allows a broad range of uses (particularly retail and eating and drinking establishments) that could reasonably generate more trips than the existing zoning. In addition, the FAR and maximum retail use restrictions on the MUE zone are not sufficient to determine that there will not be a significant effect when compared to the restrictions on the C-P zone. Nevertheless, ODOT and the city concur with the applicant's proposal to limit the trips allowed under the proposed zoning to the amount generated by a Medical/Dental office building as allowed under the existing zoning. This trip cap can accommodate the intended conditional school use while placing a reasonable limit on trip generation for allowed uses should this parcel redevelop in the future. In order to ensure that the zone change will not result in a significant effect upon State facilities, ODOT requests that the City of Tigard condition a trip cap to be placed on the zone change: A condition of this zone change is that the site is limited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Plan Amendment with Transportation Planning Rule OAR 660-012-0060 analysis will be required to determine whether the limit can be revised or removed. It is important that any proposal to allow more trips be addressed in the Plan Amendment process and will trigger a new evaluation of TPR compatibility at that time to determine whether or not the new proposal will have a significant effect on State highway facilities and the limit can be revised or removed. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 12 OF 17 ODOT is supportive of the city's efforts to implement transit supportive zoning in this corridor. Based on this proposal as well as the previous Knoll development, ODOT recommends that the city review their mixed use zones to ensure that land use implementation is reflective of the city's vision. In the current case, while there are some restrictions on the MUE zone, we encourage the city to consider additional measures such as limiting drive-through uses, parking maximums, and more clarification of the type of retail intended for this zone. The Knoll zone change showed that the MUR-1 zone allows development density far greater than the approved 49 unit apartment complex and could generate significantly more trips than the 300 daily trips assumed. Both cases show that trip generation under the mixed use zones is difficult to dtermine and neither zone change has been proposed with a mixed use development in mind. ODOT will continue to work with the city and Metro to refine the code in the HCT corridor and Town Center. Note: The applicant's preliminary site plan shows an emergency access directly across from the highway 217 ramp terminal. No access can be approved in this vicinity due to safety concerns and state rules (OAR 734.51). As identified in the ODOT comment letter and concurred on by the city Development Review Engineer, limiting trip generation to that allowed under the existing C-P zone,as shown in the Lancaster Engineering analysis dated February 10, 2011 (373 a.m. peak hour trips and 561 p.m. peak hour trips), would avoid a significant effect finding. Approval of the proposed code amendment would comply with the Transportation Planning Rule, OAR 660-012-0060. The city's request for comment, staff consultation between ODOT and the city, and incorporation of ODOT comments and recommendations within the staff report to the Planning Commission constitute a coordinated approach to planning, development, operation,and maintenance of the transportation system with appropriate agencies. This goal is met. FINDING: As shown in the analysis above, with the requirement of the following condition of approval,the applicable Transportation goals and policies are met. CONDITION: The site shall be limited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Plan Amendment with Transportation Planning Rule OAR 660-012-0060 analysis will be required to determine whether the limit can be revised or removed. This condition shall be a condition of any land use decision on the subject property. ENERGY Goal 13.1: Reduce energy consumption. Policy 1. The City shall promote the reduction of energy consumption associated with vehicle miles traveled through: A. Land use patterns that reduce dependency on the automobile. Up-zoning the subject site from C-P to MUE per this request will permit a broader range of land uses, if not more potential intensity, due to the FAR limitation of the zone. The potential mix of uses can facilitate intradistrict pedestrian and transit trips and support alternative modes of transportation. The proposal to redevelop the site for a 400-student high school will intensify the use of this under-utilized site and potentially increase use of transit. However, the full benefits of the MUE zone may not be realized until the site included a mix of uses. This policy is met. B. Public transit that is reliable, connected, and efficient. The SW Pacific Highway Corridor already is well-served by bus transit and will be even better served if the corridor is selected for the extension of Light Rail Transit (LRT). The -proposed up-zoning of the site will provide a significant number of potential transit riders to support tie maintenance and expansion of transit service.This policy is met. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 13 OF 17 FINDING: As shown in the analysis above, the applicable Energy goals and policies are met. FINDING: Pursuant to 18.380.030. B.1, and as shown in the analysis above, the proposed zone change and comprehensive plan map amendment comply with, or have been conditioned to comply with, all applicable comprehensive plan goals and policies. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and Note: During review for this staff report, staff discovered several errors in the code and inconsistencies between the zone descriptions for the C-P and MUE zones and the Use Tables 18.510.1 (Residential) and 18.520.1 (Commercial). A finding is provided here to address those inconsistencies pertaining to the subject request: 1) Table 18.510.1 Use Table, Residential Zoning Districts, erroneously carries a footnote [13], which correctly applies to "Major Event Entertainment"but not to "Schools." 2) The List of Zoning Districts (18.520.020) includes zone descriptions for each zone. The description for C-P includes outdated language referring to residential use on Triangle properties zoned C-P prior to the change to MUE in 1997(Ord. 97-02). The Use Table 18.520.1 shows "R" under C-P for 'Household Living"when it should be changed to "N". There is no residential use permitted in the C-P zone. 3) The description for the MUE zone includes "religious institutions" as a conditional use, "C". However, the Use Table 18.520.1 shows that use as permitted, "P". Ordinance 09-13 amended Table 18.520.1, but did not amend the description, resulting in the inconsistency. Therefore, in this case the Table governs. "Religious institutions" are permitted outright in the MUE zone. To address needed changes to the code to correct these inconsistencies an item has been added to the Development Code Database to flag review under the Regulatory Improvement Initiative. For the purposes of the proposed comprehensive plan amendment and zone change, the applicant has satisfactorily addressed the applicable Sections of Chapter 18.380, Zoning Map and Text Amendments, of the Tigard Development Code. The standards of Chapter 18.390.050 for Type III-PC procedures are applicable to this proposal, as identified in18.380.030.The applicant has submitted an Impact Statement as required under 18.390.050.B.e. Potential impacts to the transportation system have been addressed under the Transportation goal,above. The proposed comprehensive plan amendment and zone change do not include a specific development proposal at this time. However,the applicant states that if a zone change is obtained for the site that permits the liigh school as a conditional use, Westside Christian High School (WCHS) proposes a major renovation of the existing building with two expansions: on the north side for additional classrooms (2,700 gsf) and in the southwest corner to provide ay asium, student commons and related facilities (20,000 gsf) (Phase 1). At a later date, WCHS hopes to add an auditorium in the southeast corner (13,600 gsf) (Phase 2). See Figure II-5 in the applicant's submittal (Attachment #3) for a proposed development site plan. Any proposed development must meet all of the applicable Tigard Development Code standards in effect at the time an application is submitted. FINDING: As shown in the analysis above, the proposed comprehensive map and zone change amendment is consistent with the applicable standards of the Tigard Development Code. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 14 OF 17 As the applicant points out, since the last Comprehensive Plan Map was adopted, the segment of SW Pacific Highway on which the subject site is located has been designated in the Metro 2040 Growth Management Plan Concept as a "Corridor" design type and in the Regional Transportation Plan (RTP) as a "High-Capacity Transit Corridor". In addition,Metro has designated the corridor as the next priority for the extension of light rail transit (LRT) from downtown Portland to Sherwood. Although detailed land use and transportation planning for the corridor is just beginning, the city envisions up-zoning of sites along the corridor to increase the mix of uses,including residential, retail, office,industrial,institutional and civic activities, and development density/intensity to support transit. Significant redevelopment of Downtown Tigard as a Metro-designated "Town Center", and likely extension of that designation to include the Tigard Triangle,is planned. Together, these planning actions represent change in the neighborhood of the subject site and the community. FINDING: The proposal demonstrates that there is evidence of change in the neighborhood and community. Long-range planning for the neighborhood of the subject site is toward higher density and an increase in mixed use. The proposed rezone would be consistent with this direction as the MUE zone permits a wider range of civic, commercial, and industrial uses and introduces residential use (Medium-High Density) not permitted in the existing C-P zone. The proposal is consistent with this standard for zone changes. 18.380.030.0 Conditions of approval. A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by Section 18.390.050. A legislative decision may be approved or denied. FINDING: The land use action requested is quasi-judicial as it is limited to a specific parcel and does not apply generally across the city. Therefore, the Planning Commission recommendation to Council may be for denial, approval, or approval with conditions. SECTION V. OUTSIDE AGENCY AND ADDITIONAL CITY STAFF COMMENTS ODOT, Metro, LCDC, and Washington County were notified and requested to comment on the subject proposal. Of these agencies, only ODOT provided comment. Oregon Department of Transportation (ODOT) commented on the proposal, whose comments are included under the Transportation goal section of this staff report. Clean Water Services (CWS) processed a Sensitive Area Pre-Screening Assessment (File No. 11-000250) stating that the proposal does not meet the definition of development. An earlier CWS Assessment (05- 004310) indicated that sensitive areas do not appear to exist on site or within 200 feet of the site. The City of Tigard's Development Review Engineer reviewed the proposal and provided information, which is included in the findings for the Transportation section of the staff report. SECTION VI. STAFF ANALYSIS, CONCLUSION,AND RECOMMENDATION ANALYSIS: Zone Change Request The applicant has requested a zone change on the subject site in order to permit a school use not permitted under the current C-P zone. The applicant's alternative analysis showed few options suitable for locating the Westside Christian High School (WCHS) that offered vacant sites of adequate size, appropriate zoning, availability, and development readiness within the Tigard city limits to accommodate the proposed 400-student high school. The analysis evaluates 7 sites within the city limits between 3.7 and 12.5 acres in size. The applicant's suitability criteria included a site of at least 7.4 acres, available for sale or lease, and without major development constraints. The subject site meets the applicant's suitability criteria,provided a zone change can be approved. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 15 OF 17 Land Use Zone Analysis Schools are conditionally permitted in all residential and mixed use zones and are permitted outright in the MU-CBD zone. Given the characteristics of the zone and circumstances of the subject site, staff believes the MUE zone would be the most applicable zone to allow the school use and to address long range land use and transportation planning: 1) The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle. At the time the Tigard Triangle District was adopted, the MUE zoned lands were zoned C-P. The subject site is located adjacent to one of the three boundary roads that make up the Triangle. Unlike other mixed use zones, the code's MUE description explicitly anticipates the application of the MUE zone "elsewhere in the city through the legislative process.' 2) The MUE zone is compatible with adjacent uses. The adjacent zones include Medium-High Density Residential (R-25) on the west, General Commercial (C-G) on the southeast and Professional Commercial (C-P) on the northeast. Low Density Residential (R-4.5) is across SW Pfaffle Street to the north. The adjacent properties are built out with multifamily housing on the west and commercial and office uses on the east. The MUE zone permits multifamily residential at 25 units/acre consistent with residential densities to the west. The MUE permits a range of other uses not permitted in the C-P including: light industrial and research and development (restricted to interior locations) and some warehouse/freight movement; civic uses are expanded in the MUE to include colleges, schools, and community recreation; commercial uses such as commercial lodging, eating drinking establishments and sales oriented retail (where limited to a percentage of permitted uses in the C-P) are permitted outright in the MUE. Mixed use development is difficult to predict both in terms of how uses might be mixed and which uses would be mixed. Complicating factors for development include the high visibility of the site's hilltop location to Pacific Hwy and Hwy. 217 but access to the site from Pfaffle only. Reuse or redevelopment of the existing development on the site is both an opportunity (for the applicant) and potentially a limitation to development of mixed uses on the site,at least in the near term. 3) The Pacific Hwy High Capacity Corridor Planning process is designed to integrate land use planning and transportation/transit planning. This proposed rezone comes in advance of any recommendations that may result from the HC process and plan for rezoning along the corridor, and this site in particular. However, it is likely that mixed use zoning will be applicable to the site given the potential for mixed uses to facilitate intradistrict pedestrian and transit trips and support alternative modes of transportation. 4) Other mixed use zones are geographically specific or are less compatible to the site: MU-CBD applies to the Tigard Town Center which terminates west of Hwy 217; MUC-1 applies to the Durham Quarry area; MUE-1/MUE-2, MUR-1/MUR-2, and MUC are tied to the Washington Square Regional Center and are subject to the Center's development standards. There is no prohibition in the code to prevent the more appropriate of these zones (arguably MUR-2) being applied to the subject site, but they lack the MUE zone's explicit direction for"application elsewhere in the city." 5) The applicant hopes to keep City Bible Church as a tenant on sale of the property. The MUE zone continues to permit religious institutions outright. Transportation Planning Rule ODOT is supportive of the city's efforts to implement transit supportive zoning in this corridor. As identified in the ODOT comment letter and concurred on by the city Development Review Engineer, limiting trip generation (as proposed by the applicant) to that allowed under the existing C-P zone, as shown in the Lancaster Engineering analysis dated February 10, 2011 (373 a.m. peak hour trips and 561 p.m. peak hour trips),would avoid a significant effect finding. STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 16 OF 17 Outstanding Issues Currently, application of the MUE zone carries with it the 1) 0.40 FAR limitations for commercial and industrial use types and 2) the 30,000 square foot limitation for general retail use. Because these limitations do not apply to uses permitted in the C-P zone, some commercial uses could result in less development potential under the MUE zone. Residential uses are not subject to the FAR limitation. The limit on intensity of uses within the Southwest Corridor Study Area is under review and may. be adjusted at some point in the years ahead based on a number of factors including revised mobility standards for the corridor. Also, new zoning for station area plans may not use the MUE zone and avoid any potential conflict. ODOT commented that recent mixed use zone changes have not had mixed uses in mind in the case of the Knoll apartments and WCHS and asks that the city review the mixed use zones to ensure that land use implementation is reflective of the city's vision. Additionally, ODOT suggests the city consider additional measures such as limiting drive-through uses, parking maximums, and more clarification of the type of retail intended for this zone. The applicant'sreliminary site plan shows an emergency access directly across from the Highway 217 ramp terminal. ODOT has commented that no access can be approved in this vicinity due to safety concerns and state rules (OAR 734.51). CONCLUSION: Based on the foregoing findings and analysis, staff finds that the proposed comprehensive plan map and zone change amendments are consistent with applicable provisions of the Tigard Comprehensive Plan, Tigard Development Code, statewide planning goals and the Transportation Panning Rule, and provides evidence of change in the neighborhood as it relates to the property which is the subject of the development application. RECOMMENDATION: Staff recommends that the Planning Commission recommend to City Council approval of the proposed comprehensive plan map and zone change amendments with the following condition of approval and any others they deem appropriate through the public hearing process: Recommended Condition of Approval The site shall be limited to a maximum of 373 a.m. eak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Comprehensive Plan Amendment (CPA) with Transportation Planning Rule OAR 660-012-0060 analysis will be required to determine whether the limit can be revised or removed. The trip cap shall be implemented as a condition of approval on subsequent land use permits for proposed development and will be listed as a condition of approval in the ordinance adopting the zone change,if a.proved by the City Council. e May 5,2011 PREPARED Gary Pagenstecher Gary Associate Planner MayP/624'41,Wi Vaft,t,4J/, 5, 2011 APPROVED BY: Ron Bunch ATE Community Development Director Exhibits A. Vicinity Map B. Current Zoning Map C. Preliminary Site Plan D. 4/26/11 Letter from ODOT STAFF REPORT TO THE PLANNING COMMISSION -MAY 16,2011 PUBLIC HEARING CPA2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL COMPREHENSIVE PLAN AMENDMENT ZON2011-00001/WESTSIDE CHRISTIAN HIGH SCHOOL ZONE CHANGE PAGE 17 OF 17 EXHIBIT A FIGURE 11-1 VICINITY MAP 2 -.77 q- r Q Q < 1 h VY A} LJ I ? a SW Spruce St •W Smug St SW Spruce St *. I v SWThomSt 9 — SYY rtvom St 5'M'cu Ae::t to = . -.. 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EXHIBIT D ° Department of Transportation fq/ i` OregOn Region 1 Headquarters .9,fr ` 123 NW Flanders Street �� Portland,OR 97209 (503)731.8200 ' 'v John A.Kitzhaber,NID,Governor FAX(503)731.8531 4/26/11 City of Tigard Planning Division 13125 SW Hall Blvd Tigard, OR 97223 ATTN: Gary Pagenstecher, Associate Planner RE: CPA2011-00001/ZON2011-00001: Pacific Highway (99W) and Highway 217 We have reviewed the applicant's proposal to change the classification of a 7.44 acre lot from Professional/Administrative Commercial (C-P) to Mixed-Use Employment (MUE). The site is adjacent to 99W and Highway 217. ODOT has jurisdiction of these State highway facilities and an interest in assuring that the proposed zone change/comprehensive plan amendment is consistent with the identified function, capacity and performance standard of these facilities. For zone changes and com prehensive plan amendments, local governments must make a finding that the proposed amendment complies with the Transportation Planning Rule (TPR), OAR 660- 012-0060. There must be substantial evidence in the record to either make a finding of"no significant effect"on the transportation system, or if there is a significant effect, require assurance that the land uses to be allowed are consistent with the identified function, capacity, and performance standard of the transportation facility. After reviewing the applicant's proposal and associated TPR Analysis prepared by Lancaster Engineering dated February 10, 2011, we have determined that while the zone change has the potential to have a si gnificant effect on the transportation system, the applicant's proposed trip cap can accommodate the trips generated by the intended school use and allow the City to make a finding of no significant effect. The applicant's TPR analysis shows a comparison between a Medical/Dental office allowed outright under the proposed zoning/comp plan designation with a larger Medical/Dental office allowed outright under the existing zoning/comprehensive plan designation (this is commonly referred to as the "reasonable worst case"traffic analysis). ODOT did not have the opportunity to review and concur with the mix of land uses and square footage used for the"reasonable worst case"traffic analysis for both existing and proposed zoning. Although the flexibility inherent in the MUE district makes determining a reasonable worst case mix of uses difficult, after consulting with City staff, ODOT has determined that the MU E zoning allows a broad range of uses (particularly retail and eating and d rinking establishments)that could reasonably generate more trips than the existing zoning. In addition, the FAR and maximum retail use restrictions on the MUE zone are not sufficient to determine that there will not be a significant effect when compared to the restrict ions on the C-P zone. Nevertheless, ODOT and the City concur with the applicant's proposal to lim it the trips allowed under the proposed zoning to the amount generated by a Medical/Dental office building as allowed under the existing zoning. This trip cap can accommodate the intended conditional school use while placing a reasonable limit on trip generation for allowed uses should this parcel redevelop in the future. In order to ensure that the zone change will not result in a significant effect upon State facilities, ODOT requests that the City of Tigard condition a trip cap to be placed on the zone change: A condition of this zone change is that the site is I imited to a maximum of 373 a.m. peak hour trips and 561 p.m. peak hour trips. If the applicant or future property owners wish to allow for more trips, a Plan Amendment with Transportation Planning Rule OAR 660- 012-0060 analysis will be required to determine whether the limit can be revised or removed. It is important that any proposal to allow more trips be addressed in the Plan Amendment process and will trigger a new evaluation of TPR compatibility at that time to determine whether or not the new proposal will have a significant effect on State highway facilities and the limit can be revised or removed. ODOT is supportive of the City's efforts to implement transit supportive zoning in this corridor. Based on this proposal as well as the previous Knoll development, ODOT recommends that the City review their mixed use zones to ensure that land use implementation is reflective of the City's vision. In the current case, while there are some restrictions on the MUE zone, we encourage the City to consider additional measures such as limiting drive-through uses, parking maximums, and more clarification of the type of retail intended for this zone. The Knoll zone change showed that the MUR-1 zone allows development density far greater than the approved 49 unit apartment complex and could generate significantly more trips than the 300 daily trips assumed. Both cases show that trip generation under the mixed use zones is difficult to determine and neither zone change has been proposed with a mixed use development in mind. ODOT will continue to work with the City and Metro to refine the code in the HCT corridor and Town Center. Note: The applicant's preliminary site plan shows an emergency access directly across from the highway 217 ramp terminal. No access can be approved in this vicinity due to safety concerns and state rules (OAR 734.51). Thank you for providing ODOT the opportunity to participate in this land use review. If you have any further questions regarding this matter, please contact me at 503-731-8234. Sincerely, Seth Brumley Development Review Planner C: Kirsten Pennington, ODOT Region 1 Planning Manager Marah Danielson, ODOT Region 1 Planning Doug Baumgartner, ODOT Region 1 Traffic PLEASE SIGN IN HEREril �r Tigard Planning CommissionTIGARD Agenda Item # 5 Page \ of Date of Hearing 5 `KO — ( I Case Number(s) 0 ( -01000 i / ZcN Loc \ 0000 Case Name X L tE S � C�f �an � � cC kc,z Location ? 7J)0 SUS If you would like to speak on this item, please CLEARLY PRINT your name, address, and zip code below: Proponent (FOR the proposal): Opponent (AGAINST the proposal):: Name: too pief,CpAity� Name: Address: ¶tl a Shy -c4c t f. S f Address: City, State, Zip: '�ipvGQ Q-(j_ City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State,Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: CITY OF TIGARD PLANNING COMMISSION Meeting Minutes May 16, 2011 CALL TO ORDER President Walsh called the meeting to order at 7:01 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Walsh Vice President Anderson Commissioner Doherty Commissioner Hasman Commissioner Muldoon Commissioner Ryan Commissioner Schmidt Commissioner Shavey Absent: Commissioner Rogers Staff Present: Ron Bunch, Community Development Director; Gus Duenas, Development Engineer; Doreen Laughlin, Confidential Executive Assistant; Gary Pagenstecher, Associate Planner Others Present: Andy Sears, Principal; and other Westside Christian High School Representatives COMMUNICATIONS: Commissioner Shavey reported that he'd attended the City Council meeting regarding the Economic Opportunities Analysis and had testified on behalf of the Planning Commission. He said the Council was impressed with the product and the commission had been recognized& commended for their part in it. CONSIDER MEETING MINUTES May 2nd Meeting'Minutes: President Walsh asked if there were any additions, deletions, or corrections to the May 2 minutes; there being none, Walsh declared the minutes approved as submitted. PUBLIC HEARING OPENED COMPREHENSIVE PLAN AMENDMENT (CPA) 2011-00001 / (ZON) 2011-00001 WESTSIDE CHRISTIAN HIGH SCHOOL I:\LRPLN\Planning Commission\2UHPC Packets\s-16-11 PH Westside Christian High School\TPC VMute.il6-i .aoc Page 1 of 6 REQUEST: The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designations and Zoning Map Classifications for a single 7.44-acre lot from Professional/Administrative Commercial (C-P) to Mixed-Use Employment (MUE). The applicant proposes a zone change to accommodate a school use not permitted under the existing zoning. LOCATION: The property is located at 8200 SW Pfaffle Street. The site is bounded by SW Pfaffle on the north, Hwy. 217 on the west, and Pacific Hwy. on the south. STAFF REPORT Gary Pagenstecher, Associate Planner, went over the staff report (the staff report is available to the public one week before the hearing.) STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to City Council of the proposed Comprehensive Plan Amendment and Zone Change subject to the Findings in Section IV of this Staff Report and the following proposed condition of approval. QUESTIONS FOR STAFF There were some questions regarding topics other than the zone change and Gus Duenas, Development Engineer, got up and introduced himself. He reminded the commissioners that at this time they were not looking at "a school" and the details of that but, rather, a zoning change. He explained the large differences between a C-P zone and an NUE. There were questions regarding trip caps and it was explained that the trip cap stays with the site—regardless of the development use. Were there any concerns that there's only one way in and one way out- only one entrance? I don't think so — FVF&R would comment on that. As far as we're concerned, Pfaffle is a collector and the site is relatively big—relatively easy to access from Pfaffle. ODOT's concern is that the entry on Pacific Hwy is right next to an interchange and they closed that as part of their sidewalk project on Pacific Hwy. They're reluctant to open it up —it's not a good location for access. APPLICANT'S PRESENTATION Three people spoke on behalf of the applicant: Andy Sears, principal of Westside Christian High School; Beverly Bookin, Land Use Planner for The Bookin Group, LLC; and Mike Guard, transportation engineer. The project manager, David Elkins, and Hunt Johnson, the board chair for the school were also present, but didn't speak publically. Principal Sears thanked city staff for their hard work and for the approval recommendation. By way of an introduction, he gave a little of the background and spoke about the vision of the school. Sears noted the school's current location is on Carman Drive and Cruz Way and has I:ALRPLNV Planning Commission A2011 PC Packets\5-16-11 PH Westside Christian High School ATPC`.figure.5-34-IUdoc Page 2 of 6 been there for 30 years - with 250 students currently enrolled. He said their vision isn't to become a "big" school and, in fact, much of their uniqueness is in being a smaller sized school allowing for deeper, more impacting relationships with their students. He explained their vision is service-oriented and also focuses on leadership development. Every year they pick 30 non-profits in the community that they serve at all over the city. All of the families, alumni and students come together to do a complete day of sen-ice. He said that's just one example of the kind of community service. They also have international partnerships in Thailand where students go and do service overseas. The thrust of their message for the students is that life isn't just purely about themselves, but also to serve other people, and to prepare for a purpose. Sears explained that they're in the process of negotiating a purchase and sale agreement with City Bible with contingencies on approvals with zoning change and conditional use. Beverly Bookin, of Bookin Group, spoke to the commissioners. She said the hope is that with the approval of this first of a series of land use approvals, that this High School will be at this location for the foreseeable future. She reminded them that at this time they are making a zoning decision that will change the underlying zoning of the property forever unless changed again — and they need to look at it in a broader sense and not for just a specific use in mind. She said "We want to talk about the zone change, keeping the high school on the table, but talking about the zone in general because obviously your questions are broader based than this specific use. Moreover, if the zone change is approved,we'll be coming back with a conditional use and you'll get to look at that use in a much more detailed manner. But right now we are more at the 30,000 foot level. At this point, Ms. Bookin hit the highlights of the staff report. She explained that "change of condition" is an appropriate basis for requesting a Comp Plan and Zone Change. She noted conditions have changed along SW Pacific Hwy because it's now the focus of regional high capacity planning for a potential extension of high capacity transit. She noted it is a difficult, problematic site. It was formerly a light industrial building and, except for City Bible Church which is using it as is and is using it only on weekends, it's been essentially vacant for a long time. She believes that if there was a use in the CP zone that really suited that building, presumably it would have been reoccupied in the years since it was closed. She noted the site has a single exit onto Pfaffle because the exit onto the highway has been closed - which really limits its reuse because many users,including most retail uses, will not use a site where you can see it— but you can't get to it easily. So the issue of redevelopment for retail is less a concern because of these constraints than one would think. She explained why other zones were not appropriate. She pointed out and spoke to the analysis they'd done on that in their material on page VIII. Mike Ard, a traffic consultant from Lancaster Engineering, talked about zone changes in general, and then about the specific zone change before the commissioners at this time. He explained that as they approached this particular site— they looked at what was allowed under the existing zoning through the planning horizon and determined the number of trips that could be generated on the transportation system as a result of full redevelopment of the site. Then they made a comparison to what they thought could be developed under the new zoning. They contemplated using a medical/dental office as their standard. Generally, the 1:\LRP1.N\Planning Commission\2011 PC Packets\5-1641 PH Westside Christian High School\TPC\(num 5-I(n1I do: Page 3 of 6 requirement is to look at the most intense use that can reasonably be developed on the site and at the time they ran their analysis they didn't believe commercial was a good, viable option based on the frontage and the lack of access to 217. They ultimately determined that it's necessary to limit the number of trips that can come in and out of this site. So they said "Under existing zoning, we can allow this number of trips during the morning and this number of trips in the evening" — and that's accommodated in the current planning. So we will cap the site at that level so that we can't create new problems or a need for new mitigation — and by doing that we meet the state of Oregon's Transportation Planning Rule. Mr. Ard went on to explain that the next question would be 'What happens when we develop this site?" Any future redevelopment of the site is going to require an application process where the real number of trips will be dealt with—not the theoretical maximum, but the actual number of trips that will be generated. He gave a few more theoretical questions that would need to be answered at the time of the Conditional Use application. He explained that they're not something that apply at the time of the zone change. He said at the time of the Conditional Use application there would be a very robust traffic study brought before them. QUESTIONS FROM COMMISSIONERS There were some land use questions but President Walsh reminded the commissioners that they were discussing the zoning change only at this time. PUBLIC COMMENT TESTIMONY IN FAVOR Bob McGuire— Homeowner at 8470 SW Pfaffle for 31 years. He testified that his concern was impact on the traffic and not on the re-zoning issue. He isn't against the Christian High School being there because he believes they'd be a valuable asset to the entire neighborhood. He's concerned about the traffic impact regardless of the type of establishment that ultimately goes there. TESTIMONY IN OPPOSITION None CLOSED PUBLIC HEARING At this point, President Walsh opened the meeting up for deliberations. DELIBERATIONS The following was discussed: • Concern about possible traffic impact. I:\LRPLN\Planning Commission\20tl PC Packets\5-16-11 PH Westside Christian High School\TPC\Moore.,5-10-11 Page 4 of 6 • An appreciation that the applicant comprehensively took them through the various zoning ideas • The belief that it would be good to develop the 7 acre piece of prime real estate, particularly since it's not getting a "sniff' under a commercial zoning and that it's across the residential area so MUE works better there anyway. • A general belief that the MUE would work well there and that the thing to do would be to seriously look at the problem of Pfaffle and the traffic there REOPENED THE HEARING TO ASK QUESTIONS OF STAFF There were some general questions regarding traffic which Gus Duenas answered. President Walsh referred to page 9 of staff report, under Policy 16 where the second sentence says "the Planning Commission could recommend and City Council could approve a definite land use, such as the proposed school use, and specific design/development requirements if they determine through the hearings process that it would be appropriate to the site and adjacent development. He asked staff to elaborate on that as to what he thinks options might be. Gary Pagenstecher addressed the question saying there are two parts to this — one is identifying specific uses and the other is identifying certain design requirements. He gave an example of a design requirement as the trip cap. He said that if the Planning Commission approves the recommendation and applies the trip cap as a condition of approval of the zone change—then any land use that goes in there would be subject to that. The development couldn't be approved if it exceeded however many trips are at the cap— and that could only be changed by coming back through the Planning Commission. He gave some examples of changes in use. The question was asked "If you put a trip cap in place and a year later the reality is you have far more trips than what were planned or expected... what happens? Ron Bunch, Community Development Director, answered that they would enforce the code as they have in the past. They enforce the conditions of approval by counting the trips as they go through the intersections and, if appropriate, they would report that they are above the trip level. It is very obvious in many instances by lots of congestion— that they're exceeding their allowable trip cap. So in that case we would enforce the code with any business or any land use violation. Gus Duenas said a specific condition of approval that stated "if you exceed this trip cap based on observation we can enforce it" would be a good idea. HEARING RECLOSED DELIBERATION CONTINUES At this point a motion was made. I:\LRPLN\Planning Commission\2011 PC Packets\546-11 PH Westside Christian High School\TPC\!mires i-16.ILdoc Page 5 of 6 MOTION The following motion was made by Commissioner Doherty, seconded by Commissioner Ryan: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2011-00001/ZON2011-00001, and adoption of the findings and conditions of approval contained in the staff report - which also includes the trip cap." The motion CARRIED on a recorded vote; the Commission voted as follows: AYES: Commissioner Anderson; Commissioner Doherty; Commissioner Hasman; Commissioner Ryan; Commissioner Schmidt; Commissioner Shavey, and President Walsh NAYS: None. ABSTAINERS: Commissioner Muldoon ABSENT: Commissioner Rogers OTHER BUSINESS • There was a short discussion about the upcoming joint Planning Commission/City Council May 17 meeting. President Walsh said this would be a great time to get some feedback from Council. • Ron Bunch reminded the commissioners that there's an open house coming up on May 25 regarding HCI' and a June 6 Workshop. ADJOURNMENT President Walsh adjourned the meeting at 8:55 p.m. Doreen Laughlin, Planning Cosion Secretary A7 . 'resident Dave Walsh I:\LRPLN\Planning Commission\2011PC Packets\5-16-11 PH Westside Christian High School\TPC ilWum:S-16-I1.doc Page 6 of 6