Ordinance No. 22-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 22-O b
AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE (TITLE 18)AND THE
ZONING MAP OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE HOUSING
CO'�IPLIANCE UPDATES (DCA2022-00001 AND ZON2022-00001).
WHEREAS, the City has initiated an application to amend the text of the Community Development
Code (Title 18); and
WHEREAS, in 2018, the City adopted Ordinance 18-23 amending the Community Development
Code for the purpose of adopting the Phase H Housing Options to allow a wider variety of housing
options,including middle housing, and to streamline housing development; and
WHEREAS, in its 2019 regular session, the Oregon Legislative Assembly passed House Bill 2001,
requiring cities of more than 10,000 people to allow middle housing by June 30,2022; and
WHEREAS, on July 31, 2020, the Land Conservation and Development Commission adopted
amendments to Oregon Administrative Rules Chapter 660 to add Division 46, creating prescriptive
requirements for cities in order to comply with House Bill 2001; and
WHEREAS, the City Council generally desires to improve the function, efficiency, and clarity of the
Community Development Code to make housing production easier and more cost-effective; and
WHEREAS, on May 25, 2021, the Tigard City Council adopted Ordinance 21-11, amending and
updating the City's Housing Needs Analysis and Chapter 10 Housing of the Tigard Comprehensive
Plan; and
WHEREAS, Goal 10.1 of the Tigard Comprehensive Plan is to provide opportunities for a variety of
housing types at a range of price levels to meet the diverse housing needs of current and future City
residents; and
WHEREAS, the 2021 Tigard Housing Needs Analysis demonstrates a significant and ongoing need
for housing, particularly smaller and more affordable housing, based on the results of the 2018 Metro
Housing Needs Analysis; and
WHEREAS, the Oregon Housing and Community Services department published a pilot Regional
Housing Needs Analysis in 2021 that found that the amount of needed housing in the region is
significantly undercounted because the existing underproduction of housing and lack of housing units
for unhoused residents are not fully accounted for; and
WHEREAS,the purpose of the amendments is implement policy changes to comply with state law
and administrative rules, to improve the code and encourage the development of more housing
options for Tigard's residents; and to address minor deficiencies and conflicts in the code; and
ORDINANCE No.22-G6
Page 1
WHEREAS, notice was provided to the Department of Land Conservation and Development and
Metro at least 35 days prior to the first evidentiary public hearing; and
WHEREAS, notice to the public was provided in accordance with the Tigard Community
Development Code; and
WHEREAS, the Tigard Planning Commission held a public hearing on May 2, 2022 and
recommended by unanimous vote that Council approve the proposed amendments; and
WHEREAS, the Tigard City Council held a public hearing on June 7, 2022 to consider the proposed
amendments; and
WHEREAS, the Tigard City Council has considered the recommendation of the Planning
Commission; and
WHEREAS, the Tigard City Council has determined that the proposed amendments are consistent
with the applicable review criteria as demonstrated in the City's findings.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard City Council adopts the findings contained in "Exhibit A" to this
Ordinance. The findings and conclusions that are attached as Exhibit A are hereby
adopted as the basis in support of this Ordinance.
SECTION 2: The Tigard Community Development Code (Title 18) is amended as shown in
"Exhibit B".
SECTION 3: The Tigard Zoning Map is amended as shown in "Exhibit C".
SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder
PASSED: By a It'6y vote of all council members present after being read by
number and title only, this 7 day of , 2022.
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this 7 da of PIZ— , 2022.
Jon B. Snider,Mayor
Appro�ved/as to form:
City Attorney
6-7-22
Date
ORDINANCE No.22-0 6
Page 2
RECOMMENDATION AND FINDINGS
I1
OF THE PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON TIGARD
SECTION I. APPLICATION SUMMARY
CASE NAME: HOUSING COMPLIANCE PROJECT
CASE NO.: Development Code Amendment (DCA) DCA2022-00001
ZON2022-00001
PROPOSAL: The City of Tigard proposes legislative text and map amendments to the Tigard Community
Development Code (TCDC) and the Tigard Zoning Map. The text and map amendments
include the following:
1. Amendments to standards and procedures to bring the City into compliance with
Houe Bill 2001 (2019) and OAR 660 Division 46 (2020);
2. Amendments to standards and procedures to bring the City into compliance with
Senate Bill 458 (2021);
3. Minor changes to middle housing standards to make the code more efficient, clarify
ambiguities,and remove unneeded standards in middle housing chapters;
4. Re-establish the distinction between accessory dwelling units and other additional
dwelling units on a lot;
5. General housekeeping to increase consistency and remove redundancies;
6. Miscellaneous code fixes identified by staff; and
7. Consolidating the number of residential zones from 8 to 5.
The proposed text and map amendments for the Planning Commission's review are
included in Attachments 1 and 2, and summarized below in Section IV of this report:
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
ZONES: Citywide
LOCATION: Citywide
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10
(Housing); METRO's Urban Growth Management Functional Plan Titles 1, 6, 7, and 8;
Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.24, 10.1.1, 10.1.2, 10.1.3,
10.1.6, 10.1.8, 10.1.10, 10.1.11, and 10.2.9; and Tigard Development Code Chapters
18.710 and 18.790.
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SECTION II. PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends the City Council adopt the proposed amendments with any alterations as
determined through the public hearing process.
SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY
The Housing Compliance project builds on the City's recent housing policy work,including the 2018 Phase II
Housing Options project and the 2021 Tigard Housing Needs Analysis.The main intent of this project is to
bring the City's existing code into compliance with the provisions of House Bill 2001 (2019),the associated
Oregon Administrative Rules Chapter 660 Division 46 (2020),and Senate Bill 458 (2021).
House Bill 2001,passed a little more than six months after Tigard adopted its middle housing reform,provided
a broad requirement that cities over a certain size across the state must legalize middle housing.At the time of
its passage, the City was largely in compliance with the provisions of the bill.Two small changes were made in
a subsequent code project in 2019 that were intended to bring the City into full compliance. However,the bill
also mandated rulemaking and the creation of a Model Code that would be applied to middle housing
approvals in jurisdictions that could not or would not adopt their own local regulations that met state
requirements. The administrative rules and model code were adopted in late 2020 and contain some differences
from what Tigard adopted in 2018.
The rules as published included an option for alternative compliance with the rules.The City met with the
Department of Land Conservation and Development over the course of the following four months to
determine if demonstrating alternative compliance was possible,given the City's early and good-faith efforts to
implement middle housing reform before HB2001 was adopted. In April of 2021,DLCD completed a review
of the City's middle housing code,and informed the City that alternative compliance would not be possible.
The Community Development department subsequently moved forward with scoping a project to bring the
City into compliance with the bill by the deadline of June 30,2022. During the early stages of this work, the
legislature passed Senate Bill 458,which requires that the City allow middle housing land divisions on an
expedited basis. Tigard must comply with this requirement by the same deadline.
Bringing the City's code into full compliance with the administrative rules also presented an opportunity to
revisit and improve the code based on the experience of implementing its provisions over the past three-and-a-
half years. Process improvements and small tweaks to standards were included in the project to ensure that
Tigard remains a leader in middle housing development and housing opportunity in general.
The implementation of the state administrative rules means that middle housing must now be allowed on lots
that are the same size or smaller than the lots for single detached houses. As a result,the distinctions between
many of these zones have become trivial or moot. One example of this is the standards for rowhouses
(townhouses under the state's nomenclature),which require that rowhouses be allowed on lots no larger than
1,500 square feet across all zones. This, and other requirements,have blurred the distinctions between zones.
Given the need to simplify standards and remove redundant or repetitive provisions in the code,the
Community Development team proposes to consolidate existing zones,reducing the total number of
residential zones from 8 to 5.
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Summary of Code Changes
This section provides a finer level of detail of the changes proposed for each chapter of the revised development
code. Some types of changes are common throughout the code. These types of changes unify and standardize
the entire development code through using consistent phrasing, terminology, and formatting. These changes
include:
• The phrase "single detached houses" has been replaced with"small form residential."
• The small form residential type integrates single detached houses, as well as duplexes and triplexes,
which are required to be allowed by right in all zones that allow a single detached house.
• The accessory dwelling unit type,which in the current code includes the duplex and triplex housing
types,has been reverted to solely applying to a detached accessory dwelling unit. Further,the attached
accessory dwelling unit type has been integrated into the small form residential housing type.
• Housing types that have more complicated development standards are provided with the state-
mandated clear and objective approval process without land use, as well as an alternative process that
allows greater design flexibility.
• The new Type II-Modified procedure for Sublot Plats requires updating references to Land Use
Procedures throughout the Community Development Code as well as a few references in the Tigard
Municipal Code.
• As part of the zone consolidation,residential zones have been renamed to remove numbers from their
designation.These numbers often caused confusion as they were assumed to relate to density. This
disjunction was made more confusing by the addition of middle housing,where each housing type
allowed in residential zones has a different net density,none of which corresponds to the numerical
designation of the zone.
Two new chapters have also been proposed: Chapter 18.805 Lot Standards and Chapter 18.840 Sublot Plats.
Chapter-specific changes are discussed below. If a chapter does not include significant changes it is included in
the omnibus changes section.
Chapter 18.20 Administration and Enforcement
This chapter is updated to provide clarity on the procedures used for plan review of development and use
proposals that do not require land use.
Chapter 18.110 Residential Zones
This chapter is updated to provide new use and housing type tables for the zone mergers. The density standard
is removed because it is duplicated elsewhere in the code.
Chapter 18.220 Accessory Dwelling Units
This chapter is updated to implement the changes listed in the summary above and remove the Type I approval
process for ADUs,instead allowing them by right when the applicable standards are met.
Chapter 18.240 Cottage Clusters
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This chapter is updated to incorporate the requirements of state law and administrative rules related to siting
and design standards. In addition, some small changes are included that improve or clarify the meaning of
standards. The required clear and objective standards are included,as well as an alternative compliance pathway
that requires land use.
Chapter 18.250 Courtyard Units
While not subject to the requirements of state law and administrative rules related to HB2001,this chapter was
updated to provide design standards and approval processes consistent with the similar cottage cluster housing
type. In addition, some small changes are included that improve or clarify the meaning of standards.
Chapter 18.270 Quads
This chapter was updated to comply with state administrative rules,removing disallowed standards and the
requirement for land use approval. In addition, some small changes are included that improve or clarify the
meaning of standards.
Chapter 18.280 Rowhouses
This chapter was updated to comply with state administrative rules,removing disallowed standards and the
requirement for land use approval. In addition, some small changes are included that improve or clarify the
meaning of standards.
Chapter 18.290 Small Form Residential
This chapter is updated to implement the changes listed in the summary above and incorporate approval
processes and standards for single detached houses,duplexes,triplexes,and attached accessory dwelling units
into one chapter.
Chapter 18.710 Land Use Procedures
This chapter was updated to include a new Type II-Modified procedure for Sublot Plats.
Chapter 18.805 Lot Standards
This is a new chapter but consolidates development standards and provisions from other parts of the code,
including Residential Standards and Land Divisions.
Chapter 18.780 Site Development Review
This chapter was updated to make the language and approval process consistent with the new alternative
standards for some middle housing and to further clarify the meaning of the language.
Chapter 18.810 Lot Line Adjustments and Consolidations
Chapter 18.820 Land Partitions
Chapter 18.830 Subdivisions
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These chapters were updated to make language and standards more consistent where applicable and to move
some standards to the new Lot Standards chapter, 18.840.
SECTION IV. APPLICABLE CRITERIA, FINDINGS, AND CONCLUSIONS
STATEWIDE PLANNING GOALS AND GUIDELINES
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals. Because the proposed code amendments have a limited scope and the
text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide
goals are addressed below.
Statewide Planning Goal 1— Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
FINDING: The City conducted a comprehensive public engagement process with the 2018 Phase II Housing
Options project.This project brings those changes into compliance with state law.
Notice was sent to affected government agencies by email on March 18,2022.
The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published
in the Tigard Times newspaper on April 15, 2022. A minimum of two public hearings will be held (one before
the Planning Commission and the second before the City Council) at which an opportunity for public input is
provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the
Planning Commission, and Planning Commission Recommendation to City Council) will be made available to
the public for review prior to hearings and adoption. This goal is satisfied.
Statewide Planning Goal 2—Land Use Planning:
This goal outlines the land use planning process and policy framework.
FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's
Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements
the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the
Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements.
As discussed within this report, the applicable Development Code process and standards have been applied to
the proposed amendment, and the intent of these amendments are to meet the requirement of state law,
administrative rules,and the Statewide Planning Goals. This goal is satisfied.
Statewide Planning Goal 10—Housing:
This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter
660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure
opportunity for the provision of adequate numbers of needed housing units, the efficient use of
buildable land within urban growth boundaries, and to provide greater certainty in the development
process so as to reduce housing costs."
FINDING: The City adopted an updated Housing Needs Analysis in May of 2021.This analysis found that
the City will need to accommodate more than 7,400 new households over the coming 20 years. The City
currently only has the capacity for 4,200 units in existing areas and will need an additional 3,200 units of
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housing to meet this need. Notably,the estimates of need are based on regional projections that do not account
for existing underproduction levels and the needs of the unhoused. A pilot regional housing needs analysis
conducted by Oregon Housing and Community Services shows a need of nearly 12,000 units in Tigard over
that same time horizon.
The proposed code changes do not decrease housing supply or capacity.They further Tigard's work to support
more housing diversity and allow increased housing capacity in exchange for development of much-neeeded
smaller housing units.The clarification of standards and the new allowances for by-right development of Small
Form Residential (single detached houses,duplexes,triplexes, and attached accessory dwelling units),
Rowhouses, Quads, and Detached Accessory Dwelling Units will result in an easier development pathway for
these housing types.
These middle housing types allow for a more efficient use of land,particularly land that would otherwise be
marginally developable. Because of the more flexible development standards provided for middle housing,
larger lots that may be constrained by sensitive lands or topography can include housing in the developable
portions of the lot while protecting natural resources.Lots with these types of constraints may not be
developable for small form residential due to lot size and frontage requirements.
The City may only apply clear and objective standards to housing under Goal 10.These code changes include
further clarification of standards to ensure that they are as clear and objective as practicable.This goal is
satisfied.
CONCLUSION: Based on the findings above and the related findings below, the Planning Commission
finds the proposed amendments are consistent with applicable Statewide Planning Goals.
METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN
State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans
and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the
proposed Code Amendments have a limited scope and the text amendments address only some of the topics in
METRO's Urban Growth Management Functional Plan,only applicable Titles are addressed below.
Title 1—Housing Capacity
The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting
regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city
and county to maintain or increase its housing capacity except as provided in section 3.07.120.
FINDING: Title 1 has been met by further increasing the housing capacity in Tigard. Middle housing types
included in the proposed code changes provide for incremental capacity growth that is compatible with existing
neighborhoods. Each of the standards provided in 3.07.120 Housing Capacity sets minimum zoned capacity,
which is not affected by the proposed changes. In addition, the final standard states that a"city or county shall
authorize the establishment of at least one accessory dwelling unit for each detached single-family dwelling unit
in each zone that authorizes detached single-family dwellings."The city's development code exceeds this standard
by allowing up to two accessory dwelling units on each small form residential lot.This title is satisfied.
Title 6—Centers, Corridors, Station Communities and Main Streets
The Regional Framework Plan identifies Centers, Corridors, Main Streets and Station Communities
throughout the region and recognizes them as the principal centers of urban life in the region. Title 6
calls for actions and investments by cities and counties, complemented by regional investments, to
enhance this role. A regional investment is an investment in a new high-capacity transit line or
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designated a regional investment in a grant or funding program administered by Metro or subject to
Metro's approval.
FINDING: The proposed code changes have little effect on the City's adopted Town Centers — the
Downtown Plan District and the Tigard Triangle Plan District— because each of these districts already provide
for increased housing capacity through allowances for mixed-use and incremental development, as well as
increased height allowances.The City's regional center—the Washington Square Plan District—already includes
allowances for most housing types. Section 3.07.640(c) of Title 6 states: "Centers, Corridors, Station
Communities and Main Streets need a mix of housings [sic] types to be vibrant and successful. The following
mix of housing types is recommended for each: (1) The types of housing listed in the "needed housing" statute,
ORS 197.303(1); (2)The types of housing identified in the City's or county's housing need analysis done pursuant
to ORS 197.296 or statewide planning Goal 10 (Housing); and (3) Accessory dwellings pursuant to section
3.07.120 of this chapter." Unfortunately, many of the lands included in the MUR-1 and MUR-2 zones are
constrained by sensitive lands.Because missing middle housing types can make more efficient use of constrained
lands by building around sensitive lands without regard to creating lots sized for small form residential,they are
an appropriate type for inclusion in these two zones. This title is satisfied.
Title 7—Housing Choice
The Regional Framework Plan calls for establishment of voluntary affordable housing production goals
to be adopted by local governments and assistance from local governments on reports on progress
towards increasing the supply of affordable housing.
FINDING: Title 7 has been met by further increasing the capacity for housing choice in Tigard. Section
3.07.730 of Title 7 states that: "cities and counties within the Metro region shall ensure that their comprehensive
plans and implementing ordinances: (a) Include strategies to ensure a diverse range of housing types within their
jurisdictional boundaries. (b) Include in their plans actions and implementation measures designed to maintain
the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable
housing within their boundaries. (c) Include plan policies, actions, and implementation measures aimed at
increasing opportunities for households of all income levels to live within their individual jurisdictions in
affordable housing." Title 7 does not specify what is meant by "affordable housing". The City interprets the
mandate to include not just regulated affordable housing,but naturally-occurring affordable housing and housing
made affordable by a range of choices in size. The proposed code changes encourage greater housing diversity
and choice in Tigard,leading to more affordable choices for families and individuals,and ensuring opportunities
for affordable home ownership and rental for all income levels and household sizes.This title is satisfied.
Title 8—Compliance Procedures
A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit
the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the
amendment.The COO may request, and if so the city or county shall submit, an analysis of compliance
of the amendment with the functional plan.If the COO submits comments on the proposed amendment
to the city or county, the comment shall include analysis and conclusions on compliance and a
recommendation with specific revisions to the proposed amendment, if any, that would bring it into
compliance with the functional plan. The COO shall send a copy of comment to those persons who
have requested a copy.
FINDING: Notice and a copy of the proposed code amendments were provided to Metro on March 18,
2022. No comments were received.
CONCLUSION: Based on the findings above, the Planning Commission finds that the proposed
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amendments are consistent with Metro's Urban Growth Management Functional Plan.
TIGARD COMPREHENSIVE PLAN
State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in
compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies.
Because the development code amendments have a limited scope and the text amendments address only some
of the topics in the Tigard Comprehensive Plan,only applicable comprehensive plan goals and associated policies
are addressed below.
Comprehensive Plan Goal 1: Citizen Involvement
Policy 1.1.2:The City shall define and publicize an appropriate role for citizens in each phase of the land
use planning process.
FINDING: The City conducted a comprehensive public engagement process with the 2018 Phase II Housing
Options project.The proposed amendments brings those changes into compliance with state law.
Notice was sent to affected government agencies by email on March 18,2022.
The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published
in the Tigard Times newspaper on April 15, 2022. A minimum of two public hearings will be held (one before
the Planning Commission and the second before the City Council) at which an opportunity for public input is
provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the
Planning Commission, and Planning Commission Recommendation to City Council) will be made available to
the public for review prior to hearings and adoption. This policy is satisfied.
Comprehensive Plan Goal 2: Land Use Planning
Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and
regional requirements, and serve its citizens' own interests.
FINDING: The proposed text amendments to the development code comply with all state and regional
requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous,
redundant, and contradictory language in the development code. The proposed amendments also establish a
clear policy direction for the approval of housing types. This policy is satisfied.
Comprehensive Plan Goal 2: Land Use Planning
Policy 2.1.2:The City's land use regulations,related plans, and implementing actions shall be consistent
with and implement its Comprehensive Plan.
FINDING: As demonstrated in this report, the proposed amendments to the Tigard Development Code are
consistent with the Tigard Comprehensive Plan. This policy is satisfied.
Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use
program with other potentially affected jurisdictions and agencies.
FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited
to comment on the proposal, as required by Section 18.710.110 (Type IV Procedures) and discussed in Section
V of this report. Comments submitted by affected agencies have been incorporated into this report and the
proposed amendments. This policy is satisfied.
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Policy 2.1.4: The City's land use program shall promote the efficient use of land through the creation of
incentives and redevelopment programs.
FINDING: The proposed amendments include provisions that allow for the efficient use of land. An incentive
is provided to allow smaller housing units in exchange for greater unit capacity. These changes will allow the
redevelopment of marginal properties that would not have produced increased capacity otherwise.. This policy
is satisfied.
Policy 2.1.24: The City shall establish design standards to promote quality urban development and to
enhance the community's value,livability, and attractiveness.
FINDING: The proposed amendments further the City's goal to provide design standards that ensure that the
value, livability, and attractiveness of the City is preserved and increased. Standards for street-facing facades
ensure that the pedestrian realm remains attractive and that housing does not present blank walls to the street.
These design standards also meet the state requirement that they be clear and objective,which prevents subjective
aesthetic criteria from being applied to residential development. The proposed standards ensure that the City's
goals and the state requirements are simultaneously met. This policy is satisfied.
Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide
opportunities to develop a variety of housing types that meet the needs, preferences, and financial
capabilities of Tigard's present and future residents.
FINDING: The City has expressed a desire through its Comprehensive Plan policies to provide opportunities
for greater housing variety, to meet the needs of its present and future residents at all stages of life. In addition,
the City has expressed a desire to provide greater economic integration through housing variety. The proposed
code changes further this policy directive by providing a streamlined process for development of new housing
types that are limited in size. In addition, clear and objective standards ensure that those who wish to develop
are provided with a fair, consistent, and predictable pathway to approval. These reduce the time and cost to
develop,and can help to ensure that units are sold or rented at price points that meet the needs of young families,
singles,and senior citizens. This policy is satisfied.
Policy 10.1.2: The City's land use program shall be consistent with applicable state and federal laws.
FINDING: House Bill 2001 (2019) and Senate Bill 458 (2021) require that the City amend its development code
by June 30, 2022 to meet the provisions of Oregon Administrative Rules Chatpe 660 Division 46, and to allow
middle housing land divisions. The proposed code amendments bring the City into compliance with these
requirements. This policy is satisfied.
Policy 10.1.3: The City shall support housing affordability, special-needs housing, ownership
opportunities, and housing rehabilitation through programs administered by the state, Washington
County, nonprofit agencies, and Metro.
FINDING: The proposed code amendments support greater housing affordability and ownership opportunities
by ensuring that adequate housing variety is allowed. Affordable housing, both regulated and non-regulated,
requires flexibility in standards that make smaller housing unit production possible. First-time homeownership
is dependent on the provision of smaller housing units that have a reduced up-front cost as well as lower
maintenance and utility costs. This policy is satisfied.
Policy 10.1.6: The City shall adopt and maintain land use regulations that provide opportunities to
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develop housing for persons with special needs. The scale, design, intensity, and operation of these
housing types shall be compatible with other land uses and located in proximity to supporting
community services and activities
FINDING:The standards proposed for middle housing ensure compatibility with surrounding uses.In addition,
middle housing is potentially an area of housing opportunity for those with special needs, with increased
opportunity for small units, zero-step entries,group living, among other scenarios. This policy is satisfied.
Policy 10.1.8: The City shall provide opportunity for a mix and range of housing types and sizes in all
low-and medium-density residential areas,including single detached houses, accessory dwelling units,
quads, cottage clusters, courtyard units, and rowhouses.
FINDING: The proposed code amendments increase opportunities for all listed housing types in low- and
medium-density areas by streamlining approval processes and improving the clarity of development standards.
This policy is satisfied.
Policy 10.1.10: The City shall enact policies that provide for equitable housing opportunity without
discrimination or disparity based on tenure, familial status,or household composition of the occupants
of any type of housing.
FINDING: The proposed code amendments increase equitable housing opportunity through the means
described above. In addition,the development code does not treat development differentially based on housing
tenure,focusing instead on the form of buildings.Tigard has no familial requirements in relation to its definition
of a household,nor limits on occupancy based on familial status. This policy is satisfied.
Policy 10.1.11: The City shall encourage the development of mixed-income neighborhoods and ensure
opportunity for economic mobility and intergenerational wealth through affordable homeownership
programs.
FINDING: The proposed code amendments increase equitable housing opportunities and encourage mixed-
income neighborhoods by allowing a variety of housing sizes and types to co-exist in the same neighborhood.
Increased housing opportunity provides for redeuced housing costs and economic mobility.The opportunity to
purchase smaller housing units not previously available in the market will provide greater opportunity for
intergenerational wealth.This policy is satisfied.
Policy 10.2.9: The City shall require infill development to be designed to address compatibility with
existing neighborhoods.
FINDING: The proposed code amendments ensure compatibility of new housing types with existing
neighborhoods through development standards that reduce their size, scale, and location on lots in relation to
typical small form residential development. In addition, the standards include requirements for common open
spaces and screening at property boundaries and around off-street parking areas.This policy is satisfied.
CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed
amendments are consistent with applicable provisions of the Tigard Comprehensive Plan.
APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE
Section 18.790: Zoning Map and Text Amendments
HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001
6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 10 OF 12
18.790.020 Legislative Amendments
A.Approval process.A legislative amendment application is processed through a Legislative procedure,
as provided in Section 18.710.110.
FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed
under the Type IV legislative procedure as set forth in Section 18.710.110. This procedure requires public
hearings by both the Planning Commission and City Council. Public hearings were conducted on May 2, 2022
and June 7,2022.This criterion is met.
B. A recommendation or a decision for a legislative amendment application may be based on
consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon
Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban
Growth Management Functional Plan and any other regional plans.
FINDING:Findings and conclusions are provided throughout Section IV above,for the applicable listed factors
on which the recommendation by the Commission and the decision by the Council are based. This standard is
satisfied.
CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed
amendments are consistent with applicable provisions of the Tigard Development Code.
SUMMARY
CONCLUSION: As shown in the findings above, the Planning Commission concludes that the proposed
amendments are consistent with the applicable Statewide Planning Goals; METRO's
Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan
goals and policies,and the applicable provisions of the City's implementing ordinances.
SECTION V. AGENCY COMMENTS
City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King
City, Washington County, TVF&R, METRO, ODOT, DLCD, DEQ, CWS, OR Dept. of Aviation, OR
Historic Preservation Office, TTSD, NW Natural, OHA, PGE, Tigard Water District, Tualatin Hills
Parks and Rec District, and Tri-Met were notified of the proposed code text amendments.
The Department of Land Conservation and Development submitted written comments. Those comments and
the City's responses are included in a separate attachment.
SECTION VI. PUBLIC COMMENTS
No public comments have been received to date.
HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001
6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 11 OF 12
Z _ -
May 18,2022
PREPARED BY: Schuyler Warren DATE
Senior Planner
‘alce May 18, 2022
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director
May 18,2022
APPROVED BY: Yi-Kang Hu DATE
Planning Commission President
HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001
6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 12 OF 12
Exhibit B: Housing Compliance
Code Update Strikethrough
with Commentary May 18, 2022
(Exhibit B is a large document and cannot be posted. To
view or pick up a copy, check with the City of Tigard
Permit Center Front Desk.)
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