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HomeMy WebLinkAbout07_Pre-Application Notes City of Tigard Pre-Application Conference Notes Nonresidential Developments 1 Meeting Date: September 12, 2024 PRE2024-00024 Applicant: Carla Staedter; City of Tigard Contact: 971-255-7726/carla@tigard-or.gov Property Location: WCTM 1S136CB Tax Lot 4402; north of SW 84th Ave and west of Steve St Proposal: Build a new 1.37-acre neighborhood park Base Zone: PR: Parks and Recreation Sensitive Lands: Tigard Significant Wetland, CWS Vegetated Corridor, Goal 5 Significant Habitat Areas Overlay Zone: NA Plan District: ☐ Yes ☒ No If yes, which plan district: NA Required Applications: Comprehensive Plan Amendment (CPA), Conditional Use Review (CUP) Planner: Jenny McGinnis Contact: 503-718-2427 / Jenny.McGinnis@tigard-or.gov Engineer: Buck Smith Contact: 503-718-2464 / Buck.Smith@tigard-or.gov Land Use Application Review Process 18.710 Land Use Review Procedures The application is subject to a Type III-Modified procedure, as provided in Section 18.710.080 and 18.710.090. The approval authority is Planning Commission/ City Council and the appeal authority is LUBA. Review the complete procedures in Chapter 18.710. A neighborhood meeting is required, refer to Subsection 18.710.030.B and Pre-application packet for requirements. For submittal requirements, refer to Subsection 18.710.030.C and Pre-application packet for requirements. Applicable Chapters 2 ☐ 18.120 Commercial Zones ☒ 18.710 Land Use Review Procedures ☐ 18.130 Industrial Zones ☒ 18.140 Parks and Recreation Zone ☐ 18.715 Adjustments ☐ 18.310 Nonresidential General Provisions ☐ 18.720 Annexation ☐ 18.320 Commercial Zone Dev. Standards ☒ 18.740 Conditional Uses ☐ 18.330 Industrial Zone Dev. Standards ☐ 18.750 Historic Resources ☐ 18.350 Residential Zone Dev. Standards ☐ 18.760 Home Occupations ☒ 18.410 Off-Street Parking and Loading ☐ 18.765 Modifications ☒ 18.420 Landscaping and Screening ☐ 18.770 Planned Developments ☐ 18.440 Temporary Uses ☐ 18.780 Site Development Review ☐ 18.450 Wireless Communication Facilities ☒ 18.790 Text and Map Amendments ☒ 18.510 Sensitive Lands ☐ 18.810 Lot Line Adjustments & Consolidations ☐ 18.520 Significant Tree Groves ☐ 18.820 Land Partitions ☐ 18.620 Bridgeport Village Plan District ☐ 18.830 Subdivisions ☐ 18.640 River Terrace Plan District ☒ 18.910 Improvement Standards ☐ 18.650 Tigard Downtown Plan District ☒ 18.920 Access, Egress & Circulation ☐ 18.660 Tigard Triangle Plan District ☒ 18.930 Vision Clearance Areas ☐ 18.670 Washington Square Regional Center Applicable Standards 18.140 PARKS AND RECREATION ZONE 18.140.040 Land Use Standards Applicable Zone: PR Proposed Use: Government Services – Conditional Use B. PR zone use restrictions: 1. Basic Utility. a. Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed. b. Standalone above-ground public and private utility facilities not proposed with development, including standalone solar arrays, are conditionally allowed. C. Allowed development. When associated with a Government Services use, the following types of development are allowed provided it complies with the development standards and other regulations of this title. Site development review is not required for the types of development listed below. All other applicable land use reviews apply. 1. Park furnishings such as play equipment, picnic tables, benches, bicycle racks, public art, trash receptacles, and other improvements of a similar nature. 3 2. Fences. 3. Off-street, multi-use trails. 4. Structures up to 600 square feet in size, and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields, courts, arenas, and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. D. Development subject to conditional use review. The following types of development are allowed subject to conditional use permit approval, as provided in Chapter 18.740, Conditional Uses. 3. Picnic areas designed to accommodate groups of 25 or more. 5. Off-street parking areas. 6. Recreational fields, courts, arenas, and associated structures for organized sports and competitions. 7. Stages and amphitheaters. 8. Dog parks. 9. Community gardens in excess of 5,000 square feet. 10. Structures in excess of 600 square feet in size, or more than 15 feet high. 12. Illuminated athletic fields, courts, and other outdoor recreational facilities intended to be used after sunset. 18.140.050 Development Standards Development within the PR zone must comply with the following development standards, except where the applicant has obtained an adjustment as provided in Chapter 18.715, Adjustments. A. Minimum lot size. None. B. Minimum lot width. None. C. Maximum structure height. None, except structures within 100 feet of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum structure setbacks. None, except where abutting a residential zone. In such cases structures must be set back a minimum distance of 1 foot for each foot of building height. E. Setbacks from future rights-of-way. For the purpose of measuring setbacks from rights-of-way, the setbacks are measured from the ultimate right-of-way as shown in the Transportation System Plan. F. Outdoor recreation facility setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from abutting residentially-zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks, basketball courts, soccer fields, and group picnic areas must be set back 50 feet from abutting residentially-zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to 0 feet. Outdoor recreation facilities not meeting minimum setbacks provided in this subsection may be considered through conditional use review as provided in Chapter 18.740, Conditional Uses. G. Projections not for human habitation. Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials, flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title. I. Bathrooms and concessions. Bathrooms and concession stands must be set back a minimum distance of 50 feet from abutting residential zones. Where a bathroom or concession stand abuts a Schools use on a residentially-zoned property, the setback is reduced to zero feet. J. Parking. Development must comply with Chapter 18.410, Off-Street Parking and Loading. K. Signs. Signs in the PR zone must comply with the regulations applicable to nonresidential land uses in residential zones, as provided in Subsection 18.435.130.A. L. Lights and amplified sound systems. Lights and amplified sounds systems must comply with Title 6, Nuisance Violations. In addition, glare sources must be hooded, shielded, or otherwise located to avoid 4 direct or reflected illumination in excess of 0.5 foot candles, as measured at the site boundary or at the furthest boundary of abutting industrially-zoned properties. Please review additional development standards under Chapter 18.140.050 18.420 LANDSCAPING AND SCREENING – URBAN FORESTRY An urban forestry plan is required to demonstrate compliance with tree canopy standards. An urban forestry plan must be prepared by a landscape architect or both a certified arborist and tree risk assessor, as provided in the Urban Forestry Manual Section 10. The plan must include: o Tree preservation and removal site plan- Section 10, Part 1 of Urban Forestry Manual o Supplemental report- Section 10, Part 3 of Urban Forestry Manual This just needs to cover the parking lot, not the entirety of the property. 18.510 SENSITIVE LANDS 18.510.050 General Provisions for Wetlands A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on the City of Tigard “Wetland and Streams Corridors Map,” and to a vegetated corridor ranging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, as provided in “Table 3.1, Vegetated Corridor Widths,” and “Appendix C, Natural Resource Assessments,” of the CWS “Design and Construction Standards.” Wetland locations may include but are not limited to those areas identified as wetlands in “Wetland Inventory and Assessment for the City of Tigard, Oregon,” Fishman Environmental Services, 1994. B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by qualified professionals at the applicant’s expense. 18.510.080 Special Provisions within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard “Wetlands and Streams Corridors Map” are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed or approved in compliance with Section 18.510.100. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek. 2. The standard width for "good condition" vegetated corridors along Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 feet, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 50-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 3. The minimum width for “marginal or degraded condition” vegetated corridors along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 percent of the standard width, unless wider in compliance with CWS “Design and Construction Standards,” or modified in compliance with Section 18.510.100. 5 4. The determination of corridor condition is based on the natural resource assessment guidelines as provided in the CWS “Design and Construction Standards.” 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated corridors, except as allowed below: a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the city in compliance with Section 18.510.070 and by CWS “Design and Construction Standards”; b. Utility or service provider infrastructure construction (i.e. storm, sanitary sewer, water, phone, gas, cable, etc.), if approved by the city and CWS; c. A pedestrian or bike path, not exceeding 10 feet in width and in compliance with the CWS “Design and Construction Standards”; d. Grading for the purpose of enhancing the vegetated corridor, as approved by the city and CWS; e. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as approved by the regulating jurisdiction; f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the city and CWS; g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways, driveways, utilities, accessory uses, or other developments provided they are in compliance with city and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS “Design and Construction Standards.” 6. Land form alterations or developments located within or partially within the Goal 5 safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Department of State Lands, or other federal, state, or regional agencies, are not subject to this subsection B, except where the: a. Land form alterations or developments are located within or partially within a good condition vegetated corridor, as provided in Paragraphs 18.510.080.B.1 and 2; b. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as provided in Paragraph 18.510.080.B.3. 18.510.100 Plan Amendment Option A. Comprehensive plan amendment. Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a comprehensive plan amendment as provided in Chapter 18.790, Text and Map Amendments. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS “Design and Construction Standards.” The applicant must demonstrate that such an amendment is justified by either of the following: B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE) consequences analysis prepared in compliance with OAR 660-23-040. 1. The analysis must consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planning Area; 2. The ESEE analysis must demonstrate to the satisfaction of the city council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; 6 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning Area that can meet the specific needs of the proposed use; 4. The ESEE analysis must be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; 5. If the application is approved, then the ESEE analysis must be incorporated by reference into the Tigard Comprehensive Plan, and the “Tigard Wetland and Stream Corridor Map” be amended to remove the site from the inventory. 18.740 CONDITIONAL USES 18.740.050 Approval Criteria The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: A. The characteristics of the site are suitable for the proposed development or use considering size, shape, location, topography, and natural features; B. The operating characteristics of the proposed use are reasonably compatible with surrounding properties, public facilities, or sensitive lands with regard to noise, vibration, air quality, glare, odor, and dust; C. The physical characteristics of the proposed development are reasonably compatible with surrounding properties, public facilities, or sensitive lands with regard to building height, location, and orientation; D. Any adverse impacts from the proposed development or use are mitigated to the extent practicable; E. The proposed development is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable; F. The proposed development complies with all applicable standards and requirements of this title, except where an adjustment has been approved or the approval authority has determined that a more restrictive development or design standard is necessary to address issues of compatibility or walkability; and G. Adequate public facilities are available to serve the proposed development or use at the time of occupancy. 18.920 ACCESS, EGRESS AND CIRCULATION Table 18.920.2 Vehicular Access/Egress Requirements: Nonresidential Uses Required Parking Spaces Minimum Number of Driveways Required Minimum Access Width Minimum Pavement 1-99 1 30 ft 24 ft curbs required 100+ 2 30 ft 24 ft curbs required 1 50 ft 40 ft curbs required 18.930 VISION CLEARANCE AREAS Vision Clearance Areas must be: o Maintained between 3 and 8 feet in height at road/driveway, road/railroad, and road/road intersections. o The size of the vision clearance area depends upon the abutting street's functional classification and any existing obstructions within the vision clearance area. o Vision clearance areas must be shown on the site plan and identify any obstructions in these areas. Service Provider Letters and Additional Contacts 7 The following service provider letters are required: ☒ Clean Water Services ☒ Tualatin Valley Water District ☐ Pride Disposal ☒ Waste Management ☒ Tualatin Valley Fire District: https://www.tvfr.com/FormCenter/Public-Records-7/Service-provider-permit-for-Tigard-77 Building: 503-718- 2439 / tigardbuildingpermits@tigard-or.gov Fire: Alex McGladrey, Deputy Fire Marshall; 503-259-1420 / Alex.McGladrey@tvfr.com Additional Comments or Issues Application Fees: • Comprehensive Plan Map Amendment - $6,185.23 • Conditional Use Review - $9,789.59 Additional Information ENGINEERING REQUIREMENTS (Chapter 18.910 and 18.920) All requirements relating to street and utility improvements are provided in the Engineering Checklist. DEVELOPMENT PERMITS Development permits will not be accepted until a land use approval has been granted. Comments from the Building Department are not included in these notes. For questions about the Building Code or building permits and related fees, please contact the Building Division at (503) 718-2439 or tigardbuildingpermits@tigard-or.gov. Final inspections will not be granted until all land use conditions of approval are satisfied. WASHINGTON COUNTY TDT AND CITY SDCS Washington County Transportation Development Tax (TDT) and City’s Transportation and Park System Development Charges (SDC) are due at time of building permit issuance. If you would like an SDCs estimate for your project, please contact Agnes Lindor, Associate Planner at AgnesL@tigard-or.gov. DISCLAIMER The pre-application conference and notes cannot cover all applicable requirements related to the proposed development. Failure of the staff to provide information required by Title 18 does not constitute a waiver of the applicable criteria, regulations or standards. It is recommended that the applicant read Title 18 or contact city staff with any questions prior to submittal.