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CPA2001-00001
r 4 . , 120 DAYS=N/A CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL II Case Number(s): Comprehensive Plan Amendment(CPA)2001-00001/Zone Ordinance Amendment[ZOA) 2001-00001/Zone Change(1010 2001-00001 • Case Name(s): Durham Quarry Name of Owner(s): Washington County Name of Applicant: Washington County, Attn: Larry Eisenberg Address of Applicant: 111 SE Washington Hillsboro, OR 97123 Location: Corner of 72nd Ave. and Bridgeport; WCTM 2S113AC, tax lot 01200 Request: > THE CITY COUNCIL HELD A PUBLIC HEARING ON THIS APPLICATION ON JUNE 26, 2001: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. Action: > ❑ Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice of the hearing was published in the newspaper and mailed to: • Owners of Record within the Required Distance ® Affected Governmental Agencies ❑ The Affected Citizen Involvement Team Facilitators The Applicant and Owner(s) Final Decision:9 THE DECISION WAS SIGNED ON AND BECOMES EFFECTIVE ON The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of. Tigard Planning Division or the City Recorder at (503) 639-4171. CPA 2001-0001 DURHAM QUARRY CITY OF TIGARD, OREGON ORDINANCE NO. 01-D`7 AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN AND DEVELOPMENT CODE CHANGES FOR THE DURHAM QUARRY SITE (CPA2001-00001/ ZOA2001-00001/ZON2001-00001). WHEREAS, The Durham Quarry consists of approximately 29 acres of land, 8 of which are located in the City of Tigard and 21 of which are location in the City of Tualatin; and WHEREAS, Tigard, Tualatin and Washington County have worked together to develop a plan for this surplus site which includes the proposed amendments and an Inter-Governmental Agreement ' (IGA) giving Tualatin review authority for the portion of the site in Tigard; and WHEREAS, the portion of the Durham Quarry site located in the City of Tigard is identified on WCTM 2S113AC, tax lot 01200; and' WHEREAS,the IGA is being developed but has not yet been signed; and WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the City standards, on 5-7-01 and voted to recommend approval of the requested amendments with concerns to the City Council; and WHEREAS, the Planning Commission concerns have been adequately addressed by the applicant based on information and testimony provided at a 6-26-01 City Council meeting; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards, on 6-26-01 and voted to approve the proposed amendments; and WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2, #9, #10, #12 and #13; Metro functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; and Community Development Code Chapters 18.380.030, 18.390.050 and 18.390.060 as detailed in the staff report(Exhibit 1). NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested amendments are approved based on the analysis and findings in the staff report(Exhibit 1). SECTION 2: The adopted comprehensive plan text amendment and development code text amendments, are shown in Exhibits 2 and 3. SECTION 3: The zoning on the property identified as WCTM 2S 113AC, tax lot 01200 is changed from I-P to MUC-1. ORDINANCE NO. 01- 0 7 is\Irpin\julia\cpa\durham quarry adoption ord.doc Page 1 of 2 05/31/01/1:33 PM s 111 SECTION 4: The approved amendments and zone change shall not be effective until the IGA has been signed by the City of Tigard and the City of Tualatin.. PASSED: By OM 11'MO tb vote of all Council members present after being read by number and title only, this at/41'day of 1,44,-,, - , 2001. • Catherine Wheatley, City Record APPROVED: By Tigard City Council this, day of � � , 2001. .;e J es E. Grif'•th, ay// Approved as to form. •> ity Attorney Date ORDINANCE NO. 01- 0-7 i:\Irpin\julia\cpa\durham quarry adoption ord.doc Page 2 of 2 05/23/01/4:08 PM iExhibit 1 Agenda Item: 5.1 Hearing Date: May 7, 2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OF TIGARD CO-$111414A4lity FOR THE CITY OF TIGARD,OREGON 5 ;, Co11unuvu,ty SECTION I. APPLICATION SUMMARY CASE NAME: DURHAM QUARRY CASE NO.: Comprehensive Plan Amendment (CPA) CPA2001-00001 Zone Ordinance Amendment (ZOA) ZOA2001-00001 • Zone Change (ZON) ZON 2001-00001 PROPOSAL: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres is within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to. a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. APPLICANT/ Washington County CONSULTANT: Frank Angelo OWNER: Larry Eisenberg Angelo Eaton and Associates 111 SE Washington 620 SW Main, suite 201 Hillsboro, OR 97123 Portland, OR 97205 COMPREHENSIVE PLAN DESIGNATION: Existing— Industrial Park (I-P), Proposed —Mixed Use Commercial (MUC-1) LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, and 7. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation of • APPROVAL of the requested comprehensive plan amendment, zone ordinance amendment, and zone change to the City Council. STAFF REPORT TO THE PLANNING COMMISSION • 5-7-2001 PUBLIC HEARING CPA2001-0000120A2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 1 OF 12 SExhibit 1, SECTION III. BACKGROUND INFORMATION - Site History The entire 29 acre property, known as the Durham Quarry, has been operating as a gravel quarry for many years. The property was owned and operated by Washington County. The gravel has been extracted and Washington County has declared the property surplus and wishes to sell it or lease it on a long term lease. Vicinity Information The property to the south of the subject site is the portion of the quarry site in the City of Tualatin. The property to the north is zoned Industrial Park (inside the City of Tigard) and developed with an industrial office complex. The property to the west is in the City of Durham and is zoned and developed residential. To the east is SW 72' Avenue and property zoned and developed General Commercial. Site information and proposal description Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres is within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. The City of Tualatin has already adopted essentially the same language that is being proposed with this application with the understanding that both jurisdictions will have the same standards and Tualatin will administer all land use and building permits for the entire quarry site. • SECTION IV SUMMARY OF REPORT Applicable criteria, findings and conclusions • Tigard Development Code.18.380 • Tigard Development Code 18.390 • Statewide Planning Goals • Applicable Comprehensive Plan Policies • Applicable Metro Standards Additional City staff and outside agency comments Staff analysis, issues and concerns Attachments: 1. Applicant's narrative/proposal (includes proposed text changes as exhibits) 2. Staff revised Comprehensive Plan changes 3. Staff revised Development Code Changes SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS Tigard Development Code 18.380 Chapter 18.380 states that 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: Demonstration of compliance with all applicable comprehensive plan policies and map designations; STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 2 OF 12 •, , ,f ` • ' Exhibit 1 As described within this report, the proposed change is consistent with all applicable comprehensive plan policies, Development Code standards, applicable Metro standards and applicable Statewide Planning Goals. The proposed amendment to the zoning district map will occur concurrently with the amendment of the Comprehensive Plan map from Light Industrial to Mixed Use Commercial, thus the proposed zoning amendments will be compliant with the Comprehensive Plan Map amendment. Compliance with the applicable Comprehensive Plan policies is addressed further in this report. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and • As discussed above and within this report, The proposed amendments are consistent with all applicable plan policies, development code standards, applicable Metro standards and applicable statewide land use goals. 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. When the Industrial Park (Light Industrial) designation was placed on this property in the Comprehensive Plan, zoning .map and Metro maps, the site was actively operated as a quarry. The land is owned by Washington County. Since that time, the quarry operation has ceased and Washington County has declared the property surplus, thereby resulting in a change in circumstances affecting the property. The cities of Tigard and Tualatin have been working with Washington County to identify an appropriate mix of uses for the site and have agreed to work together to help encourage a high quality, mixed use development on the site. Due to its proximity to 1-5 and arterial roads, it was determined that an industrial use would not be the most economic and efficient use of the land. In addition, because of the existing commercial zone to the south in Tualatin, an industrial zone would not provide an opportunity for a cohesive development over the entire quarry site. FINDING: Based on the analysis above and further in this report, the standards outlined in Section 18.380 have been addressed and satisfied. Tigard Development Code 18.390 Chapter 18.390.060G states that for legislative map and text amendments (comprehensive plan and development code) the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; • Any federal or state statutes or regulations found applicable; • Any applicable Metro regulations; • Any applicable Comprehensive Plan policies; and • Any applicable provisions of the City's implementing ordinances. This report addresses the applicable standards listed above and demonstrates that the proposed amendment complies with all applicable Statewide Planning Goals, Metro regulations, Comprehensive Plan policies and provisions of the Development Code. There are no applicable federal or state regulations other than those previously listed. FINDING: - As discussed in detail throughout this report, the proposed amendments comply, or can be conditioned to comply, with the standards outlines in 18.390.060.G. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 3 OF 12 Exhibit 1.' Statewide Planning Goals 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. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners within 500 feet of the subject site and notice was published in the Tigard Times prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) in which an opportunity for public input is provided. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. As discussed within this report, the proposed amendments comply with the Development code and Comprehensive Plan criteria. Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. The Durham Quarry was utilized as a quarry for many years. Tigard assisted in protecting this resource by zoning the property industrial, recognizing the quarry usage needs of the site. Now, however, the quarry has been fully extracted and no longer needs protection as a resource. The County has deemed the land surplus and has proposed a zone change which will allow a more economic and efficient use of the land than if the zone were to remain industrial. Since the quarry use no longer exists, the change would not violate Goal 5. There is also a wetland area identified on Metro maps along the southern portion of the property. The applicant has stated this resource was created as a result of the mining operation. They believe that this can be adequately addressed during development review under the existing USA, Metro and City Sensitive Land standards. Because there are numerous review processes in place and the applicant is well aware of the issue, staff feels comfortable that allowing the property to be zoned as proposed will not, in itself, violate Goal 5 issues. Staff has explained to the applicant that there is a risk that this resource will have to be protected and may affect the development proposal on this property. Statewide Planning Goal 9 — Economic Development: • The purpose of goal 9 is to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of Oregon's citizens. This is accomplished in part by requiring Comprehensive Plans to provide an adequate supply of sites of suitable size, location, etc., for Industrial and Commercial uses and to limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. While the proposed amendment will result in less industrially zoned land, the accommodation of a mixture of uses will promote opportunities for a variety of economic activities and will encourage diversity of development. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 4 OF 12 S i Exhibit 1 Statewide Planning Goal 10 — Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. The proposed amendment will allow multi-family residential development at a density of 25-50 units per acre. The City currently complies with this goal by having a variety of density levels in residential zones, however, allowing some residential density within a mixed use development provides another avenue for housing opportunities. Statewide Planning Goal 12 -Transportation: This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. The applicant has provided a traffic report, prepared by DKS Associates, which states that the change from I-P to MUC-1 on this property will not significantly impact the surrounding transportation system. It is recognized that there are traffic issues in this area, however, these will be addressed once a specific development plan and related traffic study have been submitted. Statewide Planning Goal 13— Energy Conservation. This goal is intended to encourage uses developed on land to be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Priority consideration in land use planning should be given to methods of analysis and implementation measures that will assure achievement of maximum efficiency in energy utilization. The allocation of land and uses permitted on the land should seek to minimize the depletion of non-renewable sources of energy. By providing for mixed uses on this site, it is anticipated that the energy demand will be minimized because fewer and shorter trips will be needed to obtain necessary services. In addition, the applicant has indicated that building design techniques that can promote energy conservation will be considered during future design review stages of the project. • FINDING: Based on the analysis above, staff finds that the proposed zoning does not violate applicable statewide land use goals. - Applicable Comprehensive Plan Policies Policy 1.1.11(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal conforms with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was approved for adoption on October 24, 1996, by Metro as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 5 OF 12 411 111 Exhibit 1. - The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners within 500' of the subject property to ensure that they will have'the opportunity to learn about the hearing and to participate in it. In addition, a neighborhood meeting was held on June 29, 2000 at the Tigard Fire Department, Station 51, 8935 SW Burnham Street, to present an overview of the proposed amendments to the community in accordance with the City's neighborhood meeting requirements. Policy 3.3.1 states that the City shall support the efforts of Washington County, Beaverton and Metro to ensure the availability of rock mineral resources. The City complied with this Comprehensive Plan criterion by designating the subject site industrial. As mentioned previously in this report, the quarry land is no longer in operation and has been deemed surplus by the County. The applicant has proposed changes to the comprehensive plan, which will delete the last finding discussing the Durham Quarry site. Staff supports this proposed change. Policy 5.1 stated that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Policy 5.5 states that the City shall prohibit residential development in commercial and industrial zoning districts except existing single family in mixed use employment shall be considered permitted uses and new multi-family density development shall be permitted and encouraged to develop at R-40 densities. Policy 5.1 is addressed because the proposed zoning will provide for a diverse mix of uses by providing a mix of commercial and residential opportunities on the same site. Policy 5.5 is addressed because the proposed mixed use zoning allows for residential development at a minimum density of 25 units per acre and a maximum of 50 units per acre. Housing: Policy 6.1.1 requires the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. This policy is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires that the City maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. The City is currently in compliance with this rule. The proposed Durham Quarry Mixed Use Commercial zoning will allow new multi-family developments and will therefore increase the supply of land available for multi-family housing. The current Industrial Park zoning only allows individual caretaker dwellings. Transportation: Policy 8.2.2: The city shall encourage the expansion and use of public transit by locating land intensive uses in close proximity to transitways; Incorporating provisions into the community development code which require development proposals to provide transit facilities; and Supporting efforts by TRI-MET and other groups to provide for the needs of the transit disadvantaged. The Durham Quarry mixed use development will allow the development of more intense land uses in close proximity to existing bus lines on 72"d Avenue and on Lower Boones Ferry Road. In addition, the site is within one-half mile of the Tualatin Park-and-Ride lot. The existing Development Code addresses the provision of transit facilities, therefore, required facilities will be provided when development is proposed on the site. The City of Tigard, together with the City of Tualatin and Washington County, will continue to work with Tri-Met on issues associated with the transit disadvantaged. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 6 OF 12 Exhibit 1 Energy: Policy 9.1.1: The city shall encourage a reduction in energy consumption by increased opportunities for energy conservation and the production of energy from alternative sources. Policy 9.1.3 states that the City shall encourage land use development which emphasizes sound energy conservation design and construction. Allowing mixed use development on the Durham Quarry site will encourage reduction in energy consumption by allowing the opportunity for housing to be located in close proximity to jobs and transit. Locational Criteria: Housing Policy 12.1.1: The city shall provide for housing densities in accordance with applicable Plan Policies; applicable Locational Criteria; and applicable Community Development Code provisions. Medium-High Density and High Density Residential policy 12.1.3.A The following factors will be the determinants of the areas designated for high density on the plan map: (1) Areas which are not committed to low density development; (2) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas; (3) Areas which have direct access from a major collector or arterial street; (4) Areas which are not subject to development limitations; (5) Areas where the existing facilities have the capacity for additional development; (6) , Areas within one-quarter mile of public transit; (7) Areas within one-quarter mile from neighborhood and general commercial shopping centers or business and office centers; and (8) Areas adjacent to either private or public permanent open space. The Durham Quarry site is not currently committed to low density development. Neighboring uses include a mix of office and residential in the City of Durham to the west, commercial to the east, light industrial to the north, and the remainder of the Durham Quarry site in Tualatin to the south. The existing development code has buffering and screening standards which will protect the existing residential neighborhood in the City of Durham. The Durham Quarry site will have direct access via Bridgeport Road and/or 72' Avenue, both of which are designated as major collector streets. While there is a potential water resource area on the site (as discussed previously in this report) it is not believed to be a significant limitation to development in that development could be planned around it and the resource could be incorporated into a development proposal if protected. As described in the applicant's submittal - Exhibit F (traffic impact assessment from DKS), the proposed rezoning from IP to MUC-1 will not significantly impact the City of Tigard's street system. In general, mixed-use development can benefit the transportation system by reducing the overall number of trips by providing more opportunities for employment and retail activities on the site. Any proposed development on the site would necessarily provide transportation improvements sufficient to support proposed new development and land use densities. Water, sewer and stormwater facilities are or will be available to the site when development is proposed. Existing bus lines serve this area via 72nd Avenue and Lower Boones Ferry Road. The applicant has indicated that neighborhood and general commercial shopping, business and office centers will likely be located on the Durham Quarry site, together with any proposed multi-family residential. The Durham City Park is the closest park to the site. It is located approximately one-half mile away. The applicant will be required to provide a minimum of 10 percent landscaping. During the design review process through the City of Tualatin it is anticipated and encouraged that there would be some common areas within the development dedicated and designed for public gatherings. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 7 OF 12 Exhibit' 1 • ' Policy 12.1.3.B states that the following factors will be determinants of the density ranges allowed in the medium-high and high density planned areas should the City adopt more than one, high density zone: 1) The topography and natural features of the area and the degree of possible buffering from established low density residential areas; 2) The capacity of the services; 3) The distance from public transit; and 4) The relationship of the site to existing neighborhood and general commercial centers and office and business centers. Given the topography, natural features and degree of possible buffering from the established low- density residential area to the east, the Durham Quarry site is well suited to the proposed density of 25 to 50 units per acre. Existing bus lines serve this area via 72nd Avenue and Lower Boones Ferry Road. Given the relationship of the site to existing neighborhoods and the potential for the on-site development of commercial centers and office and business centers, the Durham Quarry site is well suited for the proposed density of 25 to 50 units per acre as part of the overall mixed-use development. Much discussion occurred with the City and service providers in determining the best use of this land and staff has received no capacity related concerns for this site as a mixed use development. Commercial Policy 12.2.1 A. Provide for commercial development based on the type of use, its size and required trade area B. Apply all applicable plan policies C. Apply the appropriate locational criteria applicable to the scale of the project. • The Washington Square Regional Center Plan included amendments to the Comprehensive Plan locational criteria related to Mixed Use developments. The City Council adopted these amendments but delayed implementation until further study was done. In the interim, there are adopted standards that are not formally incorporated into the Comprehensive Plan. The applicant's proposal calls for some amendments to the Mixed Use Development language already adopted as part of the Washington Square Regional Center. Because the original language has not been incorporated into the Comprehensive Plan, the Council will need to adopt a portion of the Mixed Use section which relates to this development. The applicant's submittal (Exhibit A-3) shows the proposed amendments, however, staff has also included an attachment showing the entire language that must be adopted and included in the Comprehensive Plan in order to state that this proposal meets the Comprehensive Plan criteria and standards. The text staff is asking to be adopted is labeled ATTACHMENT 2 FINDING: Based on the analysis above, the proposed amendment complies, or will comply after suggested changes are made, with the applicable Comprehensive Plan standards and criteria. Applicable Metro standards Metro Functional Plan Title 1 — Requirements for Housing and Employment Accommodations Functional Plan policies in Title 1 seek ways to increase the capacity within the urban growth boundary, such as changing local zoning to accommodate development at higher densities in locations supportive of the transportation system. While the City currently complies with density requirements, the proposed amendments allowing mixed use development, including multi-family residential at densities of 25 to 50 dwelling units per acre, are supportive of the intent of Title 1. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 8 OF 12 • Exhibit 1 Metro Functional Plan Title 3 — Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation Protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas. Establish buffer zones around resource areas to protect from new development. As stated previously in this report, a small portion of the southwest corner of the site appears on Metro's Title 3 map as a wetland area. This portion of the site included quarry operations and has been disturbed. Since this resource is mapped, issues related to Title 3, if any, will be addressed during future development review actions utilizing USA standards as well as the City of Tigard's Sensitive Lands Review standards. Metro Functional Plan Title 4— Retail in Employment and Industrial Areas This title restricts some types of commercial development in designated Employment and Industrial Areas. The Title 4 "Employment and Industrial Areas Map" designates the Durham Quarry site as an "Employment Area". Metro Code 3.07.420.0 states that areas that do not allow retail uses larger than 60,000 square feet in Employment Areas shall continue to prohibit them unless they meet one of the exception criteria. The Durham Quarry site is zoned industrial and designated as an Employment Area on Metro's 2040 Growth Concept map. The. applicant's proposal shows limiting "bulk sales" and "repair-oriented" commercial uses to no larger than 60,000 square feet of gross floor area per building or business, however they have not proposed to limit sales-oriented uses. Metro provided comments to this extent stating that the applicant can either ask for a Title 4 map amendment removing this area as an Employment Area, or restrict the amount of retail to no larger than 60,000 square feet per building or business. Staff asked the applicant to respond. The applicant has stated that they would prefer to amend the zoning regulations to restrict sales-oriented retail and personal services to no more than 60,000 square feet per building or business. Staff has provided an attachment (ATTACHMENT 3, pg. 4) which reflects the changes proposed by the applicant with this additional restriction added. Metro Functional Plan title 7 — The intent of this section is to provide a choice of housing types, that regulation barriers to sufficient and affordable housing are reduced for households of all income levels that live in the region, that housing opportunities commensurate with the wage rates of jobs are available within each subregion, a process for addressing current and future need for and supply of affordable housing is initiated, and concentrations of poverty are reduced. By providing for a residentialcomponent, the applicant will be providing additional housing opportunities for people within this region. FINDING: Based on the analysis above, the proposed amendments will comply with the applicable Metro standards provided the retail uses are limited to 60,000 square feet per business or use as shown in Attachment 3, pg. 4. SECTION VII. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Police Department, City of Tigard Operations Department have reviewed this proposal and offered no comments or objections City of Tigard Engineering Department has had an opportunity to review this proposal and offered no comments or objections. City of Durham has had an opportunity to review this proposal and pointed out that the subject site map provided in the applicant's submittal (page 3) is incorrect. They indicated that they would likely provide additional comments but none have been received to date. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 9 OF 12 • S Exhibit: 1 City of Tualatin has had an opportunity to review this proposal and provided comments which are summarized below: The applicant's materials, p. 5, Table 1 states Repair oriented and bulk sales uses are restricted to 60,000 square feet but it does not explain exactly what the restriction is. Further in the materials (Exhibit B, p.7) there is a footnote that states "per building or business". Tualatin recommends that this language be deleted since their code does not have this same limitation. Tualatin's code refers to the 60,000 square feet in terms of building footprint. Staff response: Metro has provided comments indicating that because the property in Tigard is a designated Employment Area, retail uses (including the addition of sales oriented and personal services) must be limited to 60,000 square feet per building or use. Because of.this, the restriction must remain on these uses even though this will result in a slight disparity between Tigard and Tualatin standards. Tualatin also pointed out that Exhibit B, p. 2 states that the maximum density of 25 units/acres. Staff has contacted the consultant and determined that this was a typo. Staffs proposed text changes (ATTACHMENT 3, pg. 3) reflects the correct language. Tualatin has concerns that the proposed language (Exhibit C, p. 3, 18.640.200, A.3) refers to the proposed IGA for resolving conflicting standards. Tualatin's language refers to an Architectural Review board which shall resolve conflicting standards based on criteria which a.) give deference to using 18.640 and b.) use the standard that will yield the highest quality development. Tualatin recommends that Tigard incorporate the same criteria into this section (without reference to the Architectural Review Board) because of the potential problems with having criteria and standards in the IGA, which is not a land use document. Staff response: It is staff's understanding that this was proposed the way it was because originally, it was proposed to use the same language as Tualatin, however the City of Tigard does not have an Architectural Review Board. The intent is to allow Tualatin's process to review the entire site, which includes review by the Architectural Review Board. Further, it is staff's understanding that the `terms"of the IGA would be that Tualatin's process is what is used to review land use proposals on the Tigard property, therefore, it is not a land use decision and will not result in conflicts. In any event, staff found that the applicant had proposed two separate sections to address conflicting standards.- The section referred to by Tualatin has been deleted and there are no references to the IGA in Section 18.640.040B. The final comment from Tualatin is pointing out a typo in Exhibit C, p.5, 18.640.300, G, Parking. The typo currently reads "It there is no alley..." and should read "If there is no alley..." This typo has been corrected in staff's proposed text changes (ATTACHMENT 3, pg. 15). Washington County has had an opportunity to review this proposal and offered no comments or objections. DLCD has had an opportunity to review this proposal and indicated concerns that the proposed code language does not include certainty and direction to ensure that there will be a residential component in future development on the site. DLCD recommends additional code language that provides regulatory measures and incentives to increase the likelihood of mixed-use development on the site. One of the measures recommended is to limit the square footage of retail development and of single-use retail structures. It is also suggested that the City consider code language that encourages or requires "vertical" mixed use. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 10 OF 12 • Exhibit 1 DLCD also points out that, while the applicant states the designation will not significantly affect the transportation facility, Section 660-12-060 of the Transportation Planning Rule still should be addressed. It is noted that to successfully implement statewide Planning Goal 12, land uses and the transportation system for this area must be integrated and designed to maximize efficiency and reduce reliance on the automobile. • Staff response: In response to Metro's comments, as discussed previously in this report, the standards for retail uses will be changed to limit the size of buildings and uses for retail to 60,000 square feet (in accordance with Metro standards). There are no state or regional standards which require a residential component for development proposed on this site. Mixed-use development is encouraged, however, Tigard complies with the housing density requirements throughout the City without this property being included. There is no need, therefore, to place additional requirements on this property to ensure housing is developed. In response to the transportation comments, the applicant does not have a specific developer lined up, nor a proposed transportation system plan for the development. When a specific plan is proposed, it will be reviewed in accordance with the standards of the Development Code with consideration to maximizing efficiency and reducing reliance upon the automobile. This standard will be thoroughly addressed at time of development review. Metro Land use and Planning Growth Management has had an opportunity to review this proposal and have offered comments regarding Title 4 compliance which have been incorporated and addressed within this report. Their comments state that the quarry site is an employment area, designated on the Title 4 maps and as such, cannot allow retail uses larger than 60,000 square feet per building or use without a Title 4 map amendment. Oregon Department of Transportation has reviewed the proposal and has provided the following comments: "as noted ODOT has no objections and has been involved in the process. Our issues pertaining to mitigating traffic impacts on the interchange will be addressed at the development stage." City of Tigard Water Department has reviewed the proposal and has offered the following comments: "It is the intent that Tualatin will also be the provider of water to this site?" Staff response: It is Staff's understanding that Tualatin will be the service provider for the entire development site. The details will be worked out in an Intergovernmental Agreement. SECTION VI. STAFF ANALYSIS, (SUES AND CONCERNS Based on the information above, the proposal complies with the applicable Development Code, Comprehensive Plan, Metro and Statewide Planning goal standards with the following exceptions: • Proposal must include the full version of the Washington Square Regional Center language regarding Mixed Use Commercial development adopted into the Comprehensive Plan, and • Proposal must show that sales-oriented and personal service retail uses will be limited to no more than 60,000 square feet as proposed by the applicant. Provided these changes are made, staff finds that the proposed Comprehensive Plan text and map changes and the Development Code changes meet the applicable standards and can be approved. In addition to these technical issues, staff has concerns about the logistics of the zone change given STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 11 OF 12 • Exhibit'1 ' that the anticipated IGA has not been developed or signed. One of the main reasons for the zone change and staffs support of it is that it will allow an efficient development of the entire quarry site. Staff does not want to allow this zone change to move forward and then have something fall through and be faced with a developer wanting to develop a non-cohesive development on Tigard's portion alone. With that in mind, staff is recommending that the zone change and text amendments be effective upon the signing of the Intergovernmental Agreement between the City of Tigard and the City of Tualatin. • April 26, 2001 PREPARED BY: Julia Hajduk DATE Associate Planner • April 26, 2001 APPROVED BY: Nadine Smith DATE Long Range Planning Manager is\Irpin\julia\Durham Quarry staff report.doc • STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 12 OF 12 Exhibit 2 Proposed Tigard Comprehensive Plan Text Amendments For the Durham Quarry Mixed Use Development The following changes are the applicant's proposed changes with modifications by staff as discussed in the staff report. Because portions of the text being amended were adopted as part of the Washington Square Regional Center Plan which has not been implemented and incorporated into the Comprehensive Plan, the italicized text(which represents the text adopted as part of the Washington Square Regional Center Plan) must be adopted and incorporated into the Comprehensive Plan at this time as well. The underline text represents proposed additions and the text with ctrik„ throughc represents proposed deletions. Tigard Comprehensive Plan, Findings Policies & Implementation Strategies, Volume II 1. GENERAL POLICIES IMPLEMENTATION STRATEGIES 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply the land use categories in the following manner: Strategies a. through j. no change n. Mixed Use Commercial District—Principle development in these areas will be high density office buildings, retail and service uses. MUC districts will encourage larger buildings with parking under, behind or alongside the structures. There are two applicable mixed use commercial zoning districts: MUC and MUC-1. A zoning designation of MUC will also allow mixed-use development and housing at densities of 50 units an acres. - - _ • - --- -- - - -- - - • - _ . _ , . - _ _ _ _ -- - - . - . The Regional Center Plan recommends that land around the Washington Square Mall and land immediately west of Highway 217 be designated a mixed use commercial distictMUC. A zoning designation of MUC-1 will allow mixed-use development and housing at densities of 25 to 50 units an acre. The MUC-1 district is applied to the Durham Quarry site. 2. CITIZEN INVOLVEMENT—no change. 3. NATURAL FEATURES AND OPEN SPACE—no change. 3.3 NATURAL RESOURCES Findings: CPA 2001-0001 DURHAM QUARRY EXHIBIT 2, PAGE 1 OF 4 • • Finding 1 -no change Finding 2-[delete] "-- - - . -- . . - - .. _ - -- . 4. AIR, WATER AND LAND RESOURCES QUALITY-no change. 5. ECONOMY POLICIES 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT, AND ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS. (THE DENSITY OF RESIDENTIAL DEVELOPMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE R-40 DISTRICTS.)ANB; EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI-FAMILY DEVELOPMENT SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT R-40 DENSITIES..-; AND WITHIN THE MUC-1 DISTRICT,WHERE RESIDENTIAL USES SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25 UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE. RESIDENTIAL USES WHICH ARE DEVELOPED ABOVE NON-RESIDENTIAL USES AS PART OF A MIXED USE DEVELOPMENT SHALL NOT BE SUBJECT TO THESE DENSITIES. 6. HOUSING -no change. 7. PUBLIC FACILITIES AND SERVICES-no change. 8. TRANSPORTATION-no change. 9. ENERGY-no change. 10. URBANIZATION-no change. 11. SPECIAL AREAS OF CONCERN-no change. • 11.9 [RESERVED FOR WASHINGTON SQUARE REGIONAL CENTER] 11.10 DURHAM QUARRY MIXED USE DEVELOPMENT AREA In 1999,the City of Tigard,the City of Tualatin and the property owner,Washington County, agreed to work together to encourage a high quality, pedestrian-friendly, transit- CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2,PAGE 2 OF 4 • • oriented mixed use development on the site of the Durham Quarry site. Only 7.2 acres of the 28-acre site are within the City of Tigard, the remainder is within the City of Tualatin. The jurisdictions have been working together to develop an intergovernmental agreement wherein the City of Tigard would authorize the City of Tualatin to make land use and building permit decisions for the portion of the quarry site within Tigard. POLICIES 11.10.1 THE CITY OF TIGARD WILL CONTINUE TO WORK WITH WASHINGTON COUNTY AND THE CITY OF TUALATIN TO HELP ASSURE THAT DEVELOPMENT WITHIN THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA PROVIDES A HIGH QUALITY URBAN ENVIRONMENT THAT EMPHASIZES PEDESTRIAN CONNECTIVITY. 11.10.2 THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA SHALL BE SUBJECT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUALATIN WHICH WOULD AUTHORIZE THE CITY OF TUALATIN TO • MAKE LAND USE AND BUILDING PERMIT DECISIONS FOR THE PORTION OF THE QUARRY SITE WITHIN TIGARD. 11.10.3 A UNIQUE MIXED USE DISTRICT HAS BEEN ESTABLISHED FOR THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA KNOWN AS MUC-1. 11.10.4 THE MUC-1 DISTRICT IS INTENDED TO PROMOTE DEVELOPMENT WHICH ALLOWS A MIX OF USES,INCLUDING RETAIL, SERVICES, OFFICE AND RESIDENTIAL. THE MIXED USE COMMERCIAL DESIGNATION SHOULD ENCOURAGE DEVELOPMENTS THAT ALLOWS PEOPLE TO WORK, SHOP AND LIVE IN A COMPACT, PEDESTRIAN- ORIENTED COMMUNITY. 11.10.5 NECESSARY PUBLIC FACILITIES INCLUDING SEWER,WATER AND DRAINAGE FACILITIES, SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED,IN TIME TO SUPPORT NEW DEVELOPMENT. 11.10.6 NECESSARY TRANSPORTATION FACILITIES,AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT, SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED,IN TIME TO SUPPORT NEW DEVELOPMENT. 12. LOCATIONAL CRITERIA [NOTE: Section 12.5 added by Washington Square amendments which have not been implemented and incorporated into the comprehensive plan. Portions of the text must be adopted and incorporated as part of this proposal. While the applicant's proposal includes the entirety of the Washington Square adopted text,the text below includes only the pertinent information which must be adopted as part of this proposal. ] • 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2,PAGE 3 OF 4 • • b. APPLICABLE PURPOSE STATEMENTS;AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS 1. Mixed Use Commercial A. The purpose of the Mixed Use Commercial(MUC) land use designation is: 1. To create a dense mixed-use commercial district that forms the commercial core of the Washington Square Regional Center; 2. To create a high quality, mixed-use commercial district,in • conjunction with the City of Tualatin,on the site of the former Durham Quarry; 3. To provide opportunities for major retail goods and services, office employment, and housing in close proximity, and with good access to transportation services; 4. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. Policies 12.5.2. THE CITY SHALL APPLY MIXED USE COMMERCIAL LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT OR TO OTHER AREAS IDENTIFIED BY THE CITY AS APPROPRIATE FOR MIXED USE COMMERCIAL DEVELOPMENT. IMPLEMENTATION STRATEGIES 1. The Community Development Code shall: a. Include et two Mixed Use Commercial District; MUC and MUC-1; CPA 2001-000f DURHAM QUARRY ATTACHMENT 2,PAGE 4 OF 4 • • Exhibit 3 Proposed Text Amendments to the Tigard Development Code The following changes are the applicant's proposed changes with modifications by staff as discussed in the staff report. The underlined/shaded text represents proposed additions and the represents proposed deletions. Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A. Provide range of commercial services for City residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the City so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use, including residential, commercial and institutional activities, in new and re-developing commercial areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 18.520.020 List of Zoning Districts - A. C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at least one-half mile, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and collector street. Housing is permitted on or above the second floor of commercial structures CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 1 OF 15 • 11 at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the F2- 12 zone. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions, and transit-related park-and-ride lots, are permitted conditionally. In addition to mandatory site development review, design and development standards in the C-C zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian-friendly. C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. D. 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. E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. F. 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. G:•MUC-1: '-Mixed Use C ommercial - 1. The MUC-1 zoning district, which is designed to apply to that'portion of the Durham Quarry site within the City of Tigard, is a mixed use'.commercial :district bounded by 72nd—Avenue, Findlay Street and the Tigard Tualatin»and -.Durhamm city:.limits.• This 'Site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement.the City .of-Tualatin shall furnish all planning, building. and associated development review/permit services for..the property.. This zoning district is intended to mirror.the City of Tualatin's Mizell-Use Commercial Overlay District (TDC, Chapter 57).• If CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 2 OF 13 •.?'_«..,p.. �,u... .y;......a..::t.ta` S<i.afi:.x.t.-.arc b`x. x• permitsa`w�de.ra°nge.of{uses:�ncludmgcommercial1odging:general.$retail 4offices'and l ousing =:the latter includes multi-famil housin a " y it g�``" `� q�� t�:�a- minimum= density�,of:�25 unit"sl acre<and�a�maz�mum:of��50�`=units/acre�Additional�u`ses;�rncludinq€=tiuf�nefe limited to .major event entertainment rand- motorW„Ne if ev.retail fuel`=sales;:areZr ermltted conditionally: -ln addition'.:to`:the`standards of this chapter,~development=within this orie is£sutiject to:the stand6rds'1of-18..640: 18.530.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.520.1. C. Accessory structures. • 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit. • 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities • (Chapter 18.798), shall have setbacks equal to or greater than the height of the - proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1 C-05 C-G C-P CBD MUE2° M17C-1 RESIDENTIAL Household Living N R6 R11 R13 R" R21 n26 Group Living N N C N P N C Transitional Housing N N C N C N C Home Occupation R2 R2 R2 R2 R2 R2 P CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 3 OF 13 • TABLE 18.520.1 (Continued) USE TABLE: COMMERCIAL ZONES - USE CATEGORY C-N1 C-05 C-G C-P CBD MUE2° MUC-1: CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C Colleges N N N N N C C Community Recreation NP N N P C N Cultural Institutions PP P P P P P Day Care P P P P P P P Emergency Services P P P P P P P Medical Centers C N C C C C C Postal Service PP P P P P P Public Support Facilities PP P P P P P Religious Institutions C C P C P Pb Schools N N N N N C E Social/Fraternal Clubs/Lodges C C P P P P P COMMERCIAL Commercial Lodging • N N P R14 P P P. Eating and Drinking Establishments C P P R15 P P Entertainment-Oriented - Major Event Entertainment N N C N C N C - Outdoor Entertainment N N P R15 P N N - Indoor Entertainment P P P P PP P - Adult Entertainment NN C N C N N General Retail - Sales-Oriented P P7 P R16 P R22 R25 - Personal Services P P P P P R22 R25 - Repair-Oriented P P _ P N P R22 F225 - Bulk Sales N N P N N R22 F229 - Outdoor Sales N N P N N N N - Animal-Related N N N N N P P Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C N N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22 R25 - Vehicle Fuel Sales C C C N C N C Office P R9 P P P P P Self-Service Storage N N C N N N N Non-Accessory Parking C C P P P P P INDUSTRIAL Industrial Services N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N - General Industrial N N N N N N N - Heavy Industrial N N N N N N N Railroad Yards N N N N N N N Research and Development N N N N N R24 R24 Warehouse/Freight Movement N N N N N R24 N Waste-Related N N N N N N N Wholesale Sales N N N N C N N CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 4 OF 13 • TABLE 18.520.1 (Continued) • USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1 C-05 C-G C-P CBD MUE2° MUC=T OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N IV Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 PIR?' Rail Lines/Utility Corridors P P P P P P P Other C4 co NA NA C19 NA • FlA P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in 18.520.050B. 'Residential units permitted by right, as a mixed use in conjunction with .a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are • limited to 40,000 gross square feet or less. 'Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 11A single-family unit providing that it is located on the same site with a permitted or conditional • use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 5 OF 13 14 • Restaurant permitted with • restriction in size in conjunction with and on the same parcel as.a P 1 P commercial lodging use. . 15As 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. 16May not exceed 10% of the total square footage within an office complex. 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20All permitted and conditional uses subject to special development standards contained in 18.520.0500. • 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22Retail and sales uses may not exceed 60,000 gross leasable area per building within the Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted. 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. • 24Permitted 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. 25Permitted provided'the:use is no larger,than 60,000 square feet of gross floor area per building Or business 1 26Household living limited to single units; attached, and multi-family including but not limited to ` apartments, attached condominiums, townhouses and rowhouses"-gat .'a minim um: density of 25 dwelling Units per acre and a maximum density of 50 dwelling units per acre? UVireles :orily as attached to structure within height limit-see Chapter 18.798' 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.310 and 18.320; 2. All other applicable standards and requirements contained in this title. CPA2001-00001 DURHAM QUARRY • EXHIBIT 3, PAGE 6 OF 13 0 . _� B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES MUE CBD Residential R-25 STANDARD C-N C-C[4] C-G C-P CBD R-40 R-12 C-G MF DU* MUC-1I Minimum Lot Size 5,000 sq 5,000 sq ft None 6,000 sq None None None None - None -Detached unit ft - - ft - - - - 1,480 sq = -Boarding,lodging,rooming - - - - - - - - ft _ house - 6,100 sq ft l Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None Minimum Setbacks -Front yard 20 ft 0/20 ft[5] 0 ft[6] 0 ft[6] 0/30 ft[7] 20 ft 20 ft 0 ft[6] 20 ft See -Side facing street on corner& 20 ft - - - 0/30 ft[7] 20 ft 20 ft - 20 ft Rf:640 through lots[1] - 050(BZ -Side yard , 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 10 ft[9] 10 ft[9] 0/20 ft[3] 10 ft z -Side or rear yard abutting more - - - - - - - - 30 ft Li restrictive zoning district -Rear yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 20 ft[9] 20 ft[9] 0/20 ft[3] 20 ft -Distance between front of - - - - - 20 ft 20 ft - 20 ft garage& " property line abutting a public or private street. Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft[8] 60 ft 60 ft 45 ft 45 ft 70 ft Maximum Site Coverage[2] 85% 80% 85% 85% 85% 80% 80% 85% 80%[11] 90 9/a Minimum Landscape 15% 20% 15% 15% 15% 20% 20%[10] 15% 20% y10% Requirement [1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [2] Includes all buildings and impervious surfaces. [3] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [4] See Section 18.520.050B for site and building design standards. [5] No front yard setback shall be required, except a 20 foot front yard setback shall apply within 50 feet of a residential district. [6] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745 and 18.795 must be met. [7] There are no setback requirements, except 30 feet where a commercial use within a district abuts a residential zoning district. [8] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. [9] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [10] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall be met for existing and new development. [11] Lot coverage includes all buildings and impervious surfaces. *Multiple-family dwelling unit C-N-Neighborhood Commercial District C-C-Community Commercial District C-G-General Commercial District C-P-ProfessionaVAdministrative Office Commercial • CBD-Central Business District • MUC1=:Mixed USG=Commercial CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 7 OF 13 • 18.520.050 Specia Limitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Section 3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment; and 4. Uses operating before 7:00 AM and after 10:00 PM shall be subject to the conditional use provisions, as governed in Chapter 18.330. B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; • 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities, and as allowed in Sections 3 and 4 below; 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail, where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than 5% of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject to conditional use provisions, as governed by Section 18.330. C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient lodging, shall not be subject to this requirement; 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. D. 1n the.MUC-1 zone.,In-addition to the standards of this-Chapter,`development Vane' MUC-1: zone is subiect to Chapter 18.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin! 18.520.060 Additional Development and Design Guidelines- [No changes.] CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 8 OF 13 • , • • H A PITE Tifd4 bURHAM'QUAkkftEtidfi'grANDAIRtig Seótioi _ :64titi2-6.-.'',-1:14e'rriiitieilUiei_ I8:640:036: '-'-Conditiolial.Utei ht:640-.040 AppiicabiIiv 18.640.050 DëvéIöbIneñt Standards i6O070 Not Used ?1-8.-640A8O: Used 1646760 Not Used 18. 40.i00. ccés Standard 18640500 Off-StTarkinq and Loadin frifisfatifttittYgtii■ifttiiiiieiitg8taiiddidg Fra'40:til ith'etiiiitafe:'br,thif.'diftribriff.16-"tebdefriiie Tantli:66661iirnddaq ther76Ffaiiali-ei bldidètiáit aditisesSA rroxirnateIy 7 acre Dortion of the DurKarn Quarry site that are vs■ithin.4hbtityi-:6fliOr'cr in th iSeTtaiglefitiee'f':e-fe'eliiiiti'aiiieti, but:i'esideiltietufef.,:gi-'6;difo'dlioWsed:':,:1-A-ffe-65nOilifiii3feig -i-"4 Pe triiittetrU f A,.. :061-iiiiitteati62ai-7671h6§-6.10§6 .;tiermitted-otitright bt-Wittfid§frieli C-1 base • E6ifelitiffiferitio':86eti&H.&62-0 036d • 113640:030- Ai.!:st'oliditio'ndfuf'e'g''.dFe':TFC6feAifef toy 5.520030J, 'It:640:040 Ai:ThaSe,desiijn`,StahtlardS-4i-O:appliad;,1n the Citji:of.TiOrd_rtdtheDurhaiil,QUareySite.:-:Th'd tioiintlatiegiotthre'Sifa.,ate'-das'OtilYea'bv:theAntercioVerniffehtal.Adi=aaitient dated B Conflicting standards In addition;to the standards of 18:520 (Commercial,Zoningljisiria taiid-otheff--.61513licable'fiteiderdf of the development code the following design standards rxlytôá II TdeVelophientItiCeted4ithiti,itie DufhaitiOuati-Vikithin Ihei.MUC-A2one. the tad41 Standaidsin'thisSeCtion shall governi CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 9 OF 13 18.640.050 Development Standards A-::Deyelopment-shall.comply with applicable development standards;except where'variances' and minor variances are 'granted in accordance with the terms of the Interaovernmental Agreement between Tigard and Tualatin i B. ,Development standards:!___ a1. Minimum lot area: Noe? 2.- Minimum building setbacks: None:_ _ _ _ Except as determined in the Architectural Review_process, maximum:building setbacks are( a. Commercial: 10 feet front and streetside; 0 interior side and rear, except when'the side'and rear abut a residential district it is 20 feet i b.'Residential: 20-feet front; O'rear and interior-side;except when the side and-rear abut a residential district it is 20 feet; 20 feet streetside? 4: Minimum building height: Except.for theaters arid cinemas which can be-one stery,.20: feeti 5 Maximum building height::70 feeti 6:' -Density requirements For determining flabr.area ratio(FAR) and residential.densities h 8:640.060`shallbe Used toestablish-the lot areal a:: :The miniriiumFAR for non`=residential development and.mixed=use"development which includes a residential component is 0:50. Inmixed-use developments residential floor area is included in the.calculations of FAR.I b."-The minimum density'for residential-only proiects`is 25 dwelling units per net acres There'is'no`FAR4Orresidential=only proiectsl b77--The maximum:density for`residential-only projects is•50=:dwelling unitsper net'acre I, 18:640:060 DeterminingNet Acres Net.acres:shall be,deterrriined by subtracting the following land areas from the gross acres (alt- bf the land included inthe leaal description Of the property to be developed): A The following sensitive'land areas' Land within the'100-year floodplain • Land exceeding 25% slope 3':ry-Drainage ways; and ▪ \Ntetlands.l __ C:" Lthnd.dedicated-to the'public-for park purposes;E_ D.'''Land dedicated'tothe public for rights-of way.When actual information-is'not available: the following'forrnulas"may be used: 1 -:.Singie-family development:`allocate 20% of gross acres 2. Multi-family development including but not limited'to apartments, condominiums and townhouses : allocate'15% of'gross acres:'and E Land proposed-forprivate streets 18.640.070 Not'used X18:640.080 Not used ;18:640M90: .Not used 18.640.100: Access Except as pr'ovided'below,'no.lot shall be'created without provision'for access to the pub-rid-right) . of:way in°accordance with 18:705:Such-access may be_provided.by lot frontage On a:public 'streetor.by creating uninterrupted vehicle and-pedestrian access between the subject lot and the•public str'ee't? CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 10 OF 13 • • - . • • 978 6 4 0 2 0 0 46 Deii AIibiIitJ D'egih;:lRiihoolesDesidnetaridar'de:foliblie:etreatiiiliSrovaments,fdittheiD.LitharrizQuady itaadtleasa several important duidind:princidleajficludinTcreating4hign4liialityniikeddisa rea',,4r=ovidinij'a coneniént pedeeriah,arid.bike■kay system and'ai I ,atiaaisead'eld • _2dreafePaThi414-1616". CarifOienanda4telk:da-Valodinant, i n cl d (re nidifa I i :aiiell'eenixiati n_ ip faMilitesidehtial uses. 'aid'axdadtattiO coitribdtóthé Charadtet..and,eliA10:OflheTarea:lhdditioh.Adii-ieeting' the da§i6ri:itandard-a',`'itektitie'd b-elifiVOrid:dthet-tieVelodh-Iebt:staridarde.reauii=erabV:thabeveloorhatif htftillid developments ëñts WillbeRifred facilities'ailditia-a::-eaiifaii-'iai'ke"1-.4afgE*aiid*-,,ttdi&rdtairiatia; and-fiaiiieftiat&iiilfiiiiidiiidfirtdial irMegiWalitiilaliatotigirdliiiWol'affraiitirOMICAti *Mar*CdVenti'diAlfin.irdirnrarigkg gifel • BSitèDe sin'Sta'ridard-§:,-DaVeladnierirghalliirifeetthrdifdlliSitinOiteldeii§eVataaidal • riogdf]MaWalial■AtifdiTAF Waal inieis'adtibriaifkiardf',-and-fKie 277.bilitatiiqi'etlikk8e'elf8::640YO66(8):1 16.rf-ZiftZVValdttia'dk:qfa'sTanllrdfggfdadii-gtijf-gatarAfialitOleataand.a"d'a'd'ii-Tdlralitaf'da'd'gM ginard4gtiffkad igkiialitidliatfreYgreeTal-WinatbeVedViaettib'etiggiiiai'gfirdatirelgikita neggti-TeKt net fed'd i red itnaa'aifiaiii -gtiaikfi'ali3riNidesa?6iialfifie<alg'Xtanffitg-6rnVitifaiIlt3erdeVgr6Tcgdiltd'igffPil di-tatilalidifaitil4nialidaftfaitaTeTi-MAIRafairrYa'dedfai-VM ghaff6Vc6nitirdiliat.ifaIhrT6TrialgitaintreltdEllaffd bifi'aii'.gffeat*fi.Trili4ifiTijVeW?atrdIr'*gKI'tigrerafaaglfra'lr'eli'ritiibriteTt61frelnliiirn-IM kkaiDitio-equirettentsr. 47-"A.Wallaibi'ddhlreClibROgiii k 15-gfi7e'eTig building sentrance and a Dublic street or accesswav The walkway gh1116elaWalirg regiTi id d edaVed 4i1Wo:i..**-7aredifelate'i,dr:rhodulai76aViri-d4iiat'ariale?Biliirdiprei giffealiegg'6.''fraf-.:*66telailigaral6iftillati'gfinTaii•gelibTreaVe4aikiired Yrtfe s e.'"'TaMnal.Yg Ka'I fallia;7fiiiiiini'"irm"fanedgCalS464.4-446ifaffi:eri, Parking Iocationarid landscape design' Parking for buildings or pRes djdnttd i1151[6' 1I-bet,:lidridA■Tar shall be loted Adiftegiaa"di,j.fagbfin-6*iCeetiltMia'd 'adikelifft6A6i'6:th6Kbi6!:60-tillariti-661:g011iff61-19 gregegilaTifiairbgidaTifitiab4hafelliirraiii.iiialiialiredlrgLiffeatgiEffigtgidearldfil •ieliiiiit'adlotOP/e5ffha%ti-beffeeStitab4Faitrhitiethe'tehitid-alafidetaija&ai-.6a Laaild'§d;aVaT.StalitrindFAti iiiiiiiffiiniTtlabitTrbfifia:egifigndkareli area Vat ,i`e--;"e'd tia I:to the:1AI ild ng t-etbacklt-whidh eve? is greateflnt&idVi ela and Velit*afd 'grfall', landscaped 6.4.0:2 ii&6‘j136,,i:gfaha4d1:..:616e 041-1V4WgraTgief L-1 Iginidid-adgTfati'dardh-8•61 1(18:*640:20.04b1J C: Build iDeiqiiStáiidards.1 • buildings shall comply with the following itiol * 'Ciff'r-676T6t.id7frliall 'e'en.along-.du I h d m m -50 0 h o ataa:Withmindblnis;klisdlay•are6s ot-doorway openirige.The ground,floor...wall:are-61 irb6iirePaide6if abti/6•beade7faiiiiri6.-f66V66-6V/6:4Melfferelitird Width,of triaT'eieet=fadih-d.'elevation The ground floor window fetiii i gtfalitee tgeb7 and f6i-7616Ti:abbnni6VE66iii6ailiV6iiiid716-76T • CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 11 OF 13 U•..to;'50°o`of/111 e :'round flobr.window=re:uirement:ma� .e rnet onin'ad'oinin•' • • elevation*Slang as all of the requirement is located at abuilding':corner? b...,Buildinq.facades Facades'thatface-a-publicstreet.shall extend no more than 50 feet Without providing at least oneyofithe followmg'features: (i) a variation in'building materials! (ii) a building off-set of at least 1 foot) (iii) a wall area that is entirely separated.from.other,wall areas by a projection, such' as an arcade, or (iv) by other:design°features that refleefthe building's structural system (v) No building fagade.shall extend formore than 300 feet without-a pedestrian connection between or through-the.building? rc -7 Weather.:protection-Weather rotectiorr for pedestrians, such as'awnings;'canopied and arcades shall.-bebrovided at'building entrances. Weather protection iS encourage along buiildingfrontages abutting aipublic sidewalk or a hard-surfaced expansion'of a'sidewalk andtalong buildingirontages,betWeert a,building entrance and`'abpublic°.street or. ccesswayi . VBiuilding Material`s.Pla n cone etelblock Alai concrefe; corrugated meta ly*OOd,l Sheet press boar or Tiff siding shaltrailbe usedre exteriar fnish materials:i loundatreti material°gmav:be niainl'conceete or`plai dnbre a block where the foundation materialsnofrevealedgforxmore than'feet? re Roofs antl`Rooftines Ezcept'in tti aseto a buildingmentrancetfeature 4roofs shall be designed;as an extension of'the.primarymaterialsusedfor the building and should respect the building's stwctural systein and'architecturel'style False to a"`ndfalseroofs°are:=not oermifted t: :° Roof=mounted°Equipment =goof-mounted'eai ibment-shall be screenedifrom:view from'adiacent:publics reetsr4Satellite;dishes`and:otherl.commurncation'eauipment shall-beset back`orzpositioned on'a'ed fso`that exposure°from'adiacent publio streetsis'rr inimizedi 3. Residential-only and Mixed-Use Building's•where•at least 50.1% of the gross floor area of the building is residential shall comply with-18.640.300? D:_..Landscaping and Screening? H. Applicable Levels: Two levels of landscaping and screening standards are applicable 1 The.locations where the-landscaping or screening is required.and the depth'ofthe landscaping Or.sceeningare defined in'18 640:400.These standards a`re'rninirrium 'requirements -Higherstandards.niay be sUbstitutedas=long as all height limitations ra medl a.:_ L-1.Low.Screen. For general.landscaping of landscaped and screened areas within` parking lots,and•along local.collectors and localstreets.:planting standards-18.745,1 Landscaping;and Screeningshall apply:fn addition the L-1 standard applies td Setbacks on:maior and minor arterialsWhere the setback is a minimum of 5 feet between'the parking lot and a major orminor arterial,-trees shall be"planted:at 3 '/z inch caliper,'at a-maximum:of 28 feet.onvicenter.Shrubs'sh"all-be of a variiety.that will provide"-a"3 foot high screen and a 90%*opacity within one=year. Groundcover plants • _must fully�cover the remainder of landscape area within two years? b. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots,.and'along local.collectors and local streets, planting standards 18.745;.Landscaping and Screening shall apply. In addition,:trees shall be provided at a minimum 2 '/Z inch caliper;at a maximum spacing of 28 feet..Shrubs Shall be Of'a size'and uality to achieve°the required landscaping or Screening effect Within•twovears.1 CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 12 OF 13 . . • • . , • • • `18:640c866C: -:",f.DOSid-ii'CO tibiIitvSd , tiroariclIflocitaitiihiarf!'etitties.ofifidividdarciriitetiteies..Of gtreet froTigg'ai^,briiiiifigtiT'tia3ZifeliteWl&-•theTifFaWf.:Mt to the iiitefibt-..br fo••.6-'15WikATth:77iffid4ititit elevation of larcie structures must be divided into smaller areas or planes of'606':,6titil=4-feel jiediriletits.are encourages fdr-strUctureslacing astreetto Create visual interests Main entrance Primary structures must ba-6fientadivith their main entrance facing the tieet Corner. it iiiy.:haveit :rriih'ehirehbe briehlecticyeitherstreet:6i...sat=the torhef.1 . Unit-definition„-,-Each-availing unit shall be'briiChaSizec[hy including a'rOdf Ri-cliS'w-iiiii7ina,7stieet4eolng-iegiiitio 6 roof 461316 esit':riiiCfiqh61,f6Fei'lh'el. street Ground-level dwelling units shall include porches that shall be'all-baSt-'48-76'citraie feet in,,61'0'64ith7ncc,elirrizenSicidleSS i5ffsets:Shall be provided at1nterváls of.40-2feetor lesstbccreate: ridfii and tO relieve ihe4geOlZf a single long roof Roof line 6666' Trim detail Trim shalibe used to mark all buildirigróof lines porche windows end doors thaVe7= 677OrrihTailigth.faui-e's,r'street4itiiigrele F.- Meetrinteafeat:iibrileht,'fOoof4ertdiAritedinetharlital:'etitiiptrieht,-.:other thanvents,or entilaiiir-SYSfiel(ba.1666ted'and:'CongthidfeeS67ii•toiba'the'-e'rie'd from ground-16-i6t'View:J Screening shall be integrated with exterior building design] G .Parking Parking,andloadirT areas may not be">located'betweenthe=prier arystructure(s) 6d the street upon Whi6i-i4ig. ikdiffire•Irai=6At there is no alley and motor vel%icle access' ii-Je5rifthe'.'6fi-46t: rkiiid-hitit''bOVIded WAT.1-6,:b'fii-gbeTTiMiWg1166ffeaTtY166,bfirifgeitrijettire;, 2 In a detached accessory structure ldcated at ida4i5Ofeeffraril the front line o i _ 6tAffe-•,61de,ibi.: ea lif:IergiteJ " 1-17,156de'iti-iefildroLitatib-h] i The on-site pedestrian circulation system shall be1tonti a rid'Zi5iirreaTfie''gi-ouniT-1 leiel entrances of primay structure(s)to the following a Streets abuthn the site 13•.'„;•:'.cdri-iiiiciii:build E:7iPiFkt'ei—g'r61--ea§ b•.,ci•:2Stiared:ooeli•Stiade4ridliraVare6S; re;: Abutting'frafisitttb08; and rf?...;=:::Any pedestrian amenity such t-at-1162-6 .,:tetitig bread,and viewpoints:„. There•i'shair feri'abatihd:8iFeeffronTi6TfOTe'TCE '260:lineat4e'et df g&reef frdntage:1 111.640 A002-..:'47 tad&da Sée1ä.745 18.6405NY-••••'":0ff=Strdet'Parking'•add Làading. Sedl 8:765 1 e:646:660 v i to iiiiidifta I'Staiidards.-Sde 1 8:725 8.640.760-•7'Floodplai 8.775 I8648.801)'72,Weilan d ;Piotettion District. SedA 8775 CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 13 OF 13 • • URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD,THE CITY OF TUALATIN AND WASHINGTON COUNTY RECITALS 1. This intergovernmental agreement,hereinafter"Agreement,"is entered into on the last date shown on the signature page by City of Tigard, hereinafter"Tigard,"the City of Tualatin, hereinafter"Tualatin,"and Washington County, hereinafter"County," all political subdivisions of the State of Oregon; and 2. ORS 190.007 provides for the furthering of economy and efficiency in local government by intergovernmental cooperation. 3. ORS 190.010 provides that units of government may enter agreements for performance of any and all functions and activities that parties to the agreement, its officers or agencies have authority to perform. 4. The parties desire to enter into this Agreement for the purpose of allowing better coordination between Tualatin and Tigard in response to the imminent development on 28.64 acres of property currently owned by County known as the Durham Quarry. 5. The subject Durham Quarry property, which is currently undeveloped, includes approximately 21.80 acres within Tualatin and 6.84 acres within Tigard. If the property expands to areas outside of the original 21.80 acres, the terms and conditions of this agreement shall extend to all properties included within the development project. 6. It would be to the benefit of both cities to coordinate planning and permit review for the development of the subject property. 7. All parties have agreed that the Durham Quarry property should be developed as a mixed-use development project. Tualatin has developed a Mixed Use Commercial zoning regulations to support this development concept. Tigard has adopted regulations for use on the land within Tigard that are similar to the standards Tualatin adopted. 8. County intends to lease or sell this property for purposes of future development consistent with the Mixed-Use Commercial zoning adopted by Tualatin and Tigard. THE TUALATIN AND TIGARD AGREE AS FOLLOWS: • I. AREA AFFECTED BY THIS AGREEMENT Page 1 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard • . The area affected by this Agreement is the Durham Quarry property as shown on Exhibit 1. II. DELEGATION OF AUTHORITY Tigard delegates to Tualatin the authority to review and approve all land development and building permits for that portion of the Durham Quarry property that is within the City of Tigard. III. DEVELOPMENT COSTS AND FEES a. Land Development Fees: All fees and taxes for the land development and building permits for this property shall be paid to Tualatin. Tualatin shall determine and identify the amount of TIF charged for the building(s) or portions of building(s) within the city of Tigard. b. Transportation Impact Fees: Tigard,Tualatin and the County agree to work together to develop a system that will allow any TIF charges collected for development of the property to be used for TIF-eligible projects in any of the three jurisdictions, as the parties may further agree. If transportation system improvements are required that are not on the cities' transportation plans or the County TIF Base Report, the parties will initiate action to adopt those improvements into their plans or reports, subject to applicable criteria and procedure for taking such action. c. TIF Credits: If improvements to the transportation system are required of the developer of the property,Tualatin shall make the determination of the amount of TIF credits to be issued for such improvements, according to the provisions of County Code Chapter 3.17. TIF credits for such improvements may be used to pay TIF charges within any portion of the property, as the developer may request. d. SDC's: Tigard charges a parks SDC, and a sewer SDC(if applicable)for development. Tualatin shall collect a prorated amount of these SDC's and charges for Tigard based on the methodology Tigard uses to assess its SDC for the building(s) or portions of the building(s)within the City of Tigard. IV. OTHER PUBLIC SERVICES a. The cities agree that when Tualatin has approved the ultimate design of the property, they will resolve how best to provide efficient public services to the property. The cities agree that a separate working group will be established to discuss the provision of police services to the property. This working group shall also establish an equitable division of property tax revenue to pay for any division of police services. The dollar amounts in any division of property tax revenue will be established by a separate intergovernmental agreement between the cities. b. Similarly, if new public roads are established in the ultimate design of the property, all parties agree to establish a separate working group to resolve the issue of maintenance and jurisdiction over these roads. This working group shall also establish an equitable division of property tax revenue to pay for any division of road Page 2of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard ' o . . services. The dollar amounts of division of property tax revenue will be established by a separate intergovernmental agreement by the parties. V. CONSDERATION FOR LOSS OF DEVELOPMENT RELATED REVENUE In consideration of lost revenue for Tigard, County will pay Tigard$16,000 within 30 . days of receipt of the first development application for area by Tualatin. • VI. DISPUTE RESOLUTION In case of a dispute over the provisions of this Agreement,the City and County staff for each entity will immediately refer the dispute to the respective planning directors for resolution. If the planning directors have not resolved the dispute within 30 days, it shall be forwarded to the respective City and County managers for resolution. If the managers are unable to resolve the dispute within 30 days, it shall be forwarded to the respective Councils and Board for resolution. If the Councils and Board cannot resolve the dispute within 30 days,the dispute shall be subject to binding arbitration under ORS 190.710- 190.800. VII. NOTICE OF APPLICATIONS,DECISIONS and APPEALS Tualatin shall give notice to Tigard and County of all claims,land use applications, hearings, decisions and any appeals of those decisions made under the authority of this Agreement. Tualatin shall have the authority of defend any claims or appeals arising from permits issued under this Agreement. Tigard may comment on,participate in, and intervene for any appeal of such a decision. VIII. TERM OF AGREEMENT This Agreement shall be effective upon final signature and shall remain in effect for ten (10)years. The Agreement may be extended for a subsequent ten(10)year term upon mutual agreement of the parties. This Agreement may be terminated by any party upon ninety(90)days written notice to the other parties. If Tigard terminates this Agreement before the permits for the portion of the property within Tigard are final, it shall return any amounts paid by County under section V above. IX. COMPLIANCE WITH LAWS Each party shall comply with all applicable federal,state and local ordinances, statutes, and regulations that are applicable to the services provided under this Agreement. X. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being appropriated therefor. Page 3of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard • • XI. HOLD HARMLESS Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other, including its officers,agents and employees, against all claims,demands, actions and suits(including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts of omissions of that party. X. MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all parties. This writing is intended as the final expression of the agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. • In WITNESS THEREOF,the parties have executed this Intergovernmental Agreement on the date set below their signatures. • WASHINGTON COUNTY, OREGON CITY OF TUALATIN, OREGON By: By: Tom Brian, Chair Lou Ogden,Mayor Washington Co. Board of Comm. City of Tualatin • Date: Date: Approved as to form: Approved as to form: County Counsel City Attorney CITY OF TIGARD,OREGON By: Approved as to form Jim Griffith, Mayor City of Tigard Date: City Attorney Page 4of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard CPS boo/-zoo/ -�. • City Attorney Ramis, in response to a question from Councilor Scheckla regarding concerns about potential impacts of Measure 7, advised that two items are in the proposed ordinance to protect the City of Tigard: 1. The provisions of the ordinance are required by Metro. 2. The ordinance allows the City to grant a waiver in the event of a future Measure 7 claim. • c. Public Testimony • Margaret Finley, 11260 SW Gaarde, Tigard, inquired about the meaning of the term "restoration"? Mr. Roberts said it meant to "restore to a good condition" as defined by Clean Waters Services. Ms. Finley also inquired about variances and an area of her property that provides drainage. Mr. Roberts advised that requirements do not apply to existing development. Mr. Roberts also said that the rules encourage plantings, such as trees. Title 3 information can be obtained from staff members at the City's Community Development Counter at City Hall. Maps are available to determine how an individual property is affected. d. Mayor Griffith closed the public hearing. e. Staff recommended approval of the proposed ordinance. f. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Ordinance No. 02-15. ORDINANCE NO. 02-15 — AN ORDINANCE AMENDING CHAPTERS 18.775 AND 18.797 OF THE TIGARD MUNICIPAL CODE AND VOLUME II, SECTION 4 OF THE TIGARD COMPREHENSIVE PLAN The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. CONSIDER AN INTERGOVERNMENTAL AGREEMENT REGARDING THE DURHAM QUARRY SITE COUNCIL MINUTES — March 26, 2002 page 5 City Manager Monahan presented the staff report, which is on file in the City Recorder's office. Also present was Larry Eisenberg from Washington County and Bruce Woods of OPUS (member of the project development team). Mr. Woods gave a presentation of the current plans for developing the site, which will be known as "Bridgeport Village." The development will consist of retail and office space and is characterized as a "lifestyle center." Full buildout will offer 800,000 square feet of commercial/office space, with over 500,000 square feet to be developed in the first phase. The nearby transit "park and ride" will be doubled in size. Mr. Woods reviewed the current problems with traffic and the proposed reconfiguration of traffic patterns and freeway accesses, which should raise the rating of the intersections from a level "F" to a "B" or C. It is anticipated that the first phase will open the spring of 2004. Mr. Woods also presented picture boards illustrating samples of the building architecture. Motion by Councilor Moore, seconded by Councilor Patton, to approve the proposed intergovernmental agreement between the City of Tigard, City of Tualatin and Washington County regarding the Durham Quany site and authorize the Mayor to sign the agreement. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes' Councilor Patton - Yes Councilor Scheckla - Yes 6. CONSIDER AN ORDINANCE SPREADING THE ASSESSMENTS AMONG THE BENEFITED PROPERTY OWNERS IN THE 69T" AVENUE LOCAL IMPROVEMENT DISTRICT City Engineer Duenas presented the staff report, which is on file with the City Recorder. • Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Ordinance No. 02-16. ORDINANCE NO 02-16 — AN ORDINANCE APPROVING THE FINAL ASSESSMENT FOR THE 691" AVENUE LOCAL IMPROVEMENT DISTRICT AND SPREADING THE ASSESSMENT AMONG BENEFITED PROPERTY OWNERS. COUNCIL MINUTES — March 26, 2002 page 6 • AGENDA ITEM#: C) FOR AGENDA OF: 6.26.01 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Durham Quarry Comprehensive Plan Amendment/Zone Ordinance Amendment/Zone Change(CPA2001-00001/ZOA2001-00001/ZON2001-00001). PREPARED BY: Julia Hajduk DEPT HEAD OK /Li "1" Y MGR OK -- ISSUE BEFORE THE COUNCIL Should the Council amend the Comprehensive Plan text and map and Development Code text and zoning map to allow for a MUC-1 designation on the portion of the Durham Quarry located in the City of Tigard? STAFF RECOMMENDATION Adopt the proposed Comprehensive Plan amendment, zone ordinance amendment and zone change by adopting the attached Ordinance. INFORMATION SUMMARY Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres are located within the City of Tualatin and approximately 8 acres are within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi- jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. The Planning Commission held a public hearing on May 7, 2001 and voted to recommend approval of the request with concerns. The specific concerns the Planning Commission wished the Council to be aware of are: 1.) The mixed use designation allows for residential development but does not require it, therefore, there is the possibility that this site will be developed as commercial only or residential only; 2.) If Tualatin has the review authority for this site, the project would go through an architectural review board process; and 3.) There were concerns that the traffic report provided did not adequately address potential traffic impacts. The applicant has responded to the Commission's traffic concerns (attachment 6). The City of Tualatin has adopted the same language and standards as are being proposed for the portion of the property in Tigard. While they are open to changes, it should be noted that their standards do not require a specific amount of residential density to be developed. In addition, unlike the Washington Square area, there is no requirement to provide for a certain amount of residential density on this property. None-the-less, that is still an option that the Council can consider if it so chooses. In regard to the concern about review authority and process, the details will be worked out in the IGA, however, the situation would not be unlike that of the urban services area. In the urban services,area, Tigard provides planning services using our standards and process. It would be very complex and burdensome to have a unique set of standards and process for one piece of property. • i Finally, in response to the 3rd concern raised by the Planning Commission, staff has asked that the applicant be prepared to provide more information on anticipated traffic impacts and proposed solutions at the City Council meeting. OTHER ALTERNATIVES CONSIDERED 1. Propose modifications to the text. 2. Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal#1 —Accommodate growth while protecting the character and livability of new and established areas. ATTACHMENT LIST Attachment: 1 —Draft Ordinance adopting the proposed comprehensive plan amendment, zone ordinance amendment and zone change. Exhibits: 1 —Staff Report 2 —Proposed Comprehensive Plan text amendments 3 —Proposed Development Code text amendments 4—Planning Commission 5-7-01 meeting minutes 5 —Applicant's Narrative dated February 26, 2001 6—Updated Transportation Assessment FISCAL NOTES The intergovernmental agreement which will be forthcoming will provide for a sharing of fees on a prorated basis for this portion of the site so that the City of Tigard does not forfeit potential revenues by providing a uniform review process. The details will be outlined and can be discussed when the IGA is brought to Council for approval. I:\IrplanUulia\cpa\durham quarry ais.doc • • • CITY OF TIGARD, OREGON ORDINANCE NO. 01- AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN AND DEVELOPMENT CODE CHANGES FOR THE DURHAM QUARRY SITE (CPA2001-00001/ ZOA2001-00001/ZON2001-00001). WHEREAS, The Durham Quarry consists of approximately 29 acres of land, 8 of which are located in the City of Tigard and 21 of which are location in the City of Tualatin; and WHEREAS, Tigard, Tualatin and Washington County have worked together to develop a plan for this surplus site which includes the proposed amendments and an Inter-Governmental Agreement (IGA)giving Tualatin review authority for the portion of the site in Tigard; and WHEREAS, the portion of the Durham Quarry site located in the City of Tigard is identified on WCTM 2S 113AC, tax lot 01200; and WHEREAS,the IGA is being developed but has not yet been signed; and WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the City standards, on 5-7-01 and voted to recommend approval of the requested amendments with concerns to the City Council; and WHEREAS, the Planning Commission concerns have been adequately addressed by the applicant based on information and testimony provided at a.6-26-01 City Council meeting; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards,on 6-26-01 and voted to approve the proposed amendments; and WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2, #9, #10, #12 and #13; Metro functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; and Community Development Code Chapters 18.380.030, 18.390.050 and 18.390.060 as detailed in the staff report(Exhibit 1). NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The requested amendments are approved based on the analysis and findings in the staff report(Exhibit 1). SECTION 2: The adopted comprehensive plan text amendment and development code text amendments, are shown in Exhibits 2 and 3. SECTION 3: The zoning on the property identified as WCTM 2S113AC, tax lot 01200 is changed from I-P to MUC-1. ORDINANCE NO. 01- is\Irpin\julia\cpa\durham quarry adoption ord.doc Page 1 of 2 05/31/01/1:33 PM • • • SECTION 4: The approved amendments and zone change shall not be effective until the IGA has been signed by the City of Tigard and the City of Tualatin.. PASSED: By vote of all Council members present after being read by number and title only,this day of ,2001. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2001. James E. Griffith,Mayor Approved as to form: City Attorney Date ORDINANCE NO. 01- i:Urpin\julia\cpa\durham quarry adoption ord.doc Page 2 of 2 05/23/01/4:08 PM • • Exhibit 1 Agenda Item: 5.1 Hearing Date: May 7,2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OFTIGARD C� FOR THE CITY OF TIGARD,OREGON �'�' '"�`' co1n nunity SECTION I. APPLICATION SUMMARY CASE NAME: DURHAM QUARRY CASE NO.: Comprehensive Plan Amendment (CPA) CPA2001-00001 Zone Ordinance Amendment (ZOA) ZOA2001-00001 Zone Change (ZON) ZON 2001-00001 PROPOSAL: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres is within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to. a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. APPLICANT/ Washington County CONSULTANT: Frank Angelo OWNER: Larry Eisenberg Angelo Eaton and Associates 111 SE Washington 620 SW Main, suite 201 Hillsboro, OR 97123 Portland, OR 97205 COMPREHENSIVE PLAN DESIGNATION: Existing — Industrial Park (I-P), Proposed —Mixed Use Commercial (MUC-1) LOCATION: Corner of 72"d Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, and 7. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation of APPROVAL of the requested comprehensive plan amendment, zone ordinance amendment, and zone change to the City Council. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 1 OF 12 • ,Exhibit 1 SECTION III. BACKGROUND INFORMATION Site History The entire 29 acre property, known as the Durham Quarry, has been operating as a gravel quarry for many years. The property was owned and operated by Washington County. The gravel has been extracted and Washington County has declared the property surplus and wishes to sell it or lease it on a long term lease. Vicinity Information The property to the south of the subject site is the portion of the quarry site in the City of Tualatin. The property to the north is zoned Industrial Park (inside the City of Tigard) and developed with an industrial office complex. The property to the west is in the City of Durham and is zoned and developed residential. To the east is SW 72nd Avenue and property zoned and developed General Commercial. Site information and proposal description Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres is within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. The City of Tualatin has already adopted essentially the same language that is being proposed with this application with the understanding that both jurisdictions will have the same standards and Tualatin will administer all land use and building permits for the entire quarry site. SECTION IV SUMMARY OF REPORT Applicable criteria, findings and conclusions • Tigard Development Code 18.380 • Tigard Development Code 18.390 • Statewide Planning Goals • Applicable Comprehensive Plan Policies • Applicable Metro Standards Additional City staff and outside agency comments Staff analysis, issues and concerns Attachments: 1. Applicant's narrative/proposal (includes proposed text changes as exhibits) 2. Staff revised Comprehensive Plan changes 3. Staff revised Development Code Changes SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS Tigard Development Code 18.380 Chapter 18.380 states that 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: Demonstration of compliance with all applicable comprehensive plan policies and map designations; STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 2 OF 12 • Exhibit 1 • As described within this report, the proposed change is consistent with all applicable comprehensive plan policies, Development Code standards, applicable Metro standards and applicable Statewide Planning Goals. The proposed amendment to the zoning district map will occur concurrently with the amendment of the Comprehensive Plan map from Light Industrial to Mixed Use Commercial, thus the proposed zoning amendments will be compliant with the Comprehensive Plan Map amendment. Compliance with the applicable Comprehensive Plan policies is addressed further in this report. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and As discussed above and within this report, The proposed amendments are consistent with all applicable plan policies, development code standards, applicable Metro standards and applicable statewide land use goals. 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. When the Industrial Park (Light Industrial) designation was placed on this property in the Comprehensive Plan, zoning.map and Metro maps, the site was actively operated as a quarry. The land is owned by Washington County. Since that time, the quarry operation has ceased and Washington County has declared the property surplus, thereby resulting in a change in circumstances affecting the property. The cities of Tigard and Tualatin have been working with Washington County to identify an appropriate mix of uses for the site and have agreed to work together to help encourage a high quality, mixed use development on the site. Due to its proximity to 1-5 and arterial roads, it was determined that an industrial use would not be the most economic and efficient use of the land. In addition, because of the existing commercial zone to the south in Tualatin, an industrial zone would not provide an opportunity for a cohesive development over the entire quarry site. FINDING: Based on the analysis above and further in this report, the standards outlined in Section 18.380 have been addressed and satisfied. Tigard Development Code 18.390 Chapter 18.390.060G states that for legislative map and text amendments (comprehensive plan and development code) the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; • Any federal or state statutes or regulations found applicable; • Any applicable Metro regulations; • Any applicable Comprehensive Plan policies; and • Any applicable provisions of the City's implementing ordinances. This report addresses the applicable standards listed above and demonstrates that the proposed amendment complies with all applicable Statewide Planning Goals, Metro regulations, Comprehensive Plan policies and provisions of the Development Code. There are no applicable federal or state regulations other than those previously listed. FINDING: . As discussed in detail throughout this report, the proposed amendments comply, or can be conditioned to comply, with the standards outlines in 18.390.060.G. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 3 OF 12 • • ,Exhibit 1 Statewide Planning Goals 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. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners within 500 feet of the subject site and notice was published in the Tigard Times prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) in which an opportunity for public input is provided. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. As discussed within this report, the proposed amendments comply with the Development code and Comprehensive Plan criteria. Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. The Durham Quarry was utilized as a quarry for many years. Tigard assisted in protecting this resource by zoning the property industrial, recognizing the quarry usage needs of the site. Now, however, the quarry has been fully extracted and no longer needs protection as a resource. The County has deemed the land surplus and has proposed a zone change which will allow a more economic and efficient use of the land than if the zone were to remain industrial. Since the quarry use no longer exists, the change would not violate Goal 5. There is also a wetland area identified on Metro maps along the southern portion of the property. The applicant has stated this resource was created as a result of the mining operation. They believe that this can be adequately addressed during development review under the existing USA, Metro and City Sensitive Land standards. Because there are numerous review processes in place and the applicant is well aware of the issue, staff feels comfortable that allowing the property to be zoned as proposed will not, in itself, violate Goal 5 issues. Staff has explained to the applicant that there is a risk that this resource will have to be protected and may affect the development proposal on this property. Statewide Planning Goal 9— Economic Development: The purpose of goal 9 is to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of Oregon's citizens. This is accomplished in part by requiring Comprehensive Plans to provide an adequate supply of sites of suitable size, location, etc., for Industrial and Commercial uses and to limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. While the proposed amendment will result in less industrially zoned land, the accommodation of a mixture of uses will promote opportunities for a variety of economic activities and will encourage diversity of development. • STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 4 OF 12 • Exhibit 1 Statewide Planning Goal 10— Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. The proposed amendment will allow multi-family residential development at a density of 25-50 units per acre. The City currently complies with this goal by having a variety of density levels in residential zones, however, allowing some residential density within a mixed use development provides another avenue for housing opportunities. Statewide Planning Goal 12 -Transportation: This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. The applicant has provided a traffic report, prepared by DKS Associates, which states that the change from I-P to MUC-1 on this property will not significantly impact the surrounding transportation system. It is recognized that there are traffic issues in this area, however, these will be addressed once a specific development plan and related traffic study have been submitted. Statewide Planning Goal 13— Energy Conservation. This goal is intended to encourage uses developed on land to be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Priority consideration in land use planning should be given to methods of analysis and implementation measures that will assure achievement of maximum efficiency in energy utilization. The allocation of land and uses permitted on the land should seek to minimize the depletion of non-renewable sources of energy. By providing for mixed uses on this site, it is anticipated that the energy demand will be minimized because fewer and shorter trips will be needed to obtain necessary services. In addition, the applicant has indicated that building design techniques that can promote energy conservation will be considered during future design review stages of the project. FINDING: Based on the analysis above, staff finds that the proposed zoning does not violate applicable statewide land use goals. - Applicable Comprehensive Plan Policies Policy 1.1.11(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal conforms with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was approved for adoption on October 24, 1996, by Metro as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/Z0A2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 5 OF 12 • • Exhibit 1 The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners within 500' of the subject property to ensure that they will have the opportunity to learn about the hearing and to participate in it. In addition, a neighborhood meeting was held on June 29, 2000 at the Tigard Fire Department, Station 51, 8935 SW Burnham Street, to present an overview of the proposed amendments to the community in accordance with the City's neighborhood meeting requirements. Policy 3.3.1 states that the City shall support the efforts of Washington County, Beaverton and Metro to ensure the availability of rock mineral resources. The City complied with this Comprehensive Plan criterion by designating the subject site industrial. As mentioned previously in this report, the quarry land is no longer in operation and has been deemed surplus by the County. The applicant has proposed changes to the comprehensive plan, which will delete the last finding discussing the Durham Quarry site. Staff supports this proposed change. Policy 5.1 stated that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Policy 5.5 states that the City shall prohibit residential development in commercial and industrial zoning districts except existing single family in mixed use employment shall be considered permitted uses and new multi-family density development shall be permitted and encouraged to develop at R-40 densities. Policy 5.1 is addressed because the proposed zoning will provide for a diverse mix of uses by providing a mix of commercial and residential opportunities on the same site. Policy 5.5 is addressed because the proposed mixed use zoning allows for residential development at a minimum density of 25 units per acre and a maximum of 50 units per acre. Housing: Policy 6.1.1 requires the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. This policy is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires that the City maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. The City is currently in compliance with this rule. The proposed Durham Quarry Mixed Use Commercial zoning will allow new multi-family developments and will therefore increase the supply of land available for multi-family housing. The current Industrial Park zoning only allows individual caretaker dwellings. Transportation: Policy 8.2.2: The city shall encourage the expansion and use of public transit by locating land intensive uses in close proximity to transitways; Incorporating provisions into the community development code which require development proposals to provide transit facilities; and Supporting efforts by TRI-MET and other groups to provide for the needs of the transit disadvantaged. The Durham Quarry mixed use development will allow the development of more intense land uses in close proximity to existing bus lines on 72nd Avenue and on Lower Boones Ferry Road. In addition, the site is within one-half mile of the Tualatin Park-and-Ride lot. The existing Development Code addresses the provision of transit facilities, therefore, required facilities will be provided when development is proposed on the site. The City of Tigard, together with the City of Tualatin and Washington County, will continue to work with Tri-Met on issues associated with the transit disadvantaged. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/Z0A2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 6 OF 12 • Exhibit 1 • Energy: Policy 9.1.1: The city shall encourage a reduction in energy consumption by increased opportunities for energy conservation and the production of energy from alternative sources. Policy 9.1.3 states that the City shall encourage land use development which emphasizes sound energy conservation design and construction. Allowing mixed use development on the Durham Quarry site will encourage reduction in energy consumption by allowing the opportunity for housing to be located in close proximity to jobs and transit. Locational Criteria: Housing Policy 12.1.1: The city shall provide for housing densities in accordance with applicable Plan Policies; applicable Locational Criteria; and applicable Community Development Code provisions. Medium-High Density and High Density Residential policy 12.1.3.A The following factors will be the determinants of the areas designated for high density on the plan map: (1) Areas which are not committed to low density development; (2) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas; (3) Areas which have direct access from a major collector or arterial street; (4) Areas which are not subject to development limitations; (5) Areas where the existing facilities have the capacity for additional development; (6) Areas within one-quarter mile of public transit; (7) Areas within one-quarter mile from neighborhood and general commercial shopping centers or business and office centers; and (8) Areas adjacent to either private or public permanent open space. The Durham Quarry site is not currently committed to low density development. Neighboring uses include a mix of office and residential in the City of Durham to the west, commercial to the east, light industrial to the north, and the remainder of the Durham Quarry site in Tualatin to the south. The existing development code has buffering and screening standards which will protect the existing residential neighborhood in the City of Durham. The Durham Quarry site will have direct access via Bridgeport Road and/or 72nd Avenue, both of which are designated as major collector streets. While there is a potential water resource area on the site (as discussed previously in this report) it is not believed to be a significant limitation to development in that development could be planned around it and the resource could be incorporated into a development proposal if protected. As described in the applicant's submittal - Exhibit F (traffic impact assessment from DKS), the proposed rezoning from IP to MUC-1 will not significantly impact the City of Tigard's street system. In general, mixed-use development can benefit the transportation system by reducing the overall number of trips by providing more opportunities for employment and retail activities on the site. Any proposed development on the site would necessarily provide transportation improvements sufficient to support proposed new development and land use densities. Water, sewer and stormwater facilities are or will be available to the site when development is proposed. Existing bus lines serve this area via 72nd Avenue and Lower Boones Ferry Road. The applicant has indicated that neighborhood and general commercial shopping, business and office centers will likely be located on the Durham Quarry site, together with any proposed multi-family residential. The Durham City Park is the closest park to the site. It is located approximately one-half mile away. The applicant will be required to provide a minimum of 10 percent landscaping. During the design review process through the City of Tualatin it is anticipated and encouraged that there would be some common areas within the development dedicated and designed for public gatherings. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 7 OF 12 • • Exhibit 1 Policy 12.1.3.B states that the following factors will be determinants of the density ranges allowed in the medium-high and high density planned areas should the City adopt more than one, high density zone: 1) The topography and natural features of the area and the degree of possible buffering from established low density residential areas; 2) The capacity of the services; 3) The distance from public transit; and 4) The relationship of the site to existing neighborhood and general commercial centers and office and business centers. Given the topography, natural features and degree of possible buffering from the established low- density residential area to the east, the Durham Quarry site is well suited to the proposed density of 25 to 50 units per acre. Existing bus lines serve this area via 72nd Avenue and Lower Boones Ferry Road. Given the relationship of the site to existing neighborhoods and the potential for the on-site development of commercial centers and office and business centers, the Durham Quarry site is well suited for the proposed density of 25 to 50 units per acre as part of the overall mixed-use development. Much discussion occurred with the City and service providers in determining the best use of this land and staff has received no capacity related concerns for this site as a mixed use development. Commercial Policy 12.2.1 A. Provide for commercial development based on the type of use, its size and required trade area B. Apply all applicable plan policies C. Apply the appropriate locational criteria applicable to the scale of the project. The Washington Square Regional Center Plan included amendments to the Comprehensive Plan locational criteria related to Mixed Use developments. The City Council adopted these amendments but delayed implementation until further study was done. In the interim, there are adopted standards that are not formally incorporated into the Comprehensive Plan. The applicant's proposal calls for some amendments to the Mixed Use Development language already adopted as part of the Washington Square Regional Center. Because the original language has not been incorporated into the Comprehensive Plan, the Council will need to adopt a portion of the Mixed Use section which relates to this development. The applicant's submittal (Exhibit A-3) shows the proposed amendments, however, staff has also included an attachment showing the entire language that must be adopted and included in the Comprehensive Plan in order to state that this proposal meets the Comprehensive Plan criteria and standards. The text staff is asking to be adopted is labeled ATTACHMENT 2 FINDING: Based on the analysis above, the proposed amendment complies, or will comply after suggested changes are made, with the applicable Comprehensive Plan standards and criteria. Applicable Metro standards Metro Functional Plan Title 1 — Requirements for Housing and Employment Accommodations Functional Plan policies in Title 1 seek ways to increase the capacity within the urban growth boundary, such as changing local zoning to accommodate development at higher densities in locations supportive of the transportation system. While the City currently complies with density requirements, the proposed amendments allowing mixed use development, including multi-family residential at densities of 25 to 50 dwelling units per acre, are supportive of the intent of Title 1. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 8 OF 12 Exhibit 1 Metro Functional Plan Title 3 — Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation Protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas. Establish buffer zones around resource areas to protect from new development. As stated previously in this report, a small portion of the southwest corner of the site appears on Metro's Title 3 map as a wetland area. This portion of the site included quarry operations and has been disturbed. Since this resource is mapped, issues related to Title 3, if any, will be addressed during future development review actions utilizing USA standards as well as the City of Tigard's Sensitive Lands Review standards. Metro Functional Plan Title 4— Retail in Employment and Industrial Areas This title restricts some types of commercial development in designated Employment and Industrial Areas. The Title 4 "Employment and Industrial Areas Map" designates the Durham Quarry site as an "Employment Area". Metro Code 3.07.420.0 states that areas that do not allow retail uses larger than 60,000 square feet in Employment Areas shall continue to prohibit them unless they meet one of the exception criteria. The Durham Quarry site is zoned industrial and designated as an Employment Area on Metro's 2040 Growth Concept map. The. applicant's proposal shows limiting "bulk sales" and "repair-oriented" commercial uses to no larger than 60,000 square feet of gross floor area per building or business, however they have not proposed to limit sales-oriented uses. Metro provided comments to this extent stating that the applicant can either ask for a Title 4 map amendment removing this area as an Employment Area, or restrict the amount of retail to no larger than 60,000 square feet per building or business. Staff asked the applicant to respond. The applicant has stated that they would prefer to amend the zoning regulations to restrict sales-oriented retail and personal services to no more than 60,000 square feet per building or business. Staff has provided an attachment (ATTACHMENT 3, pg. 4) which reflects the changes proposed by the applicant with this additional restriction added. Metro Functional Plan title 7— The intent of this section is to provide a choice of housing types, that regulation barriers to sufficient and affordable housing are reduced for households of all income levels that live in the region, that housing opportunities commensurate with the wage rates of jobs are available within each subregion, a process for addressing current and future need for and supply of affordable housing is initiated, and concentrations of poverty are reduced. By providing for a residentialcomponent, the applicant will be providing additional housing opportunities for people within this region. FINDING: Based on the analysis above, the proposed amendments will comply with the applicable Metro standards provided the retail uses are limited to 60,000 square feet per business or use as shown in Attachment 3, pg. 4. SECTION VII. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Police Department, City of Tigard Operations Department have reviewed this proposal and offered no comments or objections City of Tigard Engineering Department has had an opportunity to review this proposal and offered no comments or objections. City of Durham has had an opportunity to review this proposal and pointed out that the subject site map provided in the applicant's submittal (page 3) is incorrect. They indicated that they would likely provide additional comments but none have been received to date. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 9 OF 12 • Exhibit 1 City of Tualatin has had an opportunity to review this proposal and provided comments which are summarized below: The applicant's materials, p. 5, Table 1 states Repair oriented and bulk sales uses are restricted to 60,000 square feet but it does not explain exactly what the restriction is. Further in the materials (Exhibit B, p.7) there is a footnote that states "per building or business". Tualatin recommends that this language be deleted since their code does not have this same limitation. Tualatin's code refers to the 60,000 square feet in terms of building footprint. Staff response: Metro has provided comments indicating that because the property in Tigard is a designated Employment Area, retail uses (including the addition of sales oriented and personal services) must be limited to 60,000 square feet per building or use. Because of this, the restriction must remain on these uses even though this will result in a slight disparity between Tigard and Tualatin standards. Tualatin also pointed out that Exhibit B, p. 2 states that the maximum density of 25 units/acres. Staff has contacted the consultant and determined that this was a typo. Staffs proposed text changes (ATTACHMENT 3, pg. 3) reflects the correct language. • Tualatin has concerns that the proposed language (Exhibit C, p. 3, 18.640.200, A.3) refers to the proposed IGA for resolving conflicting standards. Tualatin's language refers to an Architectural Review board which shall resolve conflicting standards based on criteria which a.) give deference to using 18.640 and b.) use the standard that will yield the highest quality development. Tualatin recommends that Tigard incorporate the same criteria into this section (without reference to the Architectural Review Board) because of the potential problems with having criteria and standards in the IGA, which is not a land use document. Staff response: It is staff's understanding that this was proposed the way it was because originally, it was proposed to use the same language as Tualatin, however the City of Tigard does not have an Architectural Review Board. The intent is to allow Tualatin's process to review the entire site, which includes review by the Architectural Review Board. Further, it is staff's understanding that the "terms"of the IGA would be that Tualatin's process is what is used to review land use proposals on the Tigard property, therefore, it is not a land use decision and will not result in conflicts. In any event, staff found that the applicant had proposed two separate sections to address conflicting standards.- The section referred to by Tualatin has been deleted and there are no references to the IGA in Section 18.640.040B. The final comment from Tualatin is pointing out a typo in Exhibit C, p.5, 18.640.300, G, Parking. The typo currently reads "It there is no alley..." and should read "If there is no alley..." This.typo has been corrected in staff's proposed text changes (ATTACHMENT 3, pg. 15). Washington County has had an opportunity to review this proposal and offered no comments or objections. DLCD has had an opportunity to review this proposal and indicated concerns that the proposed code language does not include certainty and direction to ensure that there will be a residential component in future development on the site. DLCD recommends additional code language that provides regulatory measures and incentives to increase the likelihood of mixed-use development on the site. One of the measures recommended is to limit the square footage of retail development and of single-use retail structures. It is also suggested that the City consider code language that encourages or requires "vertical" mixed use. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 10 OF 12 • • Exhibit 1 DLCD also points out that, while the applicant states the designation will not significantly affect the transportation facility, Section 660-12-060 of the Transportation Planning Rule still should be addressed. It is noted that to successfully implement statewide Planning Goal 12, land uses and the transportation system for this area must be integrated and designed to maximize efficiency and reduce reliance on the automobile. Staff response: In response to Metro's comments, as discussed previously in this report, the standards for retail uses will be changed to limit the size of buildings and uses for retail to 60,000 square feet (in accordance with Metro standards). There are no state or regional standards which require a residential component for development proposed on this site. Mixed-use development is encouraged, however, Tigard complies with the housing density requirements throughout the City without this property being included. There is no need, therefore, to place additional requirements on this property to ensure housing is developed. In response to the transportation comments, the applicant does not have a specific developer lined up, nor a proposed transportation system plan for the development. When a specific plan is proposed, it will be reviewed in accordance with the standards of the Development Code with consideration to maximizing efficiency and reducing reliance upon the automobile. This standard will be thoroughly addressed at time of development review. . Metro Land use.and Planning Growth Management has had an opportunity to review this proposal and have offered comments regarding Title 4 compliance which have been incorporated and addressed within this report. Their comments state that the quarry site is an employment area, designated on the Title 4 maps and as such, cannot allow retail uses larger than 60,000 square feet per building or use without a Title 4 map amendment. Oregon Department of Transportation has reviewed the proposal and has provided the following comments: "as noted ODOT has no objections and has been involved in the process. Our issues pertaining to mitigating traffic impacts on the interchange will be addressed at the development stage." City of Tigard Water Department has reviewed the proposal and has offered the following comments: "It is the intent that Tualatin will also be the provider of water to this site?" Staff response: It is Staff's understanding that Tualatin will be the service provider for the entire development site. The details will be worked out in an Intergovernmental Agreement. SECTION VI. STAFF ANALYSIS, (SUES AND CONCERNS Based on the information above, the proposal complies with the applicable Development Code, Comprehensive Plan, Metro and Statewide Planning goal standards with the following exceptions: • Proposal must include the full version of the Washington Square Regional Center language regarding Mixed Use Commercial development adopted into the Comprehensive Plan, and • Proposal must show that sales-oriented and personal service retail uses will be limited to no more than 60,000 square feet as proposed by the applicant. Provided these changes are made, staff finds that the,proposed Comprehensive Plan text and map changes and the Development Code changes meet the applicable standards and can be approved. In addition to these technical issues, staff has concerns about the logistics of the zone change given STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 11 OF 12 • • Exhibit 1 that the anticipated IGA has not been developed or signed. One of the main reasons for the zone change and staffs support of it is that it will allow an efficient development of the entire quarry site. Staff does not want to allow this zone change to move forward and then have something fall through and be faced with a developer wanting to develop a non-cohesive development on Tigard's portion alone. With that in mind, staff is recommending that the zone change and text amendments be effective upon the signing of the Intergovernmental Agreement between the City of Tigard and the City of Tualatin. April 26, 2001 PREPARED BY: Julia Hajduk DATE Associate Planner • April 26. 2001 APPROVED BY: Nadine Smith DATE Long Range Planning Manager is\Irpin\julia\Durham Quarry staff report.doc • STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 12 OF 12 • • Exhibit 2 Proposed Tigard Comprehensive Plan Text Amendments For the Durham Quarry Mixed Use Development The following changes are the applicant's proposed changes with modifications by staff as discussed in the staff report. Because portions of the text being amended were adopted as part of the Washington Square Regional Center Plan which has not been implemented and incorporated into the Comprehensive Plan, the italicized text(which represents the text adopted as part of the Washington Square Regional Center Plan) must be adopted and incorporated into the Comprehensive Plan at this time as well. The underline text represents proposed additions and the text with s trike throughs represents proposed deletions. Tigard Comprehensive Plan, Findings Policies & Implementation Strategies, Volume II 1. GENERAL POLICIES IMPLEMENTATION STRATEGIES 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply the land use categories in the following manner: Strategies a. through j. no change n. Mixed Use Commercial District— Principle development in these areas will be high density office buildings, retail and service uses. MUC districts will encourage larger buildings with parking under, behind or alongside the structures. There are two applicable mixed use commercial zoning districts: MUC and MUC-1. A zoning designation of MUC will also allow mixed-use development and housing at densities of 50 units an acres. - - - " - .-. .. - - - :"- - .. _ . , . - . _ _ _ _ -- -. . - . The Regional Center Plan recommends that land around the Washington Square Mall and land immediately west of Highway 217 be designated distrietMUC. A zoning designation of MUC-1 will allow mixed-use development and housing at densities of 25 to 50 units an acre. The MUC-1 district is applied to the Durham Quarry site. 2. CITIZEN INVOLVEMENT—no change. 3. NATURAL FEATURES AND OPEN SPACE—no change. 3.3 NATURAL RESOURCES Findings: CPA 2001-0001 DURHAM QUARRY EXHIBIT 2, PAGE 1 OF 4 • • ;1 ti Finding 1 —no change •Finding 2— [delete] "-- - • - . • -- . - - .. -- • - -- - 4. AIR, WATER AND LAND RESOURCES QUALITY—no change. 5. ECONOMY POLICIES 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT, AND ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS. (THE DENSITY OF RESIDENTIAL DEVELOPMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE R-40 DISTRICTS.)AND; EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI-FAMILY DEVELOPMENT SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT R-40 DENSITIES.-; AND WITHIN THE MUC-1 DISTRICT,WHERE RESIDENTIAL USES SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25 UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE. RESIDENTIAL USES WHICH ARE DEVELOPED ABOVE NON-RESIDENTIAL USES AS PART OF A MIXED USE DEVELOPMENT SHALL NOT BE SUBJECT TO THESE DENSITIES. 6. HOUSING-no change. 7. PUBLIC FACILITIES AND SERVICES—no change. 8. TRANSPORTATION—no change. 9. ENERGY—no change. 10. URBANIZATION—no change. 11. SPECIAL AREAS OF CONCERN—no change. 11.9 [RESERVED FOR WASHINGTON SQUARE REGIONAL CENTER] 11.10 DURHAM QUARRY MIXED USE DEVELOPMENT AREA In 1999,the City of Tigard,the City of Tualatin and the property owner,Washington County, agreed to work together to encourage a high quality,pedestrian-friendly,transit- CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2, PAGE 2 OF 4 • oriented mixed use development on the site of the Durham Quarry site. Only 7.2 acres of the 28-acre site are within the City of Tigard,the remainder is within the City of Tualatin. The jurisdictions have been working together to develop an intergovernmental agreement • wherein the City of Tigard would authorize the City of Tualatin to make land use and building permit decisions for the portion of the quarry site within Tigard. POLICIES 11.10.1 THE CITY OF TIGARD WILL CONTINUE TO WORK WITH WASHINGTON COUNTY AND THE CITY OF TUALATIN TO HELP ASSURE THAT DEVELOPMENT WITHIN THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA PROVIDES A HIGH QUALITY URBAN ENVIRONMENT THAT EMPHASIZES PEDESTRIAN CONNECTIVITY. 11.10.2 THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA SHALL BE SUBJECT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUALATIN WHICH WOULD AUTHORIZE THE CITY OF TUALATIN TO MAKE LAND USE AND BUILDING PERMIT DECISIONS FOR THE PORTION OF THE QUARRY SITE WITHIN TIGARD. 11.10.3 A UNIQUE MIXED USE DISTRICT HAS BEEN ESTABLISHED FOR THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA KNOWN AS MUC-1. 11.10.4 THE MUC-1 DISTRICT IS INTENDED TO PROMOTE DEVELOPMENT WHICH ALLOWS A MIX OF USES,INCLUDING RETAIL, SERVICES, OFFICE AND RESIDENTIAL. THE MIXED USE COMMERCIAL DESIGNATION SHOULD ENCOURAGE DEVELOPMENTS THAT ALLOWS PEOPLE TO WORK,SHOP AND LIVE IN A COMPACT,PEDESTRIAN- ORIENTED COMMUNITY. 11.10.5 NECESSARY PUBLIC FACILITIES INCLUDING SEWER,WATER AND DRAINAGE FACILITIES,SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED, IN TIME TO SUPPORT NEW DEVELOPMENT. 11.10.6 NECESSARY TRANSPORTATION FACILITIES,AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT,SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED,IN TIME TO SUPPORT NEW DEVELOPMENT. 12. LOCATIONAL CRITERIA [NOTE: Section 12.5 added by Washington Square amendments which have not been implemented and incorporated into the comprehensive plan. Portions of the text must be adopted and • incorporated as part of this proposal. While the applicant's proposal includes the entirety of the Washington Square adopted text,the text below includes only the pertinent information which must be adopted as part of this proposal: ] 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2,PAGE 3 OF 4 • • b. APPLICABLE PURPOSE STATEMENTS;AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS 1. Mixed Use Commercial A. The purpose of the Mixed Use Commercial(MUC) land use designation is: 1. To create a dense mixed-use commercial district that forms the commercial core of the Washington Square Regional Center; 2. To create a high quality, mixed-use commercial district,in conjunction with the City of Tualatin, on the site of the former Durham Quarry; 3. To provide opportunities for major retail goods and services, office employment, and housing in close proximity, and with good access to transportation services; 4. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. Policies 12.5.2. THE CITY SHALL APPLY A MIXED USE COMMERCIAL LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT OR TO OTHER AREAS IDENTIFIED BY THE CITY AS APPROPRIATE FOR MIXED USE COMMERCIAL DEVELOPMENT. IMPLEMENTATION STRATEGIES - 1. The Community Development Code shall: a. Include a-two Mixed Use Commercial District;MUC and MUC-1; CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2, PAGE 4 OF 4 • • • Exhibit 3 Proposed Text Amendments to the Tigard Development Code The following changes are the applicant's proposed changes with modifications by staff as discussed in the staff report. The underlined/shaded text represents proposed additions and the text with strike throughs represents proposed deletions. Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A. Provide range of commercial services for City residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the City so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use, including residential, commercial and institutional activities, in new and re-developing commercial areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance . with the economic goals of the City of Tigard Comprehensive Plan. 18.520.020 List of Zoning Districts - A. C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. • B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at least one-half mile, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and collector street. Housing is permitted on or above the second floor of commercial structures CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 1 OF 15 • • at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R- 12 zone. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions, and transit-related park-and-ride lots, are permitted conditionally. In addition to mandatory site development review, design and development standards in the C-C zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian-friendly. C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. D. 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. E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. F. 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. G -+MUC-1:"Mi ex d lJse Commercial - 1: The MUC=1 zoning district, which::is designed to apply to-that portion of the Durham Quarry site within the City of Tigard, is a''mixed; .commercial..district bounded by ""729d. Avenue, Findlay Streetiand the rTigard Tualatin =and Durham city limits This site is the subject .of an intergovernmental agreement between"the cities of Tigard and Tualatin: Pursuant to that agreement the City of:Tualatin 'shall furnish all planning, building. and associated development 'review/permit services for the property. This zoning district is intended to mirror the City of.Tualatin's •Mixed Use Commercial Overlay•District (TDC2.Chapter 57)..It CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 2 OF 13 permits,a wide=range of usesAncluding commercial:.lodgm ,.general°'retail;offices:and fioi lifVtti a= latter"- 'includesr multi-familyA'ibi sing at�°at`minimum densifv>:'.of:25 units/acre and`-a$ii azi num=of`50`units/acre:=`:Additional uses;iricludinq.liut=not limited to a:major event`enterfainmentd'and='rriotocwefiicle :retail`s<fuel.a les,e=:are`:p re mitte-ii conditionally:tKirrfaddiition to:the stand Xds-of Phis;cFiapfer, development:w thin:.tfiis lone'is subject to-the-standards'of 18.640:1 18.530.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; • 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is • presented in Table 18.520.1. C. Accessory structures. • 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit. 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities • (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1 C-05 C-G C-P CBD MUE20 IVIUC-1i RESIDENTIAL Household Living N R6 R11 R13 R17 R21 P Group Living N N C N P N C . Transitional Housing N N C N C N C Home Occupation R2 R2 R2 R2 R2 R2 P� CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 3 OF 13 • S TABLE 18.520.1 (Continued) USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1 C-05 C-G C-P CBD MUE20 MU6=1' CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C Colleges N N N N N C C Community Recreation NP N N P C N Cultural Institutions P P PP P P P Day Care P P P P P P P Emergency Services P P PP P P P Medical Centers C N C C C C C Postal Service PP PP P P P Public Support Facilities PP PP P P P Religious Institutions C C P C P PE Schools N N N N N C C Social/Fraternal Clubs/Lodges C C P P PP P COMMERCIAL Commercial Lodging N N P R14 P P P Eating and Drinking Establishments C P P R15 P P P Entertainment-Oriented - Major Event Entertainment N N C N C N C - Outdoor Entertainment N N P R15 P N N - Indoor Entertainment PP P P P P P - Adult Entertainment N N C N C N N General Retail - Sales-Oriented P P7 P R16 P R22 Res - Personal Services P P P P P R22 R25 - Repair-Oriented PP P N P R22 R25 • - Bulk Sales N N P N N R22 R29 - Outdoor Sales N N P N N N N - Animal-Related N N N N N P P Motor Vehicle Related - Motor Vehicle Sales/Rental NN P/C12 N C N N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22 R25 - Vehicle Fuel Sales C C C N C N C Office P R9 P P P P P Self-Service Storage N N C N N N N Non-Accessory Parking C C P P P P P INDUSTRIAL Industrial Services N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N - General Industrial N N N N N N N - Heavy Industrial N N N N N N N Railroad Yards N N N N N N N Research and Development N N N N N R24 R24 Warehouse/Freight Movement N N N N N R24 N Waste-Related N N N N N N N Wholesale Sales N N N N C N N CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 4 OF 13 • • TABLE 18.520.1 (Continued) USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1 C-05 C-G C-P CBD MUE20 MUC-1l OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/J 1 Rail Lines/Utility Corridors P P P P P P P Other C4 co NA NA C19 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted 1AII permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 6Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 11A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 5 OF 13 14 • • Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As 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. 16May not exceed 10% of the total square footage within an office complex. "Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. '$Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20AII permitted and conditional uses subject to special development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22Retail and sales uses may not exceed 60,000 gross leasable area per building within the Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted. 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted 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. ZSPermitted provided the use is no larger than 60,000 square feet of gross floor area per building or business) F6Household Wliving limited to single:units, attached, and multi-family including but not limitegi."to. apartments; attached :condominiums,- townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre! ?'Wireless onlv•as attached to structure within height limit— see=Chapter 18.798 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.310 and 18.320; 2. All other applicable standards and requirements contained in this title. • CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 6 OF 13 B.' Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES MUE CBD Residential R-25 STANDARD C-N C-C[4] C-G C-P CBD R-40 R-12 C-G MF DU* MU6-1 Minimum Lot Size 5,000 sq 5,000 sq ft None 6,000 sq None None None None - None -Detached unit ft • - - ft - - - - 1,480 sq -Boarding,lodging,rooming - - - - - - - - ft house - - 6,100 sq ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None Minimum Setbacks -Front yard 20 ft 0/20 ft[5] 0 ft[6] 0 ft[6] 0/30 ft[7] 20 ft 20 ft 0 ft[6] 20 ft See_ -Side facing street on comer& 20 ft - - - 0/30 ft[7] 20 ft 20 ft - 20 ft X18.640•' through lots[1] 050-(B) -Side yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 10 ft[9] 10 ft[9] 0/20 ft[3] 10 ft -Side or rear yard abutting more - - - - - - - - 30 ft restrictive zoning district -Rear yard 0/20 ft[3] 0720 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 20 ft[9] 20 ft[9] 0/20 ft[3] 20 ft -Distance between front of - - - - - 20 ft 20 ft - 20 ft garage& - property line abutting a public or A private street. Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft[8] 60 ft 60 ft 45 ft 45 ft 707ft Maximum Site Coverage[2] 85% 80% 85% 85% 85% 80% 80% 85% 80%[11] 90% Minimum Landscape 15% 20% 15% 15% 15% 20% 20%[10] 15% 20% +10 ■ Requirement [1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [2] Includes all buildings and impervious surfaces. • [3] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [4] See Section 18.520.050B for site and building design standards. [5] No front yard setback shall be required, except a 20 foot front yard setback shall apply within 50 feet of a residential district. [6] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745 and 18.795 must be met. - [7] There are no setback requirements, except 30 feet where a commercial use within a district abuts a residential zoning district. [8] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. [9] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [10] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall be met for existing and new development. [11] Lot coverage includes all buildings and impervious surfaces. *Multiple-family dwelling unit C-N-Neighborhood Commercial District C-C-Community Commercial District C-G-General Commercial District • C-P-Professional/Administrative Office Commercial CBD-Central Business District MUC1-Mixed Use Commercial CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 7 OF 13 • , 18.520.050 SpeciaLLimitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Section 3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; • 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment; and 4. Uses operating before 7:00 AM and after 10:00 PM shall be subject to the conditional use provisions, as governed in Chapter 18.330. B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities, and as allowed in Sections 3 and 4 below; 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail, where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than 5% of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject to conditional use provisions, as governed by Section 18.330. - C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient lodging, shall not be subject to this requirement; 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. D. 'In the MUC-1 zone.-,In addition to the standards of this Chapter, development in the` MUC=1 -zone: is subject to Chapter 18.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin! 18.520.060 Additional Development and Design Guidelines— [No changes.] CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 8 OF 13 • • fim?TfE 1 I f 6Ti brilkHAM;4UARitY;b Es fdatt 77A-t■i teetiong:! • 0:6:476:6TOTTITkiiiiiii4 18.64O.020Pérrñitted Uses 18:640.030. Used I8:640.040 P ApIicàbiIit 640O50: DOvélópmeht Standards 18.'6401060.: 7-tleteriiii hi g Net:AdieS 18640070 Not Used 81640.686.: :Not 40:6461606. Used 40646.106' 4.0.64046 i 4 ti'Sta a-rd s r181640:400,2. Latidtediiiti4..arldSteeenthq 38:640f2-50tf.--. iti-dUld Friel , 640:01 gnizeàñd edbohirriodateAhe=:dhangin0 ersoñaliservices are emphasied but residential uses are also allowed A second purpose rdeitirhefetallte'siiferifiarthatiketolaVe7::bilallbviiihg:.ebrhrrial-biarand '6661=6'AiiigfeiY.11'.'664.:66iii61+:'8fifie u6fiv ird.r6i64filie-1K6tr.:446161V6i666-ii under certain tegi'ildtiOftSz:bOrfitherial.and residential used 66;e7OriipatiblefrizttiewiXed:tis6.,doitirti6r6iarDitricti 646:02017Niiii"Iff—et LiSeS'iarethoSaiii.'6?Beiriiitted.:66trigiit,orWitiiTe'Sliittions within thet:MUC-T:base i86461030 Cc n'ditióñàF Uses IANCOlidifi6hat.OSeS'arreafidSe-iTsc:TITv'ed'iddiiTiltrariallY•Withiti..the IA C4-17be-se:FOrie4iiiaia idc8'aletiiiii.-18:526.086i 18640.040 -Applicability. FA75TheSe'tleSigh;standardaiied ihrthe'dijf of Tigard Ad'the':bilifighTQi_iarri-Site._.:The' • ..„. bOundarieS:iifthiSiitd l'e.`..deSoribed.b\i'theliitergoVertirrielital-A4teerherit dated: BY.L.:CotiflidtirWStinaards:Ni7idditiOr to the standards of 18.5f0 (Commercial Zoning Districts hand other applicable standa(ds of Atie-develapilietit code the followitig'.desighstandardg Ird eveloOtiielittOdated:with ih the butha rh-Quarry-.With i the MOCI_ ThT61)6V-61ciiiii'leett.tbde Standardiri thisfSe8tibh:Shall-goVerni • CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 9 OF 13 411 • 18646.05,1:: elotitneed ' - With.apPliCable develainient standards:eXCePt nd minor.viiianCei are'granted in-a'CCPrdenCe-iiiftifheTerifii-6ftheiniergiWerhrrienfel 'Agreement between Tigard and Tualatin) tC. beVeloPenenestandards:! 1. Minimum lot.area: 2. Minimum building setbacks None. 3. Except as determined in the Architectural Review proceSs; maximum buildiriO'SetbaCkS jare:l Commercial: 10 feet front and Streetside;:0-interioeSide and rear: except When the Side and rear abut a residential district it is 20 feet. 157ReSidential: 2121feet frdnt:0 rear and interior side; except when 6eside:arid'feat': abut a residential district it iS,20:feet; 20 feetStreetsideJ__ ,lilinirridrn•building height: Except for theater&and.cinerriaS which can be one story,'20 feet! MaxiinTM bUilding height: 70 feet.] readirenientS:2For'deteeenihing floOr area fetid (FAF4andi'eSidential establish theiof area_ „.. • 8--The minimum FAR for development ancl-miXed-Vse development WhibtiinaiideS:greSidentiornaohentliS"b:66. In mixed-use deveidPmentS.j 'eeSidential.floor areais'inCluded in the calculations of FAR: b. The iiiinienurtidentityfor residential-only Peoiecte is 25 dwelling'units per net°ad& IThere:is.no FARifor retidentiakonlv projects! E . The maximum deriSitY.foe:teSidential-ohli-peoiectS is nelaceeJ 18761tilisTr Determihing-Net Aes Net7a7Fei:ifiall.be Subtracting the following land areas frdriFthe'gross acres (all Of the'land inClUded in'the.legal description'Of the property to be developed):rA: -The following'sensitiVeland '1 Land'Within the flOOCiplain;: :2.: Land exceeding 25% slope--; 3. Drainage ways; and Wetlands.I t:.,-,Laiddedicated to the public for park purpdses; 0. tehdr:clediCated:to the public fOr.rights-of-way. When actual information -is following formulas nay be used:! . - Single-family development'aiFOCate 20% Of gross acres 2. ' Multi-fa'mily development including but not limited to'ePertmentS.Condominiums and townhouses : allocate 15% of gross acres; and E Land proposed for private streets. 18.640.070 .1NOt used 1-8.640.080 ••Not-iiSed 18;640090•.1 Not used 18.640.100 Access Except as Provided belOW,:nd lot shall be'created without provision for access to the ôublic right Of-way in accordance with 18.705. Such access may be provided by lot frontage on a publid 'street Or byfcreating:UninterrUpted'Vehible and,pedestrian access between the sUbled lot and the public Stie-eU CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 10 OF 13 • 8:846201iYf': besign Stàndárd 1— Design Princips -etende7dsfor=fidErlioarietinibiietnerit§7617tho.7.7bilThein7Oteri) • gite;eddreee',eeNier61"•iihOdriaht:gtildin6fbrineiblei;:7tribludinb;di-eetirig:61iglikitiatitii,iiita.i.,§d bree'AiroVidirig:'6'.cOnvenient bedeetriert and bikeway•• ,:stet-rvend utilizing streetscape td create a high odelihi image for the areal ',beijelobiiient;ConfdriiiaribeNeik deVelbbrhOhT including re'rhodeling and renovationi • rdietsrèsulting in hon-single farnily-fes idèitiálUsd :are-exbeeted•to-bbritti 6016'164.1e character and quality of the areeln:.'edditiOn-ittirrieetiig::the„,design•standards bed below and other boVelaprnent-standerdreouited,b‘i::the,DevelbOrrient.endIhiildin4:COdes deVel6bWeritg■iiiit-be rehUireik&:dediteTerid:frribrit4e=bLbliblireet ; facilitie such as sanitary sever water and 'stOrtnedteiticade:ferid..birtioib'eferinIuridir4fUturel itei feari6firtelkiffeherbIritiC- Standerde`i DeVeldbniefifelialEtridetthdifollblivi rig',8•ite:degigb Buildrri plê rtientbn MaiôraAdMiñbr Areial Biiiidinbe'•Tiheltbbd•-bOVIa"-„m—tritm'Airn—,lbf 60W'Of Mejer7enTkiinbe7kiferiet:44etiterife6e1§'::-E§trilai6i:= i41'be located at public etiiefinteteebtibns;ori-biajOr‘andMinot,Afteefal :a.:-`5P.,,rdiitIVetd,461bibldegigli-fdr,,eettrebk-sTgieter.lhell gliei-b::.:6"iiiike&e'eseiiiolidfiffideW'elk,:igtiethe's••Ord■iidedliet■keenieiitrrYeldeYe-ritfib' iiiibliTitreetlitletde §WaSiAC&Bilirairid';'!ehtitusIbbi'ditheratig:kreettrii-748 ihitirdienienThrehalfrbe4)rb■tided-Tbrizalrgtre'ete.:::L4ndgbabing'ifielllie`-',OeVelopiedltd:;6h1411 'gfarid6idliiii456611-dti&fg4ridaii,L4MaiidaM.66,6 ebeidva"4._H r'd4i:iiigtdif6V66g r4,..;7::P.Afelkile-Woorfnebtronliteillijildirig'-rfentretteoe.::••fillielkIkabbrinebtion-i'e•-4.,ebuired136tineen'7d wird walkway shall eet4idecelierrigd.Wibi'itiTC'eTiTanereleZerri-6&reiOgNiiiWkeTieTs7tiiiiidirV4 errtr6hb'efe'.'drifrierifies'ef'e';birbtlefre'dtliiterie'dti'drf'ere:'rda't'ifr'ed:qffeie'eii5i',ghei 66ritribbig46:theliiiiiiinbrifierk4:6131rig,feritilrehierith) . 677ParkinbAdbalidft,'arid.ldrididajoe design Parking for buildings or phaSes adiacerit td ublic street rights-of-way shall be located to the side or rear of ne■kfIVtenetrueted buildings When buildings or phases are adiacent to more than one public street pnmary gtreet?el'2eliettrheAdertifiedinitierellii rë irmënfàppli6s•..':If 166.e'tedY6K..tne'ilEeib4rkiri4 is I lin ited7td:'50%-,:c:C7T-retTelFeWriend must be behind EbnAildted484h;Li Ld g'6-erie-'58titideidThe ihi rn6iii:deiSths'ofthe.;E=firati-CiseAtie'd Oa;isfivêféet or is equal to theTbUildin6 ietbaCk, vihithever is,greiterA riferidfirld e:e and reei';s4rd87- fiell be landscaped yard gliditTe:bilblib'etreef4lierelthelt be lendkebed'id.eif baie''',..Stelibleret.•See 48.640.:206-(D).1 gi..iilditDesigii:Staridardsi • Ndrkiiidefitlel buildings sghal Obiribljf Gi-oünd floorsidribol■k?;'Street.-feting-,'016-Vetoer's within:the Building Setbacic- 0, d . feet) along public streets:::41eft,irieludeerriiniretUni of..669kof the6FbUndfid6r4eil area iliiith;Windb■;iisdie-bley,ii-eet.te'dObi-wei.:60ening8:•:.Th66tOLInci,,floor..iieliareg halI be rneeirredfrOin three feet above grade to nine above grade the.entire width of the street-facing,elevation:,The ground floor window reduifemehtihell be FneNiithiriAtie-4e6u-rid.floof wall area:end"f6rVigi'dbomavotionirigs:td groan . CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 11 OF 13 Up to 50% dflt ground floor window reduirenient'may�e met on an adioininq elevation as�lonq.as�:all of the requirement is located at a building corned _ 6,;.Building facades:=Facades:thatface a'publicst"reetshall extend than`50feet Without providingat least one of the following features ;'i) a variation in building Materials) iii) a building-Off-set of at least 1 foot (iii) a wall area that is entirely separated from other•wall areas by a'proiection, such as an arcade,'or (iv)by other design features that reflectthe building's structural system) (v)- No building facade.shall extend for more than 300-feet without a pedestrian connection between or through the building.' c :Weather protection:ITeather'protection`forrpedestrians,-such as'awnings.canopies and arcades shall be provided at building entrances.Weather protection is encourage along buildiing`frontages abutting a'public sidewalk or a hard-surfaced expansion=of a sidewalk;°and along building`frontages between'a building entrance and a-public street or accesswayl d 7<B'uilding.Materials. Plain'`concrete block -plain:concrete;1corrugated metal.plywood sheet-press"board=or vinyl=si'diing shall not"be fused°as exterior finish materials I Foundation material maybe plain'concr'ete:or plain concrete block where the foundation'naterial•is'notrevealed for more 2-feet e. >.Roofs`and`Roof Lines: Exceptih ihe_case of a l gilding entrance:feature'-roofs shall be.designeddas an extension'.of the prit ary.`materialsused'for the'building and should`respect.the'building's structural.system°and-architectural style2False fronts and falseroofs'are."riot_permitted] f: 4Roof-rriounted"EauiOitient`Roof-mounted'dauipment.shall be:screened fromwiei from adiacent.public streets:=Satellite dishes and.other communication-equipment shall be"setback orpositioned on a roof so that exposure from adjacent public streets is minimizedi - 3. Residential-onljiand Mixed-Use Buildings whereat least50.1%:of the.grossfloor area of the building is residential Shalt-comply with 18.640.300i D. Landscaping and Screening J il. ..Applicable Levels. Two.levels.of landscaping and screening standards areapplicable.l The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in 18:640:400: These standards are`minimum requirements: Higher standards may be substituted as long as all height.limitations are met a. -L-1'Low Screen. For general landscaping of landscaped and screened areas within parking lots'and along local collectors and:local streets,-planting standards 18.745,1 Landscaping'and Screening shall apply. In addition the L-1 standard applies to setbacks on-major:and minor arterials. Wherethesetback is a minimum Of 5.feei between the parking lot and a maior or minor arterial,trees shall be planted at 3.'%2 inch caliper;Bata maximum of 28 feet on center. Shrubs shall be of a variety..that will provides 3 foot high screen and a_90% opacity within one year. Groundcover plants • must fully cover the remainder of landscape area within two years) b.-1-2 General Landscaping. For general landscaping of landscaped and screened areas within'parking lots, and along Iocal collectors and local streets, plantinq� 'standards 18.745;.Landscaping and Screening shall apply. In addition, trees shall be provided ata minimum 2'/2 inch.caliper, at a maximum spacing of 28.feet. Shrubs 'shall be of a size'and:'quality to achieve the required landscaping Or screening effect Within-two vearsi • CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 12 OF 13 ' 64016707:=DWircjiitit e•MibilitiPtiandaitds • A Frnt facades MDnmary around-flo&C&iiThOIi ntries orindividual aiiite-httieb;df4treet Eihtade7dWiffillii6:8Tienfeal61,ttife-l§treet4riottoAheitit6tioif:oi:.16-:.6 parking lot The front elevatidet 61,1aite.--ttlijetbee&'rhigtb`e'alvidedietbiefridller areas orlè •.Peorettit0 fetur=es,!stlei-r6`.§:15tiroh0§;::Iialedriletli-8)§zaiid dOritierSNiidd6ritfittif ediments are encourages for structures facing a street to create visual inIerest B Main entrance Primary oriented with their 1-h6iti:etitr 'n6e'lki 66 the street tiodri4hiehlh6 bitifeetfiiifitgNfithef'§itoA6,6n-.6.!abfiiet it niah6Afelit-iii6iii?eiitr-ailed :brienfed-to4ither§treefdr' Unit'defiiiition'.. windows ttrdetladinil:b16Q8tions,WbVIW&iditig:67e.ciadable 'gtedefi':'drbtindzIeVel.-Alkielliiiiip-iiitih611'.!iholift6:15braiellfieT 41611'156'6t dai..&:f661 feet D.- Roof lines . Roof-line offsets shall be provided at intervals of 40 feet or less to create varietJ in.the;iiiggiri645fithidifeg?-'6M7f6relleligtfigiffialifItifit1601-aftVaikiiiifliii'etiMefg shall Iief641friihitiiiiiii44:4fOcifii6tiiblifgliffgragiiralialibitirflielblifigeliiidZi-Rafiliiii611Sii Trim iirt fair b tedlo markll biildirIbfoof TggV156-bigit rikiirdOWTgad.V6174 iii-6176T-Z-7661-YfiiiiiraES/Titiiktifea!'gfe6414fdCiii4i:ereV/Wdrifici veiitt7f on eree'Hitig"*hall'116 inteijiateti:Ikittir exterior building design1 6.'f:;.Frattkiii0y1Pifiliritj and:166a1667-6i-Wg',:hi6Viidt be located between Ah and igiebiii.thetigfee'etifibtkiri44iiii6f661566iiide'd1 1:A;;Ini:a.gara0--thdt.is ftachCd to the priniary structure 2 In a detached accessory structure lodtèdat 16 §-f,50:feeffraffi'tfie front property line od • H. JPedegtriah"tirbuiatioti.1 1 The ôn:site pedestrian circulation system shall--bdfd6ntih htk 15'.:gb'cininibnlAii in-6'eSii6K'eSTatlind 6rid E1:-Parking 61 dagz CI:i.Sharéd-o'fieii-s§i5eVe.f:andblaV:6eek Abutting transit gfolt■ ;17:6?-id Any pedestrian amenity such as plazas resting areas and 7re'WW6iiiiiT.L ,71he6' foi each 200,1i nee i',.;feet of étreét frontac 6:1 1,8640.400 '1 e:64-0.506--,-f' Off-Street Paiking'inaLoaAing...S6d-413.765 -Staridardt:,seel 8.725 .4'6.640.700 18.775 16.640:800:-.):!-Wetlands,:Pniteetion.DiSttict':See 1 8175 CPA2001-00001 DURHAM QUARRY EXHIBIT 3, PAGE 13 OF 13 y :c. • • EXHIBIT 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes • May 7, 2001 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL • Commissioners Present: President Wilson; Commissioners Anderson, Olsen, Padgett, Scolar, Sutton, and Topp Commissioners Absent: Commissioners Mores and Munro - Staff Present: Jim Hendryx, Director of Community Development; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Next meeting is May 21St. June meeting is set for June 11 tt, 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Anderson seconded the motion to approve the April 16, 2001, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 5-0. Commissioners Olsen and Wilson abstained. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 / ZON 2001-00001 /ZOA 2001-00001 DURHAM QUARRY REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (l-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29-acre parcel owned by Washington County. Approximately 21 acres are located within the City of Tualatin and approximately 8 acres is within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long-term lease to a developer. After many months of PLANNING COMMISSION MEETING MINUTES-May 7,2001 -Pagc 1 • • multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200. ZONE: I-P (existing); MUC-1 (proposed). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. President Wilson stated that Washington County is a significant client of his office, but he has no financial interest in this application. Commissioner Topp stated that he has occasionally done work in the past for Gramor Development, which is currently bidding for development of the site, but that he does not have anything to do with this particular site. No challenges were made for conflict for bias or conflict of interest. STAFF REPORT Julia Hajduk presented the staff report on behalf of the City. She presented a vicinity map showing that the subject Durham Quarry site is currently zoned Industrial Park. The site consists of 29 acres, 8 acres of which are located in Tigard. The quarry is owned and operated by Washington County, which has deemed the site surplus land. It has been determined that because the property to the south in Tualatin is zoned as commercial, it would be appropriate to rezone the portion of the site located in Tigard for similar commercial use. The request is to rezone the site for mixed use commercial similar to the Washington Square area, which allows for a mixture of residential and various commercial types of uses. The request meets all of the standards except for the revisions set forth on attachments 2 and 3. Upon inquiries by the Commissioners, Ms. Hajduk offered the following clarifications: • MUC zoning differs slightly from MUE zoning in the types of permitted commercial uses, design standards, and the density that would be allowed. In accordance with the Metro requirements, general retail use in buildings will ' be limited to 60,000 square feet. • • In regard to the City of Tualatin having site design authority over property located in Tigard, the proposal is for Tualatin to have jurisdiction over review authority for development on the. site. Tigard would receive fees for building and planning permits, so there would be no loss of revenue to Tigard on this issue, but design review would be processed in Tualatin. Tualatin has PLANNING COMMISSION MEETING MINUTES-May 7,2001 -Page 2 • • adopted the same development standards as the Tigard standards. The Intergovernmental Agreement (IGA) will address issues regarding design review and aesthetic standards. There are still a lot of details in the IGA that need to be fine tuned. Commissioner Padgett suggested that the Commission's recommendation to City Council include language to make Council aware that design review by Tualatin may be included in the IGA. • The final zoning designation will be MUC-1. The Washington Square Regional Center zoning, which has been adopted but is not yet implemented, has a MUC zone designation. The standards for MUC-1 are the same as MUC with a few modifications. • This is a site-specific zone change and will not affect the rest of the I-P district. The zone change for this site is appropriate because one owner owns the entire site and the majority of the property is currently zoned commercial. • The consultant will address the reasons for the current regulations requiring that wireless cell towers may only be attached to existing buildings within the height limits. Staff can look into making a recommendation if that language needs to be changed. • When the site is developed, a traffic study will be done to look at traffic impacts. An application cannot be denied if it contains proposals for remedying traffic impacts caused by the development, but conditions can be imposed requiring mitigation of any impact. The applicant and consultant will address this in more detail. President Wilson stated that he does not believe the two zones are similar, as represented in the DKS Associates study. APPLICANT'S PRESENTATION Frank Angelo, consultant for Washington County (620 SW Main, Suite 201, Portland, OR 97205) and Larry Eisenberg, Facilities Manager for Washington County (111 SE Washington, Hillsboro, OR 97123) presented the application on behalf of the applicant. Mr. Angelo gave a brief history of the subject request. The cities of Tualatin and Tigard have been working with Washington County on the IGA for about 18 months. The usefulness of the Durham Quarry has expired and the County declared it surplus land a couple of years ago. The County put out an RFP to develop a quality, mixed use type of development. Approximately 21 acres located in Tualatin are zoned general commercial and approximately 7- 8 acres located in Tigard are zoned industrial. The County's intent is to create a quality mixed use development for the community using high quality design standards. With two zoning designations on the property, it would be difficult to realize this intent. The IGA will be signed by the County and both cities and will dictate and direct how future development will be reviewed on the site. The intent is to go through the City of Tualatin with the development application. The objective in creating the mixed use commercial district is to have a common set PLANNING COMMISSION MEETING MINUTES-May 7,2001 - Page 3 • • of standards for the entire site. The Washington Square MUC district was used as a model for the new MUC-1 zone proposed. The MUC-1 zone has been adopted in the City of Tualatin zoning code. Currently the IGA is being reviewed by legal counsel for both cities and the County. It is expected to be completed within the next two months. The MUC-1 zone on that site will not become effective until the IGA is signed by all agencies. The IGA will set forth the coordination aspects and the City of Tigard will be involved with any application process. Fees will be prorated between the jurisdictions. The architectural design review process will go through the City of Tualatin, but the City of Tigard will have an opportunity to participate in that. As the site is in the Metro Title 4 mapping area, big box uses will be prohibited; retail uses are limited to 60,000 square feet in the MUC-1 zone in accordance with Metro requirements. The City of Tualatin requested that the clause regarding wireless communication towers be included in the IGA. Towers will be permitted, but are required to be . attached to buildings. In terms of the traffic generation assumptions contained in the DKS Associates letter, the most intensive types of uses are considered in both the existing and the proposed zone. It is. recognized that traffic impact is a big issue at that location and it will be addressed when a development proposal is submitted. The County is currently in the process of selecting and making a recommendation on a developer for the site. The recommendation will be submitted to the Board of Commissioners later this month. Larry Eisenberg, Facilities Manager for Washington County, is coordinating the development of this project. He stated that because the property is owned by a public entity, this is an opportunity to influence development of the site in a manner that is mutually beneficial to all the affected jurisdictions. The County recognizes the significant traffic concerns in this vicinity. It will address these issues and work with a development team to improve traffic in the area. The County's intent is to maintain active participation to ensure a high quality development. The property is owned by the County Roads Department and will not be sold; they are considering a long-term lease-purchase arrangement for the site. Any proceeds from this project will go into the County road fund to improve the transportation system. The County advocates the mixed use, high density concept and this development provides an opportunity to meet the needs of local and Metro area residents. The goal is to create additional park & ride opportunities and underground parking. The creation of a major theater on this site is being considered. This use is highly compatible with the necessity to address the parking needs of the area as well as meet the goal of developing a high quality mixed use development, create a long-term revenue stream for road and transportation improvements, and enhance the area. PLANNING COMMISSION MEETING MINUTES-May 7,2001 -Page 4 • • Mr. Angelo stated that one of the objectives of the IGA is to lay out the procedural review process, but more importantly it will solidify the partnership between the participating jurisdictions in terms of how future development occurs in the area. The IGA will ensure that coordination occurs among the jurisdictions and the objectives of both communities are reached. Mr. Angelo, Mr. Eisenberg, and staff responded to inquiries by the Commissioners as follows: • Regarding the current level of service at the subject intersection, no specific information is available, but it is estimated to be D or E. ODOT is interested in future development at this location and has considered moving 72nd Avenue further west from the interchange. There is also a concept discussed to connect 72nd Avenue to Hazel Fern, to divert traffic around the interchange through the subject site. A currently scheduled project on Lower Boones Ferry Road creates an opportunity for this development to improve the interchange. 72nd Avenue and Lower Boones Ferry Road are County roads. • Funding for this interchange improvement is not currently available. The development team will be considering all available avenues for funding. One possible source of funding is traffic impact fees. The developer could be required to provide some improvements as a condition of approval. • In regard to permitted uses, a variance cannot be given for use restrictions, such as for a use that is not allowed, but can be given for such things as setbacks. Generally, variances are for development standards, for example to quantify dimensions, and not to extend uses. Uses are well defined in the code; however, classification of a specific use may be subject to the planning director's interpretation. Most specific uses can be accommodated within the current use classifications. If there were any question as to the classification within a general category of a specific use as proposed, the planning director would determine the classification. • The development standards of the Tigard and Tualatin codes are intended to be identical for this MUC-1 zone, with minor variations due to the structure of the two codes. The MUC-1 zone is modeled after the Washington Square MUC zone. Tualatin adopted the new zone last year and has indicated a willingness to modify the standards based on input from Tigard or from the developer. • To provide the opportunity for mixed uses in this development, residential use • is permitted in this new zone. A mixed use zone implies a higher design standard. Commissioner Padgett commented that perhaps a minimum residential percentage requirement for mixed use zoning should be considered for addition in the code. PLANNING COMMISSION MEETING MINUTES-May 7,2001 -Page 5 • • • General retail outdoor sales, such as outdoor eating patios, would be allowed, but outdoor car lots, for example, would be prohibited. • Tualatin has an architectural review board with decision-making authority, which reviews applications as they come in. Tigard staff would have an opportunity to comment at those review meetings, but would not have a member on the board itself. However, in establishing a negotiating team with the chosen developers, there will be participation from both the City of Tigard and the City of Tualatin, as well as the County, on the negotiating team. The negotiating team will establish with the developer the exact details of the project in all aspects. This provides all of the jurisdictions an opportunity to shape the development before it reaches the review board process. - PUBLIC TESTIMONY None PUBLIC HEARING CLOSED The Commissioners discussed the following issues: 1) a minimum percentage requirement for residential use in a mixed use zone; 2) office and retail use in a mixed use zone; 3) the Tualatin architectural review committee, Tigard's history of not using such a process, and formal representation of Tigard on that committee; and, 4) traffic concerns and improvement of the interchange. President Wilson stated that he wants a real traffic study done for this area. He presented a comparison, attached as Exhibit A, of the permitted uses and development standards for the current I-P zone and the new MUC-1 zone. He believes the DKS Associates study is inaccurate and that this area will be developed more intensely. Commissioner Topp summarized the concerns of the Commission: 1) that development will be subject to architectural and planning review by the City of Tualatin; 2) that the traffic study is insufficient to adequately determine the impacts of the potential development; 3) emphasize that mixed use as proposed does not require a minimum mixture of residential and commercial — it could develop as all commercial or all residential. Commissioner Topp moved to recommend approval of the Durham Quarry Project, CPA 2001-00001, ZOA 2001-00001, ZON 2001-00001, with emphasis that the items of concern as listed above are brought to Council's attention. Commissioner Padgett seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS None PLANNING COMMISSION MEETING MINUTES-May 7,2001 -Page 6 • S 7. ADJOURNMENT The meeting adjourned at 8:55 p.m. Jerree -aynor, P :nning p ommission Secretary V/ I ATTE' : President Nick Wilson PLANNING COMMISSION MEETING MINUTES-May 7,2001 -Page 7 ti • EXHIBIT 6 DKS Associates 1400 SW 5fb Avenue, Suite 500 Portland, OR 97201-5502 Phone: (503)243-3500 Fax: (503)243-1934 June 5, 2001 Larry Eisenberg Washington County Real Estate Management 111 SE Washington Street MS 42 Hillsboro,OR 97123-4029 Subject Updated.Transportation Assessment of the Proposed Durham Quarry Site Land Use Re-Zone in the City of Tigard Dear Mr. Eisenberg, At your request,we have elaborated on our previous assessment of the preliminary transportation impacts associated with the change in zoning and comprehensive plan designation for the lands within the Durham Quarry site that also lie inside the City of Tigard boundary.Our original findings were submitted in a letter dated February 21,2001.This memo responds to comments made at the Tigard Planning Commission hearing that suggested a broader review of potential land uses associated with the re-zone. Background The Tigard portion of the quarry site consists of 7.2 acres that are immediately contiguous to the remainder • of the surplus quarry site(21.4 acres)that are within the City of Tualatin jurisdiction.The Tigard piece is currently designated for light industrial uses.It relies on vehicular access from SW 72"d Avenue or a possible future shared roadway or easement through the southerly property to SW Bridgeport Road.No direct vehicle access is expected onto SW Upper Boones Ferry Road. The Tualatin portion of the site has a zoning designation that allows mixed-use development. Washington County and the cities of Tigard and Tualatin have agreed that the site should be developed as one site. Tualatin would hold the land use review authority for the Durham Quarry site after an intergovernmental agreement with the City of Tigard was signed.The combined development approach would allow for a broader scope of development and transportation solutions. Accordingly,Washington County is requesting a plan amendment/zone change for the 7.2 acre portion of the Durham Quarry inside Tigard to apply a mixed use commercial designation to the property.This designation will bring the Tigard portion of the Durham Quarry into a comprehensive plan and zoning designation similar to that which Tualatin has applied to its portion of the site.For the purposes of this review,it has been assumed that the City of Tigard will consent to this agreement. Transportation Issues We have the following comments on the possible transportation implications of the proposed land use action to change the land use designation and develop the entire quarry site as one unified project: 1. Vehicle Access—Looking to the future development of the site,under either the existing or proposed plan and zoning designation a full access connection onto SW 72"d Avenue intersection X-Drive:PROJECTS:2001:P01067 (Wash Co Durham Quarry) :Tigard Re-Zone rev4.doc ' 1 • • Larry Eisenberg June 5, 2001 Page 2 of 4 • may be difficult to achieve given the County's access spacing standards,its proximity of the SW Bridgeport Road intersection and the peak period vehicle queuing under current conditions. SW 72nd Avenue is designated as a Minor Arterial with a minimum spacing between adjoining driveways or public roads of 600 feet.Existing driveways into the park&ride lot and the retail area east of SW 72"d Avenue lie within the 600-foot minimum distance,and any new direct access onto SW 72nd Avenue would require a modification to county road standards to be approved by the county engineer.Future access to the site will need to be addressed within the context of the overall site plan for the development of the Durham Quarry. 2. Alternative Vehicle Access—The limited vehicle access to this site could be significantly improved by a shared roadway system with the adjoining Tualatin site.A better access solution would shift the major site access point onto SW Bridgeport Road via a new connecting roadway. The new intersection would be location westerly of Interstate 5 ramps.Past correspondence from ODOT requests at least 1,000 feet separation between the ramp junction and the new intersection. 3. Trip Generation—The previous analysis submitted on February 21 compared a"worst case" scenario using office and high-density residential trip generation as the basis for the analysis.Under this assumption,we found that the impact was around 100 additional peak hour vehicle trips and concluded that there is no significant impact to the transportation system per the Transportation Planning Rule requirement.No agency has disputed that conclusion.However,the Planning Commission requested that additional information on traffic be provided to the City Council at its June 12th public hearing on this Plan Amendment. Frank Angelo of Angelo-Eaton&Associates provided a comparison of the uses allowed in the existing Industrial Park(IP)district and the proposed Mixed Use Commercial(MUC)district that found few differences in terms of allowed land uses that would adversely impact the transportation system.Based on the information he provided to me,the following are the major differences from a potential traffic generation perspective: • Residential Uses: the MUC district allows multi-family at a minimum density of 25 units per acre and a maximum of 50 units per acre. The IP district does not allow multi-family. • Medical Center: the MUC district allows Medical Centers as a Conditional Use,the IP district does not allow this use. • Religious Institutions: the MUC district allows religious institutions as a Conditional Use. the IP district does not allow this use. • Schools: the MUC district allows schools as a Conditional Use, the IP district does not allow this use. • Major Event Entertainment: the MUC district allows major event entertainment as a Conditional Use, the IP district does not allow this use. • Personal Services: the MUC district allows personal services as a Permitted Use. This use is restricted to 20%of the entire square footage within a development in the IP district. • Bulk Sales: this use is restricted in the MUC district to 60,000 square feet. This use is not allowed in the IP district. There are a number of major uses that are permitted in both the IP and MUC districts that would have identical traffic impacts.Those uses that are permitted outright in both the IP and MUC districts are: • Commercial Lodging. • Indoor Entertainment: including movie theaters which is a likely use on the Tigard portion of the Durham Quarry site. L ' • • Larry Eisenberg June 5,2001 Page 3 of 4 • Retail Sales-Oriented: this use is restricted in both the IP and MUC district to 60,000 square feet. It is further restricted in the IP district to no more than 20%of a development complex. • Office. Of course,the IP district permits some uses that would not be permitted in the MUC district, including: • Light Industrial: allowed in the IP and not allowed in the MUC district. • Research and Development: this is a restricted use in the MUC district—permitted only as accessory to an industrial use. • Wholesale Sales: this is a restricted use in the IP district—permitted if all activities are wholly contained within a building. This use is not allowed in the MUC district. • Outdoor Entertainment: allowed in the IP and not allowed in the MUC district. Based on the above findings,we evaluated an expanded range of potential uses that include the following for the 7.2 acres: • Multi-family apartments at 30 units per acre(allowed only in MUC); • Office at a.5 FAR— 157,000 square feet of office(allowed in both IP and MUC); • Indoor entertainment,a 20 screen movie theater-4,500 seats/90,000 square foot building (allowed in both IP and MUC). • Mixed-Use Center—limited to 60,000 square feet per building.On the 7.2 acre site at 25%coverage a total of 78,500 square feet of retail could be accommodated—single story—in the MUC district. Because of the 20%restriction in IP, assume 32,000 square feet in the IP-20%of 157,000 square foot office development. The trip generation estimates for each of these cases is summarized in Table 1 for the daily total trips and for the p.m. peak hour trips. All but the first case(multi-family)has land uses that could be developed under either zoning designation. Table 1: Trip Generation Estimate for Four Alternative Uses on 7.2 Acres Allowable Use PM Peak Hour Trips Case Description Size MUC IP Daily In Out Total Trips 1 Multi-family 220 units • 1,432 90 44 134 2 Office 157,000 s.f. • • 2,164 57 279 336 Indoor Entertainment 3 (Multiplex Theater-20 4,500 seats • • 4,400 198 284 482 • screens) 4 Mixed Use Center 157,000 s.f. • • 5,075 191 379 570 General Office 125,000 sf. • • 1,723 46 222 268 Shopping Center 32,000 sf. • • 3,353 145 157 302 The total daily trips range from a low of 1,400 for apartment uses to a high of 5,100 for the mixed- use center concept.Second highest is the multiplex theater with 4,400 daily trips.The range during the afternoon commute hour is similar for all cases.This comparison shows that a more intense use i. • • , Larry Eisenberg June 5, 2001 Page 4 of 4 is possible on the 7.2 acre under either zoning.The more intense mixed-use center or theater complex would have a greater impact on the transportation system than the apartment uses,but this could be mitigated through more connections to the adjoining roadways and higher capacity intersections.The relative impact of the re-zoning action appears to be the same as under the existing zoning. 4. System Impacts—Because of the above points,the land use change on the Tigard portion will not have significant system impacts to the regional street system—the same conclusion as we have in our previous analysis.The relatively small change in traffic generation will not change the current functional classification of the adjoining road system,or degrade the current horizon year performance levels on roadways and intersections beyond levels already expected.Further study of these issues will be required at the time of development application to fully consider possible local impacts and issues such as access. Recommendations Our findings are continue to indicate that the proposed land use change of 7.2 acres in the Tigard portion of the Durham Quarry site will not significantly impact the surrounding transportation system and,therefore, there is no impact to the transportation system as defined by the TPR(660-12-060).Further study will be required at the time of development application to resolve the issues noted above.If you have any further questions,please call me to discuss. Sincerely, DKS As ociates, Inc. NI/ /L Carl 1D. Spri er,P.E. Project Manager Frank Angelo,Angelo-Eaton &Associates _ I 0 AG EN DA City of Tigard Community Dezelopment TIGARD PLANNING COMMISSION Shaping A Better Community MAY 7, 2001 —7:30 P.M. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. PLANNING COMMISSION COMMUNICATIONS 4. APPROVE MINUTES 5. PUBLIC HEARING , 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001/ZON2001-00001/ZOA2001-00001 DURHAM QUARRY REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres are located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200. ZONE: I-P (existing); MUC-1 (proposed) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. 6. OTHER BUSINESS 7. ADJOURNMENT • Agenda Item: 5.1 Hearing Date: May 7,2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OFTIGARD corny FOR THE CITY OF TIGARD, OREGON Sy B cow SECTION I. APPLICATION SUMMARY CASE NAME: DURHAM QUARRY CASE NO.: Comprehensive Plan Amendment (CPA) CPA2001-00001 Zone Ordinance Amendment(ZOA) ZOA2001-00001 Zone Change (ZON) ZON 2001-00001 PROPOSAL: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres is within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. APPLICANT/ Washington County CONSULTANT: Frank Angelo OWNER: Larry Eisenberg Angelo Eaton and Associates 111 SE Washington 620 SW Main, suite 201 Hillsboro, OR 97123 Portland, OR 97205 COMPREHENSIVE PLAN DESIGNATION: Existing — Industrial Park (I-P), Proposed —Mixed Use Commercial (MUC-1) LOCATION: Corner of 72` 'Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3:1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, and 7. SECTION II. - STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation of APPROVAL of the requested comprehensive plan amendment, zone ordinance amendment, and zone change to the City Council. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 1 OF 12 • . SECTION III. BACKGROUND INFORMATION Site History The entire 29 acre property, known as the Durham Quarry, has been operating as a gravel quarry for many years. The property was owned and operated by Washington County. The gravel has been extracted and Washington County has declared the property surplus and wishes to sell it or lease it on a long term lease. Vicinity Information The property to the south of the subject site is the portion of the quarry site in the City of Tualatin. The property to the north is zoned Industrial Park (inside the City of Tigard) and developed with an industrial office complex. The property to the west is in the City of Durham and •is zoned and developed residential. To the east is SW 72nd Avenue and property zoned and developed General Commercial. Site information and proposal description Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres is within the City of Tigard. The • Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. The City of Tualatin has already adopted essentially the same language that is being proposed with this application with the understanding that both jurisdictions will have the same standards and Tualatin will administer all land use and building permits for the entire quarry site. SECTION IV SUMMARY OF REPORT Applicable criteria, findings and conclusions • Tigard Development Code 18.380 • Tigard Development Code 18.390 • Statewide Planning Goals • Applicable Comprehensive Plan Policies • Applicable Metro Standards Additional City staff and outside agency comments Staff analysis, issues and concerns Attachments: 1. Applicant's narrative/proposal (includes proposed text changes as exhibits) 2. Staff revised Comprehensive Plan changes 3. Staff revised Development Code Changes SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS Tigard Development Code 18.380 Chapter 18.380 states that 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: Demonstration of compliance with all applicable comprehensive plan policies and map designations; STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-000012ON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 2 OF 12 • • • As described within this report, the proposed change is consistent with all applicable comprehensive plan policies, Development Code standards, applicable Metro standards and applicable Statewide Planning Goals. The proposed amendment to the zoning.district map will occur concurrently with the amendment of the Comprehensive Plan map from Light Industrial to Mixed Use Commercial, thus the proposed zoning amendments will be compliant with the Comprehensive Plan Map amendment. Compliance with the applicable Comprehensive Plan policies is addressed further in this report. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and As discussed above and within this report, The proposed amendments are consistent with all applicable plan policies, development code standards, applicable Metro standards and applicable statewide land use goals. 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. When the Industrial Park (Light Industrial) designation was placed on this property in the Comprehensive Plan, zoning map and Metro maps, the site was actively operated as a quarry. The land is owned by Washington County. Since that time, the quarry operation has ceased and Washington County has declared the property surplus, thereby resulting in a change in circumstances affecting the property. The cities of Tigard and Tualatin have been working with Washington County to identify an appropriate mix of uses for the site and have agreed to work together to help encourage a high quality, mixed use development on the site. Due to its proximity to 1-5 and arterial roads, it was determined that an industrial use would not be the most economic and efficient use of the land. In addition, because of the existing commercial zone to the south in Tualatin, an industrial zone would not provide an opportunity for a cohesive development over the entire quarry site. FINDING: Based on the analysis above and further in this report, the standards outlined in Section 18.380 have been addressed and satisfied. Tigard Development Code 18.390 Chapter 18.390.060G states that for legislative map and text amendments (comprehensive plan and development code)the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: • The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; • Any federal or state statutes or regulations found applicable; • Any applicable Metro regulations; • Any applicable Comprehensive Plan policies; and • Any applicable provisions of the City's implementing ordinances. This report addresses the applicable standards listed above and demonstrates that the proposed amendment complies with all applicable Statewide Planning Goals, Metro regulations, Comprehensive Plan policies and provisions of the Development Code. There are no applicable federal or state regulations other than those previously listed. FINDING: As discussed in detail throughout this report, the proposed amendments comply, or can be conditioned to comply, with the standards outlines in 18.390.060.G. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 3 OF 12 • • Statewide Planning Goals 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. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners within 500 feet of the subject site and notice was published in the Tigard Times prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be published prior to the City Council hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) in which an opportunity for public input is provided. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. As discussed within this report, the proposed amendments comply with the Development code and Comprehensive Plan criteria. Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. The Durham Quarry was utilized as a quarry for many years. Tigard assisted in protecting this resource by zoning the property industrial, recognizing the quarry usage needs of the site. Now, however, the quarry has been fully extracted and no longer needs protection as a resource. The County has deemed the land surplus and has proposed a zone change which will allow a more economic and efficient use of the land than if the zone were to remain industrial. Since the quarry use no longer exists, the change would not violate Goal 5. There is also a wetland area identified on Metro maps along the southern portion of the property. The applicant has stated this resource was created as a result of the mining operation. They believe that this can be adequately addressed during development review under the existing USA, Metro and City Sensitive Land standards. Because there are numerous review processes in place and the applicant is well aware of the issue, staff feels comfortable that allowing the property to be zoned as proposed will not, in itself, violate Goal 5 issues. Staff has explained to the applicant that there is a risk that this resource will have to be protected and may affect the development proposal on this property. Statewide Planning Goal 9 — Economic Development: The purpose of goal 9 is to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of Oregon's citizens. This is accomplished in part by requiring Comprehensive Plans to provide an adequate supply of sites of suitable size, location, etc., for Industrial and Commercial uses and to limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. While the proposed amendment will result in less industrially zoned land, the accommodation of a mixture of uses will promote opportunities for a variety of economic activities and will encourage diversity of development. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 4 OF 12 • • Statewide Planning Goal 10— Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. The proposed amendment will allow multi-family residential development at a density of 25-50 units per acre. The City currently complies with this goal by having a variety of density levels in residential zones, however, allowing some residential density within a mixed use development provides another avenue for housing opportunities. Statewide Planning Goal 12 -Transportation: This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. The applicant has provided a traffic report, prepared by DKS Associates, which states that the change from I-P to MUC-1 on this property will not significantly impact the surrounding transportation system. It is recognized that there are traffic issues in this area, however, these will be addressed once a specific development plan and related traffic study have been submitted. Statewide Planning Goal 13— Energy Conservation. This goal is intended to encourage uses developed on land to be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Priority consideration in land use planning should be given to methods of analysis and implementation measures that will assure achievement of maximum efficiency in energy utilization. The allocation of land and uses permitted on the land should seek to minimize the depletion of non-renewable sources of energy. By providing for mixed uses on this site, it is anticipated that the energy demand will be minimized because fewer and shorter trips will be needed to obtain necessary services. In addition, the applicant has indicated that building design techniques that can promote energy conservation will be considered during future design review stages of the project. FINDING: Based on the analysis above, staff finds that the proposed zoning does not violate applicable statewide land use goals. Applicable Comprehensive Plan Policies Policy 1.1.11(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal conforms with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was approved for adoption on October 24, 1996, by Metro as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-000012OA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGES OF 12 • • The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners within 500' of the subject property to ensure that they will have the opportunity to learn about the hearing and to participate in it. In addition, a neighborhood meeting was held on June 29, 2000 at the Tigard Fire Department, Station 51, 8935 SW Burnham Street, to present an overview of the proposed amendments to the community in accordance with the City's neighborhood meeting requirements. Policy 3.3.1 states that the City shall support the efforts of Washington County, Beaverton and Metro to ensure the availability of rock mineral resources. The City complied with this Comprehensive Plan criterion by designating the subject site industrial. As mentioned previously in this report, the quarry land is no longer in operation and has been deemed surplus by the County. The applicant has proposed changes to the comprehensive plan, which will delete the last finding discussing the Durham Quarry site. Staff supports this proposed change. Policy 5.1 stated that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Policy 5.5 states that the City shall prohibit residential development in commercial and industrial zoning districts except existing single family in mixed use employment shall be considered permitted uses and new multi-family density development shall be permitted and encouraged to develop at R-40 densities. Policy 5.1 is addressed because the proposed zoning will provide for a diverse mix of uses by providing a mix of commercial and residential opportunities on the same site. Policy 5.5 is addressed because the proposed mixed use zoning allows for residential development at a minimum density of 25 units per acre and a maximum of 50 units per acre. Housing: Policy 6.1.1 requires the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. This policy is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires that the City maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. The City is currently in compliance with this rule. The proposed Durham Quarry Mixed Use Commercial zoning will allow new multi-family developments and will therefore increase the supply of land available for multi-family housing. The current Industrial Park zoning only allows individual caretaker dwellings. Transportation: Policy 8.2.2: The city shall encourage the expansion and use of public transit by locating land intensive uses in close proximity to transitways; Incorporating provisions into the community development code which require development proposals to provide transit facilities; and Supporting efforts by TRI-MET and other groups to provide for the needs of the transit disadvantaged. The Durham Quarry mixed use development will allow the development of more intense land uses in close proximity to existing bus lines on 72"d Avenue and on Lower Boones Ferry Road. In addition, the site is within one-half mile of the Tualatin Park-and-Ride lot. The existing Development Code addresses the provision of transit facilities, therefore, required facilities will be provided when development is proposed on the site. The City of Tigard, together with the City of Tualatin and Washington County, will continue to work with Tri-Met on issues associated with the transit disadvantaged. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-0000120A2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 6 OF 12 • • Energy: Policy 9.1.1: The city shall encourage a reduction in energy consumption by increased opportunities for energy conservation and the production of energy from alternative sources. Policy 9.1.3 states that the City shall encourage land use development which emphasizes sound energy conservation design and construction. Allowing mixed use development on the Durham Quarry site will encourage reduction in energy consumption by allowing the opportunity for housing to be located in close proximity to jobs and transit. Locational Criteria: Housing Policy 12.1.1: The city shall provide for housing densities in accordance with applicable Plan Policies; applicable Locational Criteria; and applicable Community Development Code provisions. Medium-High Density and High Density Residential policy 12.1.3.A The following factors will be the determinants of the areas designated for high density on the plan map: (1) Areas which are not committed to low density development; (2) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas; (3) Areas which have direct access from a major collector or arterial street; (4) Areas which are not subject to development limitations; (5) Areas where the existing facilities have the capacity for additional development; (6) Areas within one-quarter mile of public transit; (7) Areas within one-quarter mile from neighborhood and general commercial shopping centers or business and office centers; and (8) Areas adjacent to either private or public permanent open space. The Durham Quarry site is not currently committed to low density development. Neighboring uses include a mix of office and residential in the City of Durham to the west, commercial to the east, light industrial to the north, and the remainder of the Durham Quarry site in Tualatin to the south. The existing development code has buffering and screening standards which will protect the existing residential neighborhood in the City of Durham. The Durham Quarry site will have direct access via Bridgeport Road and/or 72nd Avenue, both of which are designated as major collector streets. While there is a potential water resource area on the site (as discussed previously in this report) it is not believed to be a significant limitation to development in that development could be planned around it and the resource could be incorporated into a development proposal if protected. As described in the applicant's submittal - Exhibit F (traffic impact assessment from DKS), the proposed rezoning from IP to MUC-1 will not significantly impact the City of Tigard's street system. In general, mixed-use development can benefit the transportation system by reducing the overall number of trips by providing more opportunities for employment and retail activities on the site. Any proposed development on the site would necessarily provide transportation improvements'sufficient to support proposed new development and land use densities. Water, sewer and stormwater facilities are or will be available to the site when development is proposed. Existing bus lines serve this area via 72nd Avenue and Lower Boones Ferry Road. The applicant has indicated that neighborhood and general commercial shopping, business and office centers will likely be located on the Durham Quarry site, together with any proposed multi-family residential. The Durham City Park is the closest park to the site. It is located approximately one-half mile away. The applicant will be required to provide a minimum of 10 percent landscaping. During the design review process through the City of Tualatin it is anticipated and encouraged that there would be some common areas within the development dedicated and designed for public gatherings. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 7 OF 12 • • Policy 12.1.3.B states that the following factors will be determinants of the density ranges allowed in the medium-high and high density planned areas should the City adopt more than one, high density zone: 1) The topography and natural features of the area and the degree of possible buffering from established low density residential areas; 2) The capacity of the services; 3) The distance from public transit; and 4) The relationship of the site to existing neighborhood and general commercial centers and office and business centers. Given the topography, natural features and degree of possible buffering from the established low- density residential area to the east, the Durham Quarry site is well suited to the proposed density of 25 to 50 units per acre. Existing bus lines serve this area via 72' Avenue and Lower Boones Ferry Road. Given the relationship of the site to existing neighborhoods and the potential for the on-site development of commercial centers and office and business centers, the Durham Quarry site is well suited for the proposed density of 25 to 50 units per acre as part of the overall mixed-use development. Much discussion occurred with the City and service providers in determining the best use of this land and staff has received no capacity related concerns for this site as a mixed use development. Commercial Policy 12.2.1 A. Provide for commercial development based on the type of use, its size and required trade area B. Apply all applicable plan policies C. Apply the appropriate locational criteria applicable to the scale of the project. The Washington Square Regional Center Plan included amendments to the Comprehensive Plan locational criteria related to Mixed Use developments. The City Council adopted these amendments but delayed implementation until further study was done. In the interim, there are adopted standards that are not formally incorporated into the Comprehensive Plan. The applicant's proposal calls for some amendments to the Mixed Use Development language already adopted as part of the Washington Square Regional Center. Because the original language has not been incorporated into the Comprehensive Plan, the Council will need to adopt a portion of the Mixed Use section which relates to this development. The applicant's submittal (Exhibit A-3) shows the proposed amendments, however, staff has also included an attachment showing the entire language that must be adopted and included in the Comprehensive Plan in order to state that this proposal meets the Comprehensive Plan criteria and standards. The text staff is asking to be adopted is labeled ATTACHMENT 2 FINDING: Based on the analysis above, the proposed amendment complies, or will comply after suggested changes are made, with the applicable Comprehensive Plan standards and criteria. Applicable Metro standards Metro Functional Plan Title 1 — Requirements for Housing and Employment Accommodations Functional Plan policies in Title 1 seek ways to increase the capacity within the urban growth boundary, such as changing local zoning to accommodate development at higher densities in locations supportive of the transportation system. While the City currently complies with density requirements, the proposed amendments allowing mixed use development, including multi-family residential at densities of 25 to 50 dwelling units per acre, are supportive of the intent of Title 1. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-0000120A2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 8 OF 12 • • • Metro Functional Plan Title 3 — Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation Protect beneficial. uses and functional values of water quality and flood management resources by limiting uses in these areas. Establish buffer zones around resource areas to protect from new development. As stated previously in this report, a small portion of the southwest corner of the site appears on Metro's Title 3 map as a wetland area. This portion of the site included quarry operations and has been disturbed. Since this resource is mapped, issues related to Title 3, if any, will be addressed during future development review actions utilizing USA standards as well as the City of Tigard's Sensitive Lands Review standards. • Metro Functional Plan Title 4— Retail in Employment and Industrial Areas This title restricts some types of commercial development in designated Employment and Industrial Areas. The Title 4 "Employment and Industrial Areas Map" designates the Durham Quarry site as an "Employment Area". Metro Code 3.07.420.0 states that areas that do not allow retail uses larger than 60,000 square feet in Employment Areas shall continue to prohibit them unless they meet one of the exception criteria. The Durham Quarry site is zoned industrial and designated as an Employment Area on Metro's 2040 Growth Concept map. The. applicant's proposal shows limiting "bulk sales" and "repair-oriented" commercial uses to no larger than 60,000 square feet of gross floor area per building or business, however they have not proposed to limit sales-oriented uses. Metro provided comments to this extent stating that the applicant can either ask for a Title 4 map amendment removing this area as an Employment Area, or restrict the amount of retail to no larger than 60,000 square feet per building or business. Staff asked the applicant to respond. The applicant has stated that they would prefer to amend the zoning regulations to restrict sales-oriented retail and personal services to no more than 60,000 square feet per building or business. Staff has provided an attachment (ATTACHMENT 3, pg. 4) which reflects the changes proposed by the applicant with this additional restriction added. Metro Functional Plan title 7 — The intent of this section is to provide a choice of housing types, that regulation barriers to sufficient and affordable housing are reduced for households of all income levels that live in the region, that housing opportunities commensurate with the wage rates of jobs are available within each subregion, a process for addressing current and future need for and supply of affordable housing is initiated, and concentrations of poverty are reduced. By providing for a residential component, the applicant will be providing additional housing opportunities for people within this region. FINDING: Based on the analysis above, the proposed amendments will comply with the applicable Metro standards provided the retail uses are limited to 60,000 square feet per business or use as shown in Attachment 3, pg. 4. SECTION VII. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Police Department, City of Tigard Operations Department have reviewed this proposal and offered no comments or objections City of Tigard Engineering Department has had an opportunity to review this proposal and offered no comments or objections. City of Durham has had an opportunity to review this proposal and pointed out that the subject site map provided in the applicant's submittal (page 3) is incorrect. They indicated that they would likely provide additional comments but none have been received to date. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA200 1-0000 1 20A2001-0000120N2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 9 OF 12 • • City of Tualatin has had an opportunity to review this proposal and provided comments which are summarized below: The applicant's materials, p. 5, Table 1. states Repair oriented and bulk sales uses are restricted to 60,000 square feet but it does not explain exactly what the restriction is. Further in the materials (Exhibit B, p.7) there is a footnote that states "per building or business". Tualatin recommends that this language be deleted since their code does not have this same limitation. Tualatin's code refers to the 60,000 square feet in terms of building footprint. Staff response: Metro has provided comments indicating that because the property in Tigard is a designated Employment Area, retail uses (including the addition of sales oriented and personal services) must be limited to 60,000 square feet per building or use. Because of this, the restriction must remain on these uses even though this will result in a slight disparity between Tigard and Tualatin standards. Tualatin also pointed out that Exhibit B, p. 2 states that the maximum density of 25 units/acres. Staff has contacted the consultant and determined that this was a typo. Staff's proposed text changes (ATTACHMENT 3, pg. 3) reflects the correct language. Tualatin has concerns that the proposed language (Exhibit C, p. 3, 18.640.200, A.3) refers to the proposed IGA for resolving conflicting standards. Tualatin's language refers to an Architectural Review board which shall resolve conflicting standards based on criteria which a.) give deference to using 18.640 and b.) use the standard that will yield the highest quality development. Tualatin recommends that Tigard incorporate the same criteria into this section (without reference to the Architectural Review Board) because of the potential problems with having criteria and standards in the IGA, which is not a land use document. Staff response: It is staff's understanding that this was proposed the way it was because originally, it was proposed to use the same language as Tualatin, however the City of Tigard does not have an Architectural Review Board. The intent is to allow Tualatin's process to review the entire site, which includes review by the Architectural Review Board. Further, it is staff's understanding that the `terms"of the IGA would be that Tualatin's process is what is used to review land use proposals on the Tigard property, therefore, it is not a land use decision and will not result in conflicts. In any event, staff found that the applicant had proposed two separate sections to address conflicting standards. The section referred to by Tualatin has been deleted and there are no references to the IGA in Section 18.640.040B. The final comment from Tualatin is pointing out a typo in Exhibit C, p.5, 18.640.300, G, Parking. The typo currently reads "It there is no alley..." and should read "If there is no alley..." This typo has been corrected in staff's proposed text changes (ATTACHMENT 3, pg. 15). Washington County has had an opportunity to review this proposal and offered no comments or objections. DLCD has had an opportunity to review this proposal and indicated concerns that the proposed code language does not include certainty and direction to ensure that there will be a residential component in future development on the site. DLCD recommends additional code language that provides regulatory measures and incentives to increase the likelihood of mixed-use development on the site. One of the measures recommended is to limit the square footage of retail development and of single-use retail structures. It is also suggested that the City consider code language that encourages or requires "vertical" mixed use. STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 10 OF 12 • • DLCD also points out that, while the applicant states the designation will not significantly affect the transportation facility, Section 660-12-060 of the Transportation Planning Rule still should be addressed. It is noted that to successfully implement statewide Planning Goal 12, land uses and the transportation system for this area must be integrated and designed to maximize efficiency and reduce reliance on the automobile. Staff response: In response to Metro's comments, as discussed previously in this report, the standards for retail uses will be changed to limit the size of buildings and uses for retail to 60,000 square feet (in accordance with Metro standards). There are no state or regional standards which require a residential component for development proposed on this site. Mixed-use development is encouraged, however, Tigard complies with the housing density requirements throughout the City without this property being included. There is no need, therefore, to place additional requirements on this property to ensure housing is developed. In response to the transportation comments, the applicant does not have a specific developer lined up, nor a proposed transportation system plan for the development. When a specific plan is proposed, it will be reviewed in accordance with the standards of the Development Code with consideration to maximizing efficiency and reducing reliance upon the automobile. This standard will be thoroughly addressed at time of development review. Metro Land use and Planning Growth Management has had an opportunity to review this proposal and have offered comments regarding Title 4 compliance which have been incorporated and addressed within this report. Their comments state that the quarry site is an employment area, designated on the Title 4 maps and as such, cannot allow retail uses larger than 60,000 square feet per building or use without a Title 4 map amendment. Oregon Department of Transportation has reviewed the proposal and has provided the following comments: "as noted ODOT has no objections and has been involved in the process. Our issues pertaining to mitigating traffic impacts on the interchange will be addressed at the development stage." City of Tigard Water Department has reviewed the proposal and has offered the following comments: "It is the intent that Tualatin will also be the provider of water to this site?" Staff response: It is Staff's understanding that Tualatin will be the service provider for the entire development site. The details will be worked out in an Intergovernmental Agreement. SECTION VI. STAFF ANALYSIS, ISUES AND CONCERNS Based on the information above, the proposal complies with the applicable Development Code,, Comprehensive Plan, Metro and Statewide Planning goal standards with the following exceptions: • Proposal must include the full version of the Washington Square Regional Center language regarding Mixed Use Commercial development adopted into the Comprehensive Plan, and • Proposal must show that sales-oriented and personal service retail uses will be limited to no more than 60,000 square feet as proposed by the applicant. Provided these changes are made, staff finds that the proposed Comprehensive Plan text and map changes and the Development Code changes meet the applicable standards and can be approved. In addition to these technical issues, staff has concerns about the logistics of the zone change given STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 11 OF 12 • • that the anticipated IGA has not been developed or signed. One of the main reasons for the zone change and staff's support of it is that it will allow an efficient development of the entire quarry site. Staff does not want to allow this zone change to move forward and then have something fall through and be faced with a developer wanting to develop a non-cohesive development on Tigard's portion alone. With that in mind, staff is recommending that the zone change and text amendments be effective upon the signing of the Intergovernmental Agreement between the City of Tigard and the City of Tualatin. / f^' April 26, 2001 PRE RED Julia Hajduk DATE Associate Planner • {Y April 26, 2001 APPROVED BY: Nadine Smith DATE Long Range Planning Manager i:\Irpin\julia\Durham Quarry staff report.doc STAFF REPORT TO THE PLANNING COMMISSION 5-7-2001 PUBLIC HEARING CPA2001-00001/ZOA2001-00001/ZON2001-00001 DURHAM QUARRY CODE AMENDMENT PAGE 12 OF 12 • • ATTACHMENT 1 SEE COPY OF DURHAM QUARRY MIXED USE DEVELOPMENT APPLICATION FOR TEXT AND MAP AMENDMENTS TO THE CITY OF TIGARD COMPREHENSIVE PLAN AND TIGARD DEVELOPMENT CODE • • ATTACHMENT 2 Proposed Tigard Comprehensive Plan Text Amendments For the Durham Quarry Mixed Use Development The following changes are the applicant's proposed changes with modifications by staff as discussed in the staff report. Because portions of the text being amended were adopted as part of the Washington Square Regional Center Plan which has not been implemented and incorporated into the Comprehensive Plan, the italicized text(which represents the text adopted as part of the Washington Square Regional Center Plan) must be adopted and incorporated into the Comprehensive Plan at this time as well. The underline text represents proposed additions and the represents proposed deletions. Tigard Comprehensive Plan, Findings Policies & Implementation Strategies, Volume II 1. GENERAL POLICIES IMPLEMENTATION STRATEGIES 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply the land use categories in the following manner: Strategies a. through j. no change n. Mixed Use Commercial District- Principle development in these areas will be high density office buildings, retail and service uses. MUC districts will encourage larger buildings with parking under, behind or alongside the structures. There are two applicable mixed use commercial zoning districts: MUC and MUC-1. A zoning designation of MUC will also allow mixed-use development and housing at densities of 50 units an acres. _ - _ • • - - .- _. . _ :. •: _ - _. . . , . - _ _ - _ _ -- . . . - . The Regional Center Plan recommends that land around the Washington Square Mall and land immediately west of Highway 217 be designated . •• _ . - ._ - ••- distrietMUC. A zoning designation of MUC-1 will allow mixed-use development and housing at densities of 25 to 50 units an acre. The MUC-1 district is applied to the Durham Quarry site. 2. CITIZEN INVOLVEMENT-no change. 3. NATURAL FEATURES AND OPEN SPACE-no change. 3.3 NATURAL RESOURCES Findings: CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2, PAGE 1 OF 4 • • Finding 1 —no change Finding 2—[delete] There is one active mineral or aggregate resource within the Tigard 4. AIR, WATER AND LAND RESOURCES QUALITY—no change. 5. ECONOMY POLICIES 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT, AND ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS. (THE DENSITY OF RESIDENTIAL DEVELOPMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE R-40 DISTRICTS.)AND; EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI-FAMILY DEVELOPMENT SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT R-40 DENSITIES..-; AND • WITHIN THE MUC-1 DISTRICT, WHERE RESIDENTIAL USES SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25 UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE. RESIDENTIAL USES WHICH ARE DEVELOPED ABOVE NON-RESIDENTIAL USES AS • PART OF A MIXED USE DEVELOPMENT SHALL NOT BE SUBJECT TO THESE DENSITIES. 6. HOUSING- no change. 7. PUBLIC FACILITIES AND SERVICES —no change. 8. TRANSPORTATION—no change. 9. ENERGY—no change. 10. URBANIZATION—no change. 1 1. SPECIAL AREAS OF CONCERN —no change. 11.9 [RESERVED FOR WASHINGTON SQUARE REGIONAL CENT ER] 11.10 DURHAM QUARRY MIXED USE DEVELOPMENT AREA In 1999, the City of Tigard, the City of Tualatin and the property owner, Washington . County, agreed to work together to encourage a high quality, pedestrian-friendly, transit- CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2, PAGE 2 OF 4 • • oriented mixed use development on the site of the Durham Quarry site. Only 7.2 acres of the 28-acre site are within the City of Tigard, the remainder is within the City of Tualatin. The jurisdictions have been working together to develop an intergovernmental agreement wherein the City of Tigard would authorize the City of Tualatin to make land use and building permit decisions for the portion of the quarry site within Tigard. POLICIES 11.10.1 THE CITY OF TIGARD WILL CONTINUE TO WORK WITH WASHINGTON COUNTY AND THE CITY OF TUALATIN TO HELP ASSURE THAT DEVELOPMENT WITHIN THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA PROVIDES A HIGH QUALITY URBAN ENVIRONMENT THAT EMPHASIZES PEDESTRIAN CONNECTIVITY. 11.10.2 THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA SHALL BE SUBJECT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUALATIN WHICH WOULD AUTHORIZE THE CITY OF TUALATIN TO • MAKE LAND USE AND BUILDING PERMIT DECISIONS FOR THE PORTION OF THE QUARRY SITE WITHIN TIGARD. • 11.10.3 A UNIQUE MIXED USE DISTRICT HAS BEEN ESTABLISHED FOR THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA KNOWN AS MUC-1. 11.10.4 THE MUC-1 DISTRICT IS INTENDED TO PROMOTE DEVELOPMENT WHICH ALLOWS A MIX OF USES,INCLUDING RETAIL, SERVICES, OFFICE AND RESIDENTIAL. THE MIXED USE COMMERCIAL . DESIGNATION SHOULD ENCOURAGE DEVELOPMENTS THAT ALLOWS PEOPLE TO WORK, SHOP AND LIVE IN A COMPACT, PEDESTRIAN- ORIENTED COMMUNITY. 11.10.5 NECESSARY PUBLIC FACILITIES INCLUDING SEWER,WATER AND DRAINAGE FACILITIES, SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED, IN TIME TO SUPPORT NEW DEVELOPMENT. 11.10.6 NECESSARY TRANSPORTATION FACILITIES,AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT, SHOULD BE IN PLACE, OR PLANNED TO BE CONSTRUCTED, IN TIME TO SUPPORT NEW DEVELOPMENT. 12. LOCATIONAL CRITERIA [NOTE: Section 12.5 added by Washington Square amendments which have not been implemented and incorporated into the comprehensive plan. Portions of the text must be adopted and incorporated as part of this proposal. While the applicant's proposal includes the entirety of the Washington Square adopted text, the text below includes only the pertinent information which must be adopted as part of this proposal. ] 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2, PAGE 3 OF 4 • • b. APPLICABLE PURPOSE STATEMENTS;AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS 1. Mixed Use Commercial A. The purpose of the Mixed Use Commercial(MUC) land use designation is: 1. To create a dense mixed-use commercial district that forms the commercial core of the Washington Square Regional Center; 2. To create a high quality, mixed-use commercial district, in conjunction with the City of Tualatin, on the site of the former Durham Quarry; 3. • To provide opportunities for major retail goods and services, office employment, and housing in close proximity, and with good access to transportation services; 4. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. Policies 12.5.2. THE CITY SHALL APPLY A MIXED USE COMMERCIAL LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT OR TO OTHER AREAS IDENTIFIED BY THE CITY AS APPROPRIATE FOR MIXED USE COMMERCIAL DEVELOPMENT. IMPLEMENTATION STRATEGIES 1. The Community Development Code shall: a. Include it two Mixed Use Commercial District; MUC and MUC-1; CPA 2001-0001 DURHAM QUARRY ATTACHMENT 2, PAGE 4 OF 4 • • • • ATTACHMENT 3 Proposed Text Amendments to the Tigard Development Code The following changes are the applicant's proposed changes with modifications by staff as discussed in the staff report. The underline text represents proposed additions and the represents proposed deletions. Chapter 18.520 - COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A. Provide range of commercial services for City residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the City so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use, including residential, commercial and institutional activities, in new and re-developing commercial areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 18.520.020 List of Zoning Districts A. C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically CPA 2001-0001 DURHAM QUARRY ATTACHMENT 3, PAGE 1 OF 15 • • range in size from 30,000 - 100,000 gross square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at least one-half mile, community • commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and collector street. Housing is permitted on or above the second floor of commercial structures at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R- 12 zone. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions, and transit-related park-and-ride lots, are permitted conditionally. In addition to mandatory site development review, design and development standards in the C-C zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian-friendly. C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. D. 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. • E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. F. 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. CPA 2001-0001• DURHAM QUARRY ATTACHMENT 3, PAGE 2 OF 15 • • G. MUC-1: Mixed Use Commercial — 1. The MUC-1 zoning district, which is designed to apply to that portion of the Durham Quarry site within the City of Tigard, is a mixed- use commercial district bounded by 72"d Avenue, Findlay Street and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin shall furnish all planning, building and associated development review/permit services for the property. This zoning district is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay District (TDC, Chapter 57). It permits a wide range of uses including commercial lodging,_general retail, offices and housing; the latter includes multi-family housing at a minimum density of 25 units/acre and a maximum of 50 units/acre. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter, development within this zone is subject to the standards of 18.640. 18.530.030 Uses . A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.520.1. C. Accessory structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit. 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting CPA 2001-0001• DURHAM QUARRY ATTACHMENT 3, PAGE 3 OF 15 • • screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N1 C-05 C-G C-P CBD MUE20 MUC-1 RESIDENTIAL Household Living N R6 R11 R13 R17 R21 P26 Group Living N N C N P. NC Transitional Housing NN C N C N C Home Occupation R2 R2 R2 R2 R2 R2 P CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C Colleges N N N N N C C Community Recreation N P N N P C N Cultural Institutions P P PP P P P Day Care P P PP P P P Emergency Services P P PP P P P Medical Centers C N C C C C C Postal Service P P PP P P P Public Support Facilities P P P P P P P Religious Institutions C C P C P P C Schools NN N N N C C Social/Fraternal Clubs/Lodges C C P P P P P COMMERCIAL Commercial Lodging N N P R14 P P P Eating and Drinking Establishments C P P R15 P P P Entertainment-Oriented - Major Event Entertainment N N C N C N C - Outdoor Entertainment N N P R15 P N N - Indoor Entertainment P P PP P P P - Adult Entertainment NN C N C N N General Retail - Sales-Oriented P P7 P R16 P R22 R25 - Personal Services P P P P P R22 R25 - Repair-Oriented P P P N P R22 R25 - Bulk Sales N N P N N R22 Res - Outdoor Sales N N P N N N N - Animal-Related N N N N N P P Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C N N - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22 R25 - Vehicle Fuel Sales CC C N C N C Office P R9 P P P P P Self-Service Storage NN C N N N N Non-Accessory Parking C C P P P P P CPA 2001-0001 . DURHAM QUARRY ATTACHMENT 3, PAGE 4 OF 15 • • TABLE 18.520.1 (CON'T) USE CATEGORY C-N C-C C-G C-P CBD MUE MUC-1 INDUSTRIAL Industrial Services N N N N N N N Manufacturing and Production - Light Industrial N • N N N N R23 N - General Industrial N N N N N N N - Heavy Industrial N N N N N N N Railroad Yards N N N N N N N Research and Development N N N N N R24 R24 Warehouse/Freight Movement N N N N N R24 N Waste-Related N N . N N N N N Wholesale Sales N N N N C N N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R27 Rail Lines/Utility Corridors P P P P P P P Other C4 Ct0 NA NA C19 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5AI1 permitted, limited and conditional uses must meet special development standards in 18.520.050B. • 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. . 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 8Limited to motor vehicle cleaning only. CPA 2001-0001' DURHAM QUARRY ATTACHMENT 3, PAGE 5 OF 15 • • 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. 17A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As 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. 16May not exceed 10% of the total square footage within an office complex. 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20All permitted and conditional uses subject to special development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22Retail and sales uses may not exceed 60,000 gross leasable area per building within the Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted. 23AI1 activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted 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. CPA 2001-0001, DURHAM QUARRY ATTACHMENT 3, PAGE 6 OF 15 • 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26 Household livinq limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. . • 27 Wireless only as attached to structure within height limit—see Chapter 18.798 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.310 and 18.320; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES MUE CBD Residential R-25 STANDARD C-N C-C[4] C-G C-P CBD R-40 R-12 C-G MF DU* MUC-1 Minimum Lot Size 5,000 sq 5,000 sq ft None 6,000 sq None None • None None - None -Detached unit ft - - ft - - - - 1,480 sq _ -Boarding,lodging,rooming - - - - - - - - ft - house - - 6,100 sq ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None Minimum Setbacks -Front yard 20 ft 0/20 ft[5] 0 ft[6] 0 ft[6] 0/30 ft[7] 20 ft 20 ft 0 ft[6] 20 ft See -Side facing street on corner& 20 ft - - - 0/30 ft[7] 20 ft 20 ft - 20 ft 18.640. through lots[1] 050(B1 -Side yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 10 ft[9] 10 ft[9] 0/20 ft[3] 10 ft - -Side or rear yard abutting more - - - - - - - - 30 ft • restrictive zoning district -Rear yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 20 ft[9] 20 ft[9] 0/20 ft[3] 20 ft - -Distance between front of - - - - - 20 ft 20 ft - 20 ft garage& - property line abutting a public or - private street. Maximum height 35 ft 35 It 45 ft 45 ft 80 ft[8] 60 ft 60 ft 45 ft 45 ft . 70 ft Maximum Site Coverage[2] 85% 80% 85% 85% 85% 80% 80% 85% 80%[11] 90% Minimum Landscape 15% 20% 15% 15% 15% 20% 20%[10] 15% 20% 10% Requirement _ [1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. CPA 2001-0001• DURHAM QUARRY ATTACHMENT 3, PAGE 7 OF 15 • • [2] Includes all buildings and impervious surfaces. [3] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [4] See Section 18.520.050B for site and building design standards. [5] No front yard setback shall be required, except a 20 foot front yard setback shall apply within 50 feet of a residential district. [6] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745 and 18.795 must be met. [7] There are no setback requirements, except 30 feet where a commercial use within a district abuts a residential zoning district. [8] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. [9] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [10] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall • be met for existing and new development. [11] Lot coverage includes all buildings and impervious surfaces. *Multiple-family dwelling unit C-N-Neighborhood Commercial District C-C-Community Commercial District C-G-General Commercial District C-P-Professional/Administrative Office Commercial CBD-Central Business District MUC1 —Mixed Use Commercial 18.520.050 Special Limitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: • 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Section 3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment; and 4. Uses operating before 7:00 AM and after 10:00 PM shall be subject to the conditional use provisions, as governed in Chapter 18.330. B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities, and as allowed in Sections 3 and 4 below; CPA 2001-0001• DURHAM QUARRY ATTACHMENT 3, PAGE 8 OF 15 • • 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail, where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than 5% of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject to conditional use provisions, as governed by Section 18.330. C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient lodging, shall not be subject to this requirement; 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. D. In the MUC-1 zone. In addition to the standards of this Chapter, development in the MUC-1 zone is subject to Chapter 18.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin dated 18.520.060 Additional Development and Design Guidelines— [No changes.] CPA 2001-0001' DURHAM QUARRY ATTACHMENT 3, PAGE 9 OF 15 • • CHAPTER 18.640 - DURHAM QUARRY DESIGN STANDARDS Sections: 18.640.010 Purpose 18.640.020 Permitted Uses 18.640.030 Conditional Uses • 18.640.040 Applicability 18.640.050 Development Standards 18.640.060 Determining Net Acres 18.640.070 Not Used 18.640.080 Not Used 18.640.090 Not Used 18.640.100 Access 18.640.200 Design Standards 18.640.300 Design Compatibility Standards 18.640.400 Landscaping and Screening 18.640.500 Off-Street Parking and Loading 18.640.600 Environmental Standards 18.640.700 Floodplain District 18.640.010 Purpose. • The purpose of this district is to recognize and accommodate the changing commercial/residential marketplace by allowing commercial and residential mixed uses in the approximately 7 acre portion of the Durham Quarry site that are within the City of Tigard in the Mixed Use Commercial (MUC-1) Planning District. Retail, office, business services and personal services are emphasized, but residential uses are also allowed. A second purpose is to recognize that when developed under certain regulations commercial and residential uses may be compatible in the Mixed Use Commercial District. 18.640.020 Permitted Uses A. Permitted uses are those uses permitted outright or with restrictions within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.030 Conditional Uses A. Conditional uses are those uses allowed conditionally within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.040 Applicability A. These design standards are applied in the City of Tigard to the Durham Quarry Site. The boundaries of this site are described by the Intergovernmental Agreement dated B. Conflicting standards. In addition to the standards of 18.520 (Commercial Zoning District) and other applicable standards of the development code, the following design standards apply to all development located within the Durham Quarry within the MUC-1 zone. If a CPA 2001-0001, DURHAM QUARRY ATTACHMENT 3, PAGE 10 OF 15 • • standard found in this section conflicts with another section in the Development Code, standards in this section shall govern. 18.640.050 Development Standards A. Development shall comply with applicable development standards,except where variances and minor variances are granted in accordance with the terms of the Intergovernmental Agreement between Tigard and Tualatin dated B. Development standards: 1. Minimum lot area: None. 2. Minimum building setbacks: None. 3. Except as determined in the Architectural Review process, maximum building setbacks are: a. Commercial: 10 feet front and streetside; 0 interior side and rear, except when the side and rear abut a residential district it is 20 feet. b. Residential: 20 feet front; 0 rear and interior side, except when the side and rear abut a residential district it is 20 feet; 20 feet streetside. 4. Minimum building height: Except for theaters and cinemas which can be one story, 20 feet. 5. Maximum building height: 70 feet. 6. Density requirements. For determining floor area ratio (FAR) and residential densities, 18.640.060 shall be used to establish the lot area. a. The minimum FAR for non-residential development and mixed-use development which includes a residential component is 0.50. In mixed-use developments, residential floor area is included in the calculations of FAR. b. The minimum density for residential-only projects is 25 dwelling units per net acre. There is no FAR for residential-only projects. c. The maximum density for residential-only projects is 50 dwelling units per net acre. • 18.640.060 Determining Net Acres Net acres shall be determined by subtracting the following land areas from the gross acres (all of the land included in the legal description of the property to be developed): A. The following sensitive land areas: 1. Land within the 100-year floodplain; 2. Land exceeding 25% slope; 3. Drainage ways; and 4. Wetlands. C. Land dedicated to the public for park purposes; D. Land dedicated to the public for rights-of-way. When actual information is not available, the following formulas may be used: 1. Single-family development: allocate 20% of gross acres; 2. Multi-family development including but not limited to apartments,condominiums and townhouses : allocate 15% of gross acres; and E. Land proposed for private streets. 18.640.070 Not used 18.640.080 Not used 18.640.090 Not used CPA 2001-0001• DURHAM QUARRY ATTACHMENT 3, PAGE 11 OF 15 • 18.640.100 Access Except as provided below, no lot shall be created without provision for access to the public right- of-way in accordance with 18.705. Such access may be provided by lot frontage on a public street or by creating uninterrupted vehicle and pedestrian access between the subject lot and the public street. 18.640.200 Design Standards. • A. Purpose and Applicability. 1. Design Principles. Design standards for public street improvements for the Durham Quarry site address several important guiding principles, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system and utilizing streetscape to create a high quality image for the area. 2. Development Conformance. New development, including remodeling and renovation projects resulting in non-single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainaqe, and participate in funding future transportation and public improvement projects within and surrounding the Durham Quarry site. B. Site Design Standards. Development shall meet the following site design standards. 1. Building placement on Major and Minor Arterials. Buildings shall occupy a minimum of 50% of Major and Minor Arterial street frontages. Buildings shall be located at public street intersections on Major and Minor Arterials. 2. Building setbacks. See 18.640.050(B). 3. Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the sidewalk shall be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are required. These areas shall contribute to the minimum • landscaping requirements. 4. Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. The walkway shall be at least 6 feet wide and paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are required. These areas shall contribute to the minimum landscaping requirements. 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way shall be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified where this requirement applies. If located on the side, parking is limited to 50% of the street frontage and must be behind a landscaped area constructed to an L-1 Landscape Standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 Landscape Standard, except where a side yard CPA 2001-0001• DURHAM QUARRY ATTACHMENT 3, PAGE 1 2 OF I S • abuts a public street, where it shall be landscaped to an L-1 Landscape Standard. See 18.640.200 (D). C. Building Design Standards. 1. Non-residential buildings shall comply with the following: a. Ground floor windows. Street-facing elevations within the Building Setback (0-10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. b. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (i) a variation in building materials, (ii) a building off-set of at least 1 foot, (iii) a wall area that is entirely separated from other wall areas by a projection, such as an arcade, or (iv) by other design features that reflect the building's structural system. (v) No building façade shall extend for more than 300 feet without a pedestrian connection between or through the building. c. Weather protection. Weather protection for pedestrians, such as awnings, canopies and arcades, shall be provided at building entrances. Weather protection is encourage along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. d. Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding shall not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. e. Roofs and Roof Lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. f. Roof-mounted Equipment. Roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized. 3. Residential-only and Mixed-Use Buildings where at least 50.1% of the gross floor area of the building is residential shall comply with 18.640.300. D. Landscaping and Screening. 1. Applicable Levels. Two levels of landscaping and screening standards are applicable. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in 18.640.400. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. CPA 2001-0001' DURHAM QUARRY ATTACHMENT 3, PAGE 13 OF 15 • • a. L-1 Low Screen. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards 18.745, Landscaping and Screening shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials. Where the setback is a minimum of 5 feet between the parking lot and a major or minor arterial, trees shall be planted at 3 1/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. b. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards 18.745, Landscaping and Screening shall apply. In addition, trees shall be provided at a minimum 2 1/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. • 18.640.300 Design Compatibility Standards A: Front facades. All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street, not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. B. Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. C. Unit definition. Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation, or by providing a roof gable or porch that faces the street. Ground-level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. D. Roof lines. Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. E. Trim detail. Trim shall be used to mark all building roof lines, porches, windows and doors that are on a primary structure's street-facing elevation(s). F. Mechanical equipment. Roof-mounted mechanical equipment,other than vents or ventilators, shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. G. Parking. Parking and loading areas may not be located between the primary structure(s) and the street upon which the structure fronts. If there is no alley and motor vehicle access is from the street, parking must be provided: 1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a parking area at the side or rear of the site. H. Pedestrian circulation. 1. The on-site pedestrian circulation system shall be continuous and connect the ground- level entrances of primary structure(s) to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; d. Shared open space and play areas; e. Abutting transit stops; and f. Any pedestrian amenity such as plazas, resting areas and viewpoints. CPA 2001-0001 . DURHAM QUARRY ATTACHMENT 3, PAGE 14 OF 15 • • • • 2. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. 18.640.400 Landscaping and Screening, See 18.745 18.640.500 Off-Street Parking and Loading, See 18.765 18.640.600 Environmental Standards. See 18.725 18.640.700 Floodplain District, See 18.775 18.640.800 Wetlands Protection District, See 18.775 CPA 2001-0001 DURHAM QUARRY ATTACHMENT 3, PAGE 15 OF 15 • • TITLE 4: RETAIL IN EMPLOYMENT AND INDUSTRIAL AREAS 3 . 07 .410 Intent It is the intent of the Metro 2040 Growth Concept that Employment and Industrial Areas contain supportive retail development. Employment and Industrial areas would be expected to include some limited retail commercial uses primarily to serve the needs of people working or living in the immediate Employment or Industrial Areas; not larger market areas outside the Employment or Industrial Areas . (Ordinance No. 97-715B, Sec . 1 . ) 3 . 07 . 420 Comprehensive Plan and Implementing Ordinance Changes Required A. Cities and counties are hereby required to amend their com- prehensive plans and implementing regulations, if necessary, to prohibit retail uses larger than 60, 000 square feet of gross leasable area per building or business in the Industrial Areas designated on the attached Employment and Industrial Areas Maps. B. This subsection applies to city and county comprehensive plan designations and zoning ordinances acknowledged by the effective date of this functional plan, which allow retail uses larger than 60, 000 square feet of gross leasable area per building or business in Employment Areas designated on the attached Employment and Industrial Areas, Map. These cities and counties may continue to allow the extent and location of retail uses allowed in Employment Areas on the effective date of this Functional Plan for the specific zones in acknowledged land use regulations listed in Table 3 . 07-4 . For all other zones in Employment Areas, these cities and counties are hereby required to amend their comprehensive plans and implementing regulations, if necessary, to require a process resulting in a land use decision for any retail uses larger than 60, 000 square feet of gross leasable area per building or business on those lands .where such uses are currently allowed by any process . The standards for the land use decision to allow any such retail uses shall require (1) a demonstration in the record that transportation facilities adequate to serve the retail use, consistent with Metro ' s functional plans for transportation, will be in place at the time the retail use begins operation; and (2) a demonstration that transportation facilities adequate to meet the transportation need for the other planned uses in the Employment Areas are included in the applicable comprehensive plan provisions . If the city and county comprehensive plan designations and zoning ordinances which allow retail uses larger than 60, 000 square feet of gross leasable area per 5 On file in the Metro Council office. 3 . 07 - 30 July 2000 Update : • • building or business in Employment Areas have not been acknowledged by the effective date of this functional plan, subsection 3 . 07 . 420 (C) of this title shall apply. C. City or county comprehensive plan designations and zoning ordinances acknowledged by the effective date of this func- tional plantwhi.ch-do-not allo w--ret-ailmses ilarger t-han-60-,-000 square--feet of gross leasable area per building or business in Employment Areas designated on the attached Employment and Industrial Areas Map ,sha-l-l-continue-t o_p hibi.t_them unl,ess an excep it on_is_es-tabl-ished-under-section=3_0_7=-443.01 of this title pursuant to the compliance procedures of Title 8 . (Ordinance No. 97-715B, Sec. 1 . ) 3 . 07 .430 Exceptions Exceptions to this standard for Employment Areas may be included in local compliance plans for: A. Low traffic generating, land-consumptive commercial uses with low parking demand which have a community or region wide market; or B. Specific Employment Areas which have substantially developed retail areas or which are proposed to be or have been locally designated, but not acknowledged by the effective date of this functional plan, as retail areas, may allow new or redeveloped retail uses where adequate transportation facilities capacity is demonstrated in local compliance plans as provided in Title 8 . (Ordinance No. 97-715B, Sec. 1 . ) 3 . 07 - 31 July 2000 Update Table 3.07-4 (Section 3 .07.420 (B) ) Clackamas County unincorporated Commercial Commercial Industrial Lake Oswego General Commercial Highway Commercial Troutdale General Commercial Hillsboro General Commercial Sherwood General Commercial Tigard General Commercial Commercial Professional Tualatin Commercial General Wilsonville Planned Development Commercial (Ordinance No. 97-715B, Sec . 1 . ) 3 . 07 - 32 July 2000 Update 03-29-2001 12:38PM FROM TO 5036847297 P.01 OAP` o.G 01 �<v �A ce,s,c` -T Z i 70 0 FOS ER4 Tigard i`- i 0 S7- McDONALD ST 1 �' KRUSE c) DR r ...J rSubject e A G li QT t DURHAM RD = i 7 ,01 , • .t.� - '- .mil..-._ � ��1 " Atii1' r, UALATIN t RD V III ___. i CTY B O D UR M .6 Durh am OR 97 281 TELEFAX _._____..__________,_____w_. To:Jo L/4F A-J be K From; 'oEZ L-u,/ii 6W1fl" l l n'/ 5 Date: 3-- 2 6/ 6 3q r--417.1 Number of Pages to Follow: P6004 g H- 7247 Phone: (503)639-6851 Fax: (503) 598-8595 Remarks: / JUST 4 L,hi eel kr — CM-. 24 A A-r-revv.fa/r- IN r-- Ta Nhe.,-474-+ L/ 4-Y. r(-z - su8 J 7-• .c1 vim" HA-P (to %) is Gti p-e , fame_ /•'•ski r-m-,— .- re),--"61-1-- ca' ' PP-IOA- 1v 4-4, )164 TOTAL P.01 04/03/2001 12:04 FAX 5036847297 City of Tigard 2001 0 ********************* . *** TX REPORT ess ***0*************0*0* TRANSMISSION OK TX/RX NO 1954 CONNECTION TEL 5032273679 SUBADDRESS CONNECTION ID ST. TIME 04/03 12:03 USAGE T 00'45 PGS. SENT 2 RESULT OK 0 0 0 N O M1 T N!A$Y C R A N D Ave N U! 9 O If T L A N D. O M1!C p N 97,37 1'l O TEL 503 797 1700 I FAX 503 797 1797 `�'11��II��fly f''''- ru„ 11 ,- . - • METRO March 30, 2001 Post-ir Fax Note 7671 Date9.3 ,/ jp% 2. To rra G /l eo From7SlAAq ,4 'Co./Dept. Q Co. ,mot //Q Phone re Phone B' 6!3/1--W7/A3.16 Ms. Julia Powell Hajduk Fax° 22.7—34 7 9 Fax e • Associate Planner , Plz . reti'cv4 /es e� � . City of Tigard - - _ . .�_�_ ,_,.� ._ v, 13125 S.W. Hall Boulevard • , Tigard, OR 97223 • ' Dear Ms. Haj// pu- a-- tk: Re: Comprehensive Plan and Zoning Code Amendment for the Durham Quarry CPA 2001-0001/ZOA 2001-00001/ZON 2001-00001 Thank you for opportunity to comment on the Comprehensive Plan and Zoning Code for the area known as the Durham Quarry. This quarry is unusual as it falls within both Tualatin and Tigard. I understand that, through an IGA, Tualatin will be the planning agency for the entire area and that both cities would like to have a similar zone in place for the whole site. As you are aware, the Durham Quarry has been designated as Employment Area on the 2040 Growth Concept map. The portion of the quarry within Tualatimis zoned.as Commercial General, a zone that is excepted from the requirements of Title 4 under section 3.07.420.B. The portion within Tigard is zoned as Light Industrial and this zone is not included in the exception. Tigard's Light Industrial zone currently prohibits large-scale retail uses. Metro Code 3.07.420.0 prohibits jurisdictions from.allowing large-scale retail-uses if such.uses,were prohibited in the particular zone by the effective date of Functional Plan-February.18, 1997. <' ATON ANGELO & Associate s Transmittal 620 SW Main Suite 201 Portland OR 97205 503-224-6974 503-227-3679-FAX To: Julia Powell Hajduk, Associate Planner From: Frank Angelo, Angelo Eaton&Associates Firm: City of Tigard Date: March 19, 2001 13125 SW Hall Blvd. Tigard, Oregon 97223 Fax: RE: Durham Quarry Plan Amendment Phone: Pages cc. Larry Eisenberg,Washington County Teresa Wilson,Washington County ❑ Urgent x For Review ❑ Please Comment ❑Please Reply ❑ Please Recycle Julia—enclosed are the items that were identified as missing in your March 19, 2001 letter regarding the Durham Quarry Plan Amendment application. If you need any other information, please give me a call at 503-227-3664.We will plan on May 7th for the Planning Commission hearing on this item. Thanks, Fran 1t 02 9 , a, — Pte`.J.,,,.4 a . . • • IP MUC-1 Permitted Uses Residential Household Living R Group Living Transitional Housing N Home Occupation N - _ Civic Basic Utilities C C Colleges N Community Recreation N N Cultural Institutions N � ° Day Care 47412,4-4 .M Emergency Services P P Medical Centers N Mitait Postal Service P P Public Support Facilities P P Religious Institutions N p Schools N Social/Fraternal Clubs/Lodges N ." ,,, Commercial Commercial Lodging P P Eating and Drinking Establishments R Entertainment Oriented Major Event Entertainment N Kama Outdoor Entertainment MGM, N Indoor Entertainment P P Adult Entertainment N N General Retail Sales Oriented R R Personal Services R R Repair Oriented =p f ,` R Bulk Sales N MVOS Outdoor Sales N N Animal Related P P Motor Vehicle Related Motor Vehicle Sales/Rental N N Motor Vehicle Servicing/Repair C R Vehicle Fuel Sales P „ „ Office P P Self Service Storage Non-Accessory Parking P P • • IP MUC-1 Development Standards Minimum Lot Size none none Minimum Lot Width 50' t=Ai-6nel Maximum Setbacks none '!U' 20" Minimum Setbacks 35' '41-6ne,° Front Yard 35' none` AO Side facing street on corner&thru lots 20 one Side yard 0-50' n `° Rear yard 50' none. Maximum Height 45' �- Minumum Height none 20'.II Minimum FAR none =:4:04V Minimum Residential Density na 25 du/ac Maximum Residential Density na 50 du/ac Maximum Site Coverage 75% 0 9.3 Maximum Landscape Requirement 25% 01 r = TIGARD GI Y CODU1 GIL H ,N� „E• `t` I NiBUSINEaSS�MEETINGk� JAW-4. z�. _�:;�" " t h . t' 3 =ca a r t t a June 26 2001 V>� 6.30�p:m ; . ,�x� CITY OF TIGARD �...� µ.ate �:: �;.:�.,s..'-:�..���I TIGARD. CITY HALLW 13125 SW HAI L BLUD ," 9 TIGARD, OR: 92223= PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:1 5 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 P.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor.to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and . • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA • COUNCIL AGENDA — June 26, 2001 page 1 • • AGENDA TIGARD CITY COUNCIL BUSINESS MEETING JUNE 26, 2001 6:30 PM • STUDY MEETING > PAPERLESS PACKET TRAINING > CONSOLIDATION ISSUES IN LAW ENFORCEMENT > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If.an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications& Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve the Transfer of Funds from the Public Works Operating Appropriation to the General Fund Capital Improvement Program Appropriation for the Police HVAC Replacement Project (Budget Amendment#9) — Resolution No. 01 - COUNCIL AGENDA — June 26, 2001 page 2 i • 3.2 Approve a Four Year Extension of an Intergovernmental Agreement with Tualatin Valley Fire and Rescue for Preventative Health and Disease Services 3.3 Authorize the City Manager to Sign a Contract with the Oregon Parks and Recreation Department Accepting $50,000 in Grant Funds for the Construction of the Tiedeman/Woodard Park Segment of the Fanno Creek Trail 3.4 Adopt a Resolution Acknowledging 20 Years of Excellent Legal Services Rendered by the Ramis, Crew, Corrigan and Bachrach Law Office — Resolution No. 01- 3.5 Approve a 3.5% Annual Cost of Living Salary Adjustment for Management/Supervisory/Confidential Group Employees to Be Effective July 1, 2001 — Resolution No. 01 - 3.6 Adopt a Resolution Reappointing George Burgess and Sydney Sherwood to the Budget Committee, Reappointing Susan Kasson to the Library Board, Appointing Gary Johnson and Jan Thenell to the Library Board, and Appointing Jeffrey Lawson as an Alternate to the Library Board — Resolution No. 01 - • 3.7 Local Contract Review Board a. Award Construction of Cook Park Phase I, including Construction of the Wetland Gazebo Area, to Northwest Earthmovers, Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. INTRODUCTION OF BUDGET COMMITTEE MEMBERS GEORGE BURGESS AND SYDNEY SHERWOOD, LIBRARY BOARD MEMBERS SUSAN KASSON, GARY JOHNSON AND JAN THENELL, AND LIBRARY BOARD ALTERNATE JEFFREY LAWSON • Mayor Griffith 7:50 PM 5. UPDATE ON WATER SUPPLY a. Staff Report: Public Works Department b. Council Discussion and Direction to Staff 8:00 PM 6. DISCUSSION WITH STATE SENATOR RYAN DECKERT AND STATE REPRESENTATIVE MAX WILLIAMS COUNCIL AGENDA — June 26, 2001 page 3 i i 8:40 PM 7. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE OREGON ECONOMIC AND COMMUNITY DEVELOPMENT.DEPARTMENT FOR A LOAN TO FINANCE IMPLEMENTATION OF THE COOK PARK MASTER PLAN a. Staff Report: Finance Staff b. Council Discussion c. Council Consideration: Resolution No. 01- 8:45 PM 8. UPDATE ON THE STATUS OF THE KOREAN WAR 50TH ANNIVERSARY COMMEMORATIVE COMMUNITY PROJECT a. Staff Report: Administration Staff b. Council Discussion 8:55 PM 9. PUBLIC HEARING (QUASI-JUDICIAL) — . CONSIDER THE VACATION OF APPROXIMATELY 9,544 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF- WAY KNOWN AS.SW 67r" AVENUE (VAC2001-00001) The applicant requested that the City Council vacate a portion of the public right-of- way on SW 67th Avenue. The right-of-way lies to the south of SW Clinton Street and to the north of the SW Haines Road southbound off-ramp. This portion of the right-of-way has never been improved and "leads to no where", as it dead-ends into the off-ramp. The applicant intends to construct a two-story office building of 24,000 square feet adjacent to SW 67th Avenue and needs the extra square footage for an entrance into the property. Appropriate agencies have been contacted for comments and no objections were received. These include utility companies and emergency service providers. a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony: Proponents, Opponents, Rebuttal e. Staff Recommendation f. Council Discussion, Questions, Comments g. Close Public Hearing h. Council Consideration: Ordinance No. 01 - COUNCIL AGENDA — June 26, 2001 page 4 • • 9:20 PM 10. PUBLIC HEARING (QUASI-JUDICIAL) — CONSIDER ADOPTING THE COMPREHENSIVE PLAN AND DEVELOPMENT CODE CHANGES FOR THE DURHAM QUARRY SITE (CPA2001-00001/ZOA2001-00001/ZON2001- 00001) Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29-acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S 113AC, Tax Lot 01200. ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. a. Open Public Hearing f. Declarations or Challenges g. Staff Report: Community Development Department h. Public Testimony: Proponents, Opponents, Rebuttal _ i. Staff Recommendation f. Council Discussion, Questions, Comments h. Close Public Hearing h. Council Consideration: Ordinance No. 01 - 9:50 PM 11. CONSIDER AN ORDINANCE DELETING TIGARD MUNICIPAL CODE SECTION 2.58 RELATING TO THE APPOINTMENT OF THE FINANCE DIRECTOR a. Staff Report: Finance Staff b. Council Discussion c. Council Consideration: Ordinance No. 01- COUNCIL AGENDA — June 26, 2001 . page 5 e S • 9:55 PM 12. CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.44.010 RELATING TO THE SALE SUBSTANDARD SURPLUS REAL PROPERTY a. Staff Report: Finance Staff b. Council Discussion c. Council Consideration: Ordinance No. 01- 10:00 PM 13. COUNCIL LIAISON REPORTS 10:05 PM 14. NON AGENDA ITEMS 10:10 PM 15. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:15 PM 16. ADJOURNMENT I:\ADM\CATHY\CCA\010626.DOC COUNCIL AGENDA — June 26, 2001 page 6 NOTICE TO MORTGAGEE,LIENHWER,VENDOR OR SELLER: • THE TIGARD DEVELOPMENT CODE REQUIRES WT. T IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. ji' CITY OF TIGARD Community(Development S hoping A(Better Community CITY OF TIGARD . NOTICE OF "RESCHEDULED" PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL MEETING TO CONSIDER THE FOLLOWING APPLICATION, ORIGINALLY SCHEDULED FOR IdUNE 1 200-1-, HAS BEEN RESCHEDULED AND WILL BE HEARD ON JUNE 26, 2001 AT 7:30 PM. THE MEETING WILL BE HELD IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 FILE TITLE: DURHAM QUARRY APPLICANT/ Larry Eisenberg CONSULTANT: Frank Angelo OWNER: Washington County Angelo Eaton and Associates, 111 SE Washington 620 SW Main, Suite 201 Hillsboro, OR 97123 Portland, OR 97205 REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham-Quarry site. The Durham Quarry is a 29-acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC, Tax Lot 01200. ZONE: Existing— Industrial Park (I-P), Proposed— Mixed Use Commercial (MUC-1). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER . 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT •TTEN TESTIMONY ON THIS PROP ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRE LNTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7)DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO • CONTINUANCE GRANTED AT THE"HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. • FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED ALSO PRECLUDES AN APPEAL BASED ON THAT ISSUE. • ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. • FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER JULIA POWELL HAJDUK AT(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. VICINITY MAP vv..„ -� h inn � CPA2001-00001 =0 ZOA2001-00001 0 ,,,'. ZON2001-00001 dal11.1.1141 ill rer -_ DURHAM QUARRY WE`, 111 lf = - . WASTAIE1111111 ,1 I• • 40...w.. ..... II T. N i troll II I I ATI 4 44#10 . .. .. ..„.., • !T41 !$ • I Pin MIS SW WM Oa. • . waon am 4" • ANGELO • EATON &Associate s 620 SW Main,Suite 201 Tel:503.224.6974 • Portland,Oregon 97205 Fax:503.227.3679 April 9, 2001 • Julia Powell Hajduk Associate Planner City of Tigard 13125 SW Hall Boulevard • Tigard, Oregon 97223 • RE: Durham Quarry Plan and Code Amendments: CPA 2001-0001/ZOA 2001- 0001/ZON 2001-00001 As we discussed, the applicant will amend Table 18.520.1 (Exhibit B-4) of our request to amend the Tigard Development Code to reflect the issue raised by Metro in the March 30, 2001 letter from Brenda Bernards. The amendment to Table 18.520.1 will change the Sales-Oriented and Person Services categories under the General Retail heading from"P" Permitted Use to "R" Restricted with Footnote #25 that will restrict these uses to no more than 60,000 square feet of gross floor area per building or business. I have attached a marked-up copy of Table 18.520.1 showing where the change will be made. This change should address Metro's comment in the March 30th letter. If you have any questions, please give me a call at 503-227-3664. Thank you for your assistance in this matter. Sincerely, get 'rank Angelo • Principal cc. Larry Eisenberg, Washington County Teresa Wilson, Washington County Frank Angelo Chris Eaton,AICP • • Catherine Corliss,AICP • Jean D'Agostino,AICP Karen Siegel Land Use Planning • Transportation Planning • Project Management I'1 V? 0 • I TABLE 18.520.1 IUSE TABLE: COMMERCIAL ZONES USE CATEGORY C-N' C-05 C-G C-P CBD MUE20 MUC-1 I RESIDENTIAL I Household Living N R6 R" R" R" R2' p26 Group Living N N C N P N C Transitional Housing N . N C N C NC I Home Occupation R2 R2. R2 R2 R2 R2 P CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C I Colleges N N N N N C C Community Recreation N P N N P C N Cultural Institutions P P P P P P P I Day Care P P P P P P P Emergency Services P P p P P P P Medical Centers C N C C C CC Postal Service P P P P P P P Public Support Facilities P P P P P P P Religious Institutions C C P C P P C Schools NN N N N C C 1 Social/Fraternal Clubs/Lodges C C P P P P P COMMERCIAL Commercial Lodging N N P R'4 P P P Eating and Drinking Establishments C P P R'5 P P P Entertainment-Oriented - Major Event Entertainment N N C N C NC - Outdoor Entertainment N N P R15 P N N - Indoor Entertainment _ P P P P P P p - Adult Entertainment i N N C N C NN General Retail �s - Sales-Oriented P p7 P R'6 P R" (Z S - Personal Services P P p P P Rzz ".tkL - Repair-Oriented P P P N P R22 R25 - Bulk Sales N N P N N R22 R25 - Outdoor Sales N N P N N N N - Animal-Related N N N N N P P Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C NN - Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22 R25 - Vehicle Fuel Sales C C C N C N C Office P R9 P P P P p Self-Service Storage N N C N N N N Non-Accessory Parking C C P p P P P Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit B-4 February 26,2001 1EUE5Y FOR CoM ,MENT5• • • TO: Frank Angelo, Angelo/Eaton Associates FROM: Jim Jacks, Planning Director SUBJ: Comments on Tualatin's Proposed Mixed Use Commercial Overlay District DATE: June 28, 2000 The purpose of this memo is to forward to you comments by the Tualatin City Attorney and Economic Development Director regarding the.proposed Mixed Use Commercial Overlay District proposed at the Tualatin City Council hearing on May 8, 2000. The following comments may result in Tualatin staff proposing changes to the language in the May 8 staff report. It appears you should be aware of the comments in the event you may want to revise the language you are proposing to the City of Tigard. The initials "BB" refer to the City Attorney, Brenda Braden, and "DR" refer to the Economic Development Director, Doug Rux. The following is Attachment 2 from the May 8 staff report. Attachment 2 is the proposed amendments to the various chapters of the Tualatin Development Code. The comments are preceded by the initials of the commenter and I have included some responses preceded by the initials "JJ." The comments on the material prior to and after Chapter 57 probably won't apply to the amendments you're doing for Tigard, but I thought I'd included them anyway. Your attention should focus on the Chapter 57 proposed language. ATTACHMENT 2: PROPOSED LANGUAGE AMENDMENTS Language in bold is proposed new language and language with strikeout is proposed to be deleted. NOTE: In the proposed Chapter 57 language later in this Attachment, some references to section numbers in the City of Tigard Development Code have been retained for tracking purposes. ((( •- . - . - • - • - - - - - - - - - _ -_ .. . . _ - - - - - - - .))) They will be deleted when an ordinance is presented to Council for adoption. PTA 99-11, Memo to Anil o, Mixed Use Commercial Overlay •rict June 28, 2000 Page 2 Chapter 5, Residential Planning Districts 5.030 General Objectives. The following are general objectives used to guide the development of the residential housing element of the Plan. They describe the Plan's intent to: (1) — (3) No change. (4) Locate higher density development where it is convenient to the City's commercial core, near schools, adjacent to arterial and collector streets and, as much as possible, in areas with existing multi-family housing and provide residential opportunities in mixed commercial areas through the Mixed Use Commercial Overlay District. DR: Does this also mean the downtown area? Fairly broad language. JJ: Good comment: "...in mixed commercial areas..." isn't clear because a commercial area won't be mixed until the residential exists. Right now we don't have any mixed commercial areas except around The Lake of the Commons. So, I'd propose the final language be: "...in selected commercial areas...." (5) — (17) No change. Chapter 6, Commercial Planning Districts 6.010 Background. No change. 6.020 Assumptions. No change. 6.030 Objectives. (1) — (9). No change. (10) To work with the applicable jurisdictions and agencies to develop the Durham Quarry site and Durham Quarry Area with high quality development. It is appropriate to apply an overlay district on the Durham Quarry Site and Durham Quarry Area to allow mixed commercial/residential uses. It is appropriate to enter into an intergovernmental agreement with the* City of Tigard to allow the City of Tualatin to review and decide land use applications and building permit applications for the portion of the Durham Quarry Site in the City of Tigard. BB and DR: WaCo should be added at * because WaCo will be in the IGA because Bridgeport is a County Road. JJ: Good comment. I'd propose the final language be: "...with Washington County and the City of Tigard to allow...." 6.040 (1) — (4). No change. (5) General Commercial Planning District (CG). To provide areas suitable for a full range of commercial uses, including those uses that are inappropriate for neighborhood, office or central commercial areas. This district is particularly suitable for automobile/service-oriented businesses, excluding automobile, truck and machinery sales PTA 99-11, Memo to Anf o, Mixed Use Commercial Overlay arid June 28, 2000 Page 3 and rental, located along the freeway and major arterials. Because of their location, these uses are highly visible to large numbers of passing motorists. Commercial development along the freeway provides perhaps the only lasting impression of Tualatin for many travelers. Therefore, careful attention shall be given to site and structure design for development in this district, including signs, choice of materials, and landscaping, particularly in and around parking areas. This District is suitable for mixed commercial and residential uses through the Mixed Use Commercial Overlay District on the Durham Quarry Site and in the Durham Quarry Area. (6) and (7). No change. Chapter 9, Plan Map. 9.038 Area 8. This area includes the portion of the City and study area located north of the Tualatin River. Interstate 5 bisects the area and crosses SW Lower Boones Ferry Road at one of the City's two interchanges. The area is characterized by mixed land uses, with commercial and industrial uses being the predominant types of development. Automobile- oriented uses such as motels, restaurants and automobile service stations are concentrated adjacent to the interchange, together with some commercial office buildings. Industrial uses are located further away from the interchange. Except for two mobile home parks , and a duplex subdivision and mixed residential uses in the Mixed Use Commercial Overlay District on the Durham Quarry Site and in the Durham Quarry Area , no new residential development is planned for Area 8. The Plan proposes additional general commercial and light manufacturing uses south of Jean Road *, and general commercial, light manufacturing and heavy manufacturing uses north of Jean Road *. DR: Jean Road (see*) doesn't exist. Would it be better to say N/S of Lower Boones Fy Rd.? JJ: Good comment and Jean Road should be replaced with Lower BF Rd., but the vacated Jean Road is on the east side of 1-5 and isn't related to the Durham Quarry amendments. So, I'm not proposing to make this change in the Durham Quarry amendments. Chapter 11, Transportation. 11.030 Objectives of the Transportation Plan. (1) — (30). No change. (31) The City is committed to working with Metro, ODOT, Tri-Met and the surrounding jurisdictions to resolve the following outstanding regional transportation issues in the I-5/99W corridor: (a) The need for and location of one or more arterial bypass routes connecting 1-5 and 99W south of Highway 217; (b) The need for and location of additional or improved 1-5 interchange access south of Highway 217 , including the I-5/Lower Boones Ferry Road interchange PTA 99-11, Memo to Anlio, Mixed Use Commercial Overlay illkrict June 28, 2000 Page 4 based on traffic studies related to development in the area of the interchange ; (c) The location of one or more transit trunk routes connecting Tualatin and other points in the region; and (d) The feasibility and possible location for a Light Rail Transit (LRT) connection in Tualatin. (32) — (35). No change. 11.110 Arterial Streets. The following streets are planned to function as arterials within the City and will be designed, constructed and maintained accordingly: (1) — (8). No change to this list of roads. (1) — (7). No change. (8) BRIDGEPORT ROAD will function as an arterial carrying traffic between Upper Boones Ferry Road and the I-5/Lower Boones Ferry Road interchange. It is the intent of this Plan to encourage drivers traveling to downtown Tualatin to use Lower Boones Ferry Road and/or SW Bridgeport Road. Therefore, * The west end of Bridgeport Road is de-emphasized , but not less than Street Standard Db&t as noted below, [in--erdef] to keep its traffic volumes relatively low by creating much larger improvements on Lower • Boones Ferry Road and by designating that road as the truck route. However, Bridgeport Road will still carry a significant volume and warrants a Street Standard of at least Db&t. Based on traffic studies related to development in the area on the west side of the interchange, the SW Bridgeport Road/SW Hazel Fern Road intersection and the ** I- 5/Lower Boones Ferry Road interchange may need to be *** improved to accommodate local and regional traffic. (9) — (10). No change. DR: * This section is in the City of Durham; can we control their street crossection? BB: * We can't control Durham's streets. JJ: Good comments. The language needs clarity. The intent was not to have any Tual Devel Code language apply to Durham, so I'd propose "The west end of Bridgeport Road in the City of Tualatin is de-emphasized...." DR: Include more street names at **. JJ: Good comment. I'd propose "...intersection and the SW Bridgeport Road-SW 72d Avenue-I-5/Lower Boones Ferry Road interchange...." DR: Add "relocated and" at *** JJ: Good comment. I'd propose "...may need to be relocated and improved...." Chapter 31, General Provisions 31.010 — 31.050 No change. 31.060 Durham Quarry Area. Tax Lots 100, 200, 300, 400, 501, 600 900, 1000 and 1300 on Assessor's Map 2S1 13DC and Tax Lots 400, 401, 500, 600, 700, 701, 900, 1000, 1100, and 1400 on Assessor's Map 2S1 13DB as shown on Figure 31-1. PTA 99-11, Memo to An1o, Mixed Use Commercial Overlay *rid June 28, 2000 Page 5 DR: Is this area all where we might have the MUCOD? JJ: Yes, for now. This is the area we discussed and agreed upon. DR: Delete tax lots as they can change over time. JJ: Good comment. I'd propose the definition refer to the map, so the map would be the definition, and then secondarily state that at the time of the amendment the tax lots in the mapped area were...and list em; so the definition would be: Durham Quarry Area. Shown on Figure 31-1. (For informational purposes the tax lots shown on Figure 31-1 on the effective date of Plan Text Amendment 99-11 were: Tax Lots 100, 200, 300, 400, 501, 600 900, 1000 and 1300 on Assessor's Map 2S1 13DC and Tax Lots 400, 401, 500, 600, 700, 701, 900, 1000, 1100, and 1400 on Assessor's Map 2S1 13DB). End of this comment on the Durham Quarry Area. Durham Quarry Site. Tax Lots 100 and 1200 on Assessor's Map 2S1 13AC; Tax Lots 100, 1200 and 1300 on Assessor's Map 2S1 13DB and the approximately one acre of Oregon Department of Transportation property at the immediate northwest corner of SW Bridgeport Road and SW 72nd Avenue as shown on Figure 31-2. DR: Delete tax lots as they can change over time. JJ: Good comment. I'd propose the definition refer to the map, so the map would be the definition, and then secondarily state that at the time of the amendment the tax lots in the mapped area were...and list em; so the definition would be: Durham Quarry Site. Shown on Figure 31-2. (For informational purposes the tax lots shown on Figure 31-1 on the effective date of Plan Text Amendment 99-11 were: Tax Lots 100 and 1200 on Assessor's Map 2S1 13AC--these two tax lots are in the City of Tigard; Tax Lots 100, 1200 and 1300 on Assessor's Map 2S1 13DB and the approximately one acre of Oregon Department of Transportation property at the immediate northwest corner of SW Bridgeport Road and SW 72nd Avenue). End of this comment on the Durham Quarry Site. 31.063 Definitions For the Mixed Use Commercial Overlay District. The definitions from the City of Tigard Code, Chapter 18.120, are adopted by reference and are for use with the Mixed Use Commercial Overlay District. DR: If we want or need def's. they need to be added to TDC 31. Don't adopt def's. by reference. BB: No. See my notes. JJ: [[Need to check with BB to determine what to do]] PTA 99-11, Memo to Ant, Mixed Use Commercial Overlay I rict June 28, 2000 Page 6 31.065 — 31.120. No change. Chapter 54, General Commercial Planning District 54.010 Purpose. The purpose of this district is to provide areas of the city that are suitable for a full range of commercial uses, including those uses that are inappropriate for the neighborhood, office, or central commercial areas. This district is particularly suitable for businesses needing direct automobile access to the freeway and the arterial streets leading to the freeway. Such uses are motels, drive-in restaurants, automobile service stations, and carwashes. Other suitable automobile-related businesses are automobile upholstery shop, or automobile tire shop. Automotive uses that use large amounts of land, such as automotive, truck and machinery sales and rental, are not appropriate uses in this district. This District is also suitable for the Mixed Use Overlay District to be applied in a specific area in accordance with TDC Chapter 57. 54.015 The Mixed Use Commercial Overlay District (MUCOD). When the MUCOD (TDC Chapter 57) is applied to land in the General Commercial (CG) District the requirements of the CG District continue to apply. Inconsistencies and differences in requirements are resolved in accordance with TDC 57.200(1)(c). DR: Why? Chapter 57 has all the stuff Chapter 54 (General Commercial) has. This is confusing. JJ: Good comment as it gets to a basic question, i.e., should any of the existing Chapter 54 be retained? Or, when an overlay district is applied to an area, should any of the existing regulations from that existing planning district continue to apply? If none of the existing planning district regulations continue to apply, then why keep the CG District; why not just do a Plan Map Amendment to remove the existing CG District and apply the new MUC planning district? [[Need to check with BB to determine what to do.]] The proposed Chapter 57, Mixed Use Commercial Overlay District. The format of this new district is patterned after the Industrial Business Park Overlay District (TDC Chapter 69) and other chapters in the Tualatin Development Code. Chapter 57, Mixed Use Commercial Overlay District 57.010 Purpose. The purpose of this district is to recognize and accommodate the changing commercial/residential marketplace by allowing commercial and residential mixed uses in the area west of* 1-5 Exit 290 in the General Commercial (CG) Planning District, ** provided however the initial application of the District in the PTA 99-11, Memo to AA", Mixed Use Commercial Overlayltrict June 28, 2000 Page 7 City of Tualatin is only to the northwest corner of SW Bridgeport Road and SW 72nd Avenue, the approximately 21 acre Durham Quarry site *** (2S1 13DB, 100) and the less than approximately one acre Oregon Department of Transportation ownership in Lot 82 of Tualatin Valley Homes Subdivision at the immediate northwest corner of SW Bridgeport Road and SW 72nd Avenue. **** Retail, office, business services and personal services are emphasized, but residential uses are also allowed. A second purpose is to recognize that when developed under certain regulations commercial and residential uses may be compatible in the General Commercial District. The Mixed Use Commercial Overlay District allows flexibility in the uses permitted for properties in the above geographic area that are in the CG District. DR: * See earlier comment on boundaries and maps. BB: ** In the above referenced sentence, delete "...provided however..." and start a new sentence with "The." BB: *** Define by map, not tax lot numbers. DR: ****Add the Village Inn Property. JJ: Good comments. I'd propose changing 57.010 to (1) refer to the Durham Quarry Area and Site; then the definitions of Dur. Quarr. Area and Site would govern, (2) break the first sentence into 2, (3) define by the map, not tax lot numbers and (4) add the Village Inn property. So, it would read: 57.010 Purpose. The purpose of this district is to recognize and accommodate the changing commercial/residential marketplace by allowing commercial and residential mixed uses in the Durham Quarry Site and Durham Quarry Area. The initial application of the District in the City of Tualatin is only to the Durham Quarry Site. Possible future application of the Mixed Use Commercial Overlay District is the Durham Quarry Area through the Plan Text Amendment process. Retail, office, business services and personal services are emphasized, but residential uses are also allowed. A second purpose is to recognize that when developed under certain regulations, commercial and residential uses may be compatible in the General Commercial District. The Mixed Use Commercial Overlay District allows flexibility in the uses permitted for properties in the Durham Quarry Site and Durham Quarry Area. End of these comments on 57.010. 57.020 * ** Permitted Uses. (1) Residential. (a) Household living.*** (b) Home occupation. (c) Single units, attached, and multi-family including but not limited to apartments, condominiums and townhouses.**** ***** DR: * Our standard preamble shoud be inserted. DR: **Use our language for list of uses so compatible with balance of Tual Dev Code. DR: ***What is this defined as? DR: ****Add row houses. DR: *****Want list of uses which fit what we are trying to achieve with this site. JJ: Asterisk ***, the term row house can be added (although it seems to be included in the term "townhouse"). PTA 99-11, Memo to Ano, Mixed Use Commercial Overlay Strict June 28, 2000 Page 8 JJ: Asterisks *, **, **** and ***** get to a basic question, Is Tualatin's approach in creating the new MUCOD to include Tigard's MUC language as close as possible, or is it to follow the current Tual Devel Code as close as possible? The original verbal agreement w/WaCo andTig was, Tual would adopt Tig's MUC and apply it to the Dur Quarry. Tig would use their MUC as a base (it was originally designed for the Wash Square area) and change it as needed to fit the Dur Quarry area. Obviously, the two would not be exactly the same, but they would be as similar as reasonable. Clearly, each city would have problems and Tual would probably have more as Tual would be incorporating "foreign" material (format, jargon, nomenclature, etc.) into its code. [[Need to discuss w/ DR & BB.]] (2) Commercial. * (a) Commercial lodging. (b) Eating and drinking establishments. (c) Indoor entertainment, including but not limited to cinemas and theaters. (d) General retail: (i) ** Sales-oriented. (ii) ** Personal services. (iii) ** Repair oriented, provided it is no larger than 60,000 square feet of gross floor area per building or business. (iv) *** Bulk sales, provided it is no larger than 60,000 square feet of gross floor area per building or business. (e) Offices. (f) Non-accessory parking. **** DR: * Any temporary uses allowed? JJ: Good comment. I'd propose adding a new section 57.035. See below. DR: **What are these uses? JJ: Per discussion with Tig staff, it is what they say they are and (iii) is home improvement stores. This is another case of whether Tual should use Tig's language or our own. The Tig definitions, Sec 18.120, don't define "sales oriented," "personal services" or "Repair oriented," so it's not clear what they are and could result in numerous interpretation applications to determine the allowed uses. On the other hand, most of the uses listed in the Tual Dev Code aren't defined now. DR: *** There has been discussion of businesses larger than 60,000 sq ft if it is on multiple floors. The idea is to limit building footprint, but be flexible in gross floor area. One possible tenant is a nationally known retailer on multiple floors. JJ: The discussions did not result in a decision to allow Costco-type stores on multiple floors, thus the proposed reg's don't allow Costco-type stores on multiple floors. I believe the discussants believed that Costco-type stores don't, or won't, build multiple floor stores. The nationally known tenant would be allowed because its not a bulk seller and I don't believe this particular company's "wrinkle" included their line of repair oriented products. DR: ****What is this? Parking lots; parking structure; underground parking. Do we want to limit things like K-Mart, Wal-Mart, Homebase, Cub Foods, Costco? JJ: I don't know what Tig's def is, but I would say it is parking in any form as long as it is not accessory to a use. So, it would allow, for example, a for-profit parking garage. 57.030 Conditional Uses. * PTA 99-11, Memo to Ant, Mixed Use Commercial Overlay •rict June 28, 2000 Page 9 (1) ** Transitional housing. (2) ** Major event entertainment. (3) *** Motor vehicle retail fuel sales. DR: * Our standard preamble should be inserted. JJ: Back to the basic questions: use our format or Tig's? DR: ** What are these? JJ: Not sure, other than what they say—maybe more interpretations. DR: Do we want this use in the Dur Quarry site? JJ: It could have a role as a permitted use in the underlying CG District, or as a cond'I use permit in the MUCOD. If we don't allow it in this list, and if the CG regs don't apply once the MUCOD is applied (see earlier comment—the issue of whether or not the underlying CG list of uses and devel regs still apply once the MUCOD is applied, is an issue to discuss and answer), and if we apply the MUCOD to the Dur Quarry Area (south of Bridgeport Rd.) in the future, all the existing gas stations will become nonconforming. 57.040 Application of the Mixed Use Commercial Overlay District (MUCOD). * (1) The general area eligible for the MUCOD to be applied is west of 1-5 Exit 290 and west SW Lower Boones Ferry Road/SW 72nd Avenue and north of SW Lower Boones Ferry Road in the General Commercial (CG) Planning District. (2) The MUCOD is applied in the City of Tualatin to the Durham Quarry Site. ** (3) In the future the MUCOD can be applied to the Durham Quarry Area through the Plan Text Amendment process wherein TDC Chapters, as appropriate, would be amended. (4) When the MUCOD is applied to land in the General Commercial District the requirements of TDC Chapters 54 (General Commercial District), 57 (MUCOD) and 73 (Community Design Standards) shall apply. Other TDC Chapters, if appropriate, shall also apply. DR: * Would map be better? JJ: Yes, 57.040(1) could be rewritten to say: "The area eligible...is shown on Maps 31-1 and 31-2. DR: ** I'm still confused on how the application is made. JJ: 57.040(4) could be rewritten to say: "In the future...to the Durham Quarry Area upon an application by the City of Tualatin or other applicant for a Plan Text Amendment to amend TDC Chapter 57, and other Chapters as appropriate, through the Plan Text Amendment process. 57.050 Development Standards. (1) Development shall comply with applicable development standards, except where variances and minor variances are granted in accordance with TDC Chapter 33. (2) * Development standards: (a) Minimum lot area: None. (b) Minimum building setbacks: None. (c) Except as determined in the Architectural Review process, maximum building setbacks are: (i) Commercial: 10 feet front and ** streetside; 0 interior side and rear, except when the side and rear abut a residential district it is 20 feet. PTA 99-11, Memo to Anto, Mixed Use Commercial Overlay Srict June 28, 2000 Page 10 (ii) Residential: 20 feet front; 0 rear and interior side, except when the side and rear abut a residential district it is 20 feet; 20 feet streetside. (d) *** Minimum building height: Except for theaters and cinemas which can be one story, 20 feet. (e) *** Maximum building height: 70 feet. (f) Density requirements. For determining floor area ratio (FAR) and residential densities, TDC 57.060 shall be used to establish the lot area. (i) **** The minimum FAR for non-residential development and mixed-use development which includes a residential component is 0.50. In mixed-use developments, residential floor area is included in the calculations of FAR. (ii) The minimum density for residential-only projects is 25 dwelling units per net acre. There is no FAR for residential-only projects. (iii) The maximum density for residential-only projects is 50 dwelling units per net acre. DR: * Suggest replacing "Development standards" with "Lot Size." JJ: I'd recommend retaining "Development standards" as only (2)(a) deals with lot size and the rest deal with development standards of one sort or another. DR: ** Define "streetside?" JJ: I'm not sure it needs a definition as it is clear to me. DR: ***Structure Height, i.e., don't use bldg ht, use Structure height. JJ: Good comment. A structure is almost anything, whereas a bldg has a much more restricted definition. For example, if bldg ht limits are set and a cell tower (a structure, but not a bldg) is proposed, what is the max ht for a cell tower? It would be good if our and Tig's regs referred to "structure," but if all the rest of Tig's Dev Code says "bldg" then we may need to use "bldg" here in Chapter 57 too. Need to talk to Tig. DR: **** Does mixed-use mean vert or horiz mixed-use? JJ: It doesn't matter because when the FAR for a tax lot is calculated, the residential floor area is included in the calc's whether it's vert or horiz. 57.060 * Determining Net Acres. (((Tigard Sec. 18.715.020))) Net acres shall be determined by subtracting the following land areas from the gross acres (all of the land included in the legal description of the property to be developed): (1) The following sensitive land areas: (a) Land within the 100-year floodplain; (b) Land exceeding 25% slope; (c) Drainage ways; and (d) Wetlands. (2) Land dedicated to the public for park purposes; (3) Land dedicated to the public for rights-of-way. When actual information is not available, the following formulas may be used: (a) ** Single-family development: allocate 20% of gross acres; (b) ** Multi-family development including but not limited to apartments, condominiums and townhouses : allocate 15% of gross acres; and (4) *** Land proposed for private streets. DR: * Is their def of net acre consistent w/ ours? JJ: I don't believe so; I don't think they allow devel in flood plains and would not want to count flood plain land in the net, but we allow devel in fld pins and would count it in the net. I don't think it matters as no Dur Quarry land is in the fld pin. Also, I don't think theirs and PTA 99-11, Memo to An., Mixed Use Commercial Overlay Sict June 28, 2000 Page 11 ours has to be the same as long as we have the same regs for the Dur Quarry, and we would both use this language so we would be using the same regs. DR: ** What does this mean? - JJ: The way I read it, it means when actual info is not available and it's a single family development, 20% of the gross area of the proposed development is net acres. Similarly, if it's a multi-fam devel, 15% of the gross area is net acres. DR: *** Tual doesn't allow pri streets, are we going to in the Dur Quarry? JJ: As of 6/28, I've not asked Mike McKillip. [[More later.]] 57.070 Not used. 57.080 Not used. 57.090 Not used. 57.100 Access. Except as provided below, no lot shall be created without provision for access to the public right-of-way in accordance with TDC 73.400 and TDC Chapter 75. Such access may be provided by lot frontage on a public street or by creating uninterrupted vehicle and pedestrian access between the subject lot and the public street. Lots and tracts created to preserve wetlands, greenways, Natural Areas and Stormwater Quality Control Facilities identified by TDC Chapters 71, 72, Figure 3-4 of the Parks and Recreation Master Plan and the Surface Water Management Ordinance, TMC Chapter 3-5, as amended, respectively, or for the purpose of preserving park lands in accordance with the Parks and Recreation Master Plan, may not be required to abut a public street. * 57.200 Design Standards. (1) Purpose and Applicability. (a) Design Principles. Design standards for ** public street improvements for the Mixed Use Commercial Overlay District (MUCOD) address several important guiding principles, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system and utilizing streetscape to create a high quality image for the area. *** DR: * 57.200 should be in Tual's Chapter 73. JJ: Good comment. We need to decide where to put it. The factors to consider are, again, whether to be as consistent with Tig's format as possible, or change Tig's MUC to fit our format. Another factor is what would be most convenient for Tual staff who will be doing all the Architectural Reviews—as now written, most of the Dur Q regs are in one place (the new 57) and that may be easier to deal with for developers and Ping Dept staff. DR: ** Above it says/allows pri streets. Are there pri street standards? Will Tual allow pri. streets? JJ: There are no pri street standards in Chapter 57. [[More to come from McKillip RE: allowing pri streets]] DR: *** Suggest Objectives and Standards similar to our own Code format. JJ: Good comment. Again, follow Tig's, or us our own. (b) Development Conformance. New development, including PTA 99-11, Memo to An*, Mixed Use Commercial Overlay Sict June 28, 2000 Page 12 - remodeling and renovation projects resulting in non-single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the * Development and * Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects within and surrounding the MUCOD. DR: * Change "Development" to "Tualatin Development Code" and change "Building Codes" to "OSSC." JJ: Good comment. I'd support those changes and we'd spell out OSSC. * (c) Conflicting Standards. In addition TDC Chapter 54 (General 57 7r(MUCOD) requirements, the requirements TDC Commercial District), 73 (Community Design Standards) and other applicable chapters apply. If the provisions of TDC Chapters 54, 57, 73 and other applicable chapters conflict or are different, they shall be resolved through the Architectural Review process. The resolution process shall consider giving deference to TDC Chapter 57 requirements because: DR: * Does Arch Rev process allow this? How does this fit into variances? JJ: Good comments. It will be allowed per the proposed 73.050(5) as shown on the last page of these proposed amendments. The new 73.050(5) ties back to (c) above. Variances are: As long as the proposed development meets the standards that are the applicable standards, then it complies. For example, if the height standard in Chapter 57 has been determined in the AR process to be the applicable standard, and Chapter 57's height maximum is 70 feet, and the proposed buildings are no higher than 70 feet, then the height standard is met—no need for a variance. But, if Chapter 54's (CG District) height standard has been determined in the AR process to be the applicable standard, and Chapter 54's height maximum is 45 feet, and the proposed buildings are 60 feet, then the height standard is not met and a variance would be needed before the buildings could be 60 feet high. BB: * This needs to have some criteria or process. JJ: Good comment. The process is the AR process. Just as sideyard setbacks, and many other things, are determined through the AR process right now, the applicable standards would be determined through the AR process. As to criteria to be used in that process, there is one criterion and it is the last sentence in (c) above which provides guidance and direction that the standards of Chapter 57 should be used because of the reasons in (i), (ii) and (iii) below. If this is not workable or too nonstandard approach.or whatever, it can be changed to something that is workable or a (i) the Durham Quarry Site is in both the Cities of Tualatin and Tigard and the cities agree the same, or nearly the same, requirements should apply, (ii) the Chapter 57 requirements, which are modeled after the City of Tigard's Mixed Use Commercial Zone, include some requirements that are not addressed, or are not addressed in as much detail, in TDC Chapters 54 and 73, and (iii) the City of Tualatin included the City of Tigard requirements PTA 99-11, Memo to Ant, Mixed Use Commercial Overlay l rict June 28, 2000 Page 13 in TDC Chapter 57 with the intent that the requirements in the City of Tualatin would be consistent with the requirements in the City of Tigard. (2) Site Design Standards. Development shall meet the following site design standards. (a) * Building placement on Major and Minor Arterials. Buildings shall occupy a minimum of 50% of Major and Minor Arterial street frontages. Buildings shall be located at public street intersections on Major and Minor Arterials. DR: * Does Tual use Maj and Min Arts? JJ: Yes. (b) Building setbacks. See TDC 57.050(2). * (c) Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the sidewalk ((( ))) shall be provided between a structure and a public ** street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an *** L-1 standard on public streets and an **** L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are required. These areas shall contribute to the minimum landscaping requirements. (((. _ . ! _ . - e - - '• ))) DR: * How do our accessway requirements fit into this? JJ: They don't fit into (c) as we'll be using the standards in Chapter 57. DR: ** Replace "street" with "right-of-way." JJ: Good comment. I'd propose "...and a public street right-of-way or accessway." BB: *** L-1 is not our standard. JJ: Per these amendments we're adopting the L-1 standard for use in the MUCOD so we'll be consistent with Tig's MUC Zone that they will adopt for their 7 acres. DR: **** This is similar to hardsurface landscape requirements. JJ: No comment. (d) Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public * street or accessway. The walkway shall be at least 6 feet wide and paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are required. These areas shall contribute to the minimum landscaping requirements. (((per Sec. 18.520.040B and Table 18.520.2))) DR: Replace "street" with "right-of-way." JJ: Good comment. !'d propose "...and a public street right-of-way or accessway." (e) Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way shall be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, * primary street(s) shall be identified where this requirement PTA 99-11, Memo to Anglo, Mixed Use Commercial Overlay Strict June 28, 2000 Page 14 applies. If located on the side, parking is limited to 50% of the street frontage and must be behind a landscaped area constructed to an ** L-1 Landscape Standard. The minimum depth of the *** L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L- 2 Landscape Standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 Landscape Standard. DR:. * What is a Primary Street? JJ: Good comment. [[I have my own idea, but I'll check with Tigard]] BB: ** This doesn't match our standard does it? JJ: No, but we're adopting the L-1 standards per this plan text amendment for use in the Dur Quarry Site. DR: *** Where are these? Are there diagrams to show L-1 and 2? JJ: Good comment. The L-1 and 2 materials are in 57.200(4) below. There are no diagrams in Tig's material that show L-1 and 2, so there are no diagrams proposed for this Plan Text Amendment. (3) Building Design Standards. (a) * Non-residential buildings shall comply with the following: (i) Ground floor windows. Street-facing elevations within the Building Setback (0-10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. ** Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. DR: * Suggest replacing "Non-residential" with "Commercial." JJ: "Non-residential" seems to cover what it intends to cover, i.e., everything that isn't residential, so it's clear what it covers. DR: ** Not sure what this sentence says, especially the word "adjoining." JJ: Good comment. I can follow it up to "...as long as all..." and then I'm not sure what it's saying. [[Need to clarify]] (ii) Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (A) a variation in building materials, (B) a building off-set of at least 1 foot, (C) a wall area that is entirely separated from other wall areas by a projection, such as an arcade, or (D) by other design features that reflect the building's structural system. (E) No building façade shall extend for more than 300 feet without a pedestrian connection between or through the building. (iii) Weather protection. Weather protection for pedestrians, such as awnings, canopies and arcades, shall be provided at building entrances. Weather protection is encourage along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. ((( PTA 99-11, Memo to Antic), Mixed Use Commercial Overlay Strict June 28, 2000 Page 15 •))) (iv) Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding shall not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. (v) Roofs and Roof Lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. (vi) * Roof-mounted Equipment. Roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized. (((- e - - - •• e - . • - - - - - •• - - •))) DR: * How does this fit into our wireless communication requirements? JJ: Good comment. Not sure, haven't checked it out. [[Need to check.]] (b) Residential-only and Mixed-Use Buildings where at least 50.1% of the gross floor area of the building ((( ))) is residential shall comply with TDC 57.300, Design Compatibility Standards. ((( , ))) (4) Landscaping and Screening. (a) Applicable Levels. Two levels of landscaping and screening standards are applicable. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in TDC Chapter 57. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. (i) * L-1 Low Screen. For general landscaping of landscaped and screened areas within parking lots and along ** local collectors and local streets, planting standards of TDC 57.400 ((( - - - - - -. • -, - - - • - - - - - - - • • -, ))) shall apply. In addition the L-1 standard applies to setbacks on *** major and minor arterials. Where the setback is a minimum of 5 feet between the parking lot and a major or minor arterial, **** trees shall be planted at 3 % inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a ***** 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. ((( • • - - - - •• - - - - - Inc• - - - - - •- • - - - . •• - . •- - - - •))) DR: * Does not match our Street Tree regulations. JJ: I don't believe (i) is about street trees in the ROW. I think these Tig regs from their MUC Zone apply to development on private land, just as our Tual Devel Code applies to development on private land. DR: **Tual does not have "local" collectors. JJ: Good comment. I'd propose we change "local collectors" to "Minor Collectors." DR: *** Does Tual have Maj and Min Arterials? JJ: Yes. DR: **** The 3.5 inch does not match Tual's proposed Urban Forestry program standard. JJ: This refers to trees planted on private property (like ours, Tig's regs apply to development on private property), whereas the Urb For prog is about planting in the planting PTA 99-11, Memo to Anglo, Mixed Use Commercial Overlay•trict June 28, 2000 Page 16 strip in the ROW, so this is OK. DR: ***** The 90% opacity conflicts with Tual's reg's. JJ: Yes, but we're adopting these standards from Tig to be in our new Chapter 57 and it's expected that there will be a few differences. The concept is for us to adopt Tig's MUC Zone and to not change very much in it or else the successful developer will be dealing with two sets of regulations. The goal is for the developer to deal with only one set of regulations (again recognizing that not everything will be exactly the same). (ii) * L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of TDC 57.400 ((( , ))) shall apply. In addition, trees shall be provided at a minimum 2 1/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. (((Any-tree DR: * Do we need to amend the street tree requirements? See notes above. JJ: No, as the MUCOD regs apply to development on private land and the street tree regs apply to street trees in the ROW. 57.300 * Design Compatibility Standards. (((T,ig Sec. 18."^, Design Cempatibility-Standafds))) DR: * Residential and Mixed Use. JJ: Not sure what the comment is other than maybe it was to suggest adding "Residential and Mixed Use" to the title of Sec 57.300. (1) Front facades. All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street, not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas * or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encouraged for structures facing a street to create visual interest. DR/BB: * The phrase "...or planes of..." was circled by DR and lined-through by BB. JJ: I understand what the phrase is talking about. I'm not sure why DR/BB lined it through other than it may not be clear to them. It is clear to the Ping Dept. (2) Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. (3) * Unit definition. Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation, or by providing a roof gable or porch that faces the street. Ground-level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. DR: How does this fit our porch requirements in the Tual Devel Code? JJ: This gets back to whether or not Tig's MUC Zone is going to be used or not and if the same reg's will be used in the Tual and Tig portions of the Dur Q site. I don't have a problem using this language. PTA 99-11, Memo to An., Mixed Use Commercial Overlay Pict June 28, 2000 Page 17 (4) Roof lines. Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. (5) Trim detail. Trim shall be used to mark all building roof lines, porches, windows and doors that are on a primary structure's street-facing elevation(s). (6) Mechanical equipment. Roof-mounted mechanical equipment, other than vents or ventilators, shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. (7) Parking. Parking and loading areas may not be located between the primary structure(s) and the street upon which the structure fronts. If there is no alley and motor vehicle access is from the street, parking must be provided: (a) In a garage that is attached to the primary structure; (b) * In a detached accessory structure located at least 50 feet from the front property line; or DR: * What is a "...detached accessory structure...?" JJ: Even though the term is not defined, it seems this term could be figured out during the Arch Rev process—many of the terms used in the Arch Rev process are not defined. By way of a definition, I would suggest something like, A structure secondary to and separated from the primary structure. (c) In a parking area at the side or rear of the site. (8) Pedestrian circulation. (a) The on-site pedestrian circulation system shall be continuous and connect the ground-level entrances of primary structure(s) to the following: (i) Streets abutting the site; (ii) Common buildings such as laundry and recreation facilities; • (iii) Parking areas; (iv) Shared open space and play areas; (v) Abutting transit stops; and (vi) Any pedestrian amenity such as plazas, resting areas and viewpoints. (b) There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. 57.400 Landscaping and Screening. (1) * General Provisions. DR: * RE: (1)(a-d); How does this match our maintenance requirements and other provisions? JJ: This gets back to whether or not Tig's MUC Zone is going to be used or not and if the same reg's will be used in the Tual and Tig portions of the Dur Q site. Even though it's different, I don't have a problem using this language. (a) Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and * his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be PTA 99-11, Memo to Angli, Mixed Use Commercial Overlay l.ict June 28, 2000 Page 18 maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. • BB: * Replace "...his agent..." with "...the tenant's agent." JJ: Good comment. I'd propose doing that. (b) Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: (i) It will not interfere with the maintenance or repair of any public utility; (ii) It will not restrict pedestrian or vehicular access; and (iii) It will not constitute a traffic hazard because of reduced visibility. (c) Installation requirements. The installation of all landscaping shall be as follows: (i) All landscaping shall be installed according to accepted planting procedures; (ii) * The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and BB: Must be a specific edition and cannot adopt future revisions. We have to amend when needed. JJ: Good comment. I'd propose deleting "...and any future revisions...." (iii) Landscaping shall be installed in accordance with the provisions of this title. (d) Certificate of Occupancy. * Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. BB: Replace "Certificates of occupancy..." with "A certificate of occupancy...." JJ: Good comment. I'd propose using "A certificate of occupancy...." (e) Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: (i) The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and (ii) The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). (f) Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. (g) Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be PTA 99-11, Memo to AIL, Mixed Use Commercial Overlay •rict June 28, 2000 Page 19 specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. (h) Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of- way abutting roadways having no established curb and gutter. (2) * Street Trees DR: These requirements are different than our street tree requirements. We are also proposing the Urban Forestry Plan which proposes modifying our street tree requirements. How does all this fit together? BB: RE: the several references to "Planning Director." In Tual, the Community Services Director, not the Ping Dir, is responsible for the street tree program. JJ: Good comments. In prior discussions with Tig, they said they didn't see the need for everything to be exactly the same, especially in the ROW. They intend for Tual to do the land use decisions and bldg permits, so it will be Tual staff that will have to deal with any differences in the regulations that apply to the Tual portion and the Tig portion of the Dur Q. Thus, given this is about street trees in the ROW I'd support deleting 57.400(2) on Street Trees. I'll check with Justin the the Comty Servs Dept to see what he thinks. If this is deleted, we still will have our regular Tual regs that require street trees in the ROW and our Arch Rev standards that require, or allow us to require as a condition of approval, that trees be planted on private property. (a) Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length shall plant street trees in accordance with the standards in TDC 57.400(2)(c). (b) Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Planning Director. (c) Size and spacing of street trees. (i) Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Subsection 2 below; (ii) The specific spacing of street trees by size of tree shall be as follows: (A) Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; (B) Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (C) Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; (D) Except for signalized intersections as provided in TDC 57.400(2)(h) ((( ))), trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private PTA 99-11, Memo to Arro, Mixed Use Commercial Overlay Strict June 28, 2000 Page 20 driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; (E) No new utility pole location shall be established closer than five feet to any existing street tree; (F) Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; (G) * On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; BB: Suggests "...(e.g., water and gas meters)..." be deleted. JJ: Good comment. It's probably better to not mention just two on-premise utilities, unless it's in the form of"(inclucing, but not limited to water and gas meters)...." (H) Street trees shall not be planted closer than 20 feet to light standards; (I) New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; (J) Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; (K) Trees shall not be planted within two feet from the face of the curb; and (L) Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. (d) * Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. BB: Suggests "As they grow, trees shall be...." JJ: Good comment. I'd propose making that change. (e) Cut and fill around existing trees. Existing trees may be used as street trees as determined in the Public Works Construction Permit process provided they are the required specie and no cutting or filling takes place within the drip-line of the tree. (f) Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with trees approved by the Planning Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Planning Director. PTA 99-11, Memo to Arilo, Mixed Use Commercial Overlay Otrict June 28, 2000 Page 21 (g) Granting of adjustments. Does not apply. (h) Location of trees near signalized intersections. The Planning Director may allow trees closer to specified intersections which are signalized, provided the vision clearance area provisions are met. (3) Buffering and Screening (a) General provisions. (i) It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; (ii) Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables (3)(a) 1 and (3)(a) 2) (((Tables 18.745.'' and 18.745.2))). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; (iii) In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. (b) Buffering and screening requirements. (i) A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; (ii) A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the * City; BB: Does "...City:" mean the Council, Engineer, who? JJ: I'm not sure it matters if the specific position in the City is stated. I'll check with BB to see how important this is. (iii) A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of TDC 57.400((3)(b)(viii) and (2)(d) ((( ;))) (iv) The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in * Table 57.400(3)(a) 1 ((( ))). In addition, improvements shall meet the following specifications: PTA 99-11, Memo to Antio, Mixed Use Commercial Overlay Mrict June 28, 2000 Page 22 BB: Is this reference to Table 57.400(3)(a) 1 correct? JJ: Yes. (A) At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. (B) In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; (C) The remaining area shall be planted in lawn or other living ground cover. (v) Where screening is required the following standards shall. apply in addition to those required for buffering: (A) A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four-foot continuous screen of the height specified in Table 57.400(3)(a) 2 (((Table 18.745.2))) within two years of planting; or (B) An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 57.400(3)(a) 2 (((Ta-lc 18.745.2))) within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or (C) A fence or wall of the height specified in Table 57.400(3)(a) 2 ((( ))) shall be constructed to provide a continuous sight obscuring screen. (vi) * Buffering and screening provisions shall be superseded by the vision clearance requirements (((as see k-i-n C pter 1 5))); DR: Reference the vis clear section in the Tual Devel Code. JJ: I'm not sure we need to state the section, but I'd propose, "Buffering...requirements in the Tual Dev Code." (vii) When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the PTA 99-11, Memo to Ano, Mixed Use Commercial Overlay Strict June 28, 2000 Page 23 required height impractical, a detailed landscape/screening plan shall be submitted for approval; (viii) Fences and walls (A) Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, * or otherwise acceptable by the Planning Director; DR: Should state, "...or as determined in the Architectural Review process." JJ: Good comment. I'd propose making the change as it will bring (viii)(A) into conformance with our standard language in the Tual Dev Code. (B) Such fence or wall construction shall be in compliance with other City regulations; (C) Walls shall be a minimum of six inches thick; and (D) Chain link fences with slats shall qualify for screening. *However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. DR: Recommends the sentence be deleted. No explanation. JJ: Not sure why it should be deleted. I would rather have a nonslatted chain link fence with a hedge than a slatted chain link (with no hedge). (ix) Hedges (A) An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in TDC 57.400(2)(c)(ii)(A and B) (((Ss . ;))) (B) Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and * (C) No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area (((as—s°et orth in Chapter 18.795.))) DR: Reference vision clearance section in the Tual Devel Code. JJ: I'm not sure we need to state the section, but I'd propose, "No hedge...permitted by the Tual Devel Code for a...." (c) Setbacks for fences or walls. (i) No fence or wall shall be constructed which exceeds the standards in 57.400(3)(c)(ii) below ((( ))) except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; (ii) * Fences or walls: PTA 99-11, Memo to Arlo, Mixed Use Commercial Overlaytrict June 28, 2000 Page 24 (A) May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in ** Chapter 18.795; DR: * Do we want fences in front yards for com'l and resid'I? JJ: This allows fences, but doesn't require them. In the Arch Rev process it can be determined if a fence is ok. A fence in a given location may be appropriate. JJ: ** I'd propose replacing "...Chapter 18.795..." with "...in the Tual Devel Code;" (B) * Are permitted up to six feet in height in front yards adjacent to any designated arterial, ** major collector or minor collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to *** administrative review of the location of the fence or wall. DR: * Do we want 6 ft fences along arterials? JJ: Good comment. This allows them, but doesn't require them. It can be determined in the Arch Rev process. DR: ** Delete "...major...." JJ: Good comment and I'd go one further, I'd replace "...major collector or minor collector street" with "...to any designated arterial or collector street." DR: *** What admin review? JJ: Good comment. I'd propose "...subject to Architectural Review approval of the location of the fence or wall." (iii) * All fences or walls shall meet vision clearance area requirements; (((' ;))) DR: Reference section in Tual Dev Code for vis clear area. JJ: I'm not sure we need to state the section, but I'd propose, "All fences...requirements in the Tual Devel Code;" (iv) All fences or walls greater than six feet in height shall be subject to building permit approval. (d) Height restrictions. (i) The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; (ii) An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. (e) Screening: special provisions. (i) Screening and landscaping of parking and loading areas: (A) Screening of parking and loading areas is required. The specifications for this screening are as follows: PTA 99-11, Memo to Arelo, Mixed Use Commercial Overlaytrict June 28, 2000 Page 25 (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. (ii) * Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners that which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a • solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; DR: Do these conflict w/ our mixed solid waste screening requirements? JJ: I don't know. I'll have Will H. check it out. (iii) Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tualatin (((Tigard))) Building Code; (iv) Screening of refuse containers. Except for one- and two- family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. (f) Buffer Matrix. (i) The Buffer Matrices contained in Tables 57.400(3)(a) 1 and 2 (((Tables-48,7-45,1—and-184-454))) shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; (ii) An application for a variance to the standards required in Tables 57.400(3)(a) 1 and 2 (((Tables 18.745.1 and 18.745.2))) shall be processed in accordance with TDC Chapter 33 ((( - . - - - - -1-8T3-7-00-104))) (4) Re-vegetation (a) * When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements PTA 99-11, Memo to Aelo, Mixed Use Commercial Overlalkstrict June 28, 2000 Page 26 and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. DR: Does this conflict with our standards? JJ: Don't know. I'll have Will H. check it out. (b) Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and (i) Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and (ii) After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. (c) Methods of re-vegetation. (i) Acceptable methods of re-vegetation include hydro- mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: (A) Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; (B) Other re-vegetation methods offering equivalent protection may be approved by the approval authority; (C) Plant materials are to be watered at intervals sufficient • to ensure survival and growth; and (D) The use of native plant materials is encouraged to reduce irrigation and maintenance demands. DR: Any requirement to irrigate the landscaping? JJ: Good comment. I'll have to read thru it again and/or check with Tig staff. 57.500 Off-Street Parking and Loading. See TDD Chapter 73. 57.600 Environmental Standards. See TDC Chapter 63 57.700 Floodplain District. See TDC Chapter 70. 57.800 Wetlands Protection District. See TDC Chapter 71. 57.900 Greenway and Riverbank Protection District. See TDC Chapter 72. 57.950 Community Design Standards. See TDC Chapter 73. Chapter 73, Community Design Standards 73.055 Conditions Placed on Architectural Review Approvals. (1) No change. (2) The following types of conditions are specifically contemplated by subsection (1) of this section and the listing below is illustrative only and not a limitation of the authority granted by this section. (a) Development Schedule--A reasonable time schedule may be placed on construction activities associated with the proposed development, or portion of the development. i Use ommercialOverla strict PTA 99 11, Memo to Angelo, Mixed Us Commercial Y June 28, 2000 Page 27 (b) Dedications, Reservation--Dedication or reservation of land, or the granting of an easement for park, open space, rights-of-way, bicycle or pedestrian paths, Greenway, Natural Area, Other Natural Area, riverbank, the conveyance of title or easements to the City or a non-profit conservation organization, or a homeowners' association. (c) Construction and Maintenance Guarantees--Security from the property owners in such an amount that will assure compliance with approval granted. (d) Plan Modifications--Changes in the design or intensity of the proposed development, or in proposed construction methods or practices, necessary to assure compliance with this chapter. (e) Off-Site Improvements--Improvements in pubic utility facilities not located on the project site where necessary to assure adequate capacity and where service demand will be created or increased by the proposed development of if the cost of providing services to others will be increased as a result of the development. The costs of such improvements may be paid for in full while allowing for recovery of costs from users on other development sites, or they may be prorated to the proposed development in proportion to the service demand projected to be created or increased by the project. For development on land where the Industrial Business Park Overlay District is applied, conditions of approval may be included to address the impact, or the cumulative impact, of the development generated by the underlying ML or MG District uses and the Overlay District uses, including but not limited to the traffic impacts generated by nonindustrial uses. For development on land where the Mixed Use Commercial Overlay District (MUCOD) is applied, conditions of approval may be included to address the impact, or the cumulative impact, of the development generated by the underlying CG District uses and the MUCOD uses, including but not limited to the traffic impacts generated by noncommercial uses. (f) Other Approvals--Evaluation, inspections or approval by other agencies, jurisdictions, public utilities, or consultants, may be required for all or any part of the proposed development. (g) Access Limitation--The number, location and design of street accesses to a proposed development may be limited or specified where necessary to maintain the capacity of streets to carry traffic safely, provided that sufficient access to the development is maintained. (h) Public Utility Facilities--Must be constructed in accordance with the City's Public Works Construction Code. 73.050 Criteria and Standards. (1) — (4) No change. (5) For development in the Mixed Use Commercial Overlay District (MUCOD) the TDC Architectural Review procedures and the development requirements of TDC Chapters 54 (General Commercial), 57 (MUCOD), 73 (Community Design Standards) and other applicable Chapters apply. If the development requirements of TDC Chapters 54, 57, 73 and other applicable Chapters conflict or are different, they shall be resolved in accordance with TDC 57.200(1)(c). END OF PROPOSED AMENDMENTS „, - • • ANGELO <' EATON & Associate s M E M O R A N D U M dri TO: Jim Hendryx, City of Tigard I 600r Dick Brewersdorf, City of Tigard ,rc7 Julia Hajduk, City of Tigard /,�� Jim Jacks, City of Tualatin A V�'” .$ Larry Eisenberg, Washington County 44(/L „,„ Teresa Wilson, Washington County --��s" FROM: Frank Angelo 6. 7 DATE: January 10, 2001 CC: Cathy Corliss FILE #: 010-003 RE: Tigard Comprehensive Plan and Code Amendments for Durham Quarry The attached provides the draft amendments to Tigard's Comprehensive Plan and Devjlopment Code to implement the Mixed-Use Commercial District in Tigard. The changes refle lt the amendments that Tualatin recently adopted (December 2000) to incorporate the M. ed-Use Commercial District (MUCD) into its Code. I believe the two Mixed-Use Com rcial Districts are consistent and include the same development standards, permitted uses, et ... Many of the development standards that Tualatin included in its MUCD came from the Tigard Code. Therefore, you will notice that I was able to reference existing Tigard Code sections rather than repeating the code text in the Durham Quarry section. The attached changes include the following: • Amendments to the Tigard Comprehensive Plan; • Amendments to the Tigard Development Code 18.520— Commercial Districts • New Tigard Development Code Chapter 18.640—Durham Quarry Design Standards The new Mixed-Use Commercial District would be applied to the Durham Quarry property in Tigard through comprehensive plan and zoning map amendments. Before we proceed with the formal Plan Amendment and Development Code Amendments I would like to meet with you to make sure the proposed changes reflect those necessary in the Tigard Code and that we are, in fact, consistent between the two cities. I would also like to discuss the Plan Amendment/Zone Change process as it relates to findings we will need to • • 620 SW Main , Suite 201 Ph : 503 . 224 . 6974 Fax : 503 . 227 - 3679 Land Use Planning Transportation Planning Project Management ` • • • Memorandum -continued • Page 2 present in our application. Specifically, I would like to get some guidance from Tigard staff on the review criteria that will be applied to the application. Will a traffic study be necessary because we are changing the comprehensive plan and zoning map to Mixed-Use Commercial,on the Durham Quarry site? I would like to suggest that we meet sometime the week of Monday, January 22nd. I will coordinate with Julia on a meeting time and get back to each of you with a confirmation. If you have any questions before we meet, please give me a call at 503-227-3664. • . . • SW1/4 NE 1/4 SECTION 13 T 2S R I W W.M. 0 2S I I3AC WASHINGTON COUNTY OREGON V SCALE I".I 00' SEE MAP OS 1 309 ,4 f71- ''''' 7• .v 7* •-.., --7-- --- -7---7—r-l'-"-v--ZT'... .-- „... 3 SEE MAP = .i I — —I ''' 2S 39A . I 1 "I 1 1 I 1. 15 21 1 ■0 2 01 I. I . .1.311•4-. 1 I I "'"" _..i 1_ I ;:, - - - -"‘--. - l 4 1 25 1 26 I 27 1 • 28' 1 29 1 30 1 31 32i •,.1; 1 1 i0 U1N C 1 11P 1v11:-.1 \N F ''' c- i : r..c. . 23 1 i il / 14 s 4 I_ 400 The as I:E 50'.": 42 ...• I I I ■•,2..5044 I I I I n' : El 4 ■0 3 I _L _ _ _L ,.. - \ ' .21 7 T — — T — — T - -2 I I 1 I .....4 j I I,195e 1 I 41 I 40 A 11 c 39 1: 38 I 37 I. °4/46.4 ' - I 1 1 i 1 i 34 I 3,3. '2. SEE MAP ZS I ESAO Arrow L i et4 . O I I ,•15 I I • , I soo 23-74 , h'04 ',•'• •,, : .95. i I i 44 ..i 1 I • • 0 Wle, 41.. ...”. SEE MAP 25 1 IMO 1 ;. TAC74 C COO HOO . MK I .1. I • 4 _ I I I I I 2 t 3 t; 4 1.• 5 I 6 7 8 9 10 4 I I t ! C 0 UNIc 11 V 1 i E 'N i ,, 23-87 I I I I ,,, ,! i _ _ _ _ 1 _ _ 1 _ _ 1 _ 4. ,. —.. ___ woe ...s. FINDLAY ,......• , fai••11 1 I inc ,.., RoADA _ _., _ 1 I , I iiii .., ?M. I I I i A C R 2 S NI 0 1 I 1 I 40020 - - 11 - -.1 18 17 A IS 14 13 12 1 ■ I 1 1 : It • I • I I I ,rs L , 1 , , ..1 ecIPIL 4,_ -1-"It ' ---"'"'"---■•••11111111/1. 4"6"--1- ' a —. -DURHAM SEE MAP il' 2S 1 WS TIGARD • 2S 1 I3AC 712.0■AvekoraA qo tuOt•it Stre A . eAttAie -15 lAixeD. U4 -- i • . • • • Durham Quarry Comprehensive Plan Text Amendment This section amends the Tigard Comprehensive Plan to accomplish the following: 1. Remove reference to the "active mineral/aggregate resource know as the Durham Quarry" from Policy 3.3 Natural Resources. The Durham Quarry is no longer active and the property owner, Washington County, has declared the property as surplus. 2. Amends Policy 5.5 Economy to recognize that residential uses are permitted within the Mixed-Use Commercial— 1 District. 3. Amends Policy 6.6.1 (a) to provide an exception to buffering in mixed-use zones. 1 4. Adds a new Policy 12.2.5 to enable the Mixed-Use Commercial District and provide locational criteria for siting Mixed-Use Commercial districts. Changes to existing plan language or new plan language are shown in italics. • • Proposed Tigard Comprehensive Plan Amendments For the Durham Quarry Mixed Use Development Tigard Comprehensive Plan, Findings Policies& Implementation Strategies, Volume H 1. GENERAL POLICIES IMPLEMENTATION STRATEGIES 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply the land use categories in the following manner: Strategies a.through i.—no change j. [new] Mixed Use Commercial—Areas with a development concept that is characterized by a mix of retail, office, service commercial and residential uses. The applicable zoning districts are all mixed use commercial (MUC-1). Re-letter strategies j. through m. 2. CITIZEN INVOLVEMENT—no change. 3. NATURAL FEATURES AND OPEN SPACE—no change. 3.3 NATURAL RESOURCES Findings: Finding 1 —no change Finding 2—[delete] There is one active mineral or aggregate resource within the 4. AIR, WATER AND LAND RESOURCES QUALITY—no change. 5. ECONOMY POLICIES 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT,AND ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS. (THE DENSITY OF RESIDENTIAL • • DEVELOPMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE R-40 DISTRICTS.)AND; EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI-FAMILY DEVELOPMENT SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT R-40 DENSITIES:;AND WITHIN THE MUC-1 DISTRICT, WHERE RESIDENTIAL USES SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25 UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE. • RESIDENTIAL USES WHICH ARE DEVELOPED ABOVE NON- RESIDENTIAL USES AS PART OF A MIXED USE DEVELOPMENT SHALL NOT BE SUBJECT TO THESE DENSITIES. 6. HOUSING �2 ?i° 6.6 ALL AREAS q M� Lc POLICY a P9i‘4 114. 6.6.1 THE CITY SHALL REQUIRE: Q�aR a. EXCEPT WITHIN MIXED USE ZONES, BUFFERING BETWEEN DIFFERENT TYPES OF LAND USES (FOR EXAMPLE BETWEEN SINGLE FAMILY AND MULTIPLE FAMILY RESIDENTIAL, AND RESIDENTIAL t AND COMMERCIAL USES, AND RESIDENTIAL AN INDUSTRIAL USES) P \61 AND THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE TYPE AND EXTENT OF THE REQUIRED BUFFER: 1. THE PURPOSE OF THE BUFFER, FOR EXAMPLE TO DECREASE NOISE LEVELS, ABSORB AIR POLLUTION, FILTER DUST OR TO PROVIDE A VISUAL BARRIER; 2. THE SIZE OF THE BUFFER NEEDED IN TERMS OF WIDTH AND HEIGHT TO ACHIEVE THE PURPOSE; 3. THE DIRECTION(S) FROM WHICH BUFFERING IS NEEDED; 4. THE REQUIRED DENSITY OF THE BUFFERING; and 5. WHETHER THE IS STATIONARY OR MOBILE. b. no change. 7. PUBLIC FACILITIES AND SERVICES—no change. 8. TRANSPORTATION —no change. 9. ENERGY—no change. • • 10. URBANIZATION—no change. 11. SPECIAL AREAS OF CONCERN—no change. 12. LOCATIONAL CRITERIA 12.2 COMMERCIAL 12.2.1 THE CITY SHALL: a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE, ITS SIZE AND REQUIRED TRADE AREA. b. APPLY ALL APPLICABLE PLAN POLICIES. c. APPLY THE APPROPRIATE LOCATIONAL CRITERIA TO THE SCALE OF THE PROJECT. 1.—4.—no change. S. fNewl Mixed Use Commercial The mixed use commercial Plan designation is intended to provide locations for development which allows a mix of uses, including retail,services, office and residential. The mixed use commercial designation should encourage developments that allows people to work, shop and live in a compact, pedestrian-oriented community. The mix of uses may occur either vertically (i.e., uses vary by building floor) or horizontally (Le., adjacent uses vary within a proposed development). A. Scale (1) Trade Area. Varies. (2) Site Size. Varies. (3) Gross Leasable Area. Varies. B. Locational Criteria (1) Spacing and Location (a) The Comprehensive Plan map fixes exact boundaries of the mixed use commercial areas. (b) The mixed use commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and projected traffic volumes, the • • speed limit, number of turning movements and the traffic generating characteristics of the various types of uses. (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (3) Impact Assessment fa) The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent uses which are not part of the mixed use development area can be maintained fc) It shall be possible to incorporate the unique site features into the site design and development plan. fd) The associated lights, noise and activities shall not interfere with adjoining uses which are not part of the mixed use development area. • Durham Quarry Amendments to Tigard Development Code — Title 18 This section amends the Tigard Development Code—Title 18 to accomplish the following: 1. Amend Chapter 18.520.020 (List of Zoning Districts) to establish the MUC-1: Mixed-Use Commercial— 1 District. 2. Amend Chapter 18.530.030 (Uses)—Table 18.520.1 (Use Table: Commercial Zones) to establish Permitted, Restricted, Conditional Uses and Not Permitted Uses within the MUC-1 District. 3. Amend Chapter 18.520.040 (Development Standards) —Table 18.520.2 Development Standards in Commercial Zones to establish the Development Standards for the MUC-1 District. 4. Amends Chapter 18.520.050 (Special Limitations on Uses) to indicate that development within the Mixed- Use Commercial District is subject to , Chapter 18.640 and the terms of an Intergovernmental Agreement between the cities of Tigard and Tualatin. Changes to existing code language or new code language are shown in italics. • • Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A. Provide range of commercial services for City residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the City so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use, including residential, commercial and institutional activities, in new and re-developing commercial areas. • B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 18.520.020 List of Zoning Districts A. C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair -- shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at least one-half mile, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and collector street. Housing is permitted on or above the second floor of commercial structures at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R-12 zone. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions, and transit-related park-and-ride lots, are permitted conditionally. In • • addition to mandatory site development review, design and development standards in the C-C zone have been adopted to insure that developments will be,well-integrated, attractively landscaped, and pedestrian-friendly. C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. D. 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. E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. F. 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. G. MUC-l: Mixed Use Commercial — 1. The MUC-1 zoning district, which is designed to apply to that portion of the Durham Quarry site within the City of Tigard, is a mixed-use commercial district bounded by 72nd Avenue, Findlay Street and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin shall furnish all planning, building and associated development review/permit services for the • • property. This zoning district is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay District(TDC, Chapter 57). It permits a wide range of uses including commercial lodging, general retail, offices and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter, development within this zone is subject to the standards of 18.640. 18.530.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential ones is presented in Table 18.520.1. C. Accessory structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit. 2. -All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. • • TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N' C-05 C-G C-P CBD MUE20 MUC-1 RESIDENTIAL Household Living N R6 R" R13 R" R2' 26 RI p Group Living N N C N P N /e� Transitional Housing NN C N C N C 6 " Home Occupation R2 R2 R2 R2 R2 R2 P CIVIC (INSTITUTIONAL) a� Basic Utilities C N N C C C C C Colleges N N N N N C C sir) Community Recreation N P N N P C P ' Sew , Cultural Institutions P P P P P P P Day Care P P P P P P P Emergency Services P P P P P P P Medical Centers C N C C C C C Postal Service P P P P P P P Public Support Facilities P P P P P P P Religious Institutions C C P C P P P 1e Schools N N N N N C. C Social/Fraternal Clubs/Lodges C C P P P P P COMMERCIAL Commercial Lodging N N P R14 P P P Eating and Drinking Establishments C P P R15 P P P Entertainment-Oriented - Major Event Entertainment N N C N C N C - Outdoor Entertainment N N P R15 P N G X - Indoor Entertainment P P P P P P P - Adult Entertainment N N C N C N C- $ General Retail - Sales-Oriented P P' P R16 P R72 P - Personal Services P P P P P R22 P - Repair-Oriented P P P N P R72 R25 - Bulk Sales N N P N N R22 R25 - Outdoor Sales NN P N N N N - Animal-Related N N N N N P N P' o JO' Motor Vehicle Related as quest 1a - Motor Vehicle Sales/Rental N N P/C12 N C N r N', 1��+^3gtar� - Motor Vehicle Servicing/Repair N C8 P/C'2 N R18 R22 N R2 6 - Vehicle Fuel Sales C C C N C N C Office P R9 P P P P P Self-Service Storage N N C N N N N Non-Accessory Parking C C P P P P P 1 • • TABLE 18.520.1 (CON'T) USE CATEGORY C-N C-C C-G C-P CBD MUE MUC-1 INDUSTRIAL Industrial Services N N N N N N N Manufacturing and Production - R23- Light Industrial N N N N N R23 N - General Industrial N N N N N N N Heavy Industrial N N N N N N N Railroad Yards N N N N N N N'9 Research and Development N N N N N R24 N jet Warehouse/Freight Movement N N N N N R24 N Waste-Related N N N N N N N Wholesale Sales N N N N C N N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R27 Rail Lines/Utility Corridors P P P P P P P Other C4 co NA NA C'9 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5A11 permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. • , 8Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. '1A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. "Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. "Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As 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. 16May not exceed 10%of the total square footage within an office complex. "Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20A11 permitted and conditional uses subject to special development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22Retail and sales uses may not exceed 60,000 gross leasable area per building within the Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted. 23A11 activities associated with this use, except employee and customer parking, shall be contained within buildings. • 24Permitted 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. 25Permitted provided the use is no lar!er than 60 000 s I uare eet o 'ross oor area per building or business. 26 Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses. 17 Wireless only as attached to structure within height limit—see Chapter 18.798 • • 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.310 and 18.320; 2. All other applicable standards and requirements contained in this title. • B. Development standards. Development standards in commercial zoning districts are contained • in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES - MUE• CBD Residential R-25 `STANDARD: . :' ,`,:-' C-N C-CI4I C-C C-P CBD R-40 R-12 C-G MF DU* MU" 1 Minimum Lot Size 5,000 sq ft 5,000 sq ft . None 6,000 sq ft None None None None - None -Detached unit - - - - - - - - 1,480 sq ft - -Boarding,lodging,rooming - - - - - - - - 6.100 sq ft - house Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None Minimum Setbacks -Front yard 20 ft 0/20 ft[5] 0 ft[6] 0 ft[6] 0/30 ft[7] 20 ft 20 ft 0 ft[6] 20 ft See -Side facing street on corner& 20 ft - - - 0/30 ft[7] 20 ft 20 ft - 20 ft 18.640. through lots[1] 050(B) -Side yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 10 ft[9] 10 ft[9] 0/20 ft[3] 10 ft - -Side or rear yard abutting more - - - - - - - - 30 ft restrictive zoning district - -Rear yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 20 ft[9] 20 ft[9] 0/20 ft[31 20 ft - -Distance between front of garage - - - - - 20 ft 20 ft - 20 ft & - property line abutting a public or - private street. Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft[8] 60 ft 60 ft 45 ft 45 ft 70 f1 Maximum Site Coverage[2] 85% 80% 85% 85% 85% 80% 80% 85% 80%[11] 90% . Minimum Landscape Requirement 15% 20% 15% 15% 15% 20% 20%[10] 15% 20% 10% [1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [2] Includes all buildings and impervious surfaces. [3] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [4] See Section 18.520.050B for site and building design standards. [5] No front yard setback shall be required, except a 20 foot front yard setback shall apply within • 50 feet of a residential district. [6] There shall be no minimum front yard setback requirement; however,conditions in Chapters 18.745 and 18.795 must be met. [7] There are no setback requirements, except 30 feet where a commercial use within a district abuts a residential zoning.district. • • [8] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. [9] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [10] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall be met for existing and new development. [11] Lot coverage includes all buildings and impervious surfaces. *Multiple-family dwelling unit , C-N-Neighborhood Commercial District C-C-Community Commercial District C-G-General Commercial District C-P-Professional/Administrative Office Commercial CBD-Central Business District 18.520.050 Special Limitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Section 3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment; and 4. Uses operating before 7:00 AM and after.10:00 PM shall be subject to the conditional use provisions, as governed in Chapter 18.330. . B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities, and as allowed in Sections 3 and 4 below; 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail, where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than 5% of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted • • within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject to conditional use provisions,as governed by Section 18.330. C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient • lodging, shall not be subject to this requirement; 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. D. In the MUC-1 zone. In addition to the standards of this Chapter, development in the MUC- 1 zone is subject to Chapter 18.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin dated 18.520.60 Additional Development and Design Guidelines (No Changes) • Durham Quarry Amendments to Tigard Development Code — Title 18 This section amends the Tigard Development Code—Title 18 to accomplish the following: 1. Creates Chapter 18.640 (Durham Quarry Design Standards) of the Tigard Development Code. This Chapter includes Sections 18.640.010 through 18.640.700 which present the design standards that development on the Durham Quarry site (Assessor Map 2S1 13AC 01200) will need to address. This is an entirely new section of the Tigard Development Code • • , CHAPTER 18.640 DURHAM QUARRY DESIGN STANDARDS Sections: 18.640.010 Purpose 18!640.020 Permitted Uses 18.640.030 Conditional Uses 18.640.040 Applicability 18.640.050 Development Standards • 18.640.060 Determining Net Acres 18.640.070 Not Used 18.640.080 Not Used 18.640.090 Not Used 18.640.100 Access 18.640.200 Design Standards 18.640.300 Design Compatibility Standards 18.640.400 Landscaping and Screening , 18.640.500 Off-Street Parking and Loading 18.640.600 Environmental Standards 18.640.700 Floodplain District 18.640.010 Purpose. The purpose of this district is to recognize and accommodate the changing commercial/residential marketplace by allowing commercial and residential mixed uses in the approximately 7 acre portion of the Durham Quarry site that are within the City of Tigard in the Mixed Use Commercial(MUC-1) Planning District.Retail, office, business services and personal services are emphasized, but residential uses are also allowed A second purpose is to recognize that when developed under certain regulations commercial and residential uses may be compatible in the Mixed Use Commercial District. 18.640.020 Permitted Uses A. Permitted uses are those uses permitted outright or with restrictions within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.030 Conditional Uses A. Conditional uses are those uses allowed conditionally within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.040 Applicability A. These design standards are applied in th Ci o i and to the Durham Quarry Site. This site includes the following proper : (2S1 13AC 01200). wo �4' / �> 9S �L`;sp '� ''!40){yam S • • B. Conflicting standards. The following design standards apply to all development located within the Durham Quarry within the MUC-1 zone. If a standard found in this section conflicts with another section in the Development Code, standards in this section shall govern. 18.640.050 Development Standards d00%c6' /r7✓no� vv!ql S5. . _ • A. Developme shall comply with applicable development standards, except where variances and inor variant are granted in accordance with the terms of the Intergovernmental Agreement between Tigard and Tualatin dated • B. Development standards: 1. Minimum lot area:None. 2. Minimum building setbacks:None. 3. Except as determined in thechitecturTReview process maximum building setbacks are: a. Commercial: 10 feet front and streetside; 0 interior side and rear, except when the side and rear abut a residential district it is 20 feet. b. Residential: 20 feet front; 0 rear and interior side, except when the side and rear abut a residential district it is 20 feet;20 feet streetside. 4. Minimum building height:Except for theaters and cinemas which can be one story, 20 feet. 5. Maximum building height: 70 feet. 6. Density requirements. For determining floor area ratio (FAR) and residential densities, 18.640.060 shall be used to establish the lot area. a. The minimum FAR for non-residential development and mixed-use development which includes a residential component is 0.50. In mixed-use\developments, residential floor area is included in the calculations of FAR. b. The minimum density for residential-only projects is 25 dwelling units per net acre. There is no FAR for residential-only projects. c. The maximum density for residential-only projects is 50 dwelling units per net acre. 18.640.060 Determining Net Acres Net acres shall be determined by subtracting the following land areas from the gross acres (all of the land included in the legal description of the property to be developed): A. The following sensitive land areas: 1. Land within the 100 year floodplain; 2. Land exceeding 25%slope; 3. Drainage ways; and 4. Wetlands. C. Land dedicated to the public for park purposes; D. Land dedicated to the public for rights-of-way. When actual information is not available, the following formulas may be used: 1. Single-family development:allocate 20% of gross acres; 2. Multi family development including but not limited to apartments, condominiums and townhouses: allocate 15% of gross acres; and E. Land proposed for private streets. 18.640.070 Not used • , 18.640.080 Not used 18.640.090 Not used 18.640.100 Access Except as provided below, no lot shall be created without provision for access to the public right-of-way in accordance with 18.705. Such access may be provided by lot frontage on a public street or by creating uninterrupted vehicle and pedestrian access between the subject lot and the public street. • 18.640.200 Design Standards. A. Purpose and Applicability. 1. Design Principles. Design standards for public street improvements for the Durham Quarry site address several important guiding principles, including creating a high-quality mixed use area,providing a convenient pedestrian and bikeway system and utilizing streetscape to create a high quality image for the area. 2. Development Conformance. New development, including remodeling and renovation projects resulting in non-single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects within and surrounding the Durham Quarry site. 3. Conflicting Standards. In addition to the design standards of 18.640, the requirements in 18.520(Commercial Zoning Districts) other applicable Chapters apply. If the provisions of 18.640 and other applicable Chapters conflict or are different,they shall be resolved in accordance with the terms of the Intergovernmental Agreement between Tigard and Tualatin dated . The resolution process shall consider giving deference to the requirements of 18.640 because: a. the Durham Quarry Site is in both the Cities of Tualatin and Tigard and the cities agree the same, or nearly the same, requirements should apply, b. Pursuant to an intergovernmental agreement between the cities of Tualatin and Tigard and Washington County, the City of Tualatin shall furnish all planning, building and associated development review/permit services for this site. B. Site Design Standards. Development shall meet the following site design standards. 1. Building placement on Major and Minor Arterials. Buildings shall occupy a minimum of 50% of Major and Minor Arterial street frontages. Buildings shall be located at public street intersections on Major and Minor Arterials. 2. Building setbacks. See 18.640.050(B). 3. Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the sidewalk shall be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L- 1 standard on public streets and an L-2 standard on accessways. Hard surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and • other street furnishings are required. These areas shall contribute to the minimum landscaping requirements. 4. Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. The walkway shall be at least 6 feet wide and paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are required. These areas shall contribute to the minimum landscaping requirements. 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way shall be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s)shall be identified where this requirement applies. If located on the • side,parking is limited to 50% of the street frontage and must be behind a landscaped area constructed to an L-1 Landscape Standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 Landscape Standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 Landscape Standard. See 18.640.200(D). C. Building Design Standards. 1. Non-residential buildings shall comply with the following: a. Ground floor windows. Street facing elevations within the Building Setback(0-10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. b. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (i) a variation in building materials, (ii) a building off-set of at least 1 foot, (iii)a wall area that is entirely separated from other wall areas by a projection, such as an arcade, or (iv) by other design features that reflect the building's structural system. (v) No building façade shall extend for more than 300 feet without a pedestrian connection between or through the building. c. Weather protection. Weather protection for pedestrians, such as awnings, canopies and arcades,shall be provided at building entrances. Weather protection is encourage along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. d. Building Materials. Plain concrete block,plain concrete, corrugated metal, plywood, sheet press board or vinyl siding shall not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. e. Roofs and Roof Lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. • f. Roof-mounted Equipment. Roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized 3. Residential-only and Mixed-Use Buildings where at least 50.1%of the gross floor area of the building is residential shall comply with 18.640.300. D. Landscaping and Screening. 1. Applicable Levels. Two levels of landscaping and screening standards are applicable. • The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in 18.640.400. These standards are minimum requirements. Higher standards may be suhstituted as long as all height limitations are met. a. L-1 Low Screen. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets,planting standards 18.745, Landscaping and Screening shall apply.In addition the L-1 standard applies to setbacks on major and minor arterials. Where the setback is a minimum of 5 feet between the parking lot and a major or minor arterial,trees shall be planted at 3 %2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. b. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets,planting standards 18.745,Landscaping and Screening shall apply.In addition, trees shall be provided at a minimum 2 %S inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. 18.640.300 Design Compatibility Standards A. Front facades. All primary ground floor common entries or individual unit entries of street frontage units shall be oriented to the street, not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. B. Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. C. Unit definition. Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street facing elevation, or by providing a roof gable or porch that faces the street. Ground-level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. D. Roof lines. Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. E. Trim detail. Trim shall be used to mark all building roof lines,porches, windows and doors that are on a primary structure's street facing elevation(s). • . • F. Mechanical equipment. Roof-mounted mechanical equipment, other than vents or ventilators,shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. G. Parking. Parking and loading areas may not be located between the primary structure(s) and the street upon which the structure fronts. It there is no alley and motor vehicle access is from the street,parking must be provided: `1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a parking area at the side or rear of the site. H. Pedestrian circulation. • 1. The on-site pedestrian circulation system shall be continuous and connect the ground- level entrances of primary structure(s) to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; d. Shared open space and play areas; e. Abutting transit stops;and f Any pedestrian amenity such as plazas, resting areas and viewpoints. 2. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. 18.640.400 Landscaping and Screening,See 18.745 18.640.500 Off-Street Parking and Loading,See 18.765 18.640.600 Environmental Standards. See 18.725 18.640.700 Floodplain District,See 18.775 18.640.800 Wetlands Protection District, See 18.775 t /AeL,/ w,11f(ev1G� s_47,61.40 i 12L/1/61/5 12L/1/61/5 12L/1/61/5 a 11/4 ' &4/7" Ce ..r , , X14" 4�� ANGELO • EATON & Associate s M E M O R A N D U M TO: Jim Hendryx and Laurie Nicholson, City of Tigard Jim Jacks, City of Tualatin Teresa Wilson and Larry Eisenberg, Washington County FROM: Frank Angelo and Cathy Corliss DATE: June 20, 2000 FILE #: 010-003 RE: Durham Quarry Amendments • . Per our discussions,we have begun to prepare the proposed amendments to the Tigard Comprehensive Plan and Development Code necessary to implement the Durham Quarry development plans. The draft amendments to date for the following are attached: ♦ Tigard Comprehensive Plan ♦ Tigard Development Code, Chapter 18.520, Commercial Zoning District ♦ [New] Tigard Development Code, Chapter 18.640, Durham Quarry Design Standards In addition to seeking general comments on the draft amendments, as we have proceeded with the draft amendments, a number of questions have arisen which should be resolved before proceeding. Some of these questions addressed shared concerns,others are specific to Tigard or Tualatin. Issues: ✓ ♦ The approach for the City of Tigard has been to create a new Comprehensive Plan District (Mixed Use Commercial)and a new base zone(MUC-1). Our assumption is that the City may wish to create other mixed use zones(e.g.,MUC-2 for Washington Square)under the umbrella of a single mixed use Comprehensive Pan District. Is this the right approach? - /..r—> ♦ The MUC-1 zone in Chapter 18.520 is limited to the Durham Quarry Site and is tied to the Durham Quarry Design Standards(18.640). Should the MUC-1 zone be more generic so that it can be used elsewhere? And,if so, how should the relationship to the design standards(Chapter 18.640)be handled? 4/ • The Mixed Use Overlay as proposed by Tualatin is silent on a number of use types(e.g., institutional). The assumption in Tualatin is that the base zone(General Commercial)would control where the overlay is silent. Tualatin may wish to clarify this language as 5.eme uses allowed by the General Commercial base zone should be limited in the project area. Also, ♦ 620 SW Main, Suite, 201 Portland, Oregon 97205 • phone 503-224-6974 • fax 503-227-3679 • C:\WINDOWS\TEMP\amendments memo.doc • Memorandum-conj.! • • Page 2 Tualatin's base zone(General Commercial)has a very different list of uses than those shown in Table 18.520.1 of the Tigard Development Code. Therefore,for Tigard's MUC-1 zone, where the overlay was silent,we used the MUE zone as a basis for identifying allowable,restricted, conditional and prohibited uses. This is intended as a starting place for discussion. The full menu of uses(allowable, restricted,conditional,and prohibited)should be reviewed and Table 18.520.1 and the Tualatin Overlay Zone made consistent. ♦ The City of Tigard identifies Development Standards in Commercial Zones in Table 18.520.2. The overlay district prepared by Tualatin is silent on maximum site coverage and minimum landscape requirements. Do we want to establish these standards for the zone or simply refer to the design standards? Also,the development standards for MUC-1 in Table 18.520.2,which are based on Tualatin's Mixed Use Overlay, are rather minimal. Is this appropriate? ♦ The proposed Durham Quarry Design Standards(Chapter 18.640)are based on Tualatin's Mixed Use Overlay. However,these standards make reference to and are dependent upon a number of other sections of Tualatin's Code(e.g.,TDC Chaper 33,Variances). We can either try to modify those references to refer instead to comparable sections of Tigard's Code or we can retain the references to Tualatin's code. If we modify the standards to refer to Tigard's code,then there will not be"one set of codes"for the project area and Tualatin will have to implement other sections of Tigard's code. However, if Tigard adopts this new code section with references to the Tualatin Code there may be a delegation of authority issue. Another option would be to include the actual text from Tualatin's code in 18.640 for all referenced sections for adoption by Tigard. However,this could make 18.640 a rather long code section. This issue should be reviewed with the City of Tigard's attorney. Additionally,for some things, such as Goal 5 resources, Tualatin's maps probably do not include the area within the City of Tigard,therefore, some reference to Tigard maps and standards may be necessary. • Memorandum-continnd • • Page 3 Proposed Tigard Comprehensive Plan Amendments For the Durham Quarry Mixed Use Development Tigard Comprehensive Plan,Findings Policies&Implementation Strategies, Volume II 1. GENERAL POLICIES - IMPLEMENTATION STRATEGIES 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply the land use categories in the following manner: Strategies a.through i.—no change j. [new] Mixed Use Commercial—Areas with a development concept that is characterized by a mix of retail,office, service commercial and residential uses. The applicable zoning districts are all mixed use commercial(MUC-1). Re-letter strategies j.through m. 2. CITIZEN INVOLVEMENT—no change. 3. NATURAL FEATURES AND OPEN SPACE—no change. 3.3 NATURAL RESOURCES Findings: Finding 1 —no change • Finding 2—[delete] "-= - • - - . - -- . - _: _ - -: • - 4. AIR, WATER AND LAND RESOURCES QUALITY—no change. 5. ECONOMY POLICIES 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT,AND ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS. (THE DENSITY OF RESIDENTIAL DEVELOPMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE R-40 DISTRICTS.)AND; • • Memorandum-continued d • Page 4 EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI-FAMILY DEVELOPMENT SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT R-40 DENSITIES-; AND WITHIN THE MUC-1 DISTRICT,WHERE RESIDENTIAL USES SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25 UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE. RESIDENTIAL USES WHICH ARE DEVELOPED ABOVE NON-RESIDENTIAL USES AS PART OF A MIXED USE DEVELOPMENT SHALL NOT BE SUBJECT TO THESE DENSITIES. 6. HOUSING 6.6 ALL AREAS POLICY 6.6.1 THE CITY SHALL REQUIRE: a. EXCEPT WITHIN MIXED USE ZONES,BUFFERING BETWEEN DIFFERENT TYPES OF LAND USES (FOR EXAMPLE BETWEEN SINGLE FAMILY AND MULTIPLE FAMILY RESIDENTIAL,AND RESIDENTIAL AND COMMERCIAL USES,AND RESIDENTIAL AN INDUSTRIAL USES)AND THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE TYPE AND EXTENT OF THE REQUIRED BUFFER: I. THE PURPOSE OF THE BUFFER, FOR EXAMPLE TO DECREASE NOISE LEVELS,ABSORB AIR POLLUTION, FILTER DUST OR TO PROVIDE A VISUAL BARRIER; 2. THE SIZE OF THE BUFFER NEEDED IN TERMS OF WIDTH AND HEIGHT TO ACHIEVE THE PURPOSE; 3. THE DIRECTION(S)FROM WHICH BUFFERING IS.NEEDED; 4. THE REQUIRED DENSITY OF THE BUFFERING; and 5. WHETHER THE IS STATIONARY OR MOBILE. b. no change. 7. PUBLIC FACILITIES AND SERVICES—no change. 8. TRANSPORTATION—no change. 9. ENERGY—no change.. 10. URBANIZATION—no change. • • Memorandum-conti•d • Page S 11. SPECIAL AREAS OF CONCERN—no change. 12. LOCATIONAL CRITERIA 12.2 COMMERCIAL 12.2.1 THE CITY SHALL: a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE,ITS SIZE AND REQUIRED TRADE AREA. b. APPLY ALL APPLICABLE PLAN POLICIES. c. APPLY THE APPROPRIATE LOCATIONAL CRITERIA TO THE SCALE OF THE PROJECT. 1.—4.—no change. 5. INewl Mixed Use Commercial The mixed use commercial Plan designation is intended to provide locations for development which allows a mix of uses,including retail,services,office and residential. The mixed use commercial designation should encourage developments that allows people to work,shop and live in a compact,pedestrian-oriented community. The mix of uses may occur either vertically(i.e., uses vary by building floor) or horizontally(i.e.,adjacent uses vary within a proposed development). A. Scale (1) Trade Area. Varies. (2) Site Size. Varies. (3) Gross Leasable Area. Varies. B. Locational Criteria (1) Spacing and Location (a) The Comprehensive Plan map fixes exact boundaries of the mixed use commercial areas. (b) The mixed use commercial area is not surrounded by residential districts on more than two sides. 12) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity,existing and projected traffic volumes,the speed limit,number of turning movements and the traffic generating characteristics of the various types of uses. Ash • Memorandum-conned • Page 6 (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (3) Impact Assessment (a) The scale of the project shall be compatible with the surrounding uses. fb)_ The site configuration and characteristics shall be such that the privacy of adjacent uses which are not part of the mixed use development area can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights,noise and activities shall not interfere with adjoining uses which are not part of the mixed use development area. • Memorandum-contin d • • Page 7 Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A. Provide range of commercial services for City residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the City so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use, including residential, commercial and institutional activities, in new and re-developing commercial areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 18.520.020 List of Zoning Districts A. C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at least one-half mile, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and collector street. Housing is permitted on or above the second floor of commercial structures at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R- 12 zone. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions, and transit-related park-and-ride lots, are permitted conditionally. In addition to mandatory site development review, design and development standards in the C-C zone have been • • Memorandum-contiri d • Page 22 1. Minimum lot area:None. 2. Minimum building setbacks: None. 3. Except as determined in the Architectural Review process, maximum building setbacks are: a. Commercial: 10 feet front and streetside; 0 interior side and rear, except when the side and rear abut a residential district it is 20 feet. b. Residential: 20 feet front; 0 rear and interior side, except when the side and rear abut a residential district it is 20 feet; 20 feet streetside. • 4. Minimum building height: Except for theaters and cinemas which can be one story,20 feet. 5. Maximum building height: 70 feet. 6. Density requirements.For determining floor area ratio(FAR)and residential densities, TDC 57.060 shall be used to establish the lot area. a. The minimum FAR for non-residential development and mixed-use development which includes a residential component is 0.50. In mixed-use developments, residential floor area is included in the calculations of FAR. b. The minimum density for residential-only projects is 25 dwelling units per net acre. There is no FAR for residential-only projects. c. The maximum density for residential-only projects is 50 dwelling units per net acre. 18.640.060 Determining Net Acres(((!,igarc', c !!?..71f.',1,2 ))) Net acres shall be determined by subtracting the following land areas from the gross acres(all of the land included in the legal description of the property to be developed): A. The following sensitive land areas: 1. Land within the 100-year floodplain; 2. Land exceeding 25% slope; 3. Drainage ways; and 4. Wetlands. C. Land dedicated to the public for park purposes; D. Land dedicated to the public for rights-of-way. When actual information is not available,the following formulas may be used: 1. Single-family development: allocate 20%of gross acres; 2. Multi-family development including but not limited to apartments, condominiums and townhouses : allocate 15%of gross acres; and E. Land proposed for private streets. 18.640.070 Not used 18.640.080 Not used • 18.640.090 Not used 18.640.100 Access Except as provided below, no lot shall be created without provision for access to the public right-of-way in accordance with TD, 03C 47 47 and TPDC=Chapter75;. Such access may be provided by lot frontage on a public street or by creating uninterrupted vehicle and pedestrian access between the subject lot and the public street. Lots and tracts created to preserve wetlands, greenways,Natural Areas and Stormwater Quality Control Facilities identified by ffDC Cliapters:71,72 Figure 334 of the Parks.and:Recreation Master Plan and the Surface Water Management Ordinance, TMC Chapter,3-5, as amended, respectively, • Memorandum-contin�d • • Page 23 • or for the purpose of preserving park lands in accordance with the Parks;;andecreation'Master:Platt, may not be required to abut a public street. 18.640.200 Design Standards. A. Purpose and Applicability. 1. Design Principles. Design standards for public street improvements for the Mixed L'sc Commercial Overlay.Di:t,ict(MUCC))Durham Quarry site address several important guiding principles, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system and utilizing streetscape to create a high quality image for the area. 2. Development Conformance.New development, including remodeling and renovation projects resulting in non-single family residential uses,are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects within and surrounding the MUCOD. Whatabout S,F%Attached?) 3. Conflicting Standards. In addition to the design standards of' 13.640 TDC Chapter 57 (ML'COD) rcquircmcnt:,,the requirements in TDC Chapter:: 51 18.520 (General Commercial Zoning Districts), 3(Co nmunitt.Design.Standards),andother aPPICCatifelieri apply. If the provisions of TDCfChapters 54,x;57,73 and other applicable Chapters conflict or are different, they shall be resolved through the Architectural Review proses The resolution process shall consider giving deference to the TDC. Chapter 57 requirements of 18.640 because: �1 a. the Durham Quarry Site is in both the Cities of Tualatin and Tigard and the cities agree the same, or nearly the same, requirements should apply, b.the Chapter 57 require:aeiats, which are imodeled after the City of Tigard's Mixed Use Commercial Zone, include seine rcEtbiiirei icRt.that are net addresses!, or are not addreased in aJ much detail. in TDCL'haptcrs 51 and 73. and e-h. Pursuant to an intergovernmental agreement between the cities of Tualatin and Tigard and Washington County.the City of Tualatin shall furnish all planning. building and associated development review/permit services for this site.the City of Tualctin included the City of Tigard requirement: ;.n TDC Chapter 57 with the is teat.that the requirement; in the City of Tualatin v.ti::!c'. "e. cc:-.:;;;:tent with the .equi era s:t:: .,, the City of Tigard. • B. Site Design Standards. Development shall meet the following site design standards. 1. Building placement on Major and Minor Arterials. Buildings shall occupy a minimum of 50%of Major and Minor Arterial street frontages.Buildings shall be located at public street intersections on Major and Minor Arterials. 2._ Building setbacks. See TDC 57.050(2). 18.640.050(B). 3. Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard- surfaced expansion of the sidewalk(((pew))) shall be provided between a structure and a public street or accessway.If a building abuts more than one street,the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are required. These areas shall contribute to the minimum landscaping requirements. (((per-Sec. 18.520.010B and Table 18.520.2))) 4. Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. The walkway shall be at least 6 feet wide • • Memorandum-contin d • • Page 24 and paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are required. These areas shall contribute to the minimum landscaping requirements. (((per Sec:`1 8.520.040B and Table~18 520:2))) 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way shall be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified where this requirement applies. If located on the side, parking is limited to 50%of the street frontage and must be behind a landscaped area constructed to an L-1 Landscape Standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback,whichever is greater. Interior side and rear yards shall be landscaped to a L-2 Landscape Standard, except where a side yard abuts a public street,where if shall be landscaped to an L-1 Landscape Standard. C. Building Design Standards. 1. Non-residential buildings shall comply with the following: a. Ground floor windows. Street-facing elevations within the Building Setback(0-10 feet)along public streets shall include a minimum of 50%of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50%of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. b. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: - (i) a variation in building materials, (ii) a building off-set of at least 1 foot, (iii)a wall area that is entirely separated from other wall areas by a projection, such as an arcade, or (iv)by other design features that reflect the building's structural system. (v) No building façade shall extend for more than 300 feet without a pedestrian connection between or through the building. c. Weather protection. Weather protection for pedestrians, such as awnings, canopies and arcades, shall be provided at building entrances. Weather protection is encourage along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. (((. . .. ..• - - - •-- • •))) d. Building Materials. Plain concrete block,plain concrete,corrugated metal, plywood, sheet press board or vinyl siding shall not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. e. Roofs and Roof Lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. f. Roof-mounted Equipment.Roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized. (((Selaf -_ .. _ - . . - .. •))) • Memorandum-contin, • • Page 25 3. Residential-only and Mixed-Use Buildings where at least 50.1%of the gross floor area of the building(((the-}rem)))is residential shall comply with 1TDC:51:390;,Design Compatibility Standards. ((( --• :;':' D. Landscaping and Screening. 1. Applicable Levels. Two levels of landscaping and screening standards are applicable. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in TDC Chapter 57. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. a. L-1 Low Screen. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of:.TDC 57.400((( c _ -"-. . _ __ •-,)))shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials. Where the setback is a minimum of 5 feet between the parking lot and a major or minor arterial,trees shall be planted at 3 '/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a 90%opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. (((• - - . =- • - _•• • . - - • • _ - - •))) b. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards ofTDC_�57:400 _ _,)))shall apply. In addition,trees shall be provided at a minimum 2 '' inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years.•(((• ' . . - _t - • - _ - - •))) 18.640.300 Design Compatibility Standards A. Front facades. All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street,not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. B. Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. C. Unit definition. Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation,or by providing a roof gable or porch that faces the street. Ground- level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. D. Roof lines. Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. E. Trim detail. Trim shall be used to mark all building roof lines, porches, windows and doors that are on a primary structure's street-facing elevation(s). F. Mechanical equipment. Roof-mounted mechanical equipment,other than vents or ventilators, shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. • Memorandum-contin • Page 26 G. Parking. Parking and loading areas may not be located between the primary structure(s)and the street upon which the structure fronts. It there is no alley and motor vehicle access is from the street, parking must be provided: 1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a parking area at the side or rear of the site. H. Pedestrian circulation. 1. The on-site pedestrian circulation system shall be continuous and connect the ground-level entrances of primary structure(s)to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; d. Shared open space and play areas; e. Abutting transit stops; and f. Any pedestrian amenity such as plazas, resting areas and viewpoints. 2. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. 18.640.400 Landscaping and Screening A. General Provisions. 1. Obligation to maintain. Unless otherwise provided by the lease agreement,the owner,tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. 2. Pruning required.All plant growth in landscaped areas of developments shall be controlled by pruning,trimming or otherwise so that: a. It will not interfere with the maintenance or repair of any public utility; b. It will not restrict pedestrian or vehicular access; and c. It will not constitute a traffic hazard because of reduced visibility. 3. Installation requirements. The installation of all landscaping shall be as follows: a. All landscaping shall be installed according to accepted planting procedures; b. The plant materials shall be of high grade,and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z60, 1-1986, and any future revisions); and c. Landscaping shall be installed in accordance with the provisions of this title. 4. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. 5. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: a: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and b. The plants to be saved shall be noted on the landscape plans(e.g.,areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). 6. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. S • Memorandum-contin0d • Page 27 7. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. 8. Height restrictions abutting public rights-of-way.No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. B. Street Trees 1. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length shall plant street trees in accordance with the standards in TDC 57:400(2)(c' 2. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Planning Director. 3. Size and spacing of street trees. a. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Subsection 2 below; b. The specific spacing of street trees by size of tree shall be as follows: (i) Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; (ii) Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (iii)Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; (iv)Except for signalized intersections as provided in TDC 57400(2)(6)(((Tisar8.775.04 )),trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways(measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; (v) No new utility pole location shall be established closer than five feet to any existing street tree; (vi)Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; (vii) On-premises utilities(e.g.,water and gas meters) shall not be installed within existing tree well areas; (viii) Street trees shall not be planted closer than 20 feet to light standards; (ix)New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates,then they may be positioned no closer than 10 feet; (x) Where there are overhead power lines,the street tree species selected shall be of a type which, at full maturity,will not interfere with the lines; (xi)Trees shall not be planted within two feet from the face of the curb; and (xii) Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (a) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates,bricks on sand, paver blocks and cobblestones; and (b) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. 4. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. • • • Memorandum-continued •• Page 28 5. Cut and fill around existing trees. Existing trees may be used as street trees as determined in the Public Works Construction Permit process provided they are the required specie and no cutting or filling takes place within the drip-line of the tree. 6. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with trees approved by the Planning Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Planning Director. 7. Granting of adjustments. Does not apply. 8. Location of trees near signalized intersections.The Planning Director may allow trees closer to specified intersections which are signalized, provided the vision clearance area provisions are met. C. Buffering and Screening 1. General provisions. a. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; b. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(:Tables(3)(a)1 and(3)(a)2) (((fables-18.715A and 18.715.2))1. The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; c. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. 2. Buffering and screening requirements. a. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; b. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways,and landscaping. No buildings,accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; c' ;IA fence, hedge or wall,or any combination of such elements, which are located in any yard is subject to the conditions and requirements of TDC`5w7:400:((3)(b)(viii);and(2)(d) :0-013,7,15.0-1-0-g8 and 1"8/7'15:01011;))) d. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table'57.400(3)(417,(((Tab le18;715 1)))1 In addition, improvements shall meet the following specifications: (i) At least one row of trees shall be planted. They shall have a minimum caliper of two inches . at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (a.) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (b.)Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; • • • Memorandum-continued • Page 29 (c.)Large trees,over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. (ii) In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; (iii)The remaining area shall be planted in lawn or other living ground cover. e. Where screening is required the following standards shall apply in addition to those required for buffering: (i) A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four- foot continuous screen of the height specified in Table.57.400(3)(a);=2'((( le 1'877-1-572))5 within two years of planting;or (ii) An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table,5t7.400 3°( 2 Table'4:7213.2))1 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or (iii)A fence or wall of the height specified in Table 57 400(3)(x)27(((Table'18.7 l5T2)))shall be constructed to provide a continuous sight obscuring screen. f. Buffering and screening provisions shall be superseded by the vision clearance requirements 7- )))2 g. When the use to be screened is downhill from the adjoining zone or use,the prescribed heights of required fences,walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case,fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; h. Fences and walls (i) Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Planning Director; (ii) Such fence or wall construction shall be in compliance with other City regulations; (iii)Walls shall be a minimum of six inches thick; and (iv)Chain link fences with slats shall qualify for screening. However,chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. i. Hedges (iAn evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in 1rpg 7:400(2)(c)(ii)(A and B);((( .e : : 1 - ,))), (ii) Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge,other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and (iipiNo hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area((( e r18 795:))} 3. Setbacks for fences or walls. a. No fence or wall shall be constructed which exceeds the standards in 57:400(3)(c)0i)lief w (((Section 18.715.010 C2)))except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; b. Fences or walls: • • Memorandum-continued • • Page 30 (i) May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795, (ii) Are permitted up to six feet in height in front yards adjacent to any designated arterial, major collector or minor collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. c. All fences or walls shall meet vision clearance area requirements;(((in:Seotion 18.795;5)1 d. All fences or walls greater than six feet in height shall be subject to building permit approval. 4. Height restrictions. a. The prescribed heights of required fences,walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking,loading, storage or similar areas are located above finished grade,the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; b. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. 5. Screening: special provisions. a. Screening and landscaping of parking and loading areas: (i) Screening of parking and loading areas is required. The specifications for this screening are as follows: (a) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms,decorative walls and raised planters; (b) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (c) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (d) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (e) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. c. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; d. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tualatin___......_ ar ))Building Code; (((mod))) g e. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. 6. Buffer Matrix. • • • Memorandum-continued • Page 31 a. The Buffer Matrices contained in Tables 57.400(3)(a) 1 and'2.(((Tablos 18.715.1 and :18.715:2)))shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; b. An application for a variance to the standards required in Tables-57.400(3)(a.)l and-2 (((Tables 18.715.1 and 18.715.2)))shall b_a processed in accordance with TDC;Chapter33 D. Re-vegetation 1. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. 2. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and a. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and b. After completion of such grading,the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. 3. Methods of re-vegetation. a. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: (i) Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; (ii) Other re-vegetation methods offering equivalent protection may be approved by the approval authority; (iii)Plant materials are to be watered at intervals sufficient to ensure survival and growth; and (iv)The use of native plant materials is encouraged to reduce irrigation and maintenance demands. 18.640.500 Off-Street Parking and Loading. See-TOD Chapter73. 18.640.600 Environmental Standards.See TD C-Chapter 63 18.640.700 Floodplain District.See TDC Chapter 70. 18.640.800 Wetlands Protection District. See TDC.Chapter 711. 18.640.900 Greenway and Riverbank Protection District.See TDC Chapter'72, 18.640.950 Community Design Standards.See TDCTChapter 73? • • • Memorandum-continued • • Page 9 not limited to major event entertainment and motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter, development within this zone is subject to the standards of 18.640. 18.530.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 4. A prohibited(N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.520.1. C. Accessory structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit. 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. 10 • • Memorandum-continued • Page 10 TABLE 18.520.1 . USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N' C-05 C-G C-P CBD MUE20 MUC-1 RESIDENTIAL Household Living N R6 " R13 R" R21 P Group Living N N C N P N N Transitional Housing N N C N C N C Home Occupation R2 R2 R2 R2 R2 R2 P CIVIC(INSTITUTIONAL) Basic Utilities C N N C C CC Colleges N N N N N C C Community Recreation NP N N P C C Cultural Institutions P P P P P P Day Care P P P P P P P Emergency Services P P P P P P P Medical Centers C N C C C CC Postal Service P P P P P P P Public Support Facilities P P P P P P P Religious Institutions C C P C P P P Schools N N N N N C C Social/Fraternal Clubs/Lodges C C P P P P P COMMERCIAL Commercial Lodging N N P R14 P P P • Eating and Drinking Establishments C P P R15 P P P Entertainment-Oriented - Major Event Entertainment N N C SL C NC - Outdoor Entertainment N N P R15 P N N - Indoor Entertainment P P P P P P P - Adult Entertainment N N C N C NN General Retail - Sales-Oriented P P7 P R16 P R22 - Personal Services 3."— P P P P P R22 P - Repair-Oriented - P P P N P R22 R25 - Bulk Sales N N P NN R22 R25 - Outdoor Sales N N P N N N - IN - Animal-Related N N N N N P P Motor Vehicle Related - Motor Vehicle Sales/Rental/ N N P/C12 N C NN - Motor Vehicle Servicing/Repair4- N C8 P/C'2 js.- R'8 R22 R25 - Vehicle Fuel Sales C C C N C NC Office P R9 P P P P P Self-Service Storage N N C N N N N Non-Accessory Parking C C P P P P P - -L& VD(0-&-13 Al. , 0 • • Memorandum-continued • Page 11 TABLE 18.520.1 (CON'T) USE CATEGORY C-N C-C C-G C-P CBD MIJE fw1uC- I INDUSTRIAL Industrial Services N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23. N - General Industrial N N N N N N N - Heavy Industrial N N N N N N N Railroad Yards N N N N N N N Research and Development N N N N N R24 Warehouse/Freight Movement a-) N N .N_ N N R24 R24 Waste-Related �� N N N N N N N • Wholesale Sales N N N N C N N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N i Heliports N N C C C N `N Mining N N `W N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 Rail Lines/Utility Corridors P P P P P P P Other C4 C10 NA NA C'9 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5A11 permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right,as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 8Limited to motor vehicle cleaning only. , 9When combined in single structure,each separate establishment shall not exceed 5,000 gross square feet. • Memorandum-continued • • Page 12 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. "A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi- family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As 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. 16May not exceed 10%of the total square footage within an office complex. ' "Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 20All permitted and conditional uses subject to special development standards contained in 18.520.050C. 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single-family dwellings are permitted outright. 22Retail and sales uses may not exceed 60,000 gross leasable area per building within the Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted. 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted 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. 25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. ' • Memorandum-contin• • • Page 13 . 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.310 and 18.320; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES MUE CBD Residential R-25 0 [STANDARD _ _, C-N C-C141 C-G C-P CBD R-40 R-12 C-G MF DU* MU"! Minimum Lot Size 5,000 sq ft 5,000 sq ft None 6,000 sq ft None None None None - None -Detached unit - - - - - - - - 1,480 sq ft S -Boarding,lodging,rooming house - - - - - - - - 6,100 sq ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None Minimum Setbacks n -Front yard 20 ft 0/20 ft[5] 0 ft[6] 0 ft[6] 0/30 ft[7] 20 ft 20 ft 0 ft[6] ' 20 ft ,o—ft -Side facing street on corner& 20 ft - - - 0/30 ft[7] 20 ft 20 ft - 20 ft u through lots[1] -Side yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 10 ft[9] 10 ft[9] 0/20 ft[3] 10 ft a -Side or rear yard abutting more - - - - - - - - 30 ft 5, restrictive zoning district -Rear yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 20 ft[9] 20 ft[9] 0/20 ft[3] 20 ft 5 -Distance between front of garage& - - - - - 20 ft 20 ft - 20 ft 2 property line abutting a public or private street. Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft[8] 60 ft 60 ft 45 ft 45 ft 17011 Maximum Site Coverage[2] 85% 80% 85% 85% 85% 80% 80% 85% 80%[11] Minimum Landscape Requirement 15% 20% 15% 15% 15% 20% 20%[10] 15% 20% 0 [1] The provisions of Chapter 18.795 (Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. FA [3] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [4] See Section 18.520.050B for site and building design standards. [5] No front yard setback shall be required,except a 20 foot front yard setback shall apply within 50 feet of a residential district. [6] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745 and 18.795 must be met. [7] There are no setback requirements,except 30 feet where.a commercial use within a district abuts a residential zoning district. [8] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. • Memorandum-continued • • • Page 14 [9] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [10] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall be met for existing and new development. [11] Lot coverage includes all buildings and impervious surfaces. *Mull ple-family dwelling unit C-N-Neighborhood Commercial District C-C-Community Commercial District C-G-General Commercial District C-P-Professional/Administrative Office Commercial CBD-Central Business District 18.520.050 Special Limitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Section 3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment; and 4. Uses operating before 7:00 AM and after 10:00 PM shall be subject to the conditional use provisions, as governed in Chapter 18.330. B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities,and as allowed in Sections 3 and 4 below; 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail,where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than 5% of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet • Memorandum-continu• • Page 15 of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject to conditional use provisions, as governed by Section 18.330. C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient lodging, shall not be subject to this requirement; 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. D. In the MUC-1 zone. In addition to the standards of this Chapter, development in the MUC-1 zone is subject to Chapter 18.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin and Washington County dated 18.520.60 Additional Development and Design Guidelines A. Development/design guidelines in the C-C zone. 1. The following design guidelines are strongly encouraged for developments within the C-C district. Conditions of approval of the development plan may include,but are not limited to, any of the site and building design guidelines deemed appropriate to be mandatory. a. Building design guidelines: (1) The design of buildings within a community commercial development should incorporate elements such as special architectural details, distinctive color schemes, special art and other features, which are sensitive to and enhance the surrounding area and serve to distinguish the complex from other retail complexes in the city; (2) All buildings within a multi-building complex should achieve a unity of design through the use of similar architectural elements, such as roof form, exterior building materials, colors and window pattern; (3) Individual buildings should incorporate similar design elements, such as surface materials, color, roof treatment, windows and doors, on all sides of the building to achieve a unity of design. The sides of a building which face toward a public street should include public entrances to the building and windows to provide visual access to the activity within the building. The sides of a building which face toward an adjoining property, but not toward a public street, should include elements such as windows, doors, color, texture, landscaping or wall treatment to provide visual interest and prevent the development of a long continuous blank wall. • • • Memorandum-continued • Page 16 b. General site design guidelines: Loading areas should not be located on the side of a building which faces toward a residential use. Loading areas, if located between the building and the street, should be oriented away from the street and should be screened to minimize views of the loading area from the street and sidewalk. • 2. Design standards: The following mandatory design standards apply within the community commercial district: a. Internal Walkways. (1) Walkways, eight feet minimum width, shall be provided from the public sidewalk or right-of-way to the building(s). At a minimum, walkways shall be located to connect focus points of pedestrian activity such as transit stops and street crossings to the major building entry points; (2) Walkways, five feet minimum width, shall be provided to connect with walkways or potential walkway locations on adjoining properties to create an integrated internal walkway system along the desired lines of pedestrian travel. The width of the walkway should be commensurate with the anticipated level of pedestrian activity along the connecting walkway. (a) Walkways shall be provided along the full length of the building on any side which provides building access to the public or where public parking is available, to provide safe and comfortable pedestrian access to the building; (b) On the sides of the building which provide public access into the building, the walkway should be wide enough to allow for sidewalk seating areas as well as pedestrian travel. Weather protection of the walkway should be provided at a minimum at the entrance area and, if appropriate, along the entire walkway. (3) Walkway surfaces for walkways crossing parking areas shall be designed to be visually distinguishable from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort. b. Other site development standards: (1) All lighting fixtures shall incorporate cut-off shields to prevent the spillover of light to adjoining properties; (2) Mechanical equipment, if located on the building, shall be located within the roof form of the building or enclosed within a screening structure, the design of which is consistent with the design of the building; (3) Mechanical equipment, not located on the building, shall be screened from views from the public street, sidewalk and properties outside the district with a durable, solid wall or fence,or an evergreen hedge or a combination of the above; . • • • Memorandum-continued • Page 17 (4) All refuse and recycling containers within the district shall be contained within structures enclosed on all four sides and which are at least as high as the tallest container within the structure; (5) Bicycle racks shall be provided on site. Facilities for a minimum of ten bicycles shall be provided for developments having 100 or fewer parking stalls, notwithstanding Section 18.765.050. For each 100 additional stalls, facilities for five additional bicycles shall be provided. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways. It is strongly encouraged that bicycle parking areas be covered; (6) The site development plan shall incorporate a special feature at the corner of the site. A special corner feature can be a landscape feature, seasonal color planting area, sculpture or water feature. The feature shall provide a visual landmark and some amount of seating area; (7) Parking areas shall be designed to minimize conflicts between pedestrian and vehicular movements. Parking area landscaping shall be used to define and separate parking, access and pedestrian areas within parking lots; (8) The landscape design for the site shall include plantings which emphasize the major points of pedestrian and vehicular access to and within the site; (9) Site features such as fences, walls, refuse and recycling facility enclosures, and light fixtures shall be designed to be consistent with the scale and architectural design of the primary structure(s). Such site features shall be designed and located to contribute to the pedestrian environment of the site development; (10) In multiple building complexes, buildings shall be located to facilitate safe and comfortable pedestrian movement between buildings. On sites which are adjacent to other properties within the community commercial district, building location shall be chosen to facilitate pedestrian and vehicular connections to buildings on those adjacent properties. Consideration should be given to locating buildings closer to the public street with entrances to the buildings from the public sidewalk, with no intervening parking or driving area. Corner locations are particularly appropriate for this treatment; (11) Opportunities shall be found for safe, convenient, and pleasant pedestrian connections to existing or proposed transit facilities. Where needed, shelters and layover areas for transit vehicles shall be incorporated into the site development. c. Sign design standards: All signage shall be an integral part of the architectural design. B. Interim requirements in the CBD zone. 1. In the absence of an adopted design plan, the following issues, under Subsection B.1.c. must be addressed for new developments as necessary to serve the use and provide for projected public facility needs of the area, pursuant to Chapter 18.810 as determined by the Director. • • • Memorandum-continued • Page 18 a. The City may attach conditions to any development within an action area prior to adoption of the design plan to achieve the following objectives: (1) The development shall address transit usage by residents,employees and customers if the site is within 1/4 mile of a public transit line or transit stop. Specific items to be addressed are as follows: (a) Orientation of buildings and facilities toward transit services to provide for direct pedestrian access into the building(s)from transit lines or stops; (b) Minimizing transit/auto conflicts by providing direct pedestrian access into the buildings with limited crossings in automobile circulation/parking areas. If pedestrian access crosses automobile circulation/parking areas, paths shall be marked for pedestrians; (c) Encouraging transit-supportive users by limiting automobile support services to collector and arterial streets;and (d) Avoiding the creation of small scattered parking areas by allowing adjacent developments to use shared surface parking, parking structures, or under-structure parking; (2) The development shall facilitate pedestrian/bicycle circulation if the site is located on a street with designated bike paths or adjacent to a designated greenway/open space/park. Specific items to be addressed are as follows: (a) Provision of efficient, convenient and continuous pedestrian and bicycle transit circulation systems, linking developments by requiring dedication and construction of pedestrian and bike paths identified in the comprehensive plan. If direct connections cannot be made, require that funds in the amount of the construction cost be deposited into an account for the purpose of constructing paths; (b) Separation of auto and truck circulation activities from pedestrian areas; (c) Encouraging pedestrian-oriented design by requiring pedestrian walkways and street level windows along all sides with public access into the building; (d) Provision of bicycle parking as required under Subsection 18.765.050; and (e) Ensure adequate outdoor lighting by lighting pedestrian walkways and auto circulation areas. (3) Coordination of development within the action area. Specific items to be addressed are as follows: (a) Continuity and/or compatibility of landscaping, circulation, access, public facilities and other improvements. Allow required landscaping areas to be grouped together. Regulate shared access where appropriate. Prohibit lighting which shines on adjacent property; • • • Memorandum-continued • Page 19 (b) Siting and orientation of land use which considers surrounding land use, or an adopted plan. Screen loading areas and refuse dumpsters from view. Screen commercial and industrial use from single-family and residential through landscaping; and (c) Provision of frontage roads or shared access where feasible. 2. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P Industrial uses after the nonconforming use limit of six months: Map 2S 1 2AA tax lot 4700, Map 2S 1 2AC tax lot 100 and 202, Map 2S 1 2AD tax lot 1203, Map 2S 1 2DB tax lot 100, and Map 2S 1 2DA tax lot 300. • • Memorandum-contin• • • Page 20 [new section—the changes shown are from the Tualatin Mixed Use Commercial Overlay.-- References and other issues are highlighted in yellow.} CHAPTER 18.640 DURHAM QUARRY DESIGN STANDARDS • Sections: 18.640.010 Purpose 18.640.020 Permitted Uses 18.640.030 Conditional Uses 18.640.040 Applicability 18.640.050 Development Standards 18.640.060 Determining Net Acres 18.640.070 Not Used 18.640.080 Not Used 18.640.090 Not Used 18.640.100 Access 18.640.200 Design Standards 18.640.300 Design Compatibility Standards 18.640.400 Landscaping and Screening 18.640.500 Off-Street Parking and Loading 18.640.600 Environmental Standards 18.640.700 Floodplain District 18.640.800 Wetlands Protection District 18.640.900 Greenway and Riverbank Protection District 18.640.950 Community Design Standards 18.640.010 Purpose. The purpose of this district is to recognize and accommodate the changing commercial/residential marketplace by allowing commercial and residential mixed uses in the approximately 7 acre portion of the Durham Quarry site that are within the City of Ticard area west of 15 Exit 290 in the General Mixed Use Commercial( MUC-I)Planning Districtr.provided however the initial application of the District in the City of Tualatin is only to the northwest corner of SW Bridgeport Road and SW 72nd Avenue, the approximately 21 acre Durham Quarry site (25! 13 DB, 11 00)and the le: than approximately one acre Oregon Department cf Transpertation ownership in Let 32 of Tualatin Valley Homes Subdivision at the, immediate northwest corner of SW Hridg ort Road and SW 72nd Avenue. Retail,office, business services and personal services are emphasized,but residential uses are also allowed. A second purpose is to recognize that when developed under certain regulations commercial and residential uses may be compatible in the Genera! Mixed Use Commercial District. The Mixed Uce Cemrnercial Overlay District allows flexibility in the uses Net,htcd for ;..,;tort: _ in the ahove geographic area that are in the CG District. 18.640.020 Permitted Uses A. Residential. • 1.Household hip ing. ''.Home occupation. • Memorandum-contin• • • Page 21 3.SiNgle .its; attacked, a+c' i -E3 t .ly including bet not limited to tneestmente, condominiums and townhouses. B.Commercial. 1. Commercial lodging. 2. Eating and drinking establishments. 3.Indoor entectanuner}t, i•nchdiNg but act limited to cif,emns and theaters. 1. General retail: o.Sales oriented. b.Pcrsonal services. c.Repair oriented. provided it is no large,than 60,000 sgloare feet of green floor area per building or business. d.Bulk sales, provided it is no larger than 60,000 sgnarc !'ect of gross Floor area per building or business. 5. Offices. 6. Non accessory parking. Permitted uses arc those uses permitted outright or with restrictions within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.030 Conditional Uses A.Transitional housing. B.Major event entertainment. �A. doter vehicle retail fuel :,ales. Conditional uses are those uses allowed conditionally within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.040 Applicability A.Thc general area eligible for the MUCOD to be applied is vest of 1 5 Exit 290 and west SW Lower Boonce Ferry Road/SW 72'-'4 A.v.....:c and north of S-W Lev, Bococs Ferry Road in the General Commercial (CG) Planning District. I4,A_These design standards are MUCOD is applied in the City of Tualatin Tigard to the Durham Quarry Site. This site includes the following properties [site tax.ID numbers]. E-B. Conflicting standards. Thefollowing design standards apply to all development located within the Durham Quarry within the MUC-1 zone. If a standard found in this section conflicts with another section in the Development Code, standards in this section shall govern. In the future the MUCOD can be applied to the Durham Qom'A.rt .t aglt the Pkar Text Ainettdinent y eeeoo wherein TDC • Chapters, as appropriate,would be cnended. -144C. When the MUCOD . pp!i to land in the Geecre! D trict t seolttirements of TDC Chapter. 51 (General Commercial 'District), (MUCOD) and 73 (Ce_xmuaity Design .taJ arde> shall apply. Other TDC anp-ters, if appropriate, shall eIse spply. 18.640.050 Development Standards A. Development shall comply with applicable development standards, except where variances and minor variances are granted in accordance with TDC Chapter 331 B. Development standards: • • • Memorandum-continued • Page 11 TABLE 18.520.1 (CON'T) USE CATEGORY C-N C-C C-G C-P CBD MUE INDUSTRIAL Industrial Services N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N - General Industrial N N N N N N N - Heavy Industrial N N N N N N N Railroad Yards N N N N N N N Research and Development N N N N N R24 R24 Warehouse/Freight Movement N N N N N R24 R24 Waste-Related N N N N N N N Wholesale Sales N N N N C N N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 Rail Lines/Utility Corridors P P P P P P P Other C4 C10 NA NA C'9 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5All permitted, limited and conditional uses must meet special development standards in I8.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 8Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. • 110 • Memorandum-continued • Page 8 adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian- friendly. C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non- conforming,residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. D. 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. E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations,are permitted conditionally. F. 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 intra-district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. G. MUC-1: Mixed Use Commercial— 1. The MUC-1 zoning district,which is designed to apply to that portion of the Durham Quarry site within the City of Tigard, is a mixed-use commercial district bounded by 72"d Avenue,Findlay Avenue and the Tigard/Tualatin city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin and Washington County. Pursuant to that agreement the City of Tualatin shall furnish all planning, building and associated development review/permit services for the property. This zoning district is intended mirror the City of Tualatin's Mixed Use Commercial Overlay District (TDC, Chapter 57). It permits a wide range of uses including commercial lodging, general retail, offices and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. Additional uses, including but • • A REQUEST FOR COMMENTS CITY F TIIGARD • Community Development Shaping A Better Community DATE`. March 23, 2001 C.9 o I C.44 /L T-EYr . Sonya-Kann, ODOT FR City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner • Phone: (503) 639-4171 / Fax: (503) 684-7297 • COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY < Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3:3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. Attached is a copy of the narrative submitted by the applications for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: April 6, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: 0.0.0.1 We have reviewed the proposal and have no objections to it. 123 N.W. FLANDERS Please contact of our office. PORTLAND, OR 972094037 _ Please refer to the enclosed letter. Written comments provided below: AS ibT�.o 0007 N4,S 1.53 O6,7-Ec77c�,Js ,vnfp N45 .5SE�,cJ /NiroLv,EO ilL) 7-.L . CxJ"._ /SSue.s 00.e 7234 AJNEJ Lv 772, 177 n v 477,E Ica-,aF« iHPAL c 61,1 77.E E /4_I r e.cfua J(, . w,Lc. 3E R400912 SS .41 A7-- 701E OEv .c_-eil, %.-3721.G. . Name of Persons)Commenting: &A I L c R.v7 s /�p, I. a u.t "au/A./eta, I Phone Number's): 563 . 7 3 9 2 o CPA 2001-0001 DURHAM QUARRY REQUEST FOR COMMENTS • . • • „ REQUEST FOR COMMENTS CIOFIGARD Community Development Shaping A Better Community DATE: March 23, 2001 Dil@ TO: Paulette Allen, Metro LIAR 2 2 200 FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY Q • Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax. lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. Attached is a copy of the narrative submitted by the applications for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: April 6, 2001. You may use the space provided below or attach a separate letter to return your comments. if you are unable to respond by the above data, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, co,tract the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: • Name of Persons)Commenting: 1 � ���� � -� ►► I Phone Humberto): '5 o 3 —7 9 CPA 2001-0001 DURHAM QUARRY REQUEST FOR COMMENTS • • —, 600 NORTHEAST GRAND AVENUE I PORTLAND, OREGON 97232 2736 . TEL 503 797 1700 FAX 503 797 1797 METRO March 30, 2001 Ms. Julia Powell Hajduk Associate Planner City of Tigard 13125 S.W. Hall Boulevard Tigard, OR 97223 Dear Ms. Hajuk: Re: Comprehensive Plan and Zoning Code Amendment for the Durham Quarry CPA 2001-0001/ZOA 2001-00001/ZON 2001-00001 Thank you for opportunity to comment on the Comprehensive Plan and Zoning Code for the area known as the Durham Quarry. This quarry is unusual as it falls within both Tualatin and Tigard. I understand that, through an IGA, Tualatin will be the planning agency for the entire area and that both cities would like to have a similar zone in place for the whole site. As you are aware, the Durham Quarry has been designated as Employment Area on the 2040 Growth Concept map. The portion of the quarry within Tualatin is zoned as Commercial General, a zone that is excepted from the requirements of Title 4 under section 3.07.420.B. The portion within Tigard is zoned as Light Industrial and this zone is not included in the exception. Tigard's Light Industrial zone currently prohibits large-scale retail uses. Metro Code 3.07.420.0 prohibits jurisdictions from allowing large-scale retail uses if such uses were prohibited in the particular zone by the effective date of Functional Plan — February 18, 1997. C. City or county comprehensive plan designations and zoning ordinances acknowledged by the effective date of this functional plan which do not allow retail uses larger than 60,000 square feet of gross leasable area per building or business in Employment Areas designated on the attached Employment and Industrial Areas Map shall continue to prohibit them unless an exception is established under section 3.07.430 of this title pursuant to the compliance procedures of Title 8. The proposed MUC-1 zoning for the Tigard portion of the Durham Quarry would allow large-scale retail uses. Recycled Paper www.metro-region.org T D D 7 9 7 1 8 0 4 • • Ms. Julia Powell Hajduk Associate Planner City of Tigard March 30, 2001 Page 2 On page 17 of the application presented to the City, the applicant incorrectly assumes that large scale retail uses would be allowed under Title 4 on this site if the use could meet the standards to transportation capacity outlined in Metro Code 3.07.430.B B. ... The standards for the land use decision to allow any such retail uses shall require (1) a demonstration in the record that transportation facilities adequate to serve the retail use, consistent with Metro's functional plans for transportation, will be in place at the time the retail use begins operation;_and- (2) a demonstration that transportation facilities adequate to meet the transportation need for the other planned uses in the Employment Areas are included in the applicable comprehensive plan provisions.... This provision would only apply if Tigard's Light Industrial zone allowed large-scale retail uses prior to the effective date of the Functional Plan. In order to permit large-scale retail uses in this area, the City would need to request that this site be removed from the Employment and Industrial Areas map. Please let me know if you require further information on this matter. I can be reached at 503-797-1736. Sincerely, Brenda Bernards Senior Regional Planner Planning Department BB/srb I:\gm\community_development\share\Durham Quarry.doc • . • CITY OF TUALATIN PO BOX 369 TUALATIN, OREGON 97062-0369 RECD APR 1.7 2001 (503) 692-2000 TDD 692-0574 April 16, 2001 Ms. Julia Hajduk City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 RE: Comprehensive Plan Amendment 2001-00001 Zone Ordinance Amendment 2001-00001 Zone Change 2001-00001 (Durham Quarry Area) FAX 503 684-7297 Dear Ms. Hajduk: Thank you for providing the opportunity to comment on these land use applications. The City of Tualatin Planning Department has reviewed the proposals and has no objections. We provide the following comments on the applicant's materials that were circulated to us. 1. The applicant's materials, p. 5, Table 1, "General Retail—Repair Oriented and Bulk Sales," states such uses are permitted in the MUC-1 District and it shows an "R" for restriction regarding 60,000 square feet. There is no indication what the 60,000 square foot restriction is exactly, but in Exhibit B, p. 7, footnote 25, it says, "..,per building or business." Also, the application, p. 17, "Response" at the top of the page, Lines 2 and 3 refer to the 60,000 square foot limitation as being "...per building or business." The City of Tualatin recommends the phrase"...per building or business..." be deleted as the City of Tualatin's Chapter 57 refers to the 60,000 square feet in terms of it being the footprint of the structure and therefore there would be no limit on the building size or business size. For example, as long as the footprint did not exceed 60,000 square feet, the building could be multiple stories and the business in the building could be on more than one floor and be more than 60,000 square feet. The language in Chapter 57 is "...the building footprint is no larger than 60,000 square feet of gross floor area...." (emphasis added) LOCATED AT: 18880 SW Martinazzi Avenue 40 • • J. Hajduk, Durham Quarry April 16, 2001 Page 2 2. The applicant's materials, Exhibit B, p. 2, G MUC-1: Mixed Use Commercial — 1. The second to last line (bold and underlined) proposes language including "...housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district." It appears the "25" should be "50" as 50 is the actual proposed maximum density. 3. The applicant's materials, Exhibit C, p. 3, 18.640.200, A, 3, Conflicting Standards, says in part: "...they shall be resolved in accordance with the terms of the I... G... A... between Tigard and Tualatin dated . The resolution process shall consider giving deference to the requirements of 18.640 because: a... and b....' Tualatin's 57.200(2) says, "...shall be resolved through the Architectural Review process. The criteria for resolving conflicts are: (a) deference should be given to using the TDC Chapter 57 requirement, and (b) use the standard that will yield the highest quality development." There is no reference to the IGA. We would recommend 18.640.200, A, 3, not refer to the IGA, and instead state, "The criteria for resolving conflicts are: (a) deference should be given to using 18.640, and (b) use the standard that will yield the highest quality development." If there is no reference to the IGA, then the IGA need not include the criteria for resolving conflicts, and if the criteria are in 57.200(2) and 18.640.200(3), then resolving conflicts would be properly kept within the Tualatin and Tigard development codes and the IGA (which is not a land use regulation) would not be a complicating factor. 4. The applicant's materials, Exhibit C, p. 5, 18.640.300, G, Parking, says in part: "It there is no alley...." The It should be If. This is an error in the Tualatin Chapter 57 that was carried over to the Tigard version. Again, thank you for the opportunity to comment. We appreciate working with the applicant and the City of Tigard to achieve an excellent development at the Durham Quarry site. Should you have questions, please contact me at jiacks©ci.tualatin.or.us or 503 691-3025. i_rely, / i i F cks, AICP tanning Director C: Angelo Eaton Associates File: Tigard Coordination 01-01 Durham Quarry Wdocs/Durham Quarry/Ltr Cmts 2 Tig PMA PTA 4-16-01 04/16/01 15:46 FAX 503 692 3512 CITY OF TUALATIN I J001 '`� • 1 J ," �' CITY OF TUALATIN PO BOX 369 TUALATIN, OREGON 97062-0369 J (503) 692-2000 TDD 692-0574 April 16, 2001 Ms. Julia Hajduk City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 RE: Comprehensive Plan Amendment 2001-00001 Zone Ordinance Amendment 2001-00001 Zone Change 2001-00001 (Durham Quarry Area) FAX 503 684-7297 Dear Ms. Hajduk: Thank you for providing the opportunity to comment on these land use applications. The City of Tualatin Planning Department has reviewed the proposals and has no objections, We provide the following comments on the applicant's materials that were circulated to us. 1. The applicant's materials, p. 5, Table 1, "General Retail—Repair Oriented and Bulk Sales," states such uses are permitted in the MUC-1 District and it shows an °R"for restriction regarding 60,000 square feet, There is no indication what the 60,000 square foot restriction is exactly, but in Exhibit B, p. 7, footnote 25, it says, "...per building or business.° Also, the application, p. 17, "Response" at the top of the page, Lines 2 and 3 refer to the 60,000 square foot limitation as being "...per building or business." The City of Tualatin recommends the phrase "...per building or business..." be deleted as the City of Tualatin's Chapter 57 refers to the 60,000 square feet in terms of it being the footprint of the structure and therefore there would be no limit on the building size or business size. For example, as long as the footprint did not exceed 60,000 square feet, the building could be multiple stories and the business in the building could be on more than one floor and be more than 60,000 square feet. The language in Chapter 57 is "...the building footprint is no larger than 60,000 square feet of gross floor area...." (emphasis added) LOCATED AT: 18880 SW Martinazzi Avenue 04/16/01 15:46 FAX 503 692 3512 CITY OF TUALATIN tj002 j • . J. Hajduk, Durham Quarry April 16, 2001 Page 2 2. The applicant's materials, Exhibit B, p. 2, G MUC-1: Mixed Use Commercial — 1. The second to last line (bold and underlined) proposes language including ".__housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district." It appears the "25" should be "50" as 50 is the actual proposed maximum density. 3. The applicant's materials, Exhibit C, p. 3, 18.640.200, A, 3, Conflicting Standards, says in part: "...they shall be resolved in accordance with the terms of the I... G... A... between Tigard and Tualatin dated . The resolution process shall consider giving deference to the requirements of 18.640 because: a... and b...." Tualatin's 57.200(2) says, "...shall be resolved through the Architectural Review process. The criteria for resolving conflicts are: (a) deference should be given to using the TDC Chapter 57 requirement, and (b) use the standard that will yield the highest quality development." There is no reference to the IGA. We would recommend 18.640.200, A, 3, not refer to the 1GA, and instead state, "The criteria for resolving conflicts are: (a) deference should be given to using 18.640, and (b) use the standard that will yield the highest quality development." If there is no reference to the IGA, then the IGA need not include the criteria for resolving conflicts, and if the criteria are in 57.200(2) and 18.640.200(3), then resolving conflicts would be properly kept within the Tualatin and Tigard development codes and the IGA(which is not a land use regulation) would not be a complicating factor. 4. The applicant's materials, Exhibit C, p. 5, 18.640.300, G, Parking, says in part: "It there is no alley...." The It should be If. This is an error in the Tualatin Chapter 57 that was carried over to the Tigard version. Again, thank you for the opportunity to comment. We appreciate working with the applicant and the City of Tigard to achieve an excellent development at the Durham Quarry site. Should you have questions, please contact me at iiacks @ci.tualatin.or.us or 503 691-3025_ rely, / cks, AICP lanning Director C: Angelo Eaton Associates File: Tigard Coordination 01-01 Durham Quarry Wdocs/Durham Quarry/Ltr Cmts 2 Tig PMA PTA 4-16-01 • 04/16/01 16:02 FAX 503 692 3512 CITY OF TUALATIN 0 001 Post-it'Fax Note ' 7671 Date.I g o 1 Iva9 6► To J o l L c . From j�0►... J G�.G/(1 co roes L y!Wyk c r4 co. Tu q, e► t,A Phone 1t /3 Q 4 Phone# /q 1 l 3 0 57.050 Tualatin Dever A! ! • Fax# C, Q(I... 1Z`.7 Fax# 6i 2. 351 (3) When the MUCOD is applied portion of toe toundary contiguous with to the Durham Quarry Site, or in the fu- the City of T igard,70 feet ture to the Durham Quarry Area, where (f) Maximum site cover- TDC Chapter 57 does not include a par- age:90°,6_ titular regulation or standard, the exist- (g) Minimum landscape ing regulation or standard from TDC coverage:10%. • Chapter 54, 73, or elsewhere in the TDC (h) Density requirements. shall.apply.Lora 1o62o0.n2,passed December 11,20011 For determining floor area ratio -(FAR) and residential densities, TDC 57.060 57.050 Development Standards. shall be used to establish the lot area. (1) Development shall comply with (i) The minimum applicable development standards, ex- FAR for non-residential development and i✓,�/ cept where variances and minor vari- mixed-use development which includes a antes are granted in accordance with residential component is 0.50. In mixed- TDC Chapter 33. use developments, residential floor area (2)Development standards: is included in the calculations of FAR. (a) Minimum lot area: (ii) The • - .•• / None. density for residential-only projects W (b)Minimum building set- dwelling units per net acre. There is no &S—S O backs:None. FAR for residential-only projects. (c) Except as determined (iii) The maximum d-. in the Architectural Review process, sity for residential-only projects .• 50 • rnaxinunn building setbacks are dwelling units per net acre. lord 1o62.0o, §14, (i) Commercial: 10 Pad December 11•2000-1 feet front and street side; 0 interior side and rear,except when the side and rear 57.060 Determining Net Acres. abut a residential district it is 20 feet Net acres shall be determined by sub- (ii) Residential: 20 tracting the following land areas from feet front; 0 rear and interior side, except the gross acres (all of the land included when the side and rear abut a residential in the legal description of the property district it is 20 feet;20 feet street side. to be developed): (d) Minimum structure (1)The following sensitive land areas: height Except for theaters and cinemas (a) Land within the 100-year which can be one story,20 feet floodplain; • (e) Maximum structure (b)Land exceeding 25% slope; height (c)Drainage ways;and (i) Any portion of (d) Wetlands. a structure within 100 feet of the Durham (2) Land dedicated to the public for Quarry Site Boundary, except that por- park purposes; lion of the Boundary contiguous with the (3) Land dedicated to the public .for City of Tigard,50 feet, rights-of-way. When actual information (ii) Any portion of is not available, the following formulas a structure greater than 100 feet from the Y be used: Durham Quarry Site Boundary and that (a) Single-family development al- locate 20% of gross acres; (Revised 1/10/01) 57-4 %�• x IIIregon Department of Land Conservation & Development 1P 800 NE Oregon St.#18 (m: � 'z B�' Portland,OR 97232 John A.Kitzhaber,M.D.,Governor (503)731-4065 FAX(503)731-4068 April 20, 2001 REC'D APR 2 3 2001 Ms. Julia Powell Hajduk Associate Planner City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: City of Tigard Proposed Plan Amendment, DLCD File No: 002-01 Dear Ms. Hajduk: Thank you for the opportunity to review and comment on the City of Tigard's proposed mixed use commercial zone for the city's portion of the Durham Quarry Site. I understand that this zone change from Industrial Park to MUC-1, Mixed Use Commercial, is being proposed to be consistent with Tualatin's recently adopted code language for that jurisdiction's portion of the site. The cooperation between the cities of Tigard and Tualatin and Washington County suggested by this application will undoubtedly go a long way to ensure that development on the combined twenty-nine acres will be beneficial and attractive to all jurisdictions. However, the code language proposed in this amendment, while allowing mixed use, does not include the certainty and direction necessary to ensure that there will be a residential component in future commercial and office development. We would recommend that the city consider additional code language that provides for regulatory measures and incentives to increase the likelihood of mixed-use development on this site. One of our main concerns is that the MUC-1 zoning district would allow retail uses greater than 60,000 square feet. Metro's Functional Plan Title 4 addresses restrictions of retail uses in Employment and Industrial Areas. It is my understanding that Metro has counseled the city that in order to permit large-scale retail uses in the area currently under consideration, the city would have to request that this site be removed from the Employment and Industrial Areas map. Large scale, single-use retail developments do not typically fit in well with residential uses due to their bulk and dependency on automobile traffic..;In:the:-interest of promoting a true mix-use development, DLCD would encourage the City of Tigard to include code language that limits the building footprint or square footage of retail-developments. Another approach would be,to limit the size Of single-use retail structures, although this may still result in large commercial buildings that are "bulky" and do not fit a more neighborhood, or pedestrian scale. In addition, the city. may also want to consider including code language that encourages or requires "vertical" mixed use (residential or office above the ground floor) as well as "horizontal" mixed use. • • D. City of Tigard 04/20/01 DLCD File No:002-01 As this site is developed, good access to this area and efficient circulation within it will be critical. Findings for this plan amendment state that the MUC-1 zone designation will not "significantly affect a transportation facility," and therefore do not address Section 660-12-060 of the Transportation Planning Rule (TPR). However, I would like to point out that section 660- 12-060(7) of this rule describes a "mixed use, pedestrian-friendly center or neighborhood," some 'elements of which are contained in Tigard's proposed plan and code language. As described in the TPR, a mixed-use center contains a "network of streets and, where appropriate, accessways and major driveways that make it attractive and highly convenient for people to walk between uses within the center or neighborhood, including streets and major driveways within the center with wide sidewalks and other features, including pedestrian-oriented street crossings, street trees, pedestrian-scale lighting and on street parking (660-12-060(7)(F))." To successfully implement Statewide Planning Goal 12, Transportation, land uses and the transportation system for this area must be integrated and designed to maximize efficiency and reduce reliance on the automobile. Please enter this letter into the record of proceedings. We would also appreciate a copy of any changes to the proposed amendment and a copy of the final decision. I hope that these comments prove useful to the City of Tigard, its staff, and officials. If you have any questions please contact me at 503 731-4065, extension 25. Sincerely, / M Darci E. A. Rudzinski, AICP 4 Portland Area Regional Representative cc: Brent Curtis, Washington County Planning Manager Gail Curtis, ODOT Region 1 Brenda Bernards, Senior Regional Planner, Metro Distribution: French, Hinman • • • REQUEST FOR COMMENTS OF CITY 4, TIGARD Community Development Shaping A Better Community DATE: March 23, 2001 TO: /1.l.i •hn Roy, Operations FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY Q Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. Attached is a copy of the narrative submitted by the applications for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: April 6. 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: �We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Name of Persontsl Commenting: ■ Phone Humberto): CPA 2001-0001 DURHAM QUARRY REQUEST FOR COMMENTS • • REQUEST FOR COMMENTS CITY OF TIGARD Community Development• Shaping A Better Community DATE: March 23, 2001 TO: Jim Wolf, PD FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk. Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY Q Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. Attached is a copy of the narrative submitted by the applications for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: April 6, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PL SE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name of Personfsl Commenting: 30A V)o1� I Phone Number[sl: X 2:4 I CPA 2001-0001 DURHAM QUARRY REQUEST FOR COMMENTS , • { CD/FIN Pl 1 2001 A REQUEST FOR COMMENTS CITY TIIGARD Community Development Shaping A Better Community DATE: March 23, 2001 • • TO: Water Dept. FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY < Washington County has requested a comprehensive plan amendment, a zone change and zone .ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed.— Mixed Use Commercial (MUC-1) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. Attached is a copy of the narrative submitted by the applications for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. _If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: April 6. 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. • Please contact of our office. Please refer to the enclosed letter. Y Written comments provided below: %kt `1 ' �1 a--1 ih taLuz* a.= be--114 froUtcip.r oc W0. ^{v -t'4tao sLto 7 A. Name of Person[s]Commenting: I Phone Nu er[sl: k38N I CPA 2001-0001 DURHAM QUARRY REQUEST FOR COMMENTS . ;. • • REQUEST FOR COMMENTS CIO T�IGARD Community Development Shaping A Better Community DATE: March 23, 2001 TO: Per Attached List FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk, Associate Planner Phone: (503) 639-4171 / Fax: (503) 684-7297 COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY Q Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. Attached is a copy of the narrative submitted by the applications for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: April 6, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ~ Name of Personfsl Commenting: I Phone Numberfsl: I CPA 2001-0001 DURHAM QUARRY REQUEST FOR COMMENTS • ,°:; , CITY TIGARD REQUEST FOR COF ENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE.NO(S).: CPA 20°! 0°00 ,0 2004-ooa 17,ZOAJ7,0o!- ( FILE NAME(S) ...ill -iti rn aAlrry - . CITI$N'INYOLIIEMENT TE{IMS . ; ,,,,, I4-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central �ast ❑South ❑West RiProposal Desl7ip.in Library CIT Book -:CITY 0 FFICE S:: • LONG RANGE PLANNING/Nadine Smith,Supervisor _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. POLICE DEPT./Jim Wolf.Clime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official . ENGINEERING DEPT./Brian Rager,Dvlpmnt Review Engineer 1-"-WATER DEPT./Michael Miller,Utilities Manager CITY ADMINISTRATION/Cathy Wheadey,City Recorder ✓OPERATIONS DEPT./John Roy,Property Manager _OPERATIONS DEPT./Matt Stine,Urban Forester ✓PLANNER-TIME TO POST PROJECT SITE! . - , . .. SPECIAL£DISTRICT$ .. . >5 `` TUAL. HILLS PARK&REC.DIST.* TUALATIN VALLEY FIRE&RESCUE * _TUALATIN VALLEY WATER DISTRICT * _UNIFIED SWRGE.AGENCY * Planning Manager fire Marshall ' Administrative Office Julia Huffman/SWM Program 15101 SW Walker Road Washington County Fire District PO Box 145 155 N.first Street Beaverton,OR 91006 (place in pick-up box) Beaverton,OR 91015 Hillsboro,OR 91124 1:,;";;Y:.*;-,:: _... :.:i.-.., �.} ''° LOCAL:AND.STATE=JURISDICTIONS=:::' . . ., , . ,. .}... . :.. . ..�a:,..:. , CITY OF BEAVERTON* k"-CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street NE Irish Bunnell,Development Services PO Box 369 PO Box 59 Salem,OR 97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE . ✓_ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380• City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Carol Hall,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 �aulette Allen,Growth Management Coordinator f�R.DEPT.OF LAND CONSERV.&DVLP 333 SW First Avenue Mel Huie,GreenspacesCoordinator(CPA(zoA) Larry French(Comp.Plan Amendments Only) PO Box 2946 _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY * King City,OR 97224 _ OR.DEPT.OF ENERGY(Powerlines in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC-Attn: Renae Fen-era Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 ✓Brent Curtis(CPA) Lake Oswego,OR 97034 O p c/Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) 9DOT,REGION 1 * ) _Anne LaMountain(IGAn,RB) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) 1., Sonya Kazen,Development Review coordinator _Phil Healy(IGANRB) David Knowles,Flaming Bureau oir. ' Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(CPKLCA)MS 14 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(zCA)Ms is Portland,OR 97204 _Doria Mateja(zCA)MS 14 • _000T,REGION 1 -DISTRICT 2A* Jane Estes,Penns Specialist • . 5440 SW Westgate Drive,Suite 350 h:tpattyMasters\Request For Comments Notification List 2.doc (Revised: 30-Nov-0O) . Portland,OR 97221-2414 UTILITY:PROVIDERSRND SPECIAL . ,NCIESf' °' • ... , . .. .. _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe RJR Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 • _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann (If Project Is wdhin A Mae of A Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 • _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY VERIZON _ QWEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _TCI CABLE(Apts.E.elHawN.ofcram Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 13137 SW Pacific Highway • 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006-5152 Portland,OR 97232 *INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY TOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible for Indicating Parties To Notify). PLANNING- 5cirAR / MArS1AL5 Ask- !I City of Tigard,Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: that I am a Confidential Executive Assistant for The City of Tigard, Oregon. That I served NOTICE OF (AMENDED ) PUBLIC HEARING FOR: (Check box above,if applicable) {check appropriate box below} (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ® Tigard Planning Commission ❑ Tigard Hearings Officer ® Tigard City Council That I served NOTICE OF (AMENDED ) DECISION FOR: (Check box above,if applicable) City of Tigard Planning Director That I served NOTICE OF (AMENDED ) FINAL ORDER FOR: (Check box above,if applicable) {check appropriate box below). ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the 16th day of April 2001, and deposited in the United States Mail on the 16th day of April 2001, postage prepaid. // ',- Prepare: otice / Subsc 13-d and sworn/affirmed before me on the 2S— 5 day of O T e4A ,.W 2._(9 0/ s ,,S,PLee..4.... �� •, OTARY PUBLIC OF O EGON • SHE OFFICIAL C SEAL My Commission Expires: Wi yt 3)20(13 • NOTARY PUBLIC-OREGON -- MY COMMISSION MIRES MAY 1 3,2003 -74` NOTICE TO MORTGAGEE, LIENHOR,VENDOR OR SELLER: S �, THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, Z1111! • IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Conunwv ity Dever merit- CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, MAY 7, 2001, AT 7:30 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, JUNE 12, 2001, AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: FILE NO(S).: CPA 2001-00001/ZOA 2001-00001/ZON 2001-00001 • FILE TITLE: Durham Quarry APPLICANT/ Washington County CONSULTANT: Frank Angelo OWNER: Larry Eisenberg Angelo Eaton and Associates 111 SE Washington 620 SW Main, suite 201 Hillsboro, OR 97123 Portland, OR 97205 REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1) APPLICABLE Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; REVIEW Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; CRITERIA: Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. • CPA 2001-0001 DURHAM QUARRY • • THE PLANNING COMMISSION'S REVIEW IS FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THIS REQUEST. THE CITY COUNCIL WILL ALSO CONDUCT A HEARING ON THIS REQUEST PRIOR TO MAKING A DECISION ON THIS REQUEST. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION OR CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING, IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA HAJDUK AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. CPA 2001-0001 DURHAM QUARRY c —`!! , CITY of TIGARD IV O`v ■ / GEOGRAPHIC INFORMATION SYSTEM . ■ 4,9-e sa o AREA NOTIFIED �� - (500') lv 0 • iii • d 1 111. . 11111 Ella II :snaa°°°,°, FOR: Frank Angelo al. ir.��� .� ��/ 2a„a"°°'°°° RE: 2S113AC, 01200 Ali imillillai ' m30000000 • VA.&IP, elm' :snaacooso0 ::taacm l I 251130000103 A acoo. aacoo:013080a12';' o :> I Ic ' 4.111 An .�'',` ;( . oo Property owner information • t valid for 3 months from m yTHU h' = 201130001/00 I the date printed on this map. 2E1130003500 boo ��� • \ ,s11'13°' I 011 coo•00I 201190001600 \ 1111.111E.IIIMV lig_���.11300019.0 2:11208001'1 .•,��, �'`r �' SUBJECT SIT:0 ♦ . �... �� anacaoo:o••,�♦ • pigt `7.aatz.111,...111riti,i ", 1121ac aooaol �:1 :oo IN .� � 201130901200 I .wi irfoo-do ••- -- � 0 400 800 Feet • . RIVENDEL D AlliPP.7-or ., lilts,, ' •• 1"=519 feel • !jHhl.uuuJt , SW BRIDGE?.��O \ A - - ' A A -" ' City of Tigard .,,� Inlormetion on this map is for general location only and should lx verified with the Development Services Division.. . d \l 13125 gar,OR 9lBlvd fi-III � Tigard,OR 97223 _ (503)639.4171 http://www.ci.tigard.orus C"ommtsnity Development Plot date: Feb 20,2001;C:\magic\MAGIC03.APR • 2S11:DB-01300 ' 2S113CA-00200 • BAILEY ROBERT L AND HILDUR EUGENE C.SKOURTES TRUSTEE MOLA JIM P AND LORENE E 14025 SW FARMINGTON ROAD 7950 SW PETERS RD BEAVERTON,OR 97005 TIGARD,OR 97223 2S 113CA-00100 2S 113BD-03300 BAR PROPERTIES LLC GRIMSTAD NEAL K& 17020 SW UPPER BOONES FERRY MADELINE E #201 6009 TOLGATE DURHAM,OR 97224 SISTERS,OR 97759 2S 113BD-02200 2S 113BD-03500 BRADY KATHLEEN A MILLESON BRENT D 7600 SW AFTON LANE LINDA ANN DURHAM,OR 97224 16935 SW UPR BOONES FRY RD TIGARD,OR 97223 2S113AD-01700 2S113DB-01200 BRIDGEPORT LAND LLC MOLA PARTNERS LTD 3939 NW ST HELENS RD 7950 SW PETERS RD PORTLAND,OR 97210 TIGARD,OR 97223 2S 113AC-01600 2S11380-04000 CHURCH JAMES S& NIMMAGADDA LOKANADHA B AND SHIR MASCALL DEANNA L 17019 SW RIVENDELL DR 8123 SE 17TH AVE DURHAM,OR 97224 PORTLAND,OR 97202 2S113AC-01500 2S113CA-00400 CHURCH JAMES S& OLSON TERESA MASCALL DEANNA L 2045 S HILLCREST DR PO BOX 68241 WEST LINN,OR 97068 PORTLAND,OR 97268 2S113130-03400 2S 113AC-00103 DAY RENEE PACIFIC REALTY ASSOCIATES 16805 SW UPPER BOONES FERRY RD 15350 SW SEQUOIA PKWY#300-WMI DURHAM,OR 97224 PORTLAND,OR 97224 2S 11380-03900 2S113AC-00101 DRYNAN DOUGLAS L&CLAUDIA J PACIFI R LTY ASSOCIATES 17011 SW RIVENDELL DR 15350 S EQUOIA PKWY#300-WMI TIGARD,OR 97224 PORT ND, R 97224 2S 113AC-00700 2S 113AD-01800 DURHAM DENTAL LLC PACIFI TY ASSOCIATES 16780 SW UPPER BOONES FERRY RD 15350 S QUOIA PKWY#300-WMI DURHAM,OR 97224 PORT ND, R 97224 2S 113AC-00800 2S 113AC-00500 DURHAM PROFESSIONAL BUILDING COR PARKER RUTH A 7501 SW FINDLAY RD 16730 SW UPR BOONES FY RD DURHAM,OR 97224 TIGARD,OR 97224 2S 113CA-07800 • • ROSENLUND ANNEMARIE COLLINS 17014 SW RIVENDELL DURHAM,OR 97224 2S113BD-02100 SAAB PATRICIA D 7550 SW AFTON LN DURHAM,OR 97224 2S113AC-01100 SCHECKLA DARYL D 10520 NW JACKSON QUARRY RD HILLSBORO,OR 97124 2S113AC 4 1000 SCHECK ,, !ARYL D 10520 NW• CKSON QUARRY RD HILLSBORO, IR 97124 2S 113AC-00600 SCHISLER LOREN P SUCCESSOR TR 308 EAST EIGHTH ST NEWBERG,OR 97132 2S 113CA-07600 SCHUSTER SAMUEL Y&ANNE M TRS • 17080 SW BINDDALE CT DURHAM,OR 97224 2S 113AC-00900 SLATER INVESTMENTS L L C BY KEITH SLATER PO BOX 742 TUALATIN,OR 97062 2S 113CA-07700 STETTNER ELIZABETH A 17050 SW BINDDALE CT DURHAM,OR 97224 2S 113DB-00100 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 150 N FIRST AVE RM B-7 HILLSBORO,OR.97124 2S113AC-01200 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 111 SE WASHINGTON ST HILLSBORO,OR 97124 • •• N CITY OF TIGARD Naomi Gallucci 11285 SW 78th Avenue EAST CIT SUBCOMMITTEE Tigard, OR 97223 is\curpin\setup\labels\CIT East.doc UPDATED: 29-Sept-00 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. 3 Tigard, OR 97224-3376 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Crag head 12205 SW Hall Boulevard Tigard, OR 97223 Febi?O pi 12: 15p ANGELO EATON and ASSOCS 503-227-3679 p. 2 • • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY OFTIGARD 13125 SW HALL BOULEVARD Community(Devefopment Shaping..4 Better Community TIGARD, OREGON 91223 PHONE: 503-639-4171 FAX: 503-684-7297(Attn: Patty or Shirley/Planning) RQUFS4 T f R 5P OWNR MAILING' LIST OOLIiOO1fl Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. ISI34AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): WT . '4V 2 ' Pr ! et zoo . INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: 2- Ste' (NOTE: A minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting,you should request 3 sets) NAME OF CONTACT PERSON: Tzw tAgye( PHONE: S'09- - Z2"1 SC, t This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* * * COST FOR THIS REQUEST * * 4 sheets of labels x$2/sheet = $8.00 x sets = $16.00 sheet(s) of labels x$2/sheet = $ —7 x 2— _ sets = 1 sheets of labels x$2/sheet for CIT area x sets = $4.00 I sheet(s) of labels x$2/sheet for CIT area = $a— x_ sets = GENERATE LIST = $J1..IZ0 GENERATE LIST = TOTAL = $31.00 TOTAL = $al Feb ;20 p..1 12: 15p ANGELO EATON and ASSOCS 503-227-3679 p. 1 • • ANGELO EATON & Associate s 620 SW Main Suite 201 Portland OR 97205 503-224-6974 503-227-3679-FAX To:?/cfri f Shltd Ri Ycvfm iv l`' From: €vt0'■ tC) Firm: 1/4 (MA-v.9 Date• 20 7_,x) „ (M 9 t . �{ 1 u C�kP?F1 Fax: So_?, "�.j „"�2 C1 RE: C,C,�i�11r1�G`�i, t`E'S S Phone: Pages 2-- Urgent 0 For Review 0 Please Comment ease Reply ❑ Please Recycle Cv\v-e orr ? kNQl',--, c. t71_Art-J-1- e(.J Receipt #: 27200100000000000717 _......+�_.+. Date: 02/20/2001 T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due RECEXP Recovered Expenditures(labels)-21.0000 @$1.00 100-0000-479000 $21.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Cash FRANK ANGELO $21.00 TOTAL AMOUNT PAID: $21.00 • • 411 • . . • . „ J - Y NI-'" O � D`• CITY of TIGARD ?Ck�� •^O Q GEOGRAPHIC INFORMATION SYSTEM G Z VICINITY MAP 0 III J , . / iIIIIIIIiIr 1 I -/1L1 m SW INDI a. Su � bect Site -1- ' 111•11111111 .1111 , � ♦ 414. APIA . 01111111a% N All .m z.iiiiii •Thai willi ii, • f ' 0 200 400 600 Feet 7 1"=422 feet r `fir "- SW O City of Tigard RIVENDELL DR �• fr ,A � Infortnatononthismapisforgenerallocatononryand should be verified with the Development Services Division. 13125 SW Hall Blvd � Tigard,OR 97223 BRIDGEP•� _ --- httpJ/www.c.l gard.or.us Community Development Plot date:May 7,2001;C:\magicWIAGIC03.APR r', r{ .Form 2 • • COo DLCD NOTICE OF ADOPTION This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA 1999-00002 (If no number,use none) Date of Adoption: June 26, 2001 Date Mailed: June 28, 2001 (Must be filled in) (Date mailed or sent to DLCD) Date the Notice of Proposed Amendment was mailed to DLCD: March 21, 2001 • X Comprehensive Plan Text Amendment X Comprehensive Plan Map Amendment X Land Use Regulation Amendment X Zoning Map Amendment X New Land Use Regulation _ Other: (Please Specify Type of Action) • Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." Amend code and comprehensive plan to change existing Light Industrial Zone to Mixed Use zone. The site is the Durham Quarry which is about to cease operation. The property is owned by Washington County and the property lies partially in Tualatin and partially in Tigard. The plan is to allow for a more efficient and economic development of the property that will better serve the needs of the communities. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." Approved amendments and zone change shall not be effective until an IGA has been signed by the City of Tigard and the City of Tualatin. * Plan Map Change from: I-P (Industrial Park) to MUC-1 (Mixed Use Commercial Zone Map Change from: Same to N/A Location: 2S113AC tax lot 01200 (corner of 72nd & Bridgeport) Acres Involved: 7.2 acres Specify Density: Previous: N/A New: 25 units/acre Applicable Statewide Planning Goals: 1, 2, 9, 10, 12, 13 Was an Exception adopted? Yes: _ No: X DLCD File No.: Form 2 Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: If no, do the Statewide Planning Goals apply. Yes: — No: _ If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: Washington County Local Contact: Jim Hendryx, Director Area Code + Phone: (503) 639-4171 Address: City of Tigard, 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660- Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.French(@_state.or.us–ATTENTION: PLAN AMENDMENT SPECIALIST. ice , i'+ .. • • . I U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) � 71111111111.1=111=11=111=111=1117 ru • Cr Postage $ `/ &✓O Lr'1 (� Certified Fee / r �0 e 1 RoQtmer PO" Return Receipt Fee I JO �� V7 .(Endorsement Required) 1 N C9 '`0q k ,, CI Restricted Delivery Fee t7 1 0 (Endorsement Required) Q/ .� O . Total Postage&Fees ,`��\) ID Recipie, PLAN AMENDMENT SPE FST; m Street A aa- ; DLCD 635 CAPITAL ST. NE, SUITE 150 1 . v City,sral SALEM, OR 97301 PS Feint 3800,February 2000 See Reverse for Instructions / , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery li ' item 4 if Restricted Delivery is desired. I' • Print your name and addresson the reverse so that we can return the card to you. C. ignat re ( 5i /' N • Attach this card to the back of the mailpiece, X 1 ❑Agent ❑Addressee or on the front if space permits. D. Is delivery :r..lc:ss different from item 1? ❑ Yes 1. Article Addressed to: _ If YES,ent- .'livery address below: ❑ No Il i PLAN AMENDMENT SPECIALIST 1 ;DLCD • 'l • 635 CAPITAL ST. NE, SUITE 150 3. S rvice Type 1 SALEM, OR 97301 Certified Mail ❑ Express Mail _ ____——-_—_ ._------------— Registered ❑ Return Receipt for Merchandise II ❑ Insured Mail ❑C.O.D. I>) II 4. Restricted Delivery?(Extra Fee) ❑Yes y 2. Article Number(Copy from service label) -7v99 3Liao o015 77s9 5 -7a. PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 . I ie . . 7) = ,i6" 4 * . la 111111timpa■ 4 mit= 0 „iv hi,,rti, (4 II 1111114/altatibe■ vIr II j l . o ir TLE:r ., Lill 1 I I ril NW 1971. s, . . 1 Waft MIL Milk- simi Ira \r () m SW UPPE- s� 4 // - . G,o ,, s \ I., #e a illa& 01. 044 AIL a SW 72ND AV s� F� �2 �09 • . 0 i The following will be considered by the-Tigard Planning Commission on Monday,May 7,2001;at 7:30 P.M:,at the Tigard Civic Center— Town Hall, 13125-SW Hall.Blvd:,'Tigard;'Oregon.Both public oral and written testimony are in■ited.•The public hearing on this matter will be conducted in accordance with the rules of ORS 197,763,ORS`227:175, sii Chapter 18.390 of the Tigard Municipal Code,and rules and procedures . of the Planning Commission. 01 Failure to raise an issue in person or by letter at some point prior to the , til close of the hearing accompanied by statements or evidence sufficient to Iallow the hearings authority and all the parties to respond on the request,- precludes an appeal, and failure to specify the criterion from the th Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion.Further ar information may be obtained from the Planning Division at 13125 SW Hall Blvd.,Tigard,Oregon 97223,or by calling 503-639-4171. , . j PUBLIC NOTICE°ITEM: . 1 COMPREHENSIVE PLAN AMENDMENT(CPA)2001-00001/ ZON2001-00001/ZOA2001-00001. . . . >DURHAM QUARRY< - • Washington County has requested a comprehensive plan amendment,a 1 zone change and zone ordinance amendment on this property to change it from Industrial-Park (I-P) to a new zoning designation of Mixed Use ..Commercial (MUC-1).,.The purpose is to be consistent with zoning '. recently adopted on adjacent property in the City of Tualatin in order to facilitate a:mixed:use'development on the existing Durham Quarry site. . The Durham Quarry is a 29 acre parcel owned by Washington County. ; I Approximately 21 acres is located within the City'of Tualatin and-: ' approximately 8 acres in the City of Tigard.The Quarry has been declared surplus and,therefore,the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional ; meetings,,it was determined that a mixed use commercial development • . was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have,been proposed. -- LOCATION:Corner of 72nd Avenue and Bridgeport;:.WCTM 2S 113AC, , tax lot 01200. ZONE: existing;= I-P, proposs,ed• - MUC-1. APPLICABLE REVIEW CRITERIA:Community Development Code . i Sections 18.380.050, 18.390.050 and 18.390.060;Comprehensive Plan Policies 1.1.1,2.1.1, 3.3.1,5.1, 6.1.1, 8.2.2,9:1.1,'12:1.1 and 12.2.1; Statewide Planning Goals 1,2,9, 10, 12 and 13;and Metro,Functional L Plan.Titles 1,3,4 7,and the Regional Transportation.Plan *: . -:11:,:,,... ,,,...r, ;;,:p.,,,:,.,-„,,, c) i., ,../..„ . , . . ::Minr Wig';k1.,i ;..',..4'.: '' • ,.•.. ... .:! . a'.+4r.; ;tom 111.114111 4 _„„„„..,,,, _1116 win, /11 gp : =4 1111111111ft 1111111 7 ' i `• '""_ - -' •;°= TAY_` a.,.. -_,. - - 1.. 4 IAA 1111111' \\'�� \` `moo\\ .s.„ W 4) 7� ai♦sim lli/ II r rti /��, - • .arer� , , ;-.• • alert.� ; . . : . lift x •." 3z:', r; �;:i.® #@f�w ��� ! y« y 4 h... ,.. 111 :, n 1$415...>s r'T. 4• .0..�`.w.40.r,::..i.:" ..s .1••n. ,. ....1,,..�,.+., p • f ryOG�a�r 1 1 CITY of TIGARD "•rO / GEOGRAPHIC INFORMATION SYSTEM i' I 5F 0 '` VICINITY MAP Se s CPA200 I-00001 �y - 'II il IN �o .10A2001-0000 M2001 -00001 =AI • / DURHAM QUARRY •lfliiirIiI______naill lllllN 7 , :::.: : firm filar" AM in ...w , k\>' . ...� ii 1 1 - 47- 0400 IIII j4.4Jg1 • �—"j � � • **ill 0 200 400 600 Feet 7r0P W ellA,44111k 1"=498 feet jig:�,� �AEIla a ►►END ,� 2 °P .J� li� IHflta, City of Tigard •�� O �� Information an this map Is for general location ony end �.,,,, SW BRIDGE?. . � should be verified with the Development Services Division. 1' ele[Iy�i:�- '� ♦ 13125 SW Hall Blvd '�... �� ' Tigard,OR 97223 (503)839-4771 r m�—� I httplAvww.ei.tigard.or.us Community Development Plot date:May 31,2001;C:\magicWIAGIC03.APR • • • A Ao FFIDAVIT OF MAILING • TY CITY l- TIOARD Community(Development S(tnping A Better Community STATE of o Egow ) County of Washington )ss. City of ward ) . 1, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard'Washington County, Oregon and that I served the following: • (Check Appropriate Box(s)Below) ® NOTICE OF"RESCHEDULED"PUBLIC HEARING FOR: l7 CPA2001-00001/Z0A2001-00001/Z0N2001-00001 — DURHAM QUARRY 1 6/26/2001 File No/Name Reference) (Date of Public Hearing) . _ City of Tigard Planning Director _ Tigard Hearings Officer . Tigard Planning Commission Z Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B", and by reference made a part hereof, on May 31,2001,and deposited in the United States Mail on May 31,2001, postage prepaid. _&al/ / /—.i. - 11H■Al_..-al. ...../ 1 • (Perso .'r -pared of :) • Subscribed and ..worni:ffirmed before me on the 3-\ :1-clay of Ai 0 ■ , 2001. • J ;�. :. OFFICIAL SEAL WISE i. "� COMMISSION /, 'COMMISSION EXPIRES F B. • c `` EXPIRES F®.11;2009 NOTARY PU C OF ORE ON My Commission Expires:� I f dogs 1 • • • NOTICE TO MORTGAGEE, LIENHOOR,VENDOR OR SELLER: , THE TIGAFv*5 DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, SICIIIBIT A ilk� IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. I�I! CITY OF TIGARD Community Development Shaping Better Community • CITY OF TIGARD NOTICE OF "RESCHEDULED" PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL MEETING TO CONSIDER THE FOLLOWING APPLICATION, ORIGINALLY SCHEDULED FOR JUNE-12,2004, HAS BEEN RESCHEDULED AND WILL BE HEARD ON JUNE 26, 2001 AT 7:30 PM. THE MEETING WILL BE HELD IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. FILE NOS.: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00001 ZONE CHANGE (ZON) 2001-00001 • FILE TITLE: DURHAM QUARRY APPLICANT/ Larry Eisenberg CONSULTANT: Frank Angelo OWNER: Washington County Angelo Eaton and Associates 111 SE Washington 620 SW Main, Suite 201 Hillsboro, OR 97123 Portland, OR 97205 REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29-acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC, Tax Lot 01200. ZONE: Existing — Industrial Park (I-P), Proposed —Mixed Use Commercial (MUC-1). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYON , WISHING TO PRESENT ATEN TESTIMONY ON THIS PROPO. ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7)DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. . FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED ALSO PRECLUDES AN APPEAL BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7)DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER JULIA POWELL HAJDUK AT(503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. I I j N;',.' 111 , VICINITY MAP CPA2001-00001 6 Rip 10A2001-00001 At M22001-00001 DURHAM QUARRY • �a - ' 111111"All UJ1Ifl 1111111 - E-_-_-, . wiwrirTi.. . AI *- Alr:AliV1111 .. - ! �ma c i,j. � N kUIii Aik41111**1 . .. .. .,.. �� II r- - lLillj <a. 11,,,,,1-, i, Qv of Tigard IIIMMWMil __2zEA10■ 4 ...........o.ro........v.. MilikEW (Ii■Abe ......". CPAaO0' -00001 • • EXHIBIT B 2S 113D B-01300 2S113CA-00200 BAILEY ROBERT L AND HILDUR EUGENE C. SKOURTES TRUSTEE MOLA JIM P AND LORENE E 14025 SW FARMINGTON ROAD 7950 SW PETERS RD BEAVERTON,OR 97005 TIGARD,OR 97223 2S 113CA-00100 2S 113B D-03300 • BAR PROPERTIES LLC GRIMSTAD NEAL K& 17020 SW UPPER BOONES FERRY MADELINE E • • #201 6009 TOLGATE DURHAM,OR 97224 SISTERS,OR 97759 - 2S1138D-02200 2S113BD-03500 BRADY KATHLEEN A MILLESON BRENT D 7600 SW AFTON LANE LINDA ANN DURHAM,OR 97224 16935 SW UPR BOONES FRY RD TIGARD,OR 97223. 2S113AD-01700 2S113DB-01200 BRIDGEPORT LAND LLC MOLA PARTNERS LTD 3939 NW ST HELENS RD 7950 SW PETERS RD PORTLAND,OR 97210 TIGARD,OR 97223 2S113AC-01600 2S113BD-04000 CHURCH JAMES S& • NIMMAGADDA LOKANADHA B AND SHIR MASCALL DEANNA L • 17019 SW RIVENDELL DR 8123 SE 17TH AVE DURHAM,OR 97224 PORTLAND,OR 97202 • 2S113AC-01500 2S113CA-00400 CHURCH JAMES S& • OLSON TERESA MASCALL DEANNA L 2045 S HILLCREST DR PO BOX 68241 WEST LINN,OR 97068 PORTLAND,OR 97268 2S113BD-03400 2S113AC-00103 DAY RENEE PACIFIC REALTY ASSOCIATES 16805 SW UPPER BOONES FERRY RD 15350 SW SEQUOIA PKWY#300-WMI DURHAM,OR 97224. PORTLAND,OR 97224 2S 113BD-03900 2S 113AC-00101 DRYNAN DOUGLAS L&CLAUDIA J • PACIFI R LTY ASSOCIATES 17011 SW RIVENDELL DR • 15350 S EQUOIA PKWY#300-WMI • TIGARD,OR 97224 PORT ND, R 97224 • 2S113AC-00700 25113A0-01800 DURHAM DENTAL LLC PACIFI TY ASSOCIATES 16780 SW UPPER BOONES FERRY RD 15350 S QUOIA PKWY#300-WMI DURHAM,OR 97224 PORT ND, R 97224 2S113AC-00800 2S113AC-00500 DURHAM PROFESSIONAL BUILDING COR PARKER RUTH A 7501 SW FINDLAY RD 16730 SW UPR BOONES FY RD DURHAM,OR 97224 TIGARD,OR 97224 • • • I • 2S113CA-07800 ROSENLUND ANNEMARIE COLLINS Larry Eisenberg 17014 SW RIVENDELL Washington County DURHAM,OR 97224 111 SE Washington • Hillsboro, OR 97123 • 2S113BD-02100 SAAB PATRICIA D Frank Angelo. 7550 SW AFTON LN Angelo Eaton and Associates DURHAM,OR 97224 620 SW Main, Suite 201 Portland, OR 97205 2S 113AC-01100 SCHECKLA DARYL D 10520 NW JACKSON QUARRY RD HILLSBORO,OR 97124 2S113AC 41000 SCHECK • ',ARYL D 10520 NW i CKSON QUARRY RD HILLSBORO, •R 97124 2S 113AC-00600 SCHISLER LOREN P SUCCESSOR TR 308 EAST EIGHTH ST NEWBERG,OR 97132 • 2S113CA-07600 SCHUSTER SAMUEL Y&ANNE M TRS • 17080 SW BINDDALE CT • DURHAM,OR 97224 • 2S113AC-00900 SLATER INVESTMENTS L L C BY KEITH SLATER PO BOX 742 TUALATIN,OR 97062 2S113CA-07700 • STETTNER ELIZABETH A 17050 SW BINDDALE CT DURHAM,OR 97224 2S113DB-00100 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 150 N FIRST AVE RM B-7 HILLSBORO,OR 97124 2S113AC-01200 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 111 SE WASHINGTON ST HILLSBORO,OR 97124 • • • Naomi Gallucci CITY OF TIGARD 11285 SW 78th Avenue EAST CIT SUBCOMMITTEE • Tigard, OR 97223 is\curpin\setup\labels\CIT East.doc UPDATED: 29-Sept-00 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. 3 Tigard, OR 97224-3376 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen • 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Crag head 12205 SW Hall Boulevard Tigard,-OR 97223 • NOTICE OF PROPOSED AMAINDMENT is form must be received by DLCD at least 45 days prior to the final hearing ORS 197.610 and OAR Chapter 660, Division 18 C° See reverse side for submittal requirements Jurisdiction City of Tigard Date of Final Hearing Tentatively scheduled for June 12, 2001 (first hearing May 7, 2001) Local File #'s: CPA 2001-00001/ZOA 2001-00001/ZON 2001-00001 Has this proposal been previously submitted to DLCD? Yes X No Date X Comprehensive Plan Text Amendment X Comprehensive Plan Map Amendment X Land Use Regulation Amendment X Zoning Map Amendment X New Land Use Regulation _ Plan Map/Water Resources Map Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." Amend code and comprehensive plan to change existing Light Industrial Zone to Mixed Use zone. The site is the Durham Quarry which is about to cease operation. The property is owned by Washington County and the property lies partially in Tualatin and partially in Tigard. The plan is to allow for a more efficient and economic development of the property that will better serve the needs of the communities. Plan Map Change From I-P(Industrial Park) to MUC-1 (Mixed Use Commercial) Zone Map Change From Same to N/A Location: 2S113AC tax lot 01200, corner of SW 72nd and Bridgeport Road Acres Involved: 7.2 acres Specified change in Density: Current Density N/A Proposed Density 25 units/acre Applicable Goals: 1, 2, 9, 10, 12, and 13 Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: City of Tualatin, Washington County, Metro and the City of Tigard. Local Contact: Julia Powell Haiduk, Associate Planner Phone: (503) 639-4171 x336 Address: 13125 SW Hall Boulevard, Tigard, Oregon 97223 DLCD File # Date Rec'd # Days Notice • • • ` SUBMITTAL REQUIREMENTS ORS 197.610 and OAR Chapter 660, Division 18 1. Send this Form and Two (2) Copies of the Proposed Amendment to: Department of Land Conservation and Development 1175 Court Street, N.E. Salem, Oregon 97310-0590 • COPY TO: Metro Land Use as Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT- Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the Salem DLCD office at least 45 days before the final hearing on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment • and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 by 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. If you need more copies of this form, copy it on green paper or call the DLCD office at 503-373-0050. .-- • ' • • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) =- 0 ili'�j�!Z' IT' / Postage $ .1s_ s d s irr Certified Fee V� l�/ �ry�` ���� a • L f p� P.aStniark �1 Return Receipt Fee 'r C p* i LHere (Endorsement Required) ��/ r'- ��}{ 3a r: O • Restricted Delivery Fee • t7r, t3 J!1 ��t•p (Endorsement Required) vb,-, �0�, tI i O Total Postage&Fees $4-7,....-3j5 caw Q1 t S Recipient's Name(Please Print Clearly)(to be completed by mailer) �� 171 bLe,D •i Q.. Street,Apt.No.;or PO Box No. a- OS COL(v-.1- fif. NE . C7 City,State ZIP+4 r` Ski Item • ©= i 7810 — S D PS Form 3800,February 2000 See Reverse for Instructions • m SENDER: 'o ■Complete items 1 and/or 2 for additional services. I also wish to receive the 0' •Complete items 3,4a,and 4b. following services(for an f 2 ■Print your name and address on the reverse of this form so that we can return this extra fee): I, d• card to you. m '� > 'Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address u i m permit. d `;n •Write'Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery N ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. °- 3.Article Addressed to: 4a.Article Number r DL ct� = 70 9y 3 if()i0 ovis 77sgs/vy ,_cc 4b.Service Type m l/ 75 &OtAr+ S�-. NC ❑ Registered 1F' Certified cc t ' v S. • _ (( 0 Express Mail 0 Insured &i/evr O 7 3/D O S 7 v 0 Return Receipt for Merchandise 0 COD Si •kr 7.Date of Delivery o : 5.Re•. ed B •(Prim 8.Addressee's Address(Only if requested AC /! L 1- - • and fee is paid) co cr i` I si 6.Signa 0.:ddressee or Agent) I X --; - • ' PS Form 3811, Dece a 1994 Domestic Return Receipt?j; • • FAM TRANSMITTAL • DATE: May 31.2001 TO: Sylvia Makinster, Legals (fax)620-3433 FROM: Patricia Lunsford, City of Tigard (Ph.)639-4171 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The Tigard City Council meeting to consider the following application, originally scheduled for June 4 001. has been rescheduled and will be heard on June 26. 2001 at 7:30 PM. The meeting will be held in the Town Hall of the Tigard Civic Center at 13125 SW Hall Boulevard, Tigard, Oregon 97223: Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Development Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING ITEM: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDIANCE AMENDMENT (ZOA) 2001-00001/ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY Q REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry.site. The Durham Quarry is a 29-acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC, Tax Lot 01200. ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide. Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. PLEASE SEE PAGE 2 OF THIS FAX TO BE REDUCED AND PUBLISHED (north arrow up) WITH THIS LEGAL NOTICE. THANK YOU. TT PUBLISH DATE: JUNE 7. 2001 rfrfr , O / CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM . S' qr' VICINITY MAP 0 ,,,Jee CPA2001 -00001 �a -0 10N2001 10A2001 -00001 0001 1111111111 1 a wi ifi MI DURHAM QUARRY 4:.aiuiiilirIll � Wp IN : ��i 11111 7 Mai AN 1 w L c. I-- .w \ fit► *kit 4 *At *I■m. A N real� � ' *11.1111i 0 200 400 600 Feet r� • 4, •, SLy 1".496 feet, ..., „ a RI , �O :_ ,L I Il, eo /� City of Tigard ,,..-, �� T1 Information on this map Is for lopmen location ony and ' SW BRIDGED 5 should be verified with Ne Development Sarviva Division. �IN[c I.. q �� ♦ Tigard,O H99 Blvd . S T( 97223 _, , http:/6MAwv c3.tg td.or.us Community Development Plot date:May 31,2001;C:\magic\MAGIC03.APR 05/31/2001 09:58 FAX 5036847297 City of Tigard 0 001 • • ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 2542 CONNECTION TEL 5036203433 - SUBADDRESS CONNECTION ID Tigard Times ST. TIME 05/31 09:57 • USAGE T 00'58 PGS. SENT 2 RESULT OK FAX TRANSMITTAL DATE: May 31,2001 • TO: Sylvia Makinster, Legals(fax)620-3433 FROM: Patricia Lunsford, City of Tigard(Ph.)639-4171 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The Tiggard City meetin to consider the following a lication originally scheduled for June X094 has been reschedule and will a eard on June 01 at 7:30 PM. The meeting-01-b7 e d in the Town Ha o e Tigard Civic enter at 13125 SW Hall :ou evard, Tiga d Oregon 97223: Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council. • Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Development Director or City Recorder at the same location, or by calling (503)639-4171. PUBLIC HEARING ITEM: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001 ZONE ORDIANCE AMENDMENT (ZOA) 2001-00001/ZONE CHANGE (ZON) 2001-00001 > DURHAM QUARRY Q REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (l-P) to a new zoning designation of Mixed Use Commercial (MUC 1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29-acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION; Corner of 72'd Avenue and Bridgeport; WCTM 2S113AC, Tax Lot 01200. ZONE: Existin — Industrial Park (I-P)', Proposed — Mixed Use Commercial (MUC-1). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 1 2.1.1 and 12.2.1; Statewide. Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. 05/31/2001 11: 17 5036203 COMMUNITY NEWSPAPERS PAGE 01 : • , COMMUNITY NEWSPAPER$ timetnlafe am•TiardTines•Tualafn Toys•lAeaseyoibiimn•Milfta • Fold Go*Neon-limn•Shenwod Gone•Soui tCamuNVCmection•Cabo FAX COVER SHEET TO: /24 ecr--4-12;a14;L FAX #: 515 3 - 6 gV- 7,21,] We have received your Public Notice information Re: hit&idieetc*JC-,/, 19/— DOmp Je 7 Paper(s): `r Publication Date(s): 7� close You will receive a notarized affidavit, with tear sheet attached,after the last publication date. Thank you for publishing with Community Newspapers,Inc.,and please feel free to call if you have questions. FROM: SV !_.(//ri Xii.e/457 . PHONE: 5V3 - 6 70 S • Date: 53/4/ Time: // No. Pages: (including cover) Please direct this transmittal: If you do-not receive all pages, please cal Thank You • P.O. Box 370 •Beaverton, OR 97075 • (503) 684-0360 • Pax 620-3433 . • •••••• •-. • FAX TRANSMITTAL DATE: May 3, 2001 TO: Sylvia Makinster, Legals(fax)620-3433 FROM: Patricia Lunsford, City of Tigard (Ph.)639-4171 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The following will be considered by the TIGARD CITY COUNCIL ON TUESDAY,TUNE 12,2001, AT 7:30 P.M.at the Tigard Civic Center-Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all parties to respond on the request, precludes an appeal to •the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Development Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING ITEM: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001/ZON2001-00001/ ZOA2001-00001 > DURHAM QUARRY < Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi- jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1)APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030,-18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. Ti PUBLISH DATE May 24,2001 CPA 2001-0001 DURHAM QUARRY 05/03/2001 16:51 FAX 5036847297 City of Tigard 411001 • ******************** *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 2296 CONNECTION TEL 5036203433 SUBADDRESS CONNECTION ID Tigard Times ST. TIME 05/03 16:50 USAGE T 01'10 PGS. SENT 2 RESULT OK FAX TRANSMITTAL DATE; May 3, 2001 TO: Sylvia Makinster, Legals(fax)620-3433 FROM: Patricia Lunsford, City of Tigard(Ph.)639.4171 PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES,THE FOLLOWING: The following will be considered by the TICABD MY COMM ON TUESDAY,IDNE 12.2001, AT 1:30 P.M.at the Tigard Civic Center-Town Hall Room, 13125 SW Hail Boulevard, Tigard, Oregon 97223. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Development Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING ITEM: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001/ZON2001-00001/ • ZOA2001-00001 ➢ DURHAM QUARRY < Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (1-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi- jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (1-P), Proposed — Mixed Use Commercial (MUC-1)APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. 110• FAX TRANSMITTAL TY OF CITY OF TIOARD Covruzy Development Shapivt-A Better Comvn wuty DATE: April 13,2001 TO: Sylvia Makinster, Legals Section/Community Newspapers(Fax)620-3433 FROM: Jerree Gaynor, City of Tigard Planning Division (Phone)639-4171 PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES NEWSPAPER,THE FOLLOWING: The following will be considered by the TIGARD PLANNING COMMISSION on MONDAY,May 7,2001 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of ORS 197,763, ORS 227.175, Chapter 18.390 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to allow the hearings authority and all the parties to respond on the request, precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC NOTICE ITEM: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001/ZON2001-00001/ ZOA2001-00001 > DURHAM QUARRY Q Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi- jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existingindustrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: existing — I-P, proposed — MUC-1 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. TT PUBLISH DATE: April19,2001 CPA 2001-0001 DURHAM QUARRY 04/13/2001 08:01 FAX 50368472971 City of Tigard / Z001 • ********************* *** TX REPORT *** • ********************* TRANSMISSION OK TX/RX NO 2098 CONNECTION TEL 5036203433 SUBADDRESS CONNECTION ID Tigard Times ST. TIME 04/13 08:00 USAGE T 00'55 • PGS. SENT • 2 RESULT OK • > FAX TRANSMITTAL l CRY OF Y10ARD COm y Developrfl mt ShapthuyA Be.ttpr Covvelartity DATE: April 13,2001 TO: Sylvia Makinster, Legals Section/Community Newspapers(Fax)620-3433 FROM: Jerree Gaynor, City of Tigard Planning Division (Phone)639-4171 PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES NEWSPAPER,THE FOLLOWING: The following will be considered by the TIGARD PLANNING COMMISSION on MONO1L!,Maa 7,2001 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited.The public hearing on this matter will be conducted in accordance with the rules of ORS 197,763, ORS 227.175, Chapter 18.390 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to allow the hearings authority and all the parties to respond on the request, precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC NOTICE ITEM: COMPREHENSIVE PLAN AMENDMENT (CPA) 2001-00001/ZON2001-00001/ ZOA2001-00001 • ➢ DURHAM QUARRY Q Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease.to a developer. After many months of multi- jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: existing — I-P, proposed — MUC-1 APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. r/ • • CITY OF TIGARD Community Development Shaping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = N/A FILE NO(S).: CPA 2001-00001/ZOA 2001-00001/ZON 2001-00001 • FILE TITLE: Durham Quarry • APPLICANT/ Washington County CONSULTANT: Frank Angelo OWNER: Larry Eisenberg Angelo Eaton and Associates 111 SE Washington 620 SW Main, suite 201 Hillsboro, OR 97123 Portland, OR 97205 PHONE/FAX: 503-846-4474/503-846-4851 503-227-3664/503-227-3679 REQUEST: Washington County has requested a comprehensive plan amendment, a zone change and zone ordinance amendment on this property to change it from Industrial Park (I-P) to a new zoning designation of Mixed Use Commercial (MUC-1). The purpose is to be consistent with zoning recently adopted on adjacent property in the. City of Tualatin in order to facilitate a mixed use development on the existing Durham Quarry site. The Durham Quarry is a 29 acre parcel owned by Washington County. Approximately 21 acres is located within the City of Tualatin and approximately 8 acres in within the City of Tigard. The Quarry has been declared surplus and, therefore, the County wishes to sell it or lease it on a long term lease to a developer. After many months of multi-jurisdictional meetings, it was determined that a mixed use commercial development was a better use of the surplus land than the existing Industrial Park zone would allow. No development applications have been proposed. LOCATION: Corner of 72nd Avenue and Bridgeport; WCTM 2S113AC tax lot 01200 ZONE: Existing — Industrial Park (I-P), Proposed — Mixed Use Commercial (MUC-1) APPLICABLE Community Development Code Sections 18.380.030, 18.390.050 and 18.390.060; REVIEW Comprehensive Plan Policies 1.1.1, 2.1.1, 3.3.1, 5.1, 6.1.1, 8.2.2, 9.1.1, 12.1.1 and 12.2.1; CRITERIA: Statewide Planning Goals 1, 2, 9, 10, 12 and 13; and Metro Functional Plan Titles 1, 3, 4, 7, and the Regional Transportation Plan. CIT AREA: Citywide CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ❑ TYPE III ® TYPE IV DATE COMMENTS WERE SENT: October 18,2000 DATE COMMENTS ARE DUE: November 15,2000 [HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 7:00 PM E PLANNING COMMISSION [MONJ DATE OF HEARING: May1,2001 TIME: 7:30 PM CITY COUNCIL [TUESJ DATE OF HEARING: lune 12,2001(tentative] TIME: 1:30 PM [ STAFF DECISION [TENTATIVE] DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ❑VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ❑ SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY ® NARRATIVE ❑ GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Julia Powell Hajduk, Associate Planner, 503 639-4171, ext. 336 CPA 2001-0001 DURHAM QUARRY • • COMPREHENSIVE PLAN AMENDMENT ,TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 PRE-APP.HELD WITH: Jim Hendryx .GENERAL INFORMATION DATE OF PRE-APP.: January 25 , 2001 Property Address/Location(s): Durham Quarry FOR STAFF USE ONLY SW 72nd Avenue/SW Bridgeport Road ,, n Tax Map &Tax Lot#(s): 2 S 113AC 012 00 Case No.(s): e. A -woo Other Case No.(s):Zor i Zit- o1"7.G/42taQ1 - Receipt No.: Site Size(s): 7 . 2 acres Application Accepted By: iC? Property Owner/Deed Holder*(s): Washington County Date: 3-)a-8 io t Address: 111 Sp1 Washington Phone:503-846-4474 1 City:Hillsboro Zip: 97123 Date Determined To Be Complete: Applicant*: Larry Eisenberg Comp Plan/Zone Designation: Address: as above Phone: as-.above City: Zip: * When the owner and the applicant are different people, the CIT Area: -- applicant must be the purchaser of record or a lessee in possession - Rev.11/26/98 i:\curpin\masters\cpa.doc with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY • ✓ Application Elements Submitted: • The owners of record of the subject property request a Application Form Comprehensive Plan Amendment (if applicable)from: pp to Owner's Signature/Written Authorization OR...The a licant re uests an amendment to the following sections ❑ Title Transfer Instrument or Deed of th Comprehensive Pla)or Community Development Code ® Site/Plot Plan (please be specific): (#of copies based on pre-app check list) Amend Comprehensive Plan to establish ® Site/PlotPlan (reduced 8'/2"x 11") mixed-use commercial district ® Applicant's Statement (#of copies based on pre-app check list) © 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ® Filing Fee $4,015.00 (Map,Text,or Both) 1 0 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: Comprehensive Plan map amendment to apply mixed-use commercial designation on Durham Quarry; Zoning Code text amendment to establish MUC-1 zone; Zoning map amendment to apply MUC-1 zone to Durham Quarry APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. . • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of Owner'zs gnature Owner's Signature Owner's Signature Owner's Signature 2 • ZONE ORDINANCE AMENDMENT ,4410 TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: Jim Hendryx DATE OF PRE-APP.: January 25, 2001 Property Address/Location(s): Durham Quarry SW 72nd Avenue/SW Bridgeport Road F=OR'STAFFiUSE ONLY Tax Map &Tax Lot#(s): 2S 113AC01200 ;Case No.(s);`l.Oq 2064( -C?�Cac30: Other Case°'No.(s) .P 12 o! -'Ocf='°F: < Site Size(s): 7. 2 acres Receipt No:: `., f(,v,. `�� °vo ication:AcceptedBy -K . : Appl Property Owner/Deed Holder*(s): Washington County _. 503-846-4474 aAddress: 111 SE Washington Phone: •City:Hillsboro Zip: 97123 Date Deterrriined Complete._ ,Rev.8/4/2000: iAcirpin\ma x6:**i*INzOaa.cioc Applicant*: Larry Eisenberg aq =: „_. Address: as above Phone: as above City: Zip: *When the owner and the applicant are different people, the applicant REQUIRED SUBMITTAL ELEMENTS must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner with written (Note: applications will not be accepted authorization. The owner(s) must sign this application in the space without the required submittal elements) provided on the back of this form or submit a written authorization with this application. ® Application Form PROPOSAL SUMMARY ® Owner's Signature/Written Authorization ❑ Title Transfer Instrument or Deed The owners of record of the subject property request a Zone ❑ Copy of Pre-Application Conf. Notes Ordinance Amendment(if applicable)from to Site/Plot Plan (#of copies based on pre-app check list) OR...The applicant requests an amendment to the following sections © Site/Plot Plan (reduced 81/2^x 11") of the Comprehensive Plan or Community Development Co (please be specific): a Applicant's Statement (#of copies based on pre-app check list) Amend Zoning Ordinance to establish mixed- use commercial-1 district r J 2 Sets of Pre-Addressed/Pre-Stamped #10 Envelopes & Copy of 500' Property • Owner List Generated by the City ® Neighborhood Mtg. Affidavits & Notes ® Filing Fee $1,415.00 1 r • List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: Comprehensive Plan map amendment to apply mixed-use rnmmerrial designation on Durham Quarry; Comppehbnsive Plan amendment to establish mixed-use commercial district; Zoning map amendment to apply MUC-1 to Durham Quarry. APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this / ° day of / �Y� ,20 O, er's Sig, ure Owner's Signature Owner's Signature Owner's Signature 2 • • • r ZONE CHANGE TYPE III APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP.HELD WITH: Jim HPndr x DATE OF PRE-APP.: January 25, 2001 Property Address/Location(s): Durham Qua rry ::•: 'FOR,STAFF USE ONLY SW 72nd Avenue/SW Bridgeport Road Tax Map &Tax Lot#(s): 2S 113AC 01200 Case,No. s :C7 =i ( c Other<Case N6 s o 00 -, Zaft`Zao/ - e Site Size: 7 _ a r r P s Receipt Application/:A ccepted By:/et!Property Owner/Deed Holder(s)* Washington County Date.r:, 1- 10/_ Address: 111 SE Washington Phone: 503-846-4474 ;M:', City: Hillsboro Zip: 97123 Date'Determinedi,Complete: * Rev.8/4/2000'`;rlcurpin)masterslrevised\zonechngdoc.: Applicant*: Larry Eisenberg ,•�, ..", Address: as above Phone: as above City: Zip: REQUIRED SUBMITTAL ELEMENTS *When the owner and the applicant are different people, the applicant (Note: applications will not be accepted must be the purchaser of record or a lessee in possession with written without the required submittal elements) authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with ® Application Form this application. • J Owner's Signature/Written Authorization PROPOSAL SUMMARY ❑ Title Transfer Instrument or Deed ❑ Copy of Pre-Application Conf. Notes The owners of record of the subject property request a Zone Change ® Site/Plot Plan Annexation from Washington County to Tigard (#of copies based on pre-app check list) (if applicable) and a Zone Change from Washington ® Site/Plot Plan (reduced 81/2"x 11") County to Tigard ® Applicant's Statement (#of copies based on pre-app check list) Zone change from I—P to MUC-1 (provide any additional information here) n 2 Sets of Pre-Addressed/Pre-Stamped #10 Envelopes & Copy of 500' Property Owner List Generated by the City ® Neighborhood Mtg. Affidavits & Notes © Filing Fee $1,505.00 (Zoning Map Change) 30( 1 • APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box.. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. • DATED this 0 day of , 20 Owner's ' nature Owner's Signature Owner's Signature Owner's Signature • 2 Receipt #: 27200100000000000895 �___..•�`� Date: 03/02/2001 T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due CPA2001-00001 [LANDUS]Comprehensive Plan 100-0000-438000 $4,015.00 ZOA2001-00001 [MISC]Misc Fee 100-0000-451000 $283.00 ZON2001-00001 [LANDUS]ZONE CHANGE 100-0000-438000 $301.00 Payments: Method . Payer Bank No Acct Check No Confirm No. Amount Paid Check WASHINGTON COUNTY 0 703235 $4,599.00 TOTAL AMOUNT PAID: $4,599.00 • • //////I/lf�111IIVlal�i 11\. I� March 19, 2001 CITY OF TIGARD Larry Eisenberg OREGON Washington County 111 SE Washington MS 42 Hillsboro, OR 97123 RE: Requested Comprehensive Plan and Zone Ordinance Amendment at the Durham Quarry Site Dear Mr. Eisenberg: Staff has had the opportunity to review your requested zone change. After our initial review, it appears the following information is necessary before staff can continue processing the request: • Proof that the mailing labels used for the envelopes submitted were generated by the City of Tigard • Attachments listed as included in Exhibit G-2 (neighborhood meeting sign-in sheet, mailing lists, affidavits, etc.) Once these items are submitted, your application will be deemed complete. In addition, while not a completeness issue, it would be very helpful to have a copy of the narrative and attachments on disk. This will aid in the preparation of a timely staff report. Staff is assuming that the outstanding items will be submitted fairly quickly, therefore we have tentatively scheduled the Planning Commission hearing for May 7, 2001 and will go ahead and send the required DLCD notice based on this hearing date. If we have not received the required information by April 11th, however, we will be forced to postpone the Planning Commission hearing, which will, in turn, postpone the City Council hearing on this request. Please feel free to contact me at 639-4171 x336 if you have any questions regarding this letter or the application. Sincerely, ulia Powell Hajd Associate Planner C: Frank Angelo Angelo Eaton and Associates 620 SW Main Street, Suite 201 Portland, OR 97205 I:Irplan/julia/Durham Quarry lett.doc • 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 Feb 20 01 12: 15p "WO ERTON and RSSOCS 5.227-3679 P. 1 ANGELO EATON & Associate s FaX 620 SW Main Suite 201 Portland OR 97205 503-224-6974 503-227-3679- FAX To:'C74.1" /Sf1Z�IRi iv N From: fvt_O-Nt t")1°�i 1-l.` �� Firm:�`\-j , ; rn 7 io9 Date1(.j. 20 l' C� 1 Fax: cc)_�`'!-l(0 c(--?2i RE:aiir,ArteNV Lug LA_toaa-< Phone: Pages Z.,- ❑ Urgent ❑ For Review ❑Please Comment 1tYPlease Reply ❑ Please Recycle Qccct1 l c' G".0-A 1E1 l C fi. b 'ti ✓ mmt et:-S 5 lcwL ct . &- `a C( L1 f\-x. Feb 20 01 12: 15p RNCo EATON and RSSOCS 50411227-3679 p. 2 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT a•;l!-x•111 PLANNING DIVISION CtTYOFTIGARD Community rDeveCoptnent 13125 SW HALL BOULEVARD Shaping Better Community TIGARD, OREGON 97223 PHONE: 503-639-4171 FAX: 503-684-7297(Attn: Patty or Shirley/Planning) RQUESTi FQR 1 PBOPEE1Y. OWNR- MI:LI-NGLI .T• Proper ty owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): ." iyx WT .* 2 S 1 1 S A e 1 2,60 INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: 2- S er-c> (NOTE: A minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting, you should request 3 sets) NAME OF CONTACT PERSON: 2w-N114 tkiN PHONE: "Sd%- 2_2:7- 1(0674 This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE—TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* I * * COST FOR THIS REQUEST * * sheets of labels x$2/sheet = $8.00 x_2_ sets = $16.00 t_1 �,� sheet(s) of labels x$2/sheet = �_ x sets = _L sheets of labels x$2/sheet for CIT area x 1_sets = $4.00 ! sheet(s) of labels x$2/sheet for CIT area = $ 2- x sets = _ GENERATE LIST = $11.00 GENERATE LIST = $11�0t TOTAL = $31.00 TOTAL = $.-1 1 • CITY of TIGARD i • F \ GEOGRAPHIC INFORMATION SYSTEM 0OO 11� QQ�� s AREA NOTIFIED ' G N( 500') Ilklif 0 • All • I 2Si1afI00101 FOR: Frank Angelo 2s13000;000. RE: 2S 113AC, 01200 mr.„AT JiitmfhI"I5 ;:sliancolisoli:. , Er am.�IIIIIIII BOO, • :11h� L - •:d 281130000103 7B00+f 00` s., 130001000 - - RAU.� (F _ • 3000 Jf 2' 30000 00`"201130001100•' , * _ 1 ' Property owner information - i 2,i 3000� 00;` . � .' r^ - �''�`, •. ti. ,r '• " is valid for 3 months from ill . m T�i-■. ';i'< 0 the date printed on this map. '" -isnaaBlipoli " . • ''lsi1aB00a500 ` .s.p °IIIP!. i 11.K.....inwr :::: . '. ',- .. .113C11018'B ll ,t .'S ;-":)•::Y ..F . x� ?.=',', "V • �' SUBJECT SITE� I Z' a of ~:'- ;,{ :.,' _ `4 301111040,, s'• :.i,-„,,,,,,I;;,„.-;-,;,y;'_.:1:::-:T:,.i,;;;;,-,,:. , .; ,,, 4 *4.1 , 1 1111,/dieri■4Nof :','---.:'.'=-,-,,T,", :(,::-,.:.."•,:'-,.':-.1;7 I ill. k421:4016 MINI . II sV.11.E.fis, de ••• RIVENDELL DR '� ," P� 0 400 800 Feet III��, pr . 1"=519 feet - ,.,:) AOS •ilium ompi,�� SW BRIDGED. lie Ausurnailitio,iFtworfoilMirm City Amiaiii of Tigard I,-,�,�% - „� Information on this map is for general location only and ■ IP , should be verified with the Development Services Division. 13125 SW Hall Blvd Ile Tigard,OR 97223 (503)639-4171 ��._ L. itk, All■ k/A11__ http:IMAnay.ci.tiga d onus ....4 Community Development Plot date: Feb 20,2001;C:\magic\MAGIC03.APR • • . ANGELO <' EATON & Associates M E M O R A N D U M - _ TO: File FROM: Frank Angelo I DATE: June 30, 2000 (,t,AJ• FILE #: 010-003 RE: Durham Quarry Neighborhood Meeting _ • • Durham Quarry Neighborhood Meeting Summary Date: Thursday June 29, 2000 Time: 7:00pm Location: Tigard Fire Department, Station 51 8935 SW Burnham Road The meeting was conducted in accordance with Tigard's Neighborhood Meeting requirements. Twelve people were in attendance at the meeting. The sign-in sheet is attached to this summary. Presentation Frank Angelo and Larry Eisenberg provided an overview of the proposed plan amendment and zoning code text and map amendments being proposed for the 7.2 acres of the Durham Quarry site within Tigard city limits. The presentation noted that no specific development plan is being proposed for the site at the present time. The Durham Quarry site is owned by Washington County. The site is no longer used for quarry operations and the County has declared the property as surplus. The site totals 28.6 acres in size—21.4 acres are located within Tualatin city limits and 7.2 acres are located within Tigard city limits. Because the property is currently within two jurisdictions, the County has requested that both Tigard and Tualatin develop a consistent set of development standards and procedures in order to achieve a consistent development over the entire site. The County has been working with both Tigard and Tualatin to develop a Mixed-Use Commercial Land Use District that would be applied to the entire 28.6 acres. The Mixed-Use Commercial Land Use District is designed to allow a variety of land use types, including commercial, office and residential. • • 620 SW Main , Suite 201 Ph : 503 . 224 . 6974 Fax : 503 . 227 -3679 Land Use Planning Transportation Planning Project Management r A ° Memorandum-continued • Page 2 Tualatin has already taken steps to establish the Mixed-Use Commercial Land Use District within their Comprehensive Plan and Zoning Code. This new land use district will be applied to the 21.4 acres of the site within Tualatin. Washington County will be submitting an application to Tigard to apply the same Mixed-Use Commercial Land Use District to the 7.2 acres of the site within Tigard. Proposed Action Washington County (the applicant) will be submitting the following land use requests to Tigard to create the Mixed-Use Commercial Land Use District within the city's Comprehensive Plan and Zoning Code: • Comprehensive Plan Text Amendment to create the Mixed-Use Commercial Land Use District; • Comprehensive Plan Map Amendment to apply the Mixed-Use Commercial Land Use District on the 7.2 acres of the site within Tigard; • Zoning Code Text Amendment to create the Mixed-Use Commercial Land Use District and establish development and review standards for future development; and • Zoning Map Amendment to apply the Mixed-Use Commercial Land Use District on the 7.2 acres of the site within Tigard. Neighborhood Issues /Questions • Has ODOT done any study on the interchange and 72"d Avenue? • Does ODOT have any improvement plans identified in the area? • Are height limitations included in the code changes? • What are the County's plans in terms of selling the property? • How long does it take for fill material to settle in order to build on it? • Does the County anticipate that Tigard and Tualatin will agree on the zoning changes? • How does Durham feel about the zoning changes? Attachments 1. Neighborhood Meeting Sign-In Sheet 2. Neighborhood Meeting Letter 3. Notification Area 4. Notification Mailing List 5. Affidavit of Mailing 6. Affidavit of Posting 7. Neighborhood Meeting Handouts tAtitkt kv t ar4-K,,e Awte.A)wtEnTF' ATTENDANCE ROSTER MEETING DATE: 1;pe21.2ooD PLEASE PRINT! . NAME ADDRESS CITY, STATE ZIP CODE PHONE # r -jL 1L N e LD 42-z t, Si-..> wi*uv 4 co-T- Zu ?e rt".--'< ©"-' ' 7 2 b.c 6 20 '3&01oL . _L--aUvi- c t 1t( C C .c`•• 4- - jr/(5 4,---7., k_. G7 3� ‘1'` _7- PA c w- A vc4 ,- /°,5-2-0 ". T 'S"'` ,64Zlsbon �- et 7 f ,4 7-5 23g • .�� L ,�: S �:�-r_ roc��_.<<-fc. ! _`�' -;�; ;-;� _ ,�<� ;, `° ` _.ter `';;`�;. 'r" �, r- ,/5{_.:zlP�l �,.1� , 7i�-• _ � ,._,,4 vatR )le...v3 li 62-- 2,1(7' S77 N - :! .,c —,, . - ,›-f-3 cj .'7 `2 'hoc 2 -2_, c7 '`, 60 D W 1 irA(A I S 3 Sc� 5 w 5 ►a Fe-1CTL.vS- D 9---/Z -1 6-244---778-7 ' V�t- -z(0/ ecff- -a'� ,(..- `l-z Z,( C2_o -Sc/OF \-za)(5,-- 1-tt- 14 t '4,-- ' (--- *tr' • :„. ,77s-o Cs-wk 4- -- a..raL ?7,2-;2-41.-- 3? 6° z 00 .._)74}cle 647 ' /2/ s w oiv $' k A fe-r io 77 z o 4 Z73- o 3Z . g:Vorms197conwaylsipn In.doc • • • • AFFIDAVIT OF POSTING NOTICE WITHIN:SE'VEN(7).CALENDAR:_DAYS OF;THE:SIGN:POSTING RETURN THIS AFFIDAVIT TO::: <; • • A t 5 Y , do affirm that I am (represent) the party initiating • interest in a proposed ■txE.t USE CornMERL.t4L DtETIZAc- - affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) . TAx LOT# 2S 1t3Ac. aLZoo , and did on the 41"T-Ei day of Sup- E. 2aoo personally post notice indicating that the site may be proposed for a MIXED USL Cvw►AI e re-%Pr L bts1 ac.-r application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at • (state location you posted notice on property) • • Signature (I' presence of a Notary Public) • • (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the 8 day of , • • OFFICIAL SEAL .s?s TABITHA MC COY "t Nn" NOTARY COMMISSION PIO IC-0REGON eit J L /J . COMMISSION NO.32EI679 � cct���rSSON EXPIRES OCT,31,2003 NOTARY PUBLIC OF OREG N My Commission Expires: /as) 03 (Applicant, please complete information below for proper placement with proposed project) • I NAME OF PROJECT OR PROPOSED NAME:__ (TYPE OF PROPOSED I)EVEI,OPMENT:— Name of Applicant/Owner: I Address or General Location of Subject Property: LSubject Property Tax Map(s)and L.otit(s): -- _----------------_______— ----- h UoginlpattyVnastcrsla(fposlm5t • • AFFIDAVIT OF MAILING • STATE OF OREGON • ) • )ss. ' City of Tigard ) • • I, -R.:,,N r S.tiTH , being duly sworn, depose and say that on auN t cd , 2_Poo , 141 , I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) • -TAX Lo 1 251t3AtCO1 2OO a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said. persons and were deposited on the date indicated above in the United States Post • Office located at Lc4A-3-t0.v MD* 94 ZoS000 ZS AT ISIS JkAf Cvm/ VET Porlrt orrvo with postage prepaid thereon. Signature the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) . Zo Subscribed and sworn/affirmed before me on the 8 day of ' �,.1.. OFFICIAL SEAL ,«..-'`.::r;', TABITHA MC COY j . L ? r NOTARY PUBLIC-OREGON ^`4 COMMISSION NO.328€79 MY COMMISSION EXPIRES OCT.91,2G>> ,&—) .j , NOTARY PUBLIC OF OREGON • My Commission Expires: /0'31-C) 3 (Applicant, please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSE!) NAME: _ ---- _-__ 1 TYPE OF PROPOSED DEVELOPMENT: Name of Applicant/Owner: I Address or General Location of Subject Property: Subject Property Tax Map(s)and It ff(s): --- ----_— -- -- t b uoginNatty\ma5tcrstaffmad rust • • June 9, 2000 Washington County Facilities Mgmt-Admin. 150 N. First Ave Rm. B-7 Hillsboro, OR 97124 RE: NEIGHBORHOOD REVIEW MEETING PROSPOSED DEVELOPMENT: TO ESTABLISH AND APPLY MIXED USE COMMERCIAL DISTRICT TO TAX LOT#2S113AC01200 Dear Interested Party: Angelo Eaton &Associates is representing Washington County, the owner of the property located southeast of SW Findlay Street and northwest of the intersection of SW Bridgeport Road and SW 72nd Avenue. The site is on 7.2 acres, zoned I-P, and the tax lot identification is 2S113AC01200, more specifically shown by the attached map. We are considering a . proposal to establish and apply a mixed-use commercial district at this location. This will require the following actions: 1. Comprehensive Plan Text Amendment 2. Zoning Code Amendment 3. Comprehensive Plan Map Amendment 4. Zoning Map Amendment Prior to applying to the City of Tigard for these actions, we would like to take the opportunity . to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: June 29, 2000 at 7pm Tigard Fire Department, Station 51 8935 SW Burnham Rd. Tigard, Oregon 97224 Please note this meeting will be an informational meeting on preliminary conceptual plans. These plans may be altered prior to submittal of the application to the City. We look forward to more specifically discussing the proposal with you. Please feel free to call me at(503)227-3664 or fax me at(503) 227-3679 if you have questions. Sincerely, Frank Angelo, Principal Angelo Eaton &Associates Attachment- map _ _ ----1— 1 ______f_ \N _—Ir,,,,,/ z\P , . ' ,.5i, ‘4's(‘ 7— 1 _____4_4. 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I / /0 \ ,/ \ / 40' .„ 1 --- •,,„,,o \ , \.,- - i.i\--(\ . '—'14 *\ / Information on this map is for general location only and , 1---.1,,i)_ .A.Q,,,,I. i -1 REP1167r 1 . \ / \)- / • \ \>, i: / ----SWELMAN.V\NE—:7--.:=.-_-,-17.:12-..' L . _ 1—______ \ / 1 ' i Community brevelopment • . • • Durham Quarry Property Neighborhood Meeting Thursday, June 29, 2000 7:00pm Tigard Fire Department, Station 51 8935 SW Burnham Road Background Washington County owns the property known as the Durham Quarry (shown on `F `= C. --- — .1 8.6 acre site is located the figure). The 2 t L - ,; within both the cities of Tualatin (21.4 ! �;?15F-1 -j — --i' acres) and Tigard (7.2 acres). :i`^: ____� Washington County has been working =� ,. ; �— �. :. . 0' J'F with L,- both cities to develop a consistent set �;.; —,'' � p of land use policies and development = <<`- 1' ' `, I standards to guide future development on 7727 �- �- the property. The property is currently zoned General Commercial within Tualatin and Industrial Park within w=-'ir'~ �;' Tigard. :y' '` `' At the present time, no specific development plan is being proposed for the property. However. prior to the end of this year, Washington County will be requesting proposals from.parties interested in developing the 28.6 acres. Because the property is currently . within two jurisdictions, the County has requested that both Tigard and Tualatin develop a consistent set of development standards and procedures in order to achieve a consistent development over the entire site. Accordingly. the County has been working with both Tigard and Tualatin to develop a Mixed-Use Commercial Land Use District that would be applied to the entire 28.6 acres. The Mixed-Use Commercial Land Use District is designed to allow a variety of land use types, including commercial, office and residential. Tualatin has already taken steps to establish the Mixed-Use Commercial Land Use District within their Comprehensive Plan and Zoning Code. This new land use district Will he applied to the 21.4 acres of the site within Tualatin. Washington County will be submitting an application to Tigard to apply the same Mixed-Use Commercial Land Use District to the 7.2 acres of the site within Tigard. Durham Quarry Neighborhood Meeting June 29.2000 Proposed Action Washington County (the applicant) will be submitting the following land use requests to Tigard to create the Mixed-Use Commercial Land Use District within the city's Comprehensive Plan and Zoning Code: • • Comprehensive Plan Text Amendment to create the Mixed-Use Commercial Land Use District; • Comprehensive Plan Map Amendment to apply the Mixed-Use Commercial Land . Use District on the 7.2 acres of the site within Tigard; • Zoning Code Text Amendment to create the Mixed-Use Commercial Land Use District and establish development and review standards for future development; and • Zoning Map Amendment to apply the Mixed-Use Commercial Land Use District on the 7.2 acres of the site within Tigard. Process Washington County will file a Plan Amendment and Zoning Code Amendment application for review and consideration by the Tigard Planning Commission and City Council. The application will be filed this Summer 2000. A public hearing will be held by the Tigard Planning Commission (Fall 2000) to consider the application. Public notice of the Planning Commission hearing will be provided. • • • i . Durham Quarry Neighborhood Meeting June 29,2000 • `�� Y • • S t The Durham Quarry: `' ` ti, What's It's Future? Y4�: �.':;�.i#�"d'^_:A box... k h` Ste. Y ` , , f A Community Meeting June 29, 2000 x ,,s,:t. t 1 =.,4 ' 4 Background I , : ® County property adjacent to Durham Exit on '! ' .- , E¢, • Provided gravel for County roads• .. ^ 411'' ® Being refilled by private contractor s • 28 acres: n " 21 acres zoned commercial in City of Tualatin r4--,1 ',; 7 acres zoned industrial in City of Tigard County exploring possible development, � ` t lease or sale scenarios f_:al t • 1 County Goals for the property: 1 . Securing maximum long-term value for a: County taxpayers 2. Development consistent with local and regional land use objectives x.33.%"§ jti Why A Zoning C =� .. hange? -L,,, • 1998 appraisal: $11 million (current zoning) , • Recent economic analysis: value increases =fw _ to $15-$25 million if industrial land re-zoned to commercial ® Higher value due to Limited supply of commercial property Proximity to 1-5 Interchange Proposal: rezone all 28 acres to mixed- use commercial 2 •, • • What's The Timeline? 1:: 14:1;: k, . F °`.t„ #!tlii 0 Mid-July Agenda item to Board of : ,Vy Commissioners authorizing request for ,t.;F, proposal process ' . `_v., o Mid-August Release request for proposal document r c` to development community t 0 Fall Tigard Council action on zoning request y'N 0 Mid-November Proposals received from interested development teams L : 0 January 2001 Recommendation to Board of Commissioners on award - s j 0 Spring, 2001 Development review process by City of Tualatin 0 Summer 2001 Private construction could begin on v initial phase f. Note:This is a best case"schedule to ' a, u r t: 1 . 1 What kind of development might occur? 1 '. • High-end retail +VI i " 'T • Office towers 4.k, 1 • Movie theater . 4 ; • Structured parking I underground parking i • Possible road realignments ,., f' j • Expanded Park and Ride capability ,-I =3 u o No big boxes xei • "Northwest 23rd Feel" -t' _ ' • Pedestrian friendly 3 • • 0 1 ; l' t¢, How can I stay informed and influence 3. rt ;. ' "qfr , n the decision? ' • Neighborhood meeting tonight • ' Washington County Board of Commissioners r., .-1-. s r; meetings ':' f` 4 • Tigard City Council meetings ' a Tualatin City Council meetings '``" t • County Staff (846-8715) } fir' Larry Eisenberg h` Teresa Wilson "`'I s • Invite us to a neighborhood meeting ', ,. • Watch Washington County Web Site -='t`? ._ (www.co.washington.or.us) 4 ' • • ATTACHMENT 1 • 'r I. _ = Washington County • r•1=�i ,T.• : •:•r.: ,.. DURHAM QUARRY MIXED USE DEVELOPMENT i Application for Text and Map Amendments to The City of Tigard Comprehensive Plan And Tigard Development Code 1 SUBMITTED TO THE CITY OF TIGARD Prepared by: Fi O''EA r Angelo Eaton & Associates 1 620 SW Main, Suite 201 Portland, Oregon 97205 February 26, 2001 I 1 • • 1 Durham Quarry Mixed Use Development Application for Text and Map Amendments to The City of Tigard Comprehensive Plan and Tigard Development Code TABLE OF CONTENTS �. I. Application Summary 1 II. Background Information 4 III. Conformance with Applicable City of Tigard Criteria for Legislative Amendments 8 IV. Conformance with Applicable City of Tigard Criteria for Quasi-Judicial Amendments 10 V. Compliance with Comprehensive Plan Policies 12 VI. Metro Urban Growth Management Functional Plan Compliance 16 VII. LCDC Statewide Planning Goals and Findings 19 1 Exhibit A: Proposed Tigard Comprehensive Plan Text Amendments Exhibit B: Proposed Text Amendments to the Tigard Development Code, Chapter 18.520, Commercial Zoning Districts Exhibit C: Proposed Text Amendments to the Tigard Development Code ,proposed new Chapter 18.640,Durham Quarry Design Standards Exhibit D: Tigard Comprehensive Plan Map Amendments ' Exhibit E: City of Tigard Zoning Map Amendments Exhibit F: Traffic Impact Assessment from DKS Exhibit G: Neighborhood Meeting Materials I I I • • I. APPLICATION SUMMARY PROPOSAL: A request for approval of the following Comprehensive Plan and Development Code amendments within the area known as the Durham Quarry. Type IV Legislative Amendments • Amend the text of the Comprehensive Plan to reflect the new Mixed Use Comprehensive Plan District on the Durham Quarry site, including amending the Mixed Use Comprehensive Plan District created as part of the Washington Square amendments. • Amend the text of the Tigard Development Code,Chapter 18.520, Commercial Zoning District,to include a new base zone(MUC-1) specifically limited to the Durham Quarry Site and tied to the Durham Quarry Design Standards(18.640). • Amend the text of the Tigard Development Code to include a new chapter entitled Durham Quarry Design Standards(Chapter 18.640), which is based on Tualatin's Mixed Use Overlay. • Amend the City of Tigard Comprehensive Plan map to change the area of the Durham Quarry site from Light Industrial to Mixed Use Commercial. Type III-PC Quasi-Judicial Map Amendment • Amend the Tigard Zoning District Map to change the Durham Quarry site from Industrial Park(I-P)to Mixed Use Commercial— 1 (MUC- 1). Attached are the proposed amendments to the Tigard Comprehensive Plan and Development Code necessary to implement the Durham Quarry development plans. Proposed amendments to the following documents are attached as follows: ♦ Exhibit A: Tigard Comprehensive Plan Text Amendments ♦ Exhibit B: Tigard Development Code,Chapter 18.520, Commercial Zoning District Amendments ♦ Exhibit C: Tigard Development Code Amendments,proposed new Chapter 18.640,Durham Quarry Design Standards ♦ Exhibit D: Tigard Comprehensive Plan Map Amendments ♦ Exhibit E: City of Tigard Zoning District Map Amendments 1. ♦ Exhibit F: Traffic Impact Assessment(DKS) ♦ Exhibit G:Neighborhood Meeting Materials t Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 1 February 26,2001 • • OWNER/ Washington County APPLICANT: Larry Eisenberg,Facilities Manager 111 SE Washington MS 42 Hillsboro,Oregon 97123 Phone: 503-846-4474 FAX: 503-846-4851 Email: fairy_eisenberg(iIco.washington.or.us APPLICANT'S Frank Angelo REPRESENTATIVE: Angelo Eaton&Associates 620 SW Main Street, Suite 201 Portland,OR 97223 Phone: 503-227-3664 FAX: 503-227-3679 Email: fangelo(cuangeloeaton.ocm COMPREHENSIVE Light Industrial PLAN DESIGNATION: ZONING Industrial Park DESIGNATION: LOCATION: The area is bounded generally by 72nd Avenue on the east,Findlay Street on the north,the Tigard/Tualatin city limits on the south,and the Tigard/Durham city limits on the west. (See Figure 1,Vicinity Map) APPLICABLE • Comprehensive Plan Policies 1.1.1,2.1.1, 1.1 p , 6. , 8.1.1., 8.2.2, 9.1.1, 12.1.1, REVIEW CRITERIA: and 12.2.1; • Community Development Code Chapter 18.380.030, 18.390.050, 18.390.060,and 18.390.060(G); • Statewide Goals 1-19 and Oregon Administrative Rule 660-12-060. s /® I I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 2 February 26,2001 1 • • I Figure 1: Vicinity Map 1 , Z + I\; � FS�� � I f� x ( `( b Tigard w�� FOSSERI I D sr McDONAL.D Sr ,4 KR USE o DR m ISubject J �bject Site , �" 4c, IDURHAM RD x t J �.s EA ' i /i , -_''' Durh • UALATIN I RD is N I I I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 3 February 26,2001 • • II. BACKGROUND INFORMATION Washington County owns the Durham Quarry site at the northwest corner of SW Bridgeport Road and SW Lower Boones Ferry Road(See Figure 1,Vicinity Map). The site is approximately twenty-nine acres and the County has declared it surplus and will sell it,or lease it on a long term lease,to a developer.The County desires to obtain good market value and desires quality development on the site. The cities of Tualatin and Tigard desire quality development on the site and a clear and consistent development review process. Of the approximately twenty-nine acres,approximately twenty-one acres are in the City of Tualatin and approximately eight are in the City of Tigard. Two general issues exist because the property is in two cities. First,Washington County and the two cities anticipate prospective developers will prefer to not deal with two cities and two different sets of development standards. Second,the County and the cities desire a mixed-use type of commercial development(retail,office,residential,personal services,business services). To address these issues the County and the two cities are working together to provide one reviewing agency 1 and one set of standards that can achieve a mixed use development approach for the twenty-nine acre area. The first issue(multiple jurisdictions)will be addressed by an Intergovernmental Agreement(IGA) between Tualatin and Tigard to allow Tualatin to review and decide all land use applications and building permit applications for the entire site.The second issue(mixed uses)will be addressed by placing compatible mixed-use commercial planning districts on the twenty-one and eight acre areas. The City of Tualatin recently adopted a new Chapter in the Tualatin Development Code(TDC)to allow mixed use commercial development on the twenty-one acres within its city limits. Other issues exist,but they will be addressed separately.For example,transportation improvements and issues in the area will be addressed more specifically when a development proposal is prepared. The County,Tualatin and Tigard have been 111 working with ODOT,Tri-Met and the City of Durham on these issues. Currently,the eight acres in Tigard are zoned Industrial Park which does not allow mixed use commercial development with a Comprehensive Plan designation of Light Industrial. The City of Tigard has asked Washington County(the property owner)to apply to change Comprehensive Plan designation from Light Industrial to Mixed Use Commercial and the zone from Industrial Park to a Mixed Use Commercial Zone. The City of Tigard's action on this application will provide for a compatible set of regulations(Mixed Use Commercial)on the remaining eight acres. Comparison of Existing Zoning with Proposed Zoning- Uses As shown in Table 1,on the following page,the current Industrial Parking(IP)zoning on the site allows many of the same uses that would be allowed by the proposed Mixed Use Commercial(MUC-1)zoning, including offices,commercial lodging,indoor entertainment and some retail. The MUC-1 zoning primarily differs from the IP zoning by allowing multi-family residential and a wider range of retail and community- support facilities and by prohibiting light industrial uses. 1 I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 4 February 26,2001 I • • ITable 1 Summary Comparison of IP and MUC-1 Uses IUSE CATEGORY I-P MUC-1 RESIDENTIAL Household Living R-allows for caretaker or kennel P-25 to 50 dwelling units per owner/operator residence acre Group Living N C I Transitional Housing N C Home Occupation N P I CIVIC(INSTITUTIONAL) Basic Utilities C C Colleges N C I Community Recreation N N Cultural Institutions N P Day Care R-may not exceed 20%of the entire P square footage and uses must not I exceed 60,000 square feet. Emergency Services P P Medical Centers N C I Postal Service P P Public Support Facilities P P Religious Institutions N C 6 Schools N C Social/Fraternal Clubs/Lodges N P COMMERCIAL I Commercial Lodging P P ,�, Eating and Drinking R-may not exceed 20%of the entire P Establishments square footage and uses must not I exceed 60,000 square feet Entertainment-Oriented ♦ Major Event Entertainment N C ♦ Outdoor Entertainment P N _ ♦ Indoor Entertainment P P • Adult Entertainment N N I General Retail • Sales-Oriented R-may not exceed 20%of the entire P square footage and uses must not exceed 60,000 square feet I • Personal Services R-may not exceed 20%of the entire P square footage and uses must not exceed 60,000 square feet • Repair-Oriented P R-60,000 square feet or less • Bulk Sales N R-60,000 square feet or less ♦ Outdoor Sales N N • Animal-Related P P Motor Vehicle Related - ♦ Motor Vehicle Sales/Rental N N ♦ Motor Vehicle C R Durham Quarry Mixed Use Development Angelo Eaton& Associates iApplication for Text and Map Amendments 5 February 26,2001 I • • IUSE CATEGORY I-P MUC-1 II Servicing/Repair ♦ Vehicle Fuel Sales P C Office P P Self-Service Storage P N INon-Accessory Parking P P INDUSTRIAL . I Industrial Services N N Manufacturing and Production N ♦ Light Industrial P N ♦ General Industrial N N ♦ Heavy Industrial N N Railroad Yards N N I Research and Development P R Warehouse/Freight Movement N N Waste-Related N N Wholesale Sales R N I OTHER Agriculture/Horticulture P N I Cemeteries N N Detention Facilities C N Heliports C N 1 Mining N N Wireless Communication P/R P/R Facilities Rail Lines/Utility Corridors P P IOther NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted I IComparison of Existing Zoning with Proposed Zoning—Development Standards The proposed standards for MUC-1 are comparable to those proposed for that portion of the site that is within the City of Tualatin, and thus will allow the site to develop as a single, consistent project. The standards for MUC-1 will allow for a more compact, urban environment than would be allowed under the existing IP zoning. Table 2,on the following page,provides a summary comparison of the proposed MUC- I 1 standards and the existing IP standards. It should be noted that development under the IP standards could be intensified using existing exception language and/or Planned Development rules. I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates IApplication for Text and Map Amendments 6 February 26,2001 I • • I DEVELOPMENT STANDARDS IN IP AND MUC-1 ISTANDARD I-P MUC-1 IMinimum Lot Size None None Minimum Lot Width 50 ft. None I Minimum Setbacks - Front yard 35 ft. None -Side facing street on corner& Ithrough lots[1] 20 ft. None -Side yard 0/50 ft. None I - Rear yard 0/50 ft. [ None -Distance between front of garage & property line abutting a public or private street — None Maximum setbacks None Except as determined in the Architectural Review process, maximum building setbacks are: Commercial: 10 feet front and streetside; 0 interior side and rear, except when the side and rear abut a residential district it is 20 feet. Residential: 20 feet front; 0 rear and interior side,except when the side and rear abut a residential district it is 20 feet; I20 feet streetside. Maximum height 45 ft. 70 ft. I Minimum building height None Except for theaters and cinemas which can be one story, 20 feet Maximum Site Coverage [2] 75% None for non-residential. The maximum I density for residential-only projects is 50 dwelling units per net acre. Minimum FAR/Density None For non-residential development and mixed use development which includes a I residential component is 0.50. The minimum density for residential-only projects is 25 du per net acre. There is I no minimum FAR for residential-only projects. Maximum Landscape Requirement 25 % [Detailed standards] I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 7 February 26,2001 • • CONFORMANCE WITH APPLICABLE CITY OF TIGARD CRITERIA FOR LEGISLATIVE AMENDMENTS The applicant requests that the proposed text amendments to the Comprehensive Plan and Community Development Code and the proposed amendment to the Comprehensive Plan map be processed as a Type IV procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Chapter 18.390.060 establishes procedures for consideration of legislative and quasi-judicial changes to the provisions of the Comprehensive Plan, implementing ordinances and maps. Section 18.390.060(G) lists the ' factors upon which the Planning Commission and City Council shall base their decisions. These are addressed below. 1 18.390.060 Type IV Procedure A. Pre-Application conference. Response: As required by this section a Pre-Application conference was with City staff in accordance with the requirements and procedures of Section 18.390.080C. C. Application requirements. Response: A completed Type IV application form is included with this submittal package. The application includes the required information including 18 copies of the narrative addressing the appropriate criteria. The required fee has been submitted. In addition, a neighborhood meeting was held on June 29, 2000 at the Tigard Fire Department, Station 51, 8935 SW Burnham Road, to present an overview of the proposed amendments to the community in accordance with the City's neighborhood meeting requirements. A summary of the meeting and affidavits of mailing and posting are included in Exhibit G. D. Notice of hearing. Response: This land use action involves legislative and quasi-judicial amendments therefore, as per Type IV procedures two hearings one before the Planning Commission and one before the City Council shall be held.Notice of the hearing will be provided in accordance with Tigard's notification requirements. G. Decision-Making Considerations: The recommendation by the Commission and the decision by the Council shall be based on the following factors: 1. The Statewide Planning Goals and Guidelines adopted under the Oregon Revised Statutes Chapter 197; ' Response: The proposed amendments comply with all applicable Statewide Planning Goals and Guidelines. Compliance with the Goals is addressed in Section VII of this application. 1 Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 8 February 26,2001 • • 2.Any federal or state statutes or regulations found applicable; Response: Compliance with the State's Transportation Planning Rule is addressed in Section VII of this application. ' 3. Any applicable METRO regulations; Response: The proposed amendments comply with all applicable METRO regulations. Compliance with the Metro Functional Plan is addressed in Section VI of this application 4. Any applicable comprehensive plan policies;and tResponse: The proposed change is consistent with all applicable plan policies (See Sections V). Additionally,since the existing Light Industrial Comprehensive Plan designation was applied to the site,the 1 quarry operation has ceased, thereby resulting in a change in circumstances affecting the property. The cities of Tigard and Tualatin have been working with Washington County to identify an appropriate mix of uses for the site and have agreed to work together to help encourage a high quality, mixed use development ' on the site. S.Any applicable provisions of the City's implementing ordinances. Response: The applicable implementing ordinances contained in the Tigard Community Development Code are addressed in this section of the application. r t 1 I I I I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 9 February 26,2001 1 • • ' IV. CONFORMANCE WITH APPLICABLE CITY OF TIGARD CRITERIA FOR QUASI-JUDICIAL AMENDMENTS 1 The applicant requests that the proposed amendment to the Zoning District Map be processed as a Type III PC procedure. Type III-PC procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III-PC actions are decided by the Planning Commission, with appeals to or review by the City Council. 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map In accordance with 18.380.030, Quasi-Judicial Amendments and Procedures to this Title and Map, a quasi- "' judicial zoning map amendment 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 D below. 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. 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: 1 Demonstration of compliance with all applicable comprehensive plan policies and map designations; Response: As described above the proposed change is consistent with all applicable plan policies. The proposed amendment to the Zoning District Map (Exhibit B) will occur concurrently with the amendment of the Comprehensive Plan map from Light Industrial to Mixed Use Commercial, thus the proposed zoning amendments will be compliant with the Comprehensive Plan Map amendment. Compliance with the applicable Comprehensive Plan policies is addressed in Section V of this application. ' 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and Response: The proposed amendments are compliant with the applicable standards of this code and other applicable implementing ordinances. The applicable standards of this code are addressed in this section of the application. Section VI of this application addresses compliance with the titles of the Metro Urban Growth Management Functional Plan and the Regional Transportation Plan. Section VII of this application address compliance with the Statewide Planning Goals and the Transportation Planning Rule. 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. ' Response: Since the existing Industrial Park zoning was applied to the site, the quarry operation has ceased and Washington County has declared the property surplus, thereby resulting in a change in circumstances affecting the property. The cities of Tigard and Tualatin have been working with Washington County to identify an appropriate mix of uses for the site and have agreed to work together to help encourage a high quality,mixed use development on the site. I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 10 February 26,2001 • • 1 18.390.050 Type III Procedure A. Pre-Application conference. A Pre-Application conference is required for all Type III actions. The requirements and procedures for a Pre-Application conference are described in Section 18.390.080C. Response: As required by this section a Pre-Application conference was held with City staff in accordance with the requirements and procedures of Section 18.390.080C. B. Application requirements. 1. Application forms. Type III applications shall be made on forms provided by the Director as ' provided by Section 18.390.080 El; Response: A completed application form is included as part of this application. 2. Content. ' Response: A completed application form is included as part of this application. The relevant criteria have been addressed in sufficient detail for review and action. The required fee has been paid. Two sets of pre-stamped, pre-addressed envelopes have been provided for all persons who are property owners of record as specified in Section 18.390.050C. An impact study is not included with this application because no specific development is proposed at this time. However, the transportation impacts of the proposed amendment have been addressed pursuant to the requirements of the Transportation Planning Rule. In addition, a neighborhood meeting was held on June 29,2000 at the Tigard Fire Department, Station 51, 8935 SW Burnham Road,to present an overview of the proposed amendments to the community in accordance with the City's neighborhood meeting requirements. A summary of the meeting and affidavits of mailing and posting are included in Exhibit G. C. Notice of hearing. 1 1. Mailed notice. Response: Notice of the Type III hearing will be provided in accordance with Tigard's notification requirements. r i I i 1 Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 11 February 26,2001 ' • • V. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES General Policies:Policy 1.1.11(a)requires that legislative changes are consistent with statewide planning goals and the regional development plan. ' Response: The proposal is consistent with statewide planning goals as addressed above under 'Statewide Goals'. The proposal conforms with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was approved for adoption on October 24, 1996, by the Metro Council (See Section VI of this application which addresses Metro Urban Growth Management Functional Plan Compliance). Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement ' program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Response: The Planning Commission and City Council hearings will be legally advertised. Notice will be sent to property owners within 500' of the subject property to ensure that they will have the opportunity to learn about the hearing and to participate in it. In addition, a neighborhood meeting was held on June 29, ' 2000 at the Tigard Fire Department, Station 51, 8935 SW Burnham Road, to present an overview of the proposed amendments to the community in accordance with the City's neighborhood meeting requirements. A summary of the meeting and affidavits of mailing and posting are included in Exhibit G. ' Housing:Policy 6.1.1 requires the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. iResponse: This policy is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires that the City maintain sufficient residential buildable land to provide the opportunity for at 1 least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. The City is currently in compliance with this rule. The proposed Durham Quarry Mixed Use Commercial zoning will allow new multi-family developments and will therefore ' increase the supply of land available for multi-family housing. The current Industrial Park zoning only allows individual caretaker dwellings. Transportation:Policy 8.1.1 requires the City to plan for a safe and efficient street and roadway system ' that meets current needs and anticipated future growth and development Response: As noted in Exhibit F, the change from Industrial Park to Mixed Use Commercial-1 will not ' significantly impact the City of Tigard's street system. Transit:Policy 8.2.2: The city shall encourage the expansion and use of public transit by: ' A.Locating land intensive uses in close proximity to transitways; ' Response: The Durham Quarry mixed use development will allow the development of more intense land uses in close proximity to existing bus lines on 72nd Avenue and on Lower Boones Ferry Road. As well,the site is within one-half mile of the Tualatin Park-and-Ride lot. Durham Quarry Mixed Use Development Angelo Eaton& Associates 111 Application for Text and Map Amendments 12 February 26,2001 • • B. Incorporating provisions into the community development code which require development proposals to provide transit facilities;and ' Response: The existing development code addresses the provision of transit facilities,thus required facilities will be provided when development is proposed on the site. C. Supporting efforts by TRI-MET and other groups to provide for the needs of the transit disadvantaged Response: The City of Tigard, together with the City of Tualatin and Washington County, will continue to work with Tri-Met on issues of the transit disadvantaged. iEnergy: Policy 9.1.1: The city shall encourage a reduction in energy consumption by increased opportunities for energy conservation and the production of energy from alternative sources. rResponse: Allowing mixed use development on the Durham Quarry site will encourage reduction in energy consumption by allowing the opportunity for housing to be located in close proximity to jobs and transit. Locational Criteria:Policy 12.1.1: The city shall provide for housing densities in accordance with: ' a. Applicable Plan Policies; Response: The proposed Durham Quarry mixed-use zone(MUC-1)will allow high-density residential. b. Applicable Locational Criteria; 4.Medium-High Density and High Density Residential A. The following factors will be the determinants of the areas designated for high density on the plan map: (1) Areas which are not committed to low density development; ' Response: The Durham Quarry site is not committed to low density development. (2) Areas which can be buffered from low density residential areas in order to maximize the privacy ' of established low density residential areas; Response: Neighboring uses include a mix of office and residential in the City of Durham to the west, commercial to the east, light industrial to the north, and the remainder of the Durham Quarry site in Tualatin to the south. The existing development code has buffering standards. (3) Areas which have direct access from a major collector or arterial street; Response: The Durham Quarry site will have direct access via Bridgeport Road and/or 72nd Avenue. ' Specific access points will be determined at the time of development review and will be determined based on a traffic analysis. Durham Quarry Mixed Use Development Angelo Eaton& Associates 111 Application for Text and Map Amendments 13 February 26,2001 ' • • (4)Areas which are not subject to development limitations; ' Response: There are no known streams,wetlands, steep slopes,areas of high ground water or other areas which might be subject to development limitations on this site. However, should such areas be identified through the development process,the existing Tigard Development Code addresses issues of site ' development limitations. (5)Areas where the existing facilities have the capacity for additional development; Response: As described Exhibit F,the proposed rezoning from IP to MUC-1 will not significantly impact the City of Tigard's street system. In general,mixed-use development can benefit the transportation system ' by reducing the overall number of trips by providing more opportunities for employment and retail activities on the site. Any proposed development on the site would necessarily provide transportation improvements sufficient to support proposed new development and land use densities. Water, sewer and stormwater facilities are or will be available to the site when development is proposed. (6) Areas within one-quarter mile of public transit; Response: Existing bus lines serve this area via 72nd Avenue and Lower Boones Ferry Road. (7) Areas within one-quarter mile from neighborhood and general commercial shopping centers or business and office centers;and Response: Neighborhood and general commercial shopping, business and office centers will likely be ' located on the Durham Quarry site,together with any proposed multi-family residential. (8) Areas adjacent to either private or public permanent open space. ' Response: The Durham City Park is the closest park to the site. ' B. The following factors will be determinants of the density ranges allowed in the medium-high and high density planned areas should the City adopt more than one, high density zone: (1) The topography and natural features of the area and the degree of possible buffering from established low density residential areas; ' Response: Given the topography, natural features and degree of possible buffering from established low- density residential areas,the Durham Quarry site is well suited to the proposed density of 25 to 50 units per acre. (2) The capacity of the services; Response: Given the capacity of available services, the Durham Quarry site is well suited to the proposed density of 25 to 50 units per acre. (3) The distance from public transit;and Response: Existing bus lines serve this area via 72nd Avenue and Lower Boones Ferry Road. Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 14 February 26,2001 ' • • (4) The relationship of the site to existing neighborhood and general commercial centers and office and business centers. ' Response: Given the relationship of the site to existing neighborhoods and the potential for the on-site development of commercial centers and office and business centers, the Durham Quarry site is well suited to the proposed density of 25 to 50 units per acre as part of the overall mixed-use development. Policy 12.2.1 New commercial zones 111 A. Provide for commercial development based on the type of use,its size and required trade area Response: The new mixed use commercial zone (MUC-1) will not differ significantly from existing commercial uses in the City plan and code, except that it will allow a mix of commercial and residential development. In addition, the proposed design standards for MUC-1 will provide for a higher intensity, pedestrian-and transit-oriented development. ' B. Apply all applicable plan policies ' Response: Exhibit A is the attached plan policies that will be added to the City's plan regarding the new Mixed-Use Commercial area. C. Apply the appropriate locational criteria applicable to the scale of the project. Response: Exhibit A is the attached plan policies that will be added to the City's plan regarding the new Mixed-Use Commercial areas. PROVISION OF ADDITIONAL OR REVISED COMPREHENSIVE PLAN LANGUAGE ' Certain Comprehensive Plan language will require amendment or additional language to address the proposed Durham Quarry Mixed Use Development. Exhibit A includes the specific language from the ' Comprehensive Plan that requires amendment. 1 I 1 Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 15 February 26,2001 ' • • ' VI. METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN COMPLIANCE ' Title 8, Section 3.A. of Metro's Urban Growth Management Functional Plan (Functional Plan) requires all plan amendment and zone change proposals to be consistent with the Functional Plan. This section ' addresses the proposal in light of Functional Plan requirements. The following analysis reviews the applicable portions of the Functional Plan and demonstrates how this proposal is consistent with the purpose and requirements of the Functional Plan. ' Title 1—Requirements for Housing and Employment Accommodations ' Functional Plan policies in Title 1 seek ways to increase the capacity within the urban growth boundary, such as changing local zoning to accommodate development at higher densities in locations supportive of the transportation system. Response: The proposed amendments, by allowing mixed use development, including multi- family residential at densities of 25 to 50 dwelling units per acre, are supportive of the intent of ' Title 1. Title 2—Regional Parking Policy To meet state TPR requirements to reduce new parking spaces and vehicle miles traveled in the region. Excessive parking requirements can result in less efficient land use; therefore, Metro's Table 2 requires limits on the minimum and maximum number of parking spaces. Response: The site includes both Parking Zone A and Zone B. The City's existing standards for ' off-street parking (Chapter 18.765) will continue to apply to this site. These standards address the minimum and maximum number of parking spaces allowed in Zone A and Zone B. • ' Title 3— Water Quality, Flood Management,and Fish/Wildlife Habitat Conservation Protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas. Establish buffer zones around resource areas to protect from new development. ' Response: A small portion of the southwest corner of the site appears on Metro's Title 3 map as a wetland area. This portion of the site included quarry operations and has been disturbed. Tigard's Wetland s and Riparian Setback Map, however, does not indicate the presence of any wetlands or resources on the site. Issues related to Title 3, if any, will be addressed during future development review actions. ' Title 4—Retail in Employment and Industrial Areas This title restricts some types of commercial development in designated Employment and Industrial ' Areas. The Title 4"Employment and Industrial Areas Map" designates the Durham Quarry site as an"Employment Area". This designation requires that the City amend its comprehensive plans and implementing regulations, if necessary, to require a process resulting in a land use decision for any I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 16 February 26,2001 ' • • ' retail uses larger than 60,000 square feet of gross leasable area per building or business on those lands where such uses are currently allowed by any process. The standards for the land use decision to allow any such retail uses shall require: (1) a demonstration in the record that transportation facilities adequate to serve the retail use, consistent with Metro's functional plans for transportation, will be in place at the time the retail use begins operation; and (2) a demonstration that transportation facilities adequate to meet the transportation need for the other planned uses in the Employment Areas are included in the applicable comprehensive plan provisions. ' Response: The proposed MUC-1 zoning district would permit "bulk sales" and "repair-oriented" commercial uses provided the use is no larger than 60,000 square feet of gross floor area per building or business. The adequacy of transportation facilities to meet the transportation needs of the proposed development, as well as other planned uses in the Employment Area, will be addressed at the time of development review for those retail uses that may be greater than 60,000 square feet. Title 5—Neighbor Cities and Rural Reserves The intent of this title is to clearly define Metro policy with regard to areas outside the Metro Urban Growth boundary. Response: This proposal does not involve any areas outside the Metro urban growth boundary and ' therefore this title of the Functional Plan is not applicable. Title 6—Superceded by the Regional Transportation Plan The street designs generally form a continuum; a network of throughways (freeway and highway designs) emphasize auto and freight mobility and connect major activity centers. Slower speed boulevard designs within concentrated activity centers balance the multi-modal demands for each mode of transportation within these areas. Street and road designs complete the continuum, with multi-modal designs that reflect the land uses they serve, but also serving as moderate-speed vehicle connections among activity centers that complement the throughway system. Response: As described Exhibit F,the proposed rezoning from IP to MUC-1 will not significantly impact the City of Tigard's street system. In general, mixed-use development can provide a synergistic benefit to the transportation system by reducing the overall number of trips. Any proposed development on the site would necessarily provide transportation improvements sufficient to support proposed new development and land use densities. Title 7—Affordable Housing This Title identifies tools to improve the availability of affordable housing and to encourage manufactured housing in order to address the need for each jurisdiction to accommodate its "fair share"of affordable housing. Response: This requirement is addressed by the City of Tigard through its policies on affordable housing. Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 17 February 26,2001 ' • • I Title 8—Compliance Procedures This title requires that amendments made to the City's Comprehensive Plan must be consistent with the requirements of the Functional Plan. 1 Response: This section of the application addresses this requirement by demonstrating how the proposal is consistent with the requirements of the Functional Plan. ' Title 9—Performance Measures ' This title establishes performance measures for the implementation of the Functional Plan. Response: This title does not apply directly to local jurisdictions. Title 10—Functional Plan Definitions This title provides definitions for use in the Functional Plan. Response: This title does not apply directly to the application. Title 11— Urban Growth Boundary Amendment Urban Reserve Plan Requirements Response: This proposal does not involve any areas outside the Metro urban growth boundary and ' therefore this title of the Functional Plan is not applicable. I I 1 I 1 Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 18 February 26,2001 ' • • VII. LCDC STATEWIDE PLANNING GOALS AND FINDINGS A comprehensive plan amendment application must address LCDC's Statewide Planning Goals to ensure consistency with those goals. The following provides findings that demonstrate that this plan amendment request is consistent with LCDC's Goals. ' Goal 1: Citizen Involvement Response: Public notice for the hearing on this application will be provided through the City of Tigard's notification procedures. The public will have an opportunity to review the application and staff report in advance of the public hearing and provide testimony at the hearing. Goal 2: Land Use Planning Response: This goal requires, in part, that adopted comprehensive plans be revised to take into account changing public policies and circumstances. This goal is met because the City has applied all relevant Statewide Planning Goals, City Comprehensive Plan policies and Community ' Development Code requirements in the review of this proposal. Goal 3: Agricultural Lands Response: This goal is not applicable to this application. Goal 4: Forest Lands ' Response: This goal is not applicable to this a pp lication. Goal 5: Open Spaces,Scenic and Historic Areas,and Natural Resources Response: There are no adopted significant natural areas or scenic or historic areas identified in the City's Comprehensive Plan on the subject property. Goal 6: Air, Water and Land Resources Quality ' Response: There are no significant air, water or land resource quality issues associated with this proposal. Goal 7: Areas Subject to Natural Disasters and Hazards Response: There are no adopted significant natural hazard areas identified in the City's Comprehensive Plan on the subject property. Goal 8: Recreational Needs Response: The site is not identified by the City of Tigard's Comprehensive Plan as a recreational resource. Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 19 February 26,2001 • Goal 9: Economic Development ' Response: This goal requires the provision of adequate opportunities for a variety of economic activities. This goal has been met because the proposed amendments will promote opportunities of a variety of economic activities vital to the health, welfare and prosperity of Tigard citizens. The mix of uses allowed by the proposed amendments is intended to encourage a diversity of development. ' Goal 10: Housing Response: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, ' type and density. This goal has been met because the proposed MUC-1 zone will allow multi- family residential development at a minimum of 25 units per acre and a maximum of 50 units per acre. The existing IP zone does not allow opportunities for residential development in conjunction ' with commercial and office development. Goal 11: Public Facilities and Services ' Response: Public facilities to the subject property are available and adequate. There would be no substantial difference on the anticipated level of demand for public services if the site developed as mixed-use commercial or under the current Industrial Park designation. Any public facilities improvements will be addressed during the development review phase for this site. ' Goal 12: Transportation and the Transportation Planning Rule Response: This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule(TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. As described Exhibit F, the ' proposed rezoning from IP to MUC-1 will not significantly impact the City of Tigard's street system. In general, mixed-use development can provide a synergistic benefit to the transportation system by reducing the overall number of trips. Any proposed development on the site would necessarily provide transportation improvements sufficient to support proposed new development and land use densities. Goal 13: Energy Conservation Response: Development of the site as a mixed use commercial center will provide shopping ' opportunities in close proximity to residential areas and assist in minimizing the distance people will need to travel to shop. The site is located on a major transit route and future retail activity will be readily accessible by transit. Building design techniques that can promote energy conservation will be considered during future design review stages of the project. Goal 14: Urbanization ' Response: This goal addresses the need to establish urban growth boundaries, and thus is not applicable to this application. Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 20 February 26,2001 ! • fGoal 15: Willamette River Greenway ' Response: This goal is not applicable because Willamette River Greenway issues are not involved. Goal 16: Estuarine Resources ' Response: This goal is not applicable. Goal 17: Coastal Shorelands Response: This goal is not applicable. Goal 18: Beaches and Dunes Response: This goal is not applicable. Goal 19: Ocean Resources Response: This goal is not applicable. r I 1 I I I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments 21 February 26,2001 / • • Exhibit A Proposed Tigard Comprehensive Plan Text Amendments For the Durham Quarry Mixed Use Development Tigard Comprehensive Plan,Findings Policies&Implementation Strategies,Volume II 1. GENERAL POLICIES IMPLEMENTATION STRATEGIES 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply the land use categories in the following manner: Strategies a.through i.—j.no change n. Mixed Use Commercial District—Principle development in these areas will be 1 high density office buildings, retail and service uses. MUC districts will 111 encourage larger buildings with parking under,behind or alongside the structures. There are two applicable mixed use commercial zoning districts: MUC and MUC-1. A zoning designation of MUC will also allow mixed-use development and housing at densities of 50 units an acres. MUC aistricts• •i l The Regional Center Plan recommends that land around the Washington Square Mall and land immediately west of Highway 217 be designated °trictMUC. A zoning designation of MUC-1 will allow mixed-use development and housing at densities of 25 to 50 units an acre. The MUC-1 district is applied to the Durham Quarry site. 2. CITIZEN INVOLVEMENT—no change. 3. NATURAL FEATURES AND OPEN SPACE—no change. 3.3 NATURAL RESOURCES Findings: Finding 1 —no change Finding 2— [delete] ".- - • - - -- • - - . __ - - - .. _ • - _ • _ 4. AIR,WATER AND LAND RESOURCES QUALITY—no change. 5. ECONOMY Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit A-1 February 26,2001 • POLICIES 1 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT,AND ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS. (THE DENSITY OF RESIDENTIAL DEVELOPMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE R-40 DISTRICTS.)AND; EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI-FAMILY ai- DEVELOPMENT SHALL BE PERMI'FI'ED AND ENCOURAGED TO DEVELOP AT R-40 DENSITIES,. AND WITHIN THE MUC-1 DISTRICT,WHERE RESIDENTIAL USES SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25 UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE. RESIDENTIAL USES WHICH ARE DEVELOPED ABOVE NON-RESIDENTIAL USES AS PART OF A MIXED USE DEVELOPMENT SHALL NOT BE SUBJECT TO THESE DENSITIES. 6. HOUSING-no change. 7. PUBLIC FACILITIES AND SERVICES—no change. 8. TRANSPORTATION—no change. 9. ENERGY—no change. 10. URBANIZATION—no change. 11. SPECIAL AREAS OF CONCERN—no change. 11.9 [RESERVED FOR WASHINGTON SQUARE REGIONAL CENTER] 11.10 DURHAM QUARRY MIXED USE DEVELOPMENT AREA In 1999,the City of Tigard,the City of Tualatin and the property owner,Washington County, agreed to work together to encourage a high quality,pedestrian-friendly,transit-oriented mixed use development on the site of the Durham Quarry site. Only 7.2 acres of the 28-acre site are within the City of Tigard,the remainder is within the City of Tualatin. The jurisdictions have been working together to develop an intergovernmental agreement wherein the City of Tigard would authorize the City of Tualatin to make land use and building permit decisions for the portion of the quarry site within Tigard. POLICIES Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit A-2 February 26,2001 • I` 11.10.1 THE CITY OF TIGARD WILL CONTINUE TO WORK WITH WASHINGTON COUNTY AND THE CITY OF TUALATIN TO HELP ASSURE THAT DEVELOPMENT WITHIN THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA PROVIDES A HIGH QUALITY URBAN ENVIRONMENT THAT EMPHASIZES PEDESTRIAN CONNECTIVITY. 11.10.2 THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA SHALL BE SUBJECT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY 'a OF TUALATIN WHICH WOULD AUTHORIZE THE CITY OF TUALATIN TO MAKE LAND USE AND BUILDING PERMIT DECISIONS FOR THE PORTION OF THE QUARRY SITE WITHIN TIGARD. 11.10.3 A UNIQUE MIXED USE DISTRICT HAS BEEN ESTABLISHED FOR THE DURHAM QUARRY MIXED USE DEVELOPMENT AREA KNOWN AS MUC-1. 11.10.4 THE MUC-1 DISTRICT IS INTENDED TO PROMOTE DEVELOPMENT WHICH ALLOWS A MIX OF USES,INCLUDING RETAIL,SERVICES,OFFICE AND RESIDENTIAL. THE MIXED USE COMMERCIAL DESIGNATION SHOULD ENCOURAGE DEVELOPMENTS THAT ALLOWS PEOPLE TO WORK,SHOP AND LIVE IN A COMPACT,PEDESTRIAN-ORIENTED 1, COMMUNITY. 11.10.5 NECESSARY PUBLIC FACILITIES INCLUDING SEWER,WATER AND DRAINAGE FACILITIES,SHOULD BE IN PLACE,OR PLANNED TO BE CONSTRUCTED,IN TIME TO SUPPORT NEW DEVELOPMENT. 11.10.6 NECESSARY TRANSPORTATION FACILITIES,AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT,SHOULD BE IN PLACE,OR PLANNED TO BE CONSTRUCTED,IN TIME TO SUPPORT NEW DEVELOPMENT. 12. LOCATIONAL CRITERIA [NOTE: Section 12.5 added by Washington Square amendments] 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE PURPOSE STATEMENTS AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS 1. Mixed Use Commercial A. The purpose of the Mixed Use Commercial(MUC) land use designation within the Washington Square Regional Center is.. Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit A-3 February 26,2001 • • 1. To create a dense mixed-use commercial district that forms the commercial core of the Washington Square Regional Center, 2. To create a high quality,mixed-use commercial district,in conjunction with the City of Tualatin,on the site of the former Durham Quarry; 3. To provide opportunities for major retail goods and services, office employment, and housing in close proximity, and with good access to \ transportation services; 4. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. 2. Mixed Use Employment—No change 3. Mixed Use Residential—No change Policies 12.5.2. THE CITY SHALL APPLYA MIXED USE COMMERCIAL LAND USE DESIGNATION FOR AREA SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT OR TO OTHER AREAS IDENTIFIED BY THE CITY AS APPROPRIATE FOR MIXED USE COMMERCIAL DEVELOPMENT. 12.5.3 No change. 12.5.3 No change IMPLEMENTATION STRATEGIES 1. The Community Development Code shall: a. Include a two Mixed Use Commercial District; MUC and MUC-1; b. through e. —no change. i I, Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit A-4 February 26,2001 I • • 1 Exhibit B Proposed Text Amendments to the Tigard Development Code Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 1 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A. Provide range of commercial services for City residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the City so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards 11 created to minimize the potential adverse impacts of commercial activity on established residential ; areas. At the same time, it is important to create more opportunities for mixed use, including residential,commercial and institutional activities,in new and re-developing commercial areas. IB. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 1 18.520.020 List of Zonin g Districts iir A. C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently,i.e.,at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets,personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and- Iride lots and facilities with drive-up windows,are permitted conditionally. B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience I shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at I least one-half mile, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and collector street. Housing is permitted on or above the second floor of commercial structures at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R-12 zone. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions,and transit-related park-and-ride lots,are permitted conditionally. In addition to mandatory ' Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit B-1 February 26,2001 1 • • 1 site development review, design and development standards in the C-C zone have been adopted to insure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non- conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment,and gasoline stations,are permitted conditionally. D. 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. E. CBD: Central Business District. The CBD zoning district i g is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R- 12 zoning district,and multi-family housing at a minimum density of 32 units/acre,equivalent to the R- 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations,are permitted conditionally. F. 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 intra-district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. G. MUC-1: Mixed Use Commercial— 1. The MUC-1 zoning district, which is designed to apply to 1 that portion of the Durham Quarry site within the City of Tigard, is a mixed-use commercial district bounded by 72"d Avenue,Findlay Street and the Tigard,Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin shall furnish all planning,building and associated development review/permit services for the property. This zoning district is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay District (TDC, Chapter 57). It permits a wide range of uses including commercial lodging, general retail, offices and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. Additional uses,including but not limited to major event entertainment and Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit B-2 February 26,2001 motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter,development within this zone is subject to the standards of 18.640. 18.530.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 4. A prohibited(N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.520.1. 11 C. Accesso ry structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. I I I, Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit B-3 February 26,2001 „I • • I TABLE 18.520.1 IUSE TABLE: COMMERCIAL ZONES USE CATEGORY C-N' C-05 C-G C-P CBD MUE20 MUC-1 I, RESIDENTIAL 111 Household Living Group Living N R6 R” R" R" R2' p26 N N C N P NC Transitional Housing N N C NC NC Home Occupation R2 R2 R2 R2 R2 R2 P �, CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C Colleges N N N N N C C Community Recreation N P N N P C N Cultural Institutions P P P P P P P Day Care P P P p p P P Emergency Services P PP P P P P Medical Centers C N C C C C C Postal Service P P P P P P P 11 Public Support Facilities PP P PP P P Religious Institutions C C P C P P C Schools N N N N N C C Social/Fraternal Clubs/Lodges C C P P P P P COMMERCIAL Commercial Lodging N N P R14 P P P I Eating and Drinking Establishments C P P R15 P P P Entertainment-Oriented - Major Event Entertainment N N C NC NC I - Outdoor Entertainment N N P R'5 P NN Indoor Entertainment P P P P P P P - Adult Entertainment N N C NC NN General Retail - Sales-Oriented P p7 p R16 p R22 p - Personal Services P P P P P R22 P - Repair-Oriented P P P N P R22 R25 Bulk Sales N N P N N R22 R25 - Outdoor Sales N N P N N N N 1 - Animal-Related N N N N N P P Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C12 N C NN i - Motor Vehicle Servicing/Repair N C8 P/C N R18 R22 R25 - Vehicle Fuel Sales C C C N C N C Office P R9 P P P P P I Self-Service Storage N N C N N N N Non-Accessory Parking C C P P P P P I, Durham Quarry Mixed Use Development Angelo Eaton& Associates IApplication for Text and Map Amendments Exhibit B-4 February 26,2001 I S • I TABLE 18.520.1 (CON'T) 1 USE CATEGORY C-N C-C C-G C-P CBD MUE MUC-1 IIINDUSTRIAL Industrial Services N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N - General Industrial N N N N N N N Heavy Industrial N N N N N N N Railroad Yards N N N N N N N Research and Development N N N N N R24 R24 � Warehouse/Freight Movement N N N N N R24 N Waste-Related N N N N N N N Wholesale Sales N N N N C N N I, OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N I' Wireless Communication Facilities P/R3 P/R3 P/R3 P/R3 P/R3 P/R3 P/R27 Rail Lines/Utility Corridors P P P P P P P Other C4 C10 NA NA C19 NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted $ 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 1 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. I4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. I 'All permitted,limited and conditional uses must meet special development standards in 18.520.050B. 'Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or Iabove the second floor of the structure,at densities not to exceed 12 units/net acre. 'Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 1 40,000 gross square feet or less. 8Limited to motor vehicle cleaning only. 111 Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit B-5 February 26,2001 I 0 • 9When combined in single structure,each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM;or drive-up windows are conditional uses. A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family II, housing is permitted as part of a PD, subject to Chapter 18.350. 1 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with . commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. I 1a Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. I "As accessory to offices or other permitted p tted 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. 16May not exceed 10%of the total square footage within an office complex. "Single-family 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property Izoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. II18Motor vehicle cleaning only. 19Drive-up windows permitted conditionally. 1 20A1l permitted and conditional uses subject to special development standards contained in 18.520.050C. I 21Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single-family dwellings are permitted outright. 'Retail and sales uses may not exceed 60,000 gross leasable area per building within the Tigard Triangle II except for those areas zoned C-G at the time the MUE zoning district was adopted. 1 23All activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted 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. Durham Quarry Mixed Use Development Angelo Eaton& Associates 1 Application for Text and Map Amendments Exhibit B-6 February 26,2001 • • I25Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 1, 26 Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27 Wireless only as attached to structure within height limit—see Chapter 18.798 18.520.040 Development Standards 1 A. Compliance required. All development must comply with: • ii 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.310 and 18.320; 11 2. All other applicable standards and requirements contained in this title. SB. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES • MUE CBD Residential R-25 STANDARD C-N C-C141 C-G C-P CBD R-40 R-12 C-G MF DU* MUC-1 Minimum Lot Size 5,000 sq ft 5,000 sq ft None 6,000 sq ft None None None None - None -Detached unit - - - - - - - - 1,480 sq ft - 1-Boarding,lodging,rooming house - - - - - - - - 6,100 sq ft - Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None Minimum Setbacks -Front yard 20 ft 0/20 ft[5] 0 ft[6] 0 ft[6] 0/30 ft[7] 20 ft 20 ft 0 ft[6] 20 ft See -Side facing street on corner& 20 ft - - - 0/30 ft[7] 20 ft 20 ft - 20 ft 18.640. through lots[1] 050(B) -Side yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 10 ft[9] 10 ft[9] 0/20 ft[3] 10 ft - -Side or rear yard abutting more - - - - - - - - 30 ft restrictive zoning district - -Rear yard 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/20 ft[3] 0/30 ft[7] 20 ft[9] 20 ft[9] 0/20 ft[3] 20 ft - -Distance between front of garage& - - - - - 20 ft 20 ft - 20 ft property line abutting a public or - private street. - Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft[8] 60 ft 60 ft 45 ft 45 ft 70 ft Maximum Site Coverage[2] 85% 80% 85% 85% 85% 80% 80% 85% 80%[1l] 90% Minimum Landscape Requirement 15% 20% 15% 15% 15% 20% 20%[10] 15% 20% 10% [1] The provisions of Chapter 18.795 (Vision Clearance)must be satisfied. il [2] Includes all buildings and impervious surfaces. . Durham Quarry Mixed Use Development Angelo Eaton& Associates 1 Application for Text and Map Amendments Exhibit B-7 February 26,2001 • • • [3] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [4] See Section 18.520.O50B for site and building design standards. [5] No front yard setback shall be required,except a 20 foot front yard setback shall apply within 50 feet of a residential district. [6] There shall be no minimum front yard setback requirement;however,conditions in Chapters 18.745 ir and 18.795 must be met. • [7] There are no setback requirements,except 30 feet where a commercial use within a district abuts a residential zoning district. [8] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. [9] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [10] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall ' be met for existing and new development. [11] Lot coverage includes all buildings and impervious surfaces. *Multiple-family dwelling unit IC-N-Neighborhood Commercial District C-C-Community Commercial District C-G-General Commercial District C-P-Professional/Administrative Office Commercial CBD-Central Business District 18.520.050 Special Limitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Section 3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment;and 4. Uses operating before 7:00 AM and after 10:00 PM shall be subject to the conditional use provisions,as governed in Chapter 18.330. B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities,and as allowed in Sections 3 and 4 below; Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit B-8 February 26,2001 • • I 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food 1 and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail,where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than 5% of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject to conditional use provisions,as governed by Section 18.330. C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio FAR ( ) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient lodging, shall not be subject to this requirement; 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. D. In the MUC-1 zone. In addition to the standards of this Chapter, development in the MUC-1 zone is subject to Chapter 18.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin dated I 18.520.060 Additional Development and Design Guidelines—[No changes.] I I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit B-9 February 26,2001 • • Exhibit C Proposed Text Amendments to the Tigard Development Code CHAPTER 18.640 DURHAM QUARRY DESIGN STANDARDS Sections: 18.640.010 Purpose 18.640.020 Permitted Uses 18.640.030 Conditional Uses 18.640.040 Applicability 18.640.050 Development Standards 18.640.060 Determining Net Acres 18.640.070 Not Used 18.640.080 Not Used 18.640.090 Not Used 18.640.100 Access 18.640.200 Design Standards 18.640.300 Design Compatibility Standards 18.640.400 Landscaping and Screening 18.640.500 Off-Street Parking and Loading 18.640.600 Environmental Standards 18.640.700 Floodplain District 18.640.010 Purpose. The purpose of this district is to recognize and accommodate the changing commercial/residential marketplace by allowing commercial and residential mixed uses in the approximately 7 acre portion of the Durham Quarry site that are within the City of Tigard in the Mixed Use Commercial(MUC-1)Planning District. Retail,office,business services and personal services are emphasized,but residential uses are also allowed.A second purpose is to recognize that when developed under certain regulations commercial and residential uses may be compatible in the Mixed Use Commercial District. 18.640.020 Permitted Uses A. Permitted uses are those uses permitted outright or with restrictions within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.030 Conditional Uses A. Conditional uses are those uses allowed conditionally within the MUC-1 base zone pursuant to Section 18.520.030. 18.640.040 Applicability A. These design standards are applied in the City of Tigard to the Durham Quarry Site. The boundaries of this site are described by the Intergovernmental Agreement dated Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit C-1 February 26,2001 I 1 • • B. Conflicting standards. The following design standards apply to all development located within the Durham Quarry within the MUC-1 zone. If a standard found in this section conflicts with another section in the Development Code,standards in this section shall govern. 18.640.050 Development Standards A. Development shall comply with applicable development standards,except where variances and minor variances are granted in accordance with the terms of the Intergovernmental Agreement between Tigard and Tualatin dated B. Development standards: 1. Minimum lot area:None. 1 2. Minimum building setbacks:None. 3. Except as determined in the Architectural Review process,maximum building setbacks are: a. Commercial: 10 feet front and streetside; 0 interior side and rear,except when the side and rear abut a residential district it is 20 feet. b. Residential: 20 feet front; 0 rear and interior side, except when the side and rear abut a residential district it is 20 feet; 20 feet streetside. 4. Minimum building height: Except for theaters and cinemas which can be one story,20 feet. 5. Maximum building height: 70 feet. 6. Density requirements.For determining floor area ratio(FAR)and residential densities, 18.640.060 shall be used to establish the lot area. a. The minimum FAR for non-residential development and mixed-use development which includes a residential component is 0.50. In mixed-use developments,residential floor area is included in the calculations of FAR. I b. The minimum density for residential-only projects is 25 dwelling units per net acre. There is no FAR for residential-only projects. c. The maximum density for residential-only projects is 50 dwelling units per net acre. 18.640.060 Determining Net Acres Net acres shall be determined by subtracting the following land areas from the gross acres(all of the land included in the legal description of the property to be developed): A. The following sensitive land areas: 1. Land within the 100-year floodplain; 2. Land exceeding 25%slope; 3. Drainage ways; and 4. Wetlands. C. Land dedicated to the public for park purposes; D. Land dedicated to the public for rights-of-way. When actual information is not available,the following formulas may be used: 1. Single-family development: allocate 20%of gross acres; 111 2. Multi-family development including but not limited to apartments,condominiums and townhouses allocate 15%of gross acres;and E. Land proposed for private streets. 18.640.070 Not used 18.640.080 Not used Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit C-2 February 26,2001 • • 1 18.640.090 Not used 18.640.100 Access Except as provided below,no lot shall be created without provision for access to the public right-of-way in accordance with 18.705. Such access may be provided by lot frontage on a public street or by creating uninterrupted vehicle and pedestrian access between the subject lot and the public street. 18.640.200 Design Standards. A. Purpose and Applicability. 1. Design Principles.Design standards for public street improvements for the Durham Quarry 1 site address several important guiding principles, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system and utilizing streetscape to create a high quality image for the area. 2. Development Conformance.New development, including remodeling and renovation projects 1 resulting in non-single family residential uses,are expected to contribute to the character and quality of the area.In addition to meeting the design standards described below and other development standards required by the Development and Building Codes,developments will be required to dedicate and improve public streets,connect to public facilities such as sanitary sewer, water and storm drainage,and participate in funding future transportation and public improvement projects within and surrounding the Durham Quarry site. 1 3. Conflicting Standards. In addition to the design standards of 18.640,the requirements in 18.520 (Commercial Zoning Districts)other applicable Chapters apply. If the provisions of 18.640 and other applicable Chapters conflict or are different,they shall be resolved in accordance with the terms of the Intergovernmental Agreement between Tigard and Tualatin dated . The resolution process shall consider giving deference to the requirements of 18.640 because: a. the Durham Quarry Site is in both the Cities of Tualatin and Tigard and the cities agree the same,or nearly the same,requirements should apply, b. Pursuant to an intergovernmental agreement between the cities of Tualatin and Tigard and Washington County,the City of Tualatin shall furnish all planning,building and associated development review/permit services for this site. B. Site Design Standards.Development shall meet the following site design standards. 1. Building placement on Major and Minor Arterials.Buildings shall occupy a minimum of 50%of Major and Minor Arterial street frontages.Buildings shall be located at public street intersections on Major and Minor Arterials. 2. Building setbacks. See 18.640.050(B). 3. Front yard setback design. For setbacks greater than 0 feet,landscaping,an arcade,or a hard- surfaced expansion of the sidewalk shall be provided between a structure and a public street or accessway. If a building abuts more than one street,the required improvements shall be provided on all streets.Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways.Hard-surfaced areas shall be constructed with scored concrete or modular paving materials.Benches and other street furnishings are required.These areas shall contribute to the minimum landscaping requirements. - 4. Walkway connection to building entrances.A walkway connection is required between a building's entrance and a public street or accessway.The walkway shall be at least 6 feet wide and Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit C-3 February 26,2001 • paved with scored concrete or modular paving materials.Building entrances at a corner near a public street intersection are required.These areas shall contribute to the minimum landscaping requirements. 5. Parking location and landscape design.Parking for buildings or phases adjacent to public street rights-of-way shall be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street,primary street(s) shall be identified where this requirement applies. If located on the side,parking is limited to 50%of the street frontage and must be behind a landscaped area constructed to an L-1 Landscape Standard.The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback,whichever is greater. Interior side and rear yards shall be landscaped to a L-2 Landscape Standard,except where a side yard abuts a public street,where it shall be landscaped to an L-1 Landscape Standard. See 18.640.200(D). C. Building Design Standards. 1. Non-residential buildings shall comply with the following: a. Ground floor windows. Street-facing elevations within the Building Setback(0-10 feet)along public streets shall include a minimum of 50%of the ground floor wall area with windows, display areas or doorway openings.The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation.The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level.Up to 50%of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. b. Building facades.Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (i) a variation in building materials, (ii) a building off-set of at least 1 foot, (iii)a wall area that is entirely separated from other wall areas by a projection, such as an arcade,or (iv)by other design features that reflect the building's structural system. (v) No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. c. Weather protection.Weather protection for pedestrians, such as awnings,canopies and arcades, shall be provided at building entrances.Weather protection is encourage along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk,and along building frontages between a building entrance and a public street or accessway. d. Building Materials.Plain concrete block,plain concrete,corrugated metal,plywood,sheet press board or vinyl siding shall not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. e. Roofs and Roof Lines. Except in the case of a building entrance feature,roofs shall be designed 111 as an extension of the primary materials used for the building and should respect the building's structural system and architectural style.False fronts and false roofs are not permitted. f. Roof-mounted Equipment.Roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized. 3. Residential-only and Mixed-Use Buildings where at least 50.1%of the gross floor area of the building is residential shall comply with 18.640.300. D. Landscaping and Screening. Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit C-4 February 26,2001 • I • 1. Applicable Levels.Two levels of landscaping and screening standards are applicable.The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in 18.640.400.These standards are minimum requirements.Higher standards may be substituted as long as all height limitations are met. a. L-1 Low Screen.For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets,planting standards 18.745,Landscaping and Screening shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials. Where the setback is a minimum of 5 feet between the parking lot and a major or minor arterial,trees shall be planted at 3 'h inch caliper,at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a 90%opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. b. L-2 General Landscaping.For general landscaping of landscaped and screened areas within parking lots,and along local collectors and local streets,planting standards 18.745, Landscaping and Screening shall apply.In addition,trees shall be provided at a minimum 2 '/2 inch caliper,at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. 18.640.300 Design Compatibility Standards g P tY A. Front facades. All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street,not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches,balconies,bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. B. Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner,it may have its main entrance oriented to either street or at the corner. C. Unit definition. Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation,or by providing a roof gable or porch that faces the street. Ground-level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. D. Roof lines. Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single,long roof Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. E. Trim detail. Trim shall be used to mark all building roof lines,porches,windows and doors that are on a primary structure's street-facing elevation(s). F. Mechanical equipment. Roof-mounted mechanical equipment,other than vents or ventilators, shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. G. Parking. Parking and loading areas may not be located between the primary structure(s)and the street upon which the structure fronts. It there is no alley and motor vehicle access is from the street,parking must be provided: 1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a parking area at the side or rear of the site. H. Pedestrian circulation. I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit C-5 February 26,2001 • • 1 1. The on-site pedestrian circulation system shall be continuous and connect the ground-level entrances of primary structure(s)to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; d. Shared open space and play areas; e. Abutting transit stops; and f. Any pedestrian amenity such as plazas,resting areas and viewpoints. 2. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. ' 18.640.400 Landscaping and Screening,See 18.745 18.640.500 Off-Street Parking and Loading,See 18.765 18.640.600 Environmental Standards. See 18.725 18.640.700 Floodplain District,See 18.775 18.640.800 Wetlands Protection District,See 18.775 I . I I I I I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit C-6 February 26,2001 I • • IExhibit D Tigard Comprehensive Plan Map Amendments I I R-12 x : 7,`t ` r ' „r.. i . `RPA rkg,A T ' • „ „, ILL . �If , y DURHAM _ 4 '' -'4,,41...4.1,:v'',.:4,;,i' IChange existing Light Industrial Comprehensive Plan Designation I to Mixed Use Commercial I I I I IDurham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit D-1 February 26,2001 I I • • I Exhibit E ICity of Tigard Zoning Map Amendments I , , 7.„ . R .12 wyk . �y,.t tahrh ... qxr�x. £ 'r, rv. a I i �n s.DU R IY ��u ;.�fk��HI w��. I !T p. Change existing Industrial Park (IP) , , , ...:. Zoning Designation ' , to Mixed Use Commercial-1 (MUC-1) , I I I IDurham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit E-1 February 26,2001 I • Exhibit F Traffic Impact Assessment from DKS • • • I I I I 1 I I I Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit F-1 February 26,2001 • DKSAssociates 1400 SW 5°'Avenue, Suite 500 Port/and, OR 97201-5502 Phone: (503)243-3500 ' Fax. (503)243-1934 ' February 21,2001 Larry Eisenberg Washington County Real Estate Management 111 SE Washington Street MS 42 Hillsboro,OR 97123-4029 ' Subject Proposed Durham urham Quarry Site Land Use Re-Zone in the City of Tigard Dear Mr. Eisenberg, ' At your request,we have reviewed the preliminary transportation impacts associated with the change in zoning and comprehensive plan designation for the lands within the Durham Quarry site that also lie inside the City of Tigard boundary.The purpose of this evaluation is to identify possible transportation issues within the context of the Transportation Planning Rule requirements(OAR 660-12-060)requirements for plan amendments/zone changes. Background The Tigard portion of the quarry site consists of 7.2 acres that are immediately contiguous to the remainder of the dormant quarry site(21.4 acres)that are within the City of Tualatin jurisdiction.The Tigard piece is currently designated for industrial uses.It relies on vehicular access from SW 72"d Avenue or a possible future shared roadway or easement through the southerly property to SW Bridgeport Road.No direct vehicle access is expected onto SW Upper Boones Ferry Road. The Tualatin portion of the site has a comprehensive plan designation that allows mixed-use development. The current preference by Washington County is that the two portions of the site be developed as one site, and that Tualatin would hold the land use authority for both areas pending an intergovernmental agreement with the City of Tigard.The combined development approach would allow for a broader scope of development and transportation solutions. Accordingly,Washington County is requesting a plan amendment/zone change for the 7.2 acre portion of the Durham Quarry inside Tigard to apply a mixed use commercial designation to the property.This designation will bring the Tigard portion of the Durham Quarry into the same comprehensive plan and zoning designation that Tualatin has applied to the site.For the purposes of this review,it has been assumed that the City of Tigard will consent to this agreement. ' Transportation Issues We have the following comments on the possible transportation implications of the proposed land use action to change the land use designation and develop the entire quarry site as one unified project: 1. Traffic Generation—The proposed change of land use from industrial to mixed-use designation on the 7.2-acres with the City of Tualatin will not have significantly higher traffic generation.The current Industrial Park designation on the property allows office uses as a permitted use,in addition to the traditional industrial park uses. While it is not known specifically what the ultimate development on X-Drive:PROJECTS:2001:P01067 (Wash Co Durham Quarry) :Tigard Re-Zone ltr rev2.doc • • Larry Eisenberg ' February 21,2001 Page 2 of 2 the Tigard portion of the Durham Quarry will be,for purposes of the traffic comparison it is assumed that office or high density residential uses may occur on the 7.2 acres. Given this assumption,the resulting net gains in traffic generation compared to a traditional light industrial uses are about 100 peak hour vehicle trips.If the site were to develop with office uses(allowed under either the existing or proposed plan and zoning designation)the traffic impacts would be identical.Under either development scenario,we do not anticipate any significant impact to the transportation system as ' defined by the TPR(660-12-060). 2. Vehicle Access—Looking to the future development of the site,under either the existing or proposed ' plan and zoning designation a full access connection onto SW 72nd Avenue intersection may be difficult to achieve given the County's access spacing standards,its proximity of the SW Bridgeport Road intersection and the peak period vehicle queuing under current conditions. SW 72nd Avenue is designated as a Minor Arterial with a minimum spacing between adjoining driveways or public roads ' of 600 feet.Existing driveways into the park&ride lot and the retail area east of SW 72" Avenue lie within the 600-foot minimum distance,and any new direct access onto SW 72nd Avenue would require a modification to county road standards to be approved by the county engineer.Future access to the site will need to be addressed within the context of the overall site plan for the development of the Durham Quarry. 3. Alternative Vehicle Access—The limited vehicle access to this site could be significantly improved by a shared roadway system with the adjoining Tualatin site.A better access solution would shift the major site access point onto SW Bridgeport Road via a new connecting roadway.The new intersection would be location westerly of Interstate 5 ramps.Past correspondence from ODOT requests at least 1 1,000 feet separation between the ramp junction and the new intersection. 4. System Impacts—Because of the above points,the land use change on the Tigard portion will not ' have significant system impacts to the regional street system.The relatively small change in traffic generation will not change the current functional classification of the adjoining road system,or degrade the current horizon year performance levels on roadways and intersections beyond levels already expected.Further study of these issues will be required at the time of development application to fully 1 consider possible local impacts and issues such as access. Recommendations Our preliminary findings are that the proposed land use change of 7.2 acres in the Tigard portion of the Durham Quarry site will not significantly impact the surrounding transportation system and,therefore,there ' is no impact to the transportation system as defined by the TPR(660-12-060).Further study will be required at the time of development application to resolve the issues noted above.If you have any further questions,please call me to discuss. ' Sincerely, DKSAssociat-s, /nc. Air C/i-9/0 Carl D. g Sp, nger,P. Project Manager ' Frank Angelo, Angelo Eaton &Associates X-Drive:PROJECTS:2001:P01067 (Wash Co Durham Quarry) :Tigard Re-Zone ltr rev2.doc • • I Exhibit G Neighborhood Meeting Materials TO: File FROM: Frank Angelo 1 DATE: June 30, 2000 CC: ' FILE#: 010-003 RE: Durham Quarry Neighborhood Meeting Durham Quarry Neighborhood Meeting Summary ' Date: Thursday June 29,2000 Time: 7:00pm ' Location: Tigard Fire Department, Station 51 8935 SW Burnham Road The meeting was conducted in accordance with Tigard's Neighborhood Meeting requirements.Twelve people were in attendance at the meeting.The sign-in sheet is attached to this summary. ' Presentation Frank Angelo and Larry Eisenberg provided an overview of the proposed plan amendment and zoning code ' text and map amendments being proposed for the 7.2 acres of the Durham Quarry site within Tigard city limits. The presentation noted that no specific development plan is being proposed for the site at the present time.The Durham Quarry site is owned by Washington County.The site is no longer used for quarry operations and the County has declared the property as surplus.The site totals 28.6 acres in size—21.4 acres are located within Tualatin city limits and 7.2 acres are located within Tigard city limits.Because the property is currently within two jurisdictions,the County has requested that both Tigard and Tualatin develop a consistent set of development standards and procedures in order to achieve a consistent development over the entire site. The County has been working with both Tigard and Tualatin to develop a Mixed-Use Commercial Land Use District that would be applied to the entire 28.6 acres.The Mixed-Use Commercial Land Use District is designed to allow a variety of land use types, including commercial,office and residential. ' Tualatin has already taken steps to establish the Mixed-Use Commercial Land Use District within their Comprehensive Plan and Zoning Code.This new land use district will be applied to the 21.4 acres of the site within Tualatin. Washington County will be submitting an application to Tigard to apply the same Mixed-Use Commercial Land Use District to the 7.2 acres of the site within Tigard. Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit G-1 February 26,2001 • ' Proposed Action Washington County(the applicant)will be submitting the following land use requests to Tigard to create the Mixed-Use Commercial Land Use District within the city's Comprehensive Plan and Zoning Code: • Comprehensive Plan Text Amendment to create the Mixed-Use Commercial Land Use District; • Comprehensive Plan Map Amendment to apply the Mixed-Use Commercial Land Use District on the 7.2 acres of the site within Tigard; • Zoning Code Text Amendment to create the Mixed-Use Commercial Land Use District and establish development and review standards for future development; and • Zoning Map Amendment to apply the Mixed-Use Commercial Land Use District on the 7.2 acres of the site within Tigard. Neighborhood Issues/Questions • Has ODOT done any study on the interchange and 72'Avenue? • Does ODOT have any improvement plans identified in the area? • Are height limitations included in the code changes? • What are the County's plans in terms of selling the property? • How long does it take for fill material to settle in order to build on it? • Does the County anticipate that Tigard and Tualatin will agree on the zoning changes? ' • How does Durham feel about the zoning changes? Frank Angelo and Larry Eisenberg addressed each question at the meeting. ' Attachments ' 1. 2. Neighborhood Meeting Sign-In Sheet Neighborhood Meeting Letter 3. Notification Area 4. Notification Mailing List 5. Affidavit of Mailing 6. Affidavit of Posting 7. Neighborhood Meeting Handouts Durham Quarry Mixed Use Development Angelo Eaton& Associates Application for Text and Map Amendments Exhibit G-2 February 26,2001