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DCA2006-00007
PCAZoo - Ooo 7 u LAND USE PROPOSAL DESCRIPTION 120 DAYS = N/A FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 FILE TITLE: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT APPLICANT: Tigard-Tualatin School District APPLICANT'S Parati 6960 SW Sandburg St. REPRESENTATIVE Ann: Ed Murphy Tigard, OR 97223 20085 NW Tanasbourne Dr. I-illsboro,OR 97124 OWNER: Tigard-Tualatin School District 6960 SW Sandburg St. Tigard, OR 97223 REQUEST: A e re Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. DATE COMMENTS SENT: DECEMBER 15, 2006 DATE COMMENTS DUE: DECEMBER 29,2006 DATE DLCD NOTICE WAS SENT: DECEMBER 18, 2006 (49 Days prior to first evidentiary hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: FEBRUARY 5,2007 TIME: 7:00 PM ® CITY COUNCIL (TUES)DATE OF HEARING: MARCH 13,2007 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION • PROPOSED ORDINANCE (1 week prior to hearings) ® STAFF REPORT(1 week prior to hearings) ❑ ® PROPOSED AMENDMENTS ® DLCD NOTICE ❑ STAFF CONTACT: Cheryl Caines, Assistant Planner (503) 639-4171, Ext. 2437 • • • • PRE-APP.HELD BY • CITY OF TIGA1 D PLANNING DIVISION .. . �oA LAND USE PERMIT APPLICATION • `" City of Tigard Pernat Center 13125 SW Hall Blul, Tigard; OR 97223 ' Phone. 503.639.4171 Fax: 503.598.1960 • • File# Other Case# • 9 Date By Receipt# Fee Date Complete • TYPE OF PERMIT YOU ARE APPLYING FOR •❑ Adjustment/Variance (I or II) ❑Minor Land Partition(II) ❑ Zone Change (III) ii•E Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) :❑ Conditional Use (III) ❑Sensitive Lands Review(I,II or III) [Zf Zone Ordinance Amendment(IV) 440 Historic Overlay(II or III) ❑Site Development Review(II) to❑Home Occupation(II) ❑Subdivision(II or III) l LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) l 171ard th cc-400r 7000 SL.) Dur►1a,+m j'ood •TAX MAPS&TAX OT NOS. t• 251114AA 0o100 TOTAL SITE SIZE ZONING CLASSIFICATION 11, &I -6S 0cr-S - <<. 5 •APPLICANT* • Tr 9.4✓d - 'PA Afgfh Sll7oai Disfnct •MAILING ADDRESS/QTY/STATE/ZIP 6 16 0 SW Satid.0 5 / /Ti a �, OR 97223 •PHONE NO. q FAX NO. • S5'°3- `3(- y063 S03 -4/3(- 4(047 •PRIMARY CONTACT PERSON PHONE NO. 9 �d M UV'aily, Pavrt ; 503- asS- 1-124(2 •PROPERTY OWNER/DEED HOLDER(Attach list if more than one) •MAILING ADDRESS/QTY/STATE/ZIP • •PHONE NO. FAX NO. ( •*When the owner and the applicant are different people;the applicant must be the purchaser of record or a lessee in possession with written •`authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form •or submit a written authorization with this application. I.PROPOSAL SUMMARY(P ase a spec' ( to0i1A y IC)(1. Am dmeri 1 0(1a(A, hoc park, is t i ►2s.1ewiA ( -‘0,4c5, re4y' c d • (• 4. A/74 5 t l,oal 5,1.es. • (• (•APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS • DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. ( i•�rnrnln�mocrarc��a nrl nca onnlirannnc�la nrl nca narmir,nn r�nr • , . • • ft- APPLICANT_SH6LL CERTIF1,7 THAT: • 0 • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and • subject to all,the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments, and exhibits transmitted herewith, are • Prue; and the applicants so acknowledge that any permit Issued, based on this application,map be revoked if it is • found that any such statements are false. E fThe applicant has read the entire contents of the application,including the policies and criteria,and understands • the requirements for approving or denying the application(s). • ,i:cNATURES OF EACH OWNER OP THE SUBJECT PROPERTY ARE REQUIRED. ( • ID ,ner's Sig tore Da . 0 • • 0 ::viper's Signature _ Date f • • • >vner's Signature Date t • .•,t-ner's Signature Date i t ,,Tier's Signature .. Date r • A_pp[icant/Agent&Representative's Signature Date ( t • 1,,:,piicant/Agent/Jtepresentative's Signature Date . ( • I ( sip IN CITY OF TIGARD 11/14/2006 : �i 13125 SW Hall Blvd. 4:23:35PM Tigard,OR 97223 503.639.4171 TIGARD s Receipt #: 27200600000000005448 Date: 11/14/2006 ' Line Items: Case No Tran Code Description Revenue Account No Amount Paid DCA2006-00007 [LANDUS]Amend CDC(Text) 100-0000-438000 2,981.00 DCA2006-00007 [LRPF]LR Planning Surcharge 100-0000-438050 440.00 Line Item Total: $3,421.00 Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check TIGARD TUALATIN SCHOOL ST 129725 In Person 3,421.00 DISTRICT 23J Payment Total: $3,421.00 • cReceipt.rpt Page 1 of 1 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 • • •TIGARD December 8, 2006 Ed Murphy Parati 20085 NW Tanasbourne Dr. Hillsboro, OR 97124 RE: Completeness Review—Residential Zoning Districts Use Regulations Amendment Case File No. DCA2006-00007 The City has received your application to amend the Tigard Development Code (Residential • Zoning Districts - Section 18.510). The request is to allow bus parking on high school sites as a restricted use within residential zones. Staff has completed a preliminary review of your submittal materials and has determined that your application is now complete. A hearing with the Planning Commission has been scheduled for February 5, 2007. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. If you have any questions regarding the project, please call me at 503-718-2437. Sincerely, cA14--e`4 Cheryl Gaines Assistant Planner cc: DCA2006-00007 Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • l LETTER OF TRANSMITTAL QRATI Date: November 22, 2006 To: Charyl Cains, Assistant Planner Firm: City of Tigard Department of Community Development Re6ti 13125 SW Hall Boulevard �/k Address: Tigard, OR 97223 /VQv 2 (LDC) Job No.: 1446.001 p C/�-k o 20Q6 Project Name: TTSD Text Amendment /�!(e/0IG Agency No.: Plancheck No.: We are sending you: ❑ Attached ❑ Under Separate Cover Copies Description 18 Development Code Text Amendment Applications These are being transmitted as indicated below: ❑ As Requested ❑ For Your Use ❑ For Approval ❑ Other 20085 NW TANASBOURNE DRIVE HILLSBORO OR 97124 PH 503. 858. 4242 FX 503. 645. 5500 W W W.PARATICOMPANY.COM CORPORATE OFFICE Signature: Jamie Cheslock cheslockj @paraticompany.com HILLSBORO, OREGON TILLAMOOK, OREGON Title: Project Coordinator VANCOUVER, WASHINGTON BELLEVUE, WASHINGTON CC: COEUR D'ALENE, IDAHO ROCKLIN, CALIFORNIA CLERMONT, FLORIDA 0.6k• :, . . .. . . 1 . 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'7 ' I.f„'" - • •.:!::.::$::::;ii.'i.:•.-::::.:.•-.:•I;I•44:1',?,'',,,,',5i1I',I,,,'"•:IK''.7"7'','!: ' • •. . :::::.::::::::::;:ila:.:::*....:.4::6::::!9.•:',,,,,,,,,:;,:ii:;,,T,I1-4,4**,,tP,n4TI•F4„,,,',;""7,” .. .. . ,i':R::•'..:...7,2.'.:.':::::•.1.4iI;1;*::',71',IMI,,r4,IIi.‘: • . '7.,.•7::::'. 7:1•;•'j7:•',:' '': . , 1. 7• • ' , , " •-• ,' •... • •.. 7:4Iliiii,i.,:::•:,.:4...•. ':: .,;,.$.' ' ' : „ • • . .... ,,.... ...... . ....L.': 4 • • • • • • •_ • • • • • • RECEOVE3 • NOV 2 2 2006 --- • November 21, 2006 CITY�3E�'IGAR® • PLANNINGIENGINEERING • Cheryl Caines, Assistant Planner • City of Tigard Department of Community Development 13125 SW Hall Blvd. • Tigard, Oregon 97223 • • RE: Development Code Text Amendment application • • Dear Ms. Caines: • • On behalf of the Tigard-Tualatin School District, I am submitting an application for • a Development Code Text Amendment. This amendment, if adopted by the City • Council, would allow the bus parking in residential zones at a public high school. • More specifically, the text amendment will allow the School District to park buses • at Tigard High School, as long as the bus parking is located at least 200 feet away • from the property line of any parcel used for residential purposes. • • Enclosed are 18 copies of the application, per your request. Please let me know if • you need anything else. I look forward to reading your staff report. • • If you have any questions regarding this application please contact me at 503-352- • 1136 or murphye@paraticompany.com. • • • • Since I , • • Ed Murphy, AI P • • • 20085 NW Tanasbourne Drive Hillsboro,OR 97124 • cc. Roy Burling, Chief Financial Officer, Tigard-Tualatin School District P'5O3.858.4242 Kelly Hossaini, Miller-Nash, Attorney for School District ff503.645.5500 • Project #1446.001 ff corporate @paraticompany.com 'Wi Ubee 877.648.4061 • • www.paraticompany.com • Hillsboro.O?t • Tillamook,OR Vancouver,wA Bellevue,WA • Coeur d'Alene,ID Rocklin,CA • Cemont,FL • • • • • • KEY INFORMATION • • Project Name: Bus Parking Text Amendment • Property Description: 2S114AA00100 • Location: 9000 SW Durham Road. The proposed text amendment would only apply to • public high schools. The only high school in Tigard is Tigard High School, located south of • Durham Road, between SW 85th Avenue and SW 92nd Avenue. • Parcel size: Approximately 43.65 acres • Zoning: R-4.5 • Applicant: Tigard-Tualatin School District • Property Owner: Tigard-Tualatin School District 233 • 6960 SW Sandburg Street • Tigard, Oregon 97223 Attention: Roy Burling, Chief Financial Officer • Telephone: 503-431-4003 • Fax: 503-431-4047 • Applicant's Representative: • Ed Murphy, AICP, Comprehensive Planning Manager • Parati • 20085 NW Tanasbourne Drive Hillsboro, Oregon 97124 • • • SUMMARY • • • The Tigard-Tualatin School District wants the ability to park some of its school buses at Tigard High School, including buses that are not related to transporting high school • students. Currently, the District parks buses in two other locations in Tigard, which include • the 8.4-acre bus barn located at 13000 SW Hall Blvd. (tax lot 2S102DA00500) and the 1.37-acre parcel located at 13137 SW Pacific Highway (tax lot 2S102CB00200), where the • Hibbard Administration Center Administrative Building was located. • The School District is selling the site on Highway 99w, so that site will no longer be available • for bus parking. Finding a suitable and available site where bus parking would be permitted • by the zoning district, where the surrounding property owners would not be adversely impacted, and which would work for the District logistically, has proven problematic. The • School District officials have decided that parking buses at Tigard High School, near the • swim center, is the best option available. This option has the added benefit of allowing the District to reduce the vehicle miles traveled of the buses, because it allows the District to • park at least some of the buses that serve the southern part of the district in a more • southerly area. • • • 1 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • The Tigard Development Code does not expressly allow bus parking in the R-4.5 zone. In • order to allow bus parking in this zone, a text amendment to the Tigard Development Code • Text is required. The proposed text amendment, if adopted by the City, would allow school bus parking as a restricted use within residential zones, as long as it is located at a public • high school and sited away from any residential uses. • • The proposed amendment is a legislative decision, and would be applicable to any site • within the City that met the criteria. However, the criteria are narrowly written to limit the school bus parking to high school sites. • This application is for a text amendment only. No site improvements are planned, and • no new access ways are proposed. (According to City planning staff, as long as the District continues to use its access off Durham Road, no modification to the Conditional • Use Permit is required. Should the District decide to pursue the permanent use of the • temporary construction road access connecting to SW 85th Avenue, a modification to the • Conditional Use Permit application, an adjustment to the driveway spacing standards, and approval of a revised site plan may be required). • • • The capacity of the high school will not change. • • No additional parking spaces are proposed. The area where the buses would be parked • is not currently used for off-street parking, and the existing parking at the high school is more than the minimum number of spaces required. • • • There will be virtually no impact to the sewer, water, and storm water systems. There will be no increase in the amount of impervious surface. There will be some traffic • impact because the buses will be utilizing this site rather than the 99w site. • • BACKGROUND INFORMATION • • History: Currently, no buses are stored at the high school. The District stores some buses at its site on Pacific Highway, which is zoned R-12, and others at its site on Hall Blvd„ • zoned Light Industrial. There is not enough room at the Hall Blvd. site to park all of the • buses, since much of the property is unusable for parking due to environmental factors. • The District has been using the Pacific Highway site as a temporary solution to its bus • parking needs since it demolished the old Administration Building in 2004. Currently there are 17 short buses and 9 long buses parked at the 99w site. The District is selling its • property on 99w, and needs to find another site to park the buses when they are not • transporting students. • The District would like to re-locate the buses currently stored at the 99W site, and perhaps three or four more to accommodate anticipated growth, at the high school. It has stored • buses at the high school before; in fact, the District moved buses from the high school to the 99W site to make room for modular buildings and materials related to the school remodeling project. • The contractor for the high school remodeling project constructed a temporary access road connecting the site to 85th Avenue, but it cannot be used to access the bus parking area • unless it is converted to a permanent access road through the Conditional Use Permit process. • • 2 • ejm/I446.001/docs/plan/applicationfd/11/13/06 • • • • • • • The site: The property is made up of one tax lot, a 43.65-acre parcel with frontage on SW • Durham Road on the north side, SW 85th Avenue on the east side and SW 92nd Avenue on • the west side. (Please refer to the Tax Assessor's map, Exhibit '1'). The site slopes slightly • from north to south, and from west to east. • It is mostly cleared of vegetation except for the group of trees just south of the swim center. The aerial photograph (Exhibit '2') shows the School District property and • surrounding neighborhood. • This application is for a Text Amendment, and not for approval of an specific location. • However, as a point of information, the District plans to site the parking area south of the • portables and behind the soccer field that is east of the swim center. The site would be • approximately 240 feet from the Durham Road south right-of-way line. A close up view (Exhibit '3') indicates the area on the site where the buses would be stored, if the text • amendment is approved. Adjacent uses: The high school property is zoned R-4.5, as are the neighborhoods to the • north, the west and the south. The homes to the south directly abut the school property. • The homes to the west and north are separated by 92nd Avenue and Durham Road, respectively. The area to the east is zoned Light Industrial, and is developed with light • industrial uses. See Exhibit '4', Zoning Map. • Description of Proposal: • • The proposal is to allow school bus parking as a "Civic (Institutional)" use permitted, with restrictions, in the R-1 through R-40 zones. A footnote would provide the details of the • restrictions. In this case, the restriction would be that school bus parking is permitted only • at a public high school, and must be located at least 200 feet away from the property line of any parcel used for residential purposes. Bus parking would be a permitted use, not a • conditional use. Exhibit '5' illustrates the area where bus parking would be prohibited at the • high school site (200 feet from the nearest property lines of any tax lots that are used for residential), as well as the specific area where the District is proposing to park the buses. • • While "schools" are permitted as a Conditional Use in the R-4.5 zone, bus parking is not listed as a permitted use or a conditional use. The definition of"accessory use" is a use that • is "incidental and subordinate to the main use of the property". Since the main use of the • property is a high school, and since many of the buses to be parking at this site are not related to the high school use, bus parking would not qualify as an accessory use. Also, the • definition refers to an accessory use as a "freestanding structure", and a parking area is not • a structure. The proposal text amendment would be made by amending Table 18.510.1, as shown on • the following table. The full table, as it would be amended, is attached as Exhibit '6'. • TABLE 18.510.1 • USE TABLE • USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 CIVIC (INSTITUTIONAL) • Schools C/R12 C/R12 C/R12 C/R12 C/R12 C/R12 C/R12 C/R12 12School bus parking is permitted at public high school sites as a restricted use; it must be • located a minimum of 200 feet from the nearest property line of any tax lot used for • residential purposes. • 3 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • Prior Reviews: A pre-application conference with city staff was held on the proposed text • amendment on October 10, 2006. (Please refer to the pre-application notes, Exhibit '7'). • No neighborhood meeting was held, since this is a legislative amendment. • • IMPACT ANALYSIS • • Impact Analysis. Chapter 18.390.040.B.2.e requires an impact study as part of the Type II procedure. Although the text amendment by itself has no impacts, the subsequent use of • a portion of the Tigard High School property for bus parking may have some minor impacts, • depending on exactly where it is located. No improvements to the transportation, drainage, parks, water, and sewer systems are necessary to meet City standards or to minimize the • impact of the development on the public at large, public facilities systems, and affected • private property users. • Following are comments regarding the impact of parking buses at the high school, based on • the planned location of the bus parking as shown on Exhibit`3'. • Transportation System: There are no significant impacts to the transportation system as a • result of this proposed text amendment or the subsequent use of a portion of the Tigard High School site for bus parking. The proposed text amendment would allow the District to • park buses at the high school. Approximately 30 buses would be parked on the site, and • would enter and exit the site twice a day, typically between the hours of 6:15 AM to 8:30 AM, and 3:00 PM to 4:00 PM, although buses may be coming and going throughout the day. • The buses will utilize the existing driveways between the swim center and the auditorium. • Drainage System: There will be no impact to the drainage system as a result of this • proposal. • Parks System: There will be no impact to the parks system as a result of this proposal. • • Water System: There will be no impact to the water system as a result of this proposal. • Sewer System: There will be no impact to the sewer system as a result of this proposal. • Noise impacts: There will be some future noise impacts as a result of this proposal because • of the buses entering and leaving the site in the morning and again in mid-afternoon. The • noise would only affect homes in the immediately surrounding area across Durham Road • from the swim center and auditorium. • Lighting: There will be no impact to the lighting system because of this text amendment. No • changes to the outside lighting are proposed. The District does not plan to install any new parking lot lights. • Police, Fire and other Emergency Services: There will be no impact to police, fire or other • emergency services as a result of this proposal. • Environmental impacts. There will be no impact on sensitive lands (i.e., wetlands, steep • slopes, floodplains, or wildlife habitats) as a result of this text amendment, or as a result of • the bus parking the text amendment would permit. • • • 4 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • RESPONSE TO STATE PLANNING GOALS • • The foundation of the statewide land use planning program are a set of 19 Statewide • Planning Goals. Goals 1-14 are applicable to Tigard; the rest of the Goals are applicable to coastal areas and the Willamette River greenway areas. The statewide goals are achieved • through the Tigard Comprehensive Plan and the City's zoning and land division regulations • contained in the Tigard Development Code. This amendment to the text of the • Development Code must be consistent with the applicable state policies. Most of the statewide goals are not applicable to the proposed text amendment or the subsequent • results of the text amendment. Nonetheless, the following section addresses these goals. • State Planning Goals: • Goal 1. Citizen Involvement. Develop a citizen involvement program that ensures the opportunity for citizens to get involved in all aspects of the planning process. • Even though this is a legislative change to the Development Code that could theoretically • apply throughout the City, the City staff plans to notify all property owners within 300 feet • of the Tigard High School property, and to notify the neighborhood organizations. This, and the required public notices in the newspaper, provides adequate opportunities for citizen • involvement. • Goal 2. Land Use Planning. Establish a land use planning process and policy • framework as the basis of all land use decisions and actions, and ensure an • adequate factual data base to substantiate those decisions and actions. The proposed text amendment allows a new use in a residential zone that the City currently • allows only in a commercial zone. However, the use is not a commercial use, and it is a use that is related to school facilities, which are allowed as conditional uses in residential zones. • Goal 3. Agricultural Lands. Preserve and maintain agricultural lands beyond the • Urban Growth Boundary of the community. Not applicable. • Goal 4. Forest Lands. Conserve forest lands, not committed for urban uses, for • strictly forest uses. Not applicable. • Goal 5. Open Spaces, Scenic and Historic Areas, and Natural resources. Conserve • open space and protect natural and service resources. Not applicable, unless the use was proposed in or adjacent to open spaces, scenic and historic areas and natural • resources, in which case regulations related to those resources would apply. The goal is not • applicable to the specific site where the District plans to park buses. • Goal 6. Air, Water and Land Resources Quality. Maintain and improve the quality • of air, water and land resources. Not applicable. In a general sense, the buses will be utilized within the Tigard-Tualatin School District boundaries, regardless of where they are • parking when they are not in use. Allowing buses to be parked at the high school will not • increase the impacts to the air, water and land resources over the existing impacts caused • by the buses. • Goal 7. Areas Subject to Natural Disasters and Hazards. Protect the community's • life and property from natural disaster and hazard areas. Not applicable, unless the use was proposed in or adjacent to area subject to natural disasters and hazards, in which • case regulations related to those hazards would apply. The goal is not applicable to the • specific site where the District plans to park buses. • • 5 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • Goal 8. Recreational Needs. Meet the recreational needs of the community and the • State. Not applicable. • Goal 9. Economic Development. Diversity and improve the economy of the • community and the State. Not applicable. • Goal 10. Housing. Provide adequate housing for the needs of the community, • region and state. Not applicable. Since the use will be allowed only at a high school, the • land that the use would consume would not otherwise be available to meet the City's housing needs. • • Goal 11. Public Facilities and Services. Plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as the framework • for urban development. The school buses should be considered part of the community's • necessary public facilities. As such, the City needs to address be best place to locate these • facilities so that public services, including school bussing, can be provided efficiently. • Goal 12. Transportation. Provide and encourage a safe, convenient and economic • transportation system. The goal calls for a safe, convenient and economic transportation system that addresses the needs of the transportation disadvantaged. Many school children • are "transportation disadvantaged". That is why the School District provides bus services. • Allowing the District to park buses at the high school furthers the goal of creating a safe, convenient and economic transportation system. • • Goal 13. Energy Conservation. Conserve energy. Not applicable. Re-locating the bus parking area to the high school will not significantly impact the energy used by the buses. • • Goal 14. Urbanization. Provide for an orderly and efficient transition from urbanizable to urban land uses. Not applicable. • • • RESPONSE TO METRO PLANS • • Regional Framework Plan • In 1992, the region's voters adopted a Charter for Metro that required the adoption of a • Regional Framework Plan. The Regional Framework Plan, updated and effective 12/28/05, unites all of Metro's adopted land use planning policies and requirements. The Charter • directs Metro to address the following subjects in the Plan: • • Management and amendment of the Urban Growth Boundary • Protection of lands outside the Urban Growth Boundary for natural resource use and • conservation, future urban expansion or other uses • • Urban design and settlement patterns • • Housing densities • Transportation and mass transit systems • • Parks, open spaces and recreational facilities • • Water sources and storage • Coordination with Clark County, Washington • • Planning responsibilities mandated by state law • • Other issues of metropolitan concern • • 6 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • Chapter 1 of the Regional Framework Plan addresses school and local government plan and • policy coordination, as follows: • 1.14 School and Local Government Plan and Policy Coordination. • It is the policy of the Metro Council to: • 1.14.1 Coordinate plans among local governments, including cities, • counties, special districts and school districts for adequate school facilities • for already developed and urbanizing areas. • 1.14.2 Consider school facilities to be "public facilities"in the review of city • and county comprehensive plans for compliance with the Regional • Framework Plan. • 8.3 Schools • It is the policy of the Metro Council to: • • 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies, including schools, to ensure • that public needs are met without jeopardizing opportunities for citizen • input or oversight for health and safety or environmental protection. • 8.3.8 Encourage local jurisdictions to partner (including funding) with • school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police, • neighborhood centers, senior centers, etc.). • Response. A parking area for school buses is a school-related public facility. This policy • directs and encourages the City to accommodate school-related public facilities in the City's • Comprehensive Plan and implementing ordinances. It also encourages joint use of school • sites for the public good. The proposed text amendment is consistent with this policy. • Urban Growth Management Functional Plan • Metro's Urban Growth Management Functional Plan provides tools that help the cities and • counties with territory inside the Metro Urban Growth Boundary meet the goals of the 2040 • Growth Concept. The Urban Growth Management Functional Plan is Section 3.07 of the • Metro Code. There are 12 titles in that section, which are summarized below. • Title 1 (Metro Code Sections 3.07.110 - 3.07.170) - Requirements for Housing and • Employment Accommodation. This section of the Functional Plan facilitates efficient use • of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing and employment which serves as their baseline and if a city • or county chooses to reduce capacity in one location, it must transfer that capacity to • another location. Cities and counties must report changes in capacity annually to Metro. • Response: The land that the School District plans to use for bus parking, while zoned for residential uses, is part of the high school campus, and would not otherwise be used for • homes. The text amendment does not reduce the City's housing capacity. • • 7 • ejm/1446.001/docs/pian/appli cation fd/11/13/06 • • • • • S • Title 2 (Metro Code Sections 3.07.210 - 3.07.220) - Regional Parking Policy. The • Metro 2040 Growth Concept calls for more compact development to encourage more • efficient use of land, promote non-auto trips and protect air quality. In addition, the federally mandated air quality plan adopted by the state relies on the 2040 Growth Concept • fully achieving its transportation objectives. This title establishes regionwide parking • policies that set the minimum number of parking spaces that can be required by local governments for certain types of new development. It does not affect existing development. Parking maximums are also specified. By not creating an over supply of • parking, urban land can be used most efficiently. • Response: This Title is not applicable. It does not apply to bus parking. Nonetheless, it • would allow a more efficient use of urban land. S Title 3 (Metro Code Sections 3.07.310 - 3.07.370) - Water Quality, Flood • Management and Fish and Wildlife Conservation. The goal of the Stream and Floodplain Protection Plan (Title 3) is to protect the region's health and public safety by • reducing flood and landslide hazards, controlling soil erosion and reducing pollution of the • region's waterways. Title 3 specifically implements the Oregon Statewide Land Use Goals 6 and 7 by protecting streams, rivers, wetlands and floodplains by avoiding, limiting or • mitigating the impact on these areas from development. • • Response: This Title is not applicable. The high school campus does not have any streams, rivers, wetlands or floodplains. • • Title 4 (Metro Code Sections 3.-07.410 - 3.07.440) - Industrial and Other • Employment Areas. Title 4 places restrictions of certain uses in three designations on•the 2040 Growth Concept Map. In Regionally Significant Industrial Areas, non-industrial uses • are limited to: • • • Retail uses less than 20,000 square feet and amounting to only 5 percent of the • contiguous Regionally Significant Industrial Area • • Commercial office uses that are not accessory to the industrial uses with the exception of large corporate headquarters, and; • • Uses necessary to serve the needs of businesses and employees of the Regionally • Significant Industrial Area. • In Industrial Areas, non-industrial uses are limited to less than 20,000 square feet and amount to 10 percent of the Industrial Area. • In Employment Areas, retail uses are limited to less than 60,000 square feet. This can be • increased if it is demonstrated that transportation facilities are adequate to serve the retail • use and to serve other planned uses in the Employment Area. • Response: This Title is not applicable. • • Title 5 (Metro Code Sections 3.07.510-3.07.540) - Neighbor Cities and Rural Reserves. This section of the Functional Plan directs Metro to work with its neighbor cities to protect • common locations for green corridors along transportation corridors connecting the Metro • • 8 • ejm/1446.001/docs/plan/applicationfd/11/13/06 S • • • S • • region and each neighboring city. The intent is to protect the land along these corridors from • continuous strip development to maintain their rural character and agricultural economy. • Metro's neighboring cities are Canby, Sandy and North Plains. • Title 5 requests that the counties and the cities adjacent to green corridors and rural reserves • adopt comprehensive plan policies to reflect the rural reserve policies contained in the 2040 • Growth Concept. • Response: This Title is not applicable. • Title 6 (Metro Code Sections 3.07.610 - 3.07.650) - Central City, Regional Centers, • Town Centers and Station Communities. The intention of Title 6 is to enhance the Centers • designated on 2040 Growth Concept Map by encouraging development in these Centers. Metro will work with cities and counties to implement development strategies which will include an • analysis of the barriers to development, an accelerated review process for preferred types of • development, an analysis of incentives to encourage development and a program to adopt the incentives. Cities and counties are encouraged to site government offices in Centers and are • required to report on the progress made in their Centers to Metro every two years. • • Response: This Title is not applicable. • Title 7 (Metro Code Sections 3.07.710-3.07.760) - Affordable Housing. This section of • the functional plan will ensure that all cities and counties in the region are providing opportunities for affordable housing for households of all income levels. • • The intent of Title 7 is to provide a choice of housing types, reduce barriers to sufficient and • affordable housing for, all income levels in the region, create housing opportunities commensurate with the wage rates of jobs available across the region, initiate a process for • addressing current and future needs for affordable housing, and reduce concentrations of • poverty. • Local jurisdictions are required to report on land-use and non-land-use tools and strategies they • have considered for adoption by January 31, 2002; to report on status of comprehensive plans amendments and adoption of affordable housing land-use tools by December 31, 2003; and to • report on the amendments to comprehensive plans, outcomes of affordable housing tools • implemented and any other affordable housing developed and expected by June 30, 2004. • Response: This Title is not applicable. • • Title 8 (Metro Code Sections 3.07.810-3.07.890) - Compliance Procedures. This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance • procedures and establishes a process for time extensions and exemptions to Metro Code requirements. • • Response: This Title is not applicable. • Title 9 (Metro Code Sections 3.07.910-3.07.920) - Performance Measures. This title • ensures that progress or lack of progress is measured in the implementation of the Urban • Growth Management Functional Plan (UGMFP) and the 2040 Growth Concept. This will help ensure better program management. Indicators for monitoring and evaluating policies and • • 9 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • requirements in each Functional Plan title will be identified and reviewed by the Metro Policy • Advisory Committee (MPAC), the Joint Policy Advisory Committee on Transportation • (JPACT) and adopted by the Metro Council. Metro will gather the data necessary for measuring progress with the assistance of the local jurisdictions. Analysis of the data will include reporting • at the regional level, jurisdiction levels and Growth Concept design type boundaries or center • areas. Response: This Title is not applicable. • • Title 10 (Metro Code Section 3.07.1010) — Definitions. This title defines the words and terms used in the document. • • Response: This Title is not applicable. • Title 11 (Metro Code Sections 3.07.1105 - 3.07.1140) - Planning for New Urban Areas. • The purpose of this title is to guide planning of areas brought into the UGB for conversion from rural to urban use. All land added to the UGB shall be included within a city's or county's • comprehensive plan prior to urbanization. The comprehensive plan amendment must be • consistent with all applicable titles of this Functional Plan. Title 11 lists ten provisions that need • to be addressed in the comprehensive plan amendment including an urban growth plan diagram and policies consistent with the Regional Framework Plan and adopted 2040 Growth Concept • design types. • Response: This Title is not applicable. • • Title 12 (Metro Code Sections 3.07.1210 - 3.07.1240) - Protection of Residential Neighborhood. The purpose of this title is to protect the region's existing residential • neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of • public services. Response: This Title is somewhat applicable. Section D. of this Title states: • • D. To make public schools more accessible to neighborhood residents, cities, counties and school districts shall prioritize school sites that are near concentrations of • population and are connected to those concentrations by safe and convenient • walking, biking and, where transit is available or planned, transit facilities. • The intent of this title is to encourage siting of school facilities in locations that encourage • access via a range of transportation modes, and that protect existing residential neighborhoods • from pollution, noise and crime. The proposed text amendment, with the requirements that bus parking is restricted to high school sites, and then only if the proposed location for the bus parking is located at least 200 feet away from existing residential uses, is consistent with this • title. • • • • • • • 10 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • RESPONSE TO COMPREHENSIVE PLAN POLICIES • • • Comprehensive Plan Policies • The Comprehensive Plan provides the policy framework for the City's planning program, and • directs the implementation strategies. Like the statewide goals, many of the policies are not directly applicable to the proposed text amendment. Following are the applicable • policies. There are twelve policy areas listed in the Comprehensive Plan, which are not • exactly the same as the state goals. • 1. General Policies. Not applicable. • 2. Citizen Involvement. Applicable. • • POLICY 2.1.1 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 City staff plans to notify all property owners within 300 feet of the Tigard • High School property, and to notify the neighborhood organizations. This, and the required • public notices in the newspaper, provides adequate opportunities for citizen involvement. • 3. Natural Features and Open Space. Not applicable. • 4. Air, Water and Land Resources Quality. The policy on noise is applicable. • • POLICY 4.3.1 THE CITY SHALL: • a. REQUIRE DEVELOPMENT PROPOSALS LOCATED IN A NOISE CONGESTED AREA OR A USE • WHICH CREATES NOISE IN EXCESS OF THE APPLICABLE STANDARDS TO INCORPORATE THE FOLLOWING INTO THE SITE PLAN: • 1. BUILDING PLACEMENT ON THE SITE IN AN AREA WHERE THE NOISE LEVELS WILL • HAVE A MINIMAL IMPACT; OR 2. LANDSCAPING AND OTHER TECHNIQUES TO LESSEN NOISE IMPACTS TO LEVELS • COMPATIBLE WITH THE SURROUNDING LAND USES. • b. COORDINATE WITH DEQ IN ITS NOISE REGULATION PROGRAM AND APPLY THE DEQ LAND USE COMPATIBILITY PROGRAM. • c. WHERE APPLICABLE REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY • (PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL) THAT ALL APPLICABLE STANDARDS CAN BE MET. • • IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code shall ensure that future "noise sensitive" • developments are designed and located so as to minimize the intrusion of noise from motor • vehicle traffic and/or neighboring noisy uses. 2. The Tigard Community Development Code shall ensure that new commercial, industrial • and public developments are landscaped and designed such that Department of • Environmental Quality (DEQ) noise standards are met and neighboring "noise sensitive" • properties are not negatively impacted by the new land use or associated activities. This shall be accomplished through building setbacks, buffering standards and use compatibility. • • 11 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • 3. The City shall seek a response and/or assistance from the Department of Environmental • Quality (DEQ) when reviewing commercial or industrial uses in or near residential areas to • prevent degradation of previously quiet environments. • Response: The proposed site is not in a noise congested area, or a use that will generate • noise in excess of applicable standards. It does not involve the placement a building. It will minimize the intrusion of noise from the noise sensitive residential areas by being set back • on the site at least 100 feet away from the property line. • 5. Economy. Not applicable. • 6. Housing. Policy 6.6 is somewhat applicable. • 6.6ALL AREAS • POLICY • 6.6.1 THE CITY SHALL REQUIRE: • a. BUFFERING BETWEEN DIFFERENT TYPES OF LAND USES (FOR EXAMPLE BETWEEN SINGLE FAMILY RESIDENTIAL AND MULTIPLE FAMILY RESIDENTIAL AND RESIDENTIAL AND COMMERCIAL USES, AND RESIDENTIAL AND INDUSTRIAL USES) • AND THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE TYPES 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 • S. WHETHER THE VIEWER IS STATIONARY OR MOBILE. • • Response: While the land use (a public school) is different from the land uses allowed on • the adjacent and nearby properties, schools are allowed in the R-4 zone. Typically, no buffering is required between a school and adjoining residential properties. (CHECK BUFFER CHART) Nonetheless, the proposed text amendment would require a 100-foot buffer • between the property line and the bus parking area, when the adjoining property is zoned residential. • • The proposed bus parking area is not adjacent to a residential area, so no visual barrier is needed. Further, any noise impacts from the buses would be caused by the moving buses, • not from the parked buses, so buffering would not have any effect on the noise levels. • 7. Public Facilities and Services - Partially Applicable. • 7.8 SCHOOLS Findings • • The location and development of school facilities has a significant impact on • residential development, transportation system location and development of public facilities and services. • • POLICY • • 12 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • I • • • 7.8.1 THE CITY SHALL WORK CLOSELY WITH THE SCHOOL DISTRICTS TO ENSURE THE • MAXIMUMUM COMMUNITY USE OF[THE]SCHOOL FACILITIES FOR TIGARD • RESIDENTS THROUGH LOCATION CRITERIA AND THE PROVISIONS OF URBAN SERVICES. • • IMPLEMENTATION STRATEGIES 3. The City shall develop "Locational Criteria"and will cooperate with the school districts in their efforts to select new school sites in order to ensure adequate facilities and • minimize conflicts with the Comprehensive Plan. • Response: Parking for school buses should be considered a "public facility" or part of the • "school facilities". The location of school facilities was considered when the Comprehensive Plan was adopted. The Comprehensive Plan map designates the Tigard High School site as • "Public Institution" which includes areas deemed appropriate for"municipal uses, school • uses or other public uses". • Schools, and particularly high schools, can have significant impacts on residential • neighborhoods. Parking buses at the high school intensifies the impact of the high school • somewhat, but setting the bus parking back from the street, out of view from Durham Road, and not near or abutting any homes, mitigates this minor added impact. S • 8. Transportation - Not applicable. 9. Energy - Not applicable. • 10. Urbanization - Not applicable. S • 11. Special Areas of Concern - Not applicable. • 12. Location Criteria - Applicable • 12.4 COMMUNITY UTILITIES AND FACILITIES • • Public utilities and facilities include public and private activities which are owned and operated for the benefit of the public. These include, for example, schools, libraries, • hospitals, parks, golf courses, police and fire stations, water service, sewerage facilities and • other operations performed as a public service. These facilities and uses have a direct effect on the public health, safety and welfare. They must be located in a manner which • maximizes the net gains to the public and relates to the service area. • The purposes of this section are to: • 1. Provide services where and when appropriate; 2. Locate community utilities and facilities where appropriate access and required services can be achieved; 3. Support community identify and development of community centers; 4. Reduce auto trips by clustering public services with other commercial, office and industrial uses; • 5. Minimize adverse impacts on adjacent development through site location and design • guidelines; and 6. Promote reduced crime potential through design and location based on principals of • defensible space. • S 13 • ejm/1446.001/docs/planlapplicationfd/11/13/06 S 9 • • • • • POLICIES • • 12.4.1 THE CITY SHALL PROVIDE FOR THE LOCATION OF COMMUNITY FACILTIES IN A MANNER WHICH ACCORDS WITH: • A. THE APPLICABLE POLCIES IN THIS PLAN; • 8. THE LOCATIONAL STANDARDS APPLICABLE TO THE SCALE AND STANDARDS OF THE USE. • • This section of the Comprehensive Plan then lists various land uses, and groups them according to impact. High schools are listed under"medium impact utilities and facilities". • • Section 2 lists locational criteria for these types of utilities and facilities. These locational criteria apply to broad categories of land uses. The following section shows that school bus parking at a high school is consistent with the locational criteria. • 2. Medium Impact Utilities and Facilities • (1) Access • (a) There is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. • (b) Site access will not cause dangerous intersections or traffic congestion • considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. • (c) There is public transit within one-quarter mile of the site. • Response. The bus parking area will have direct access to Durham Road, a collector • street. Traffic will not be routed through local neighborhood street. The site access • driveways to the high school are already well established, and are being used, or have been used in the past, by buses. There is public transit within one-quarter mile of the site. • • (2) Impact of the Proposed Change on Adjacent Lands (a) It is compatible with surrounding uses, considering scale, character • and use. (b) It will reinforce orderly and timely development. • (c) Associated lights and noise will not interfere with the activities and uses on the surrounding properties. (d) Large scale construction and parking lots can be buffered from • adjacent uses. (e) Privacy of adjacent residential developments can be maintained. • (f) The site layout can respond to existing community identity and street • patterns. (g) Buffering can screen the project from adjacent uses. • (h) There is adequate area landscaping to filter the dust from the site • area. • Response: The bus parking area will be compatible with the surrounding uses, which are a • high school campus and industrial buildings. The lights and noise from the buses will not interfere with the activities of the high school or with the adjacent industrial uses. The use • will be buffered by the proposed location on the high school campus, and by the proposed • 100-foot setback from the adjoining residential property lines. There are no residences near • where the District plans to park the buses. Buffering is provided with the deep setback, and screening is provided by the stand of oak trees. • (3) Site characteristics • • 14 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • (a) The land intended for development has an average site topography of • less than a 10% grade, or it can be demonstrated that through • engineering techniques, all limitations to development and the provision of services can be mitigated. (Note: This does not apply to • parks.) • (b) The site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which • maximizes user convenience and energy conservation. • (c) The unique natural features, if any, can be incorporated into the design of the facilities or the arrangement of land uses. • • Response: The site is flat. The campus is quite large, with few environmental constraints, and the high school buildings and fields are already firmly established. The • proposed bus parking area does not diminish the use of the property for other present or • future uses. The natural features of the site will serve as a buffer from the residential areas on the north side of Durham Road. • • RESPONSE TO DEVELOPMENT CODE REQUIREMENTS • • Development Code criteria and standards • The applicable Development Code Sections are • Chapters 18.380 (Zoning Map/Text Amendments); 18.390 (Decision Making • Procedures/Impact Study); 18.510 (Residential Zoning Districts); and 18.745 (Landscaping • and Screening Standards) - if necessary. • Chapter 18.380.020 requires Legislative Text Amendments to the Development Code • requires a Text Amendment to be processed by a Type IV procedure, which is how this application will be processed. Therefore, the application meets the requirements of Chapter • 18.830. • Chapter 18.390 provides the procedures for reviewing proposed text amendments. This • application will go first to the Planning Commission, which will make a recommendation to • the City Council. A District had a pre-application conference with the City staff. The Director indicated that he would waive the application time period. Eighteen copies of the • application have been submitted, along with the application fee and a completed application • form. The appropriate criteria have been addressed by the applicant. The City will provide the property notices (and in fact, will send notices to all property owners within 300 feet of • the high school, which is not a requirement of the Code). • Section 18.390.060.G requires the Planning Commission and City Council to base their • decision on the following factors: • 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; • 2. Any federal or state statutes or regulations found applicable; • 3. Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; and • 5. Any applicable provisions of the City's implementing ordinances. • The application addresses these factors. Therefore, the application meets the requirements • of Chapter 18.390. • • 15 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • Chapter 18.510 lists the uses allowed in the R-1 through R-40 zones, and the • development standards that apply. Section 18.510.030.2 provides for "restricted uses", which is a use permitted outright providing it is in compliance with special requirements, • exceptions or restrictions. The proposed text amendment creates a new restricted use, • listed under the CIVIC (Institutional) category, and identifies the restrictions that would • apply to that use in a residential zone. Therefore, the application meets the requirements of Chapter 18.510. • • Chapter 18.745 establishes standards for landscaping, buffering and screening of land uses in order to enhance the aesthetic environmental quality of the City. This section does • not apply specifically to a Text Amendment, but may apply to the proposed bus parking. • Section 18.745.020 states that the provisions of this chapter apply to "...a change of use which results in the need for increased on-site parking or loading requirements or which • changes the access requirements. • However, schools are a use permitted in a residential zone, so they are considered the same • use. No buffering or screening would normally be required, according to Table 18.745.1. • Even if the school and the nearby house are considered different uses, buffering, but not screening, is required when the uses are separated by a right-of-way, according to Section • 18.745.050.A.2. (Actually footnote [1] of Table 18.745.2 contradicts this requirements by • stating "Buffers are not required between abutting uses that are of a different type when the uses are separated by a street as specified in Section 18.745.050.A2.") • • Nonetheless, the proposed Text Amendment would require a 200-foot setback from any property line of a parcel used for residential purposes, which results in a much greater • buffer than the buffer distances required by Table 18.745.1. • Although the application is for a Text Amendment and not for approval of a specific site, the • proposed location is next to properties zoned and used for industrial purposes, and is • screened from view from Durham Road by buildings and trees. • • SUMMARY • • Allowing buses to be parked at the high school is a good idea. Bus parking is a school- • related public facility and use that is appropriate on a high school campus. The 43-acre • high school site is designated "public/institutional" on the Comprehensive Plan map, and is already developed as a high school. It will also help reduce vehicle miles traveled, as buses • serving the southern portions of the district can be located at the high school instead of the • bus barn further north on Hall Boulevard. • The simplest and most consistent method of allowing bus parking at the high school is to • simply make it a restricted use under the "Civic (Institutional)/Schools" category, with restrictions that include 1). It has to be located on a high school campus; and 2). It has to • located a minimum of 200 feet from any property line of a parcel that is used for residential • purposes. • • • • • 16 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • • • • • • • EXHIBITS • • Exhibit'1' Tax Map • • Exhibit'2' Aerial Photograph • Exhibit'3' Aerial Photograph - East Property • Exhibit '4' Zoning Map • • Exhibit'5' No Bus Parking Buffer Map • Exhibit '6' Table 18.510.1 - As Proposed • Exhibit '7' Pre-application Conference Notes • • • • • • • • • • • • • • • • • • • • • • • • • • 17 • ejm/1446.001/docs/plan/applicationfd/11/13/06 • • 0 7.................0 -1 • . Legend • . •• sabot kail.ieby i„El.Exann inn i : • 25 1 52AA• • • . •• . , , ,,, ,. " i. O ...''. . . R DA i....., .• 522" .. • Dur-5-IAM 1202,5 -- 525 42.9> .! .• . . . , . . *„.. . . . O . . • • • ' .. f: O :) . ..... 0 . .....! .• 11 ...i •. ', . •°•••1 • - -;.• : • i.... • - -•• ... ... . .. . . i • •. '`:"..,. .:.:. : i .„... ...:.......:. I i . . 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I, ,.. , .. . . : • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Exhibit 6 • • TABLE 18.510.1 • USE TABLE • • USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL • Household Living P P P P P P PP • Group Living R'/C R'/C R'/C R1/C R'/C R'/C Rl/C R'/C Transitional Housing N N N N N C CC • Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 • • HOUSING TYPES • Single Units, Attached N N N R8 R9/C P P P Single Units, Detached PP P P P P PP • Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 • Duplexes N N C C P P P P • Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P p • Mobile Home Parks/Subdivisions N N C C P P P P • CIVIC (INSTITUTIONAL) • Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 • Colleges C C C C C C C C Community Recreation C C C C C C C C • Cultural Institutions N N C C C C N N • Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 • Emergency Services C C C C C N N N Medical Centers N N C C C C C C • Postal Service N N N N N N N N • Public Support Facilities PP P P P P PP Religious Institutions C C C C C C C C 12 11 12 12 12 12 12 12 • Schools C/R C/R C/R C/R C/R C/R C/R C/R • Social/Fraterna1 Clubs/Lodges N N N N N C C C • COMMERCIAL • Commercial Lodging N N N N N N N N • Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented • - Major Event Entertainment N N N N N N N N • - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N • - Adult Entertainment N N N N N N N N • General Retail - Sales-Oriented N N N N N N R'� R1� • - Personal Services N N N N N N R" R" • - Repair-Oriented N N N N N N R'1 R" -Bulk Sales N N N N N N N N • -Outdoor Sales N N N N N N N N • - Animal-Related N N N N N N N N • • 18.510-3 • • • • • • 0 • • TABLE 18.5110.1 (CON'T) • USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Motor Vehicle Related • - Motor Vehicle Sales/Rental N N N N N N N N • - Motor Vehicle Servicing/Repair N N N N N N N N • - Vehicle Fuel Sales N N N N N N N N O f f i c e N N N N N N N N • Self-Service Storage N N N N N N N N • Non-Accessory Parking N N N N N C'° C'° C1° • INDUSTRIAL • Industrial Services N N N N N N N N • Manufacturing and Production - Light Industrial N N N N N N N N • - General Industrial N N N N N N N N • - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N • Research and Development N N N N N N N N • Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N • Wholesale Sales N N N N N N N N • OTHER • Agriculture/Horticulture P6 P6 P6 P6 P6 N N N • Cemeteries N N C C C N N N • Detention Facilities N N N N N N N N • Heliports N N N N N N N N Mining N N N N N N N N • Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 • Rail Lines/Utility Corridors C C C C C C C C • • P=Permitted R=Restricted C=Conditional Use N=Not Permitted O 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted • as conditional use. O 2Permitted subject to requirements Chapter 18.742. • 3Permitted subject to compliance with requirements in 18.710. •• 4Except water and storm and sanitary sewers, which are allowed by right. • 51n-home day care which meets all state requirements permitted by right; freestanding day care centers which O meet all state requirements permitted conditionally. • 6When an agricultural use is adjacent to a residential use,no poultry or livestock, other than normal household 0 pets,may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling • on the same lot. 0 O 18.510-4 S 0 • • • • • • 7See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted • facilities. • 8Attached single-family units permitted only as part of an approved planned development. • • 9 Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units • per grouping. • '°Only park-and-ride and other transit-related facilities permitted conditionally. • • Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of • the building. • 12School bus parkinz is permitted at public high school sites as a restricted use; it must be located a • minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. 18.510.040 Minimum and Maximum Densities • A. Purpose. The purpose of this section is to establish minimum and maximum densities in each • residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To • ensure that property develops at or near the density envisioned for the zone, the minimum density for • each zoning district has been established at 80% of maximum density. • B. Calculating minimum and maximum densities. The calculation of minimum and maximums • densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other • constraint, it is not possible to accommodate the proportional minimum density as required by Section • 18.71 5020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.5 10.2 below. Such an adjustment may be granted by means of a Type I • procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.2. • 18.510.050 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 18.370; • 2. All other applicable standards and requirements contained in this title. • B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. • • • • 18.510-5 I I • • • TY OF TIGARD �, PRE-APPLICATION CONFERENCE NOTES iRty °e(n n pMent Shaping 11(Better Community (Pre-Application Meeting Notes are Valid for Six (6) Months) rmo ow 10 -i o --OL NON-RESIDENTIAL APPLICANT: T,t,-d Ta_alo--(i,•, 5e-1,ov i t is ;c4-- AGENT: .{-{oss I Phone: (5o3) L431-- +oo' Phone: (5o3) a cr- a33a• PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 61 4-ti w I d e Te s;ci e Zuv,,e c TAX MAP(S)/LOT #(S): NECESSARY APPLICATIONS: DC-A C bevel opi-n enf Co cle endure -r-) PROPOSAL DESCRIPTION: Aw,e r d -k -I- a-iP -h"-z_ r e s 7 d e a I u j-e- Co de. - b bas pAt-Kin S-Ivr-a9 e COMPREHENSIVE PLAN MAP DESIGNATION: C. ft-i(A)F e re s ZONING MAP DESIGNATION: d+-I d e re ; ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 1$. N' MINIMUM LOT SIZE: sq. ft. Avera•e •-. • width: ft. Max. building height: ft. Setback& Front ft. Side Rear ft. Corner ft. from street. MAXIMUM SITE COV : % Minimum landscaped or natural vegetation area: %. NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) Nod THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED . PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two CI (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. • NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section D. If a replacement tr•f the size cut is not reasonably axle on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ❑ CLEAR VISION AREA (Refer to Cede Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless-lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2% TIMES THE AVERAGE WIDTH, unless the parcel is less than 1% times the minimum lot size of the applicable zoning district. CODE CHAPTERS - 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) _ 18.765(Off-Street Pa rtcungll.oadirg Requirements) - 1 8.340(Dims Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) - 18.350(Planned Development) 18.705(Access/Egress/Circulation) _ 18.780(Signs) _ 18.360(Site Development Review) 18.710(Accessory Residential Units) _ 18.785(Temporary Use Permits) • 18.370(Variances/Adjustments) 18.715(Density Computations) - 18.790(Tree Removal 18.380(Zoning Mapaext Amendments) 18.720(Design Compatbility Standards) _ 18.795(Visual Clearance Areas) _ 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) _ 18.798(Wireless communication Facilities) X 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) _ 18.810(Street&Utility Improvement Standards) - 18.410(Lot Line Adjustments) 18.740(Historic Overlay) - 18.420(Land Partitions) 18.742(Home occupation Permits) _ 18.430(Subdivisions) 18.745(Landscaping&Screening Standards) i 4' rat c e s s a►-•� X 18.510(Residential Zoning Districts) 18.750(Manufactured Mobil Home Regulations) • - 18.520(Commercial Zoning Districts) 18.755(Mixed Solid Waste/Recyding Storage) - 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section . ADDITIONAL CONCERNS OR COMMEN • • 11921ira-1;ova rn(,Ai4- anses /- 1'hc. a�op) iC���h(e Sri-�er,o- 1,2 —re , ,-cl be_vac)r rn -n� Cat Lt o . - s' plan •ol;ci of a.� d de Plannial Goals. y pe. 771L pla,m)n 0e rn rrt;S.t; h ea r i n r / e f o m r Y l€ d-c x:h a ti 1-O co u ti c O-1 ( nc I( be a- s-eP a-r-d _ h ea-r 5 . — Reqiir-e l8 ngio;es A-f oft/;ca-l;en - Few is *3, 4Q I Exa.vnp le. 2OA cl 00 3 — 000v a Si Cade. Also 20(4,1601-000e I Tv rtv; 41,tis -r, le. P/eo.se Gan-1 a GF LarcC.. &errlQnd ow' laN1'r.vrdS Th vis ; on o(+ eGoa) )718 - a44103. (te.ce5 s tt,r„ S $5 r,,tati b� poss�bI-L. (P'" �.t. cc;re—t_ a.n a4) . -ht-. f"7-1. PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. ✓ Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPUCATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section The administrative decisior public hearing will typically occur aPoximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard ) L113A . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). • i• • I • e con erence an• notes cannot cover a ••e requirements an• aspects re at-• to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staffrelati a to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: ( /4 O . <437 CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-7197 EMAIL . 101/4/ TIRE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.Dgartar.ns H:\patty\masters\Pre-App Notes Commercial.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planning Division Section 1/= pass's O.-7pIIca-61( pbl�c s ies • VOLUME II • FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES TABLE OF CONTENTS Policy# Page# / INTRODUCTION 1. GENERAL POLICIES 2. CITIZEN INVOLVEMENT 2-1 3. NATURAL FEATURES AND OPEN SPACE 3-1 3.1 Physical Limitations and Natural Hazards and Wetlands 3.2 Floodplains 3.3 Natural Resources • 3.4 Natural Areas 3.5 Parks, Recreation and Open Space 3.6 Park Standards 3.7 Historical-Cultural Resources 4. AIR,WATER AND LAND RESOURCES QUALITY 4-1 4.1 Air Quality 4.2 Water Quality \/-4.3 Noise Pollution 4.4 Land Resources 5. ECONOMY 5-1 6. HOUSING 6-1 6.1 Housing Needs 6.2 Housing Costs 6.3 Established Residential Areas 6.5 Housing Conditions ✓6.6 All Areas 7. PUBLIC FACILITIES AND SERVICES 7-1 7.1 General 7.2 Storm Drainage and Wastewater Management 7.3 Water Service 7.4 Sewer Service 7.5 Police Protection 7.6 Fire Protection 7.7 Private Utilities ✓7.8 Schools 7.9 Health Services 7.10 Local Government Facilities 7.11 Library Services 7.12 Solid Waste Disposal and Recycling 8. TRANSPORTATION 8-1 8.1 Transportation System 8.2 Trafficways 8.3 Public Transportation 8.4 Transportation for the Disadvantaged 8.5 Pedestrian and Bicycle Pathways 8.6 Railroads 9. ENERGY 9-1 10. URBANIZATION 10-1 10.1 Annexation of Land 10.2 Extension of Services Outside the City Limits 10.3 Annexation of Land Outside the Urban Growth Boundary • • 11. SPECIAL AREAS OF CONCERN 11-1 11.1 Neighborhood Planning Organization#1 11.2 Ash Avenue 11.3 Neighborhood Planning Organization#3 11.4 Neighborhood Planning Organization#4 • 11.5 Neighborhood Planning Organization#5 11.6 Action,Areas 11.8 Neighborhood Planning Organization#8 11.9 Washington Square Regional Center 11.10 Durham Quarry Mixed Use Development Area 12. LOCATIONAL CRITERIA 12-1 12.1 Residential 12.2 Commercial 12.3 Industrial 12.4 Community Utilities and Facilities 12.5 Mixed Use Districts 09/29/2008 12:47 FAX 5035981960 CITY OF TIGARD U1002 • • • ' • 17424' . • . PRE-APPLICATION I CONFERENCE REQ /' �.�ST, ete f Tigereti Permit Omar 13125 S WHall Bhd, Tigtrcz OR 97223 -N ��More 503.639.4171 503.598.2960 O/ � GENERAL INFORMATION . - Applicant-7P/ i ✓d - I ILQL .. /itljti' 6SiY1bi'i9a3 FOR STAFF USE ONLY Address: ' fD' ,,0 l�N! •�f1 � +-1•Phone:,W3-�?�-i1D Q���-D'b — DYJU�`� Y l�� �(✓a - Zip: 'gg d � CaseNo.: (o . Receipt No.: --ery(o'-f 7 33 Contact kirsont Kali flossam Phone:451 -41S tleW Application Accepted By. �,'rR-e1''r Property Owner/Deed Holder(s): 5 2 "-- • Date: /DI -i I US° DATE OP PRE-.APP.: /0/1010(o Address: Sow_ As 46oyp Phone: TIME OP PRE-APP.: q 1 01) City: Zip: C PRE-APP.HELD WITH: -T/�i rot l A, 1 •,�_, Rev.715106 Property Address/Location(s): (/ 0 ai �MI`d)' - iAnupla\reastea Vaud use applications\Ihc•App Request Apg.doc • • Tits'e d OIL— q9 .y . 0 . . ',Oi MITRED SUBMITTAItELEinNTS. Tax Map&Tax Lot#(s): as`t LI 00 100 (Note: applications will=be accepted without the required submittal elements) Zoning: K.'' . s - . . ❑ Pre-Application Conf.Request Form . Sire Size: 13- 6,S az- 5 COPIES_EACU CIF THE FOLLOWING, . ❑ Brief Description of the Proposal and any • FRE-APPLICATION COLT" FNCE INFORMATION site-specific questions/issues that you e l to have staff research prior to o the All of the information identified on this form are required to'be submitted by the applicant and received by the•Planning Division a nninimum_of one (1) 0 Site Plan. The site plan must show the weelsvior to officially scheduling a ate- on conference date/tiro to ' proposed lots and/or building layouts drawn allow staff ample time to prepare for the meeting. to scale. Also, show the location of the subject property in relation to the nearest A pre-application conference can usually be scheduled within 1-2 weeks of the .streets;and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursday subject property and across the strict. mornings. Pre-application conferences are one (1) hour long and are typically i❑ vicinity map. held between the hours of 900-11:00 AM, . ❑ The Proposed Uses. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ Topographic Information. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. . © If the Pre-Application Conference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE . MONOPOLE project, the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM.THE CITY IN ADVANCE SO THAT ALTERNATE ROOM • form of an affidavit of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was completed (see GROUP. • • Section 18.798.080 of the Tigard Community • Development Code). • • • I ❑ Filing Fee$362.00 PAGE 212'RCVD AT 9129120061:50:33 PM(Pacific Daylight Timed x SVR:PDXFAX16"DNIS:8666"CSID:5035981960*DURATION(mm-ss):01.10-- • • Pre-Application Conference Request for Tigard-Tualatin School District 23J Regarding Development Code Amendment Kelly Hossaini, Miller Nash LLP, representing Tigard-Tualatin School District (the "District") would like to meet with staff to discuss modifying the use regulations applicable to the R-4.5 Low-Density Residential District to allow school bus storage/parking at Tigard High School. Rob S. Saxton, Superintendent, discussed such a modification with Dick Bewersdorf recently, and Mr. Bewersdorf recommended that the District set up a pre-application conference to further explore the issue. That is the purpose of this request. The District currently parks the majority of its buses at the District Bus Yard, located at 13000 S.W. Hall Boulevard. The Bus Yard is not large enough to accommodate all of the District's buses, however, and so some buses have been temporarily parked at the former Hibbard Administration Center at 13137 S.W. Pacific Highway. This property is currently in the process of being sold to a private developer. PDXDOCS:1521827.1 09/29/06 2:45 PM 0 1•1•::i••_;,:•„„'. 1. .:-..• 1 • •• .... . ' . 'cli•••"'t...i„, *- .4. 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October 2006 November 2006 S M T W T F S S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 Tuesday, October 10, 2006 26 27 28 29 30 -Pre-Apps CD Meetings Early • --1 8:00 AM 9:00 AM (9:00 AM- 10:00 AM) Pre-App(Tigard-Tualatin School Dist. 205-2332 Kelly Hossaini School Bus Pkg/Storage modify zone regulations) 10:00 AM 11:00 AM (11:00 AM- 12:00 PM) Phil Nybakken 503-341-8002 8685 SW McDonald St. 2-lot MLP 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM Late Tasks - Notes eef Po-ck- es l s `., sdte . aS o--� acd.esj Or.l cc/-� i •� $a-- Hof Lou d � �uG �f. Eo rce et-1 p y-u- &4 es • , • ; y►�t• i-1- is )oc,ct-k.d c el ... - S;-k-- I Shirley Treat 1 10/2/2006-8:38 AM CITY OF TIGARD 10/2/2006 13125 SW Hall Blvd. 8:40:08AM Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004733 Date: 10/02/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2006-00079 [LANDUS] PreApp Conf 100-0000-438000 316.00 PRE2006-00079 [LRPF]LR Planning Surcharge 100-0000-438050 46.00 Line Item Total: $362.00 Alknents: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check MILLER/NASH LLP st 199928 In Person 362.00 Payment Total: $362.00 • cReceipt.rpt Page 1 of 1 • Agenda Item Discussion& Comments Action Items (follow up) 8. Legislative Mayor Dirksen Opened the Public Hearing. Motion by Mayor Dirksen, Public Hearing seconded by Councilor —Residential Declarations or Challenges. Harding, to continue the Zoning District There were no declarations by the City Council public hearing to April 10, Use Regulations regarding ex parte contact or a conflict of interest. 2007. Amendment— There were no challenges from the audience Development pertaining to the Council's jurisdiction to hear this The motion was approved Code matter nor was there a challenge on the participation by a unanimous vote of Amendment of any member of the Council. Council present. D(1 44 Staff Report. Mayor Dirksen Yes 0000 Associate Planner Caines presented the staff report; Councilor Buehner Yes the summary is on file in the City Recorder's office. Councilor Harding Yes Councilor Woodruff Yes The issue before the City Council was for consideration of a Development Code amendment to Chapter 18.510 to allow school bus parking as an accessory use on high school sites in residential zones subject to location restrictions (not within 200 feet of a property line abutting a residential use). The applicant is the Tigard-Tualatin School District, • which wants to allow school buses to park at high school sites. The City's Development Code does not address school bus parking within residential zones and, therefore, is not permitted. Options available to the City Council were discussed. Associate Planner Caines advised staff recommended approving the requested Development Code amendment as recommended by the Planning Commission. The staff amended the request to allow school bus parking as an accessory use (not a restricted use as proposed by the applicant). City Attorney Ramis, in response to a question from Councilor Buehner, advised that the City Council has wide authority in considering this proposed amendment. The use could be permitted, a conditional use, or a temporary use. He said what is important is for the City Council to indicate a policy direction. Councilor Buehner said she was concerned about allowing buses on the property indefinitely. City Tigard City Council Minutes - March 13, 2007 11 • • Agenda Item Discussion & Comments Action Items (follow up) Attorney Ramis said the City Council's final decision could include a time period for review. Applicant Testimony: Tigard-Tualatin School District(1"1'SD) Chief Financial Officer Roy Burling, TTSD Transportation Director Judy Friesz, TTSD Attorney Kelly Hossaini,and Parati Consultant Ed Murphy presented testimony for the applicant. Key points included: • TTSD is looking for a place to park school buses temporarily and have determined they would like to park them at the Tigard High School. • They would do additional paving and would keep the buses away from the residential areas. • Noise levels of the buses have been tested; they found the level to be less than 95 decibels. The noise from the buses was not audible on the other side of the swim center. • TTSD has looked for an alternate site; however, it has been difficult to find the right property in the right zone. • TTSD is also looking to find a school bus parking facility that is better than the one located on Hall Boulevard, near the City Hall. Mt. Murphy reviewed additional testimony. His key points were: • This is a logical request. The Development Code does not allow school bus parking; however, it does not prohibit it either. The amendment can be narrowly written with restrictions. • The proposed high school site is good: it is centralized parking within the District and is near industrially zoned property. The site is publicly owned. • The proposal before the City Council at this time is for a text amendment to the Development Code. The plans would need to go through City reviews. Tigard City Council Minutes - March 13, 2007 12 • • Agenda Item Discussion& Comments Action Items (follow up) • It is anticipated that there will be 14-16 buses parked at this site. • Buses will be parked where modular buildings are now located; there would be no reduction in parking at the site. • No impacts on the sewer system. • Air quality issues were reviewed in his March 7, 2007, letter to the Tigard City Council. A copy of this letter is on file in the City Recorder's office. In response to Councilor Harding, Mr. Burling advised buses are on a routine maintenance program and are monitored for amount of exhaust. In addition, Ms. Friesz advised that the buses are required to go through an annual inspection to meet state requirements. In response to a question from Councilor Woodruff, Mr. Burling said the School District hoped they would have a more permanent solution in about two years. They are actively pursuing options; the parking at the high school would be temporary. In response to Councilor Buehner, Mr. Burling advised they would only park district buses at the high school. Ms. Friesz said they do not anticipate adding more school buses. For now, they have 14 routes and have two extra buses. The District is aware that they do need to fund another location. Opponent David Mulholland, 9022 SW Waverly Drive presented written testimony. This testimony is on file in the City Recorder's office. His key points were: • There are inconsistencies in the District data regarding the amount of property to be affected, the number and size of the buses, and whether the use will be temporary or long-term. • Unfair to expect citizens in this area to bear this burden. • Concerns outlined in his letter included issues Tigard City Council Minutes - March 13, 2007 13 • • Agenda Item Discussion& Comments Action Items (follow up) with noise, parking, and traffic. In response to a question from Councilor Buehner, Mr. Mulholland advised he is aware that the District representatives have said the buses will be parked where the modular building are now; but, he questioned why that area isn't definitively named in the proposal. There was discussion on the amount of noise created by buses, the early-morning schedule for buses and whether the noise is considered to be a problem by some and not others. Mr. Mulholland noted the use for this site is different from having buses drive by. Before the buses leave,each bus goes though a pre-trip inspection,which includes a time when the engines are left to idle. He noted concerns that this would adversely affect the Waverly Drive neighborhood. Rebuttal Mr. Murphy and Ms. Hossaini offered the following rebuttal remarks: • Disputed the claim of inconsistencies by the TTSD. District will park their shorter buses at this site; the buses will be 200 feet away from residential property. If a conditional use is possible, then there would be a more detailed review of the District's request and how the use of the site would be implemented. • The issue before the City Council is a legislative amendment, not a site plan review. • The District hopes to find a permanent solution for bus parking. • The plan is to park 16-18 of the short buses at the high school site; additional review by the City will be required. • Additional paving might be needed. • Urged the City Council to not put in too many restrictions. • Buses had been parked at this location previously for a ten-year period without one complaint Tigard City Council Minutes - March 13, 2007 14 IP • Agenda Item Discussion & Comments Action Items (follow up) Ms. Hossaini explained the buses to be moved were from the School District site along Highway 99W. Property was recently sold at this location so the buses need to be moved. There are no plans at this time to relocate buses located on Hall Boulevard. There was some discussion about the District's efforts to find other locations for the buses. TTSD Attorney Hossaini and City Attorney Ramis discussed limitations that can be imposed within a conditional use permit. Planning Manager Bewersdorff clarified that a time limit could not be placed on a Type I (minor modification). A major modification would be reviewed by the Hearings Officer. Planning Manager Bewersdorff advised that the question of whether to allow school bus parking with the approval of a Conditional Use Permit would be up to the City Council. Staff Recommendation Associate Planner Gaines stated that staff recommended the Council adopted the proposed amendment as written. Mayor Dirksen Closed the Public Hearing. Council Discussion: Councilor Buehner said she was sensitive to the concerns raised on behalf of the neighbors. She advised she was in support of the proposed amendment because the time could be limited and there would be a hearing before the Hearings Officer before the District could use the site for bus parking. City Attorney Ramis responded to a question by Councilor Buehner regarding the Type I (minor modification) circumstance. He said language would need to be prepared to address limitations that would apply for a minor modification. Councilor Woodruff advised he was sympathetic to Tigard City Council Minutes - March 13, 2007 15 • • Agenda Item Discussion& Comments Action Items (follow up) Mr. Mulholland's concerns; however, he also noted the buses had been parked at this location previously during a ten-year period without problems. He said he would like there to be an understanding with the School District that this will not be an ongoing use for this site. Mayor Dirksen noted the ordinance does not indicate that this use would be limited. Additional language is needed to limit the time allowed for the use. He said he thought the 200-foot buffer of the residential area would be adequate. In response to a question from Planning Manager Bewersdorff, Mayor Dirksen said he could support a three-year time limit. Council decided to continue the public hearing to April 10, 2007. Adjournment The meeting adjourned at 9:51 p.m. Motion by Councilor Woodruff, seconded by Councilor Buehner, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor yarding Yes Councilor Woodruff Yes Catherine Wheatley,City Recorder Attest: Mayor, City of Tigard Date: i.1adm1calhlMan12007 1070313.00c Tigard City Council Minutes - Match 13, 2007 16 • AGENDA ITEM No. 8 Date: March 13, 2007 • PUBLIC HEARING TESTIMONY •. • •SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT — DEVELOPMENT CODE AMENDMENT (DCA2006-00007) . REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code.The proposed amendment would allow school bus parking as a restricted use on school sires within all residential zones. This use is restricted to high school sires only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters '18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies I. 2, 4, 6, /, and 12; The Metro Urban Growth Management Plan Titles 1, 8,and 12;Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 5, 6, 10, 11 and 12. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. • Due to Time Constraints City Council May Impose A Time Limit on Testimony • AGENDA ITEM NO. 8 • This is a City of Tigard public meeting subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral . NAME,ADDRESS & PHONE NAME,ADDRESS & PHONE • NAME,ADDRESS & PHONE Please Print Please Print Please Print Name: Name:/7/i C Muz;A/O 4 ' 'C2Z Name: Also,please spell your name as it sounds,if it Also,please spell your name as it sounds,if it Also, please spell your name as it sounds,if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: . Address Address ° 2-1 5 LA--: '-J•'9 u&t'c 7 A ZAddress City City '?'(4/i4.0 City State Zip_ State 0/Z Zip z 2..4% State Zip . Phone No. Phone No. 5 u 3- 3 9- B 5 e 9 Phone No. .' • Name: Name: Name: . Also,please spell your name as it sounds,if it Also, please spell your name as it sounds,_if it Also,please spell your name as it sounds;.if • will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: • Address • Address Address City City City State Zip State Zip State Zip . Phone No. Phone No. Phone No. • 120 DAYS =N/A • DATE OF FILING: 4/10/2000 DATE MAILED: 4/17/2007 s �� CITY OF TIGARD T%cyan . Washington County, Oregon . . NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT(DCA) 2006-00007 Case Name: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Owner's Names/Addresses: N/A . . . Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 07-05) THE CITY OF TIGARD PLANNING . COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION • DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON FEBRUARY 5,2007 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MARCH, 2007 AND CONTINUED THE HEARING TO APRIL 10, 2007 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS,FINDINGS AND CONCLUSIONS CONTAINED WITH IIN THIS FINAL ORDER Subject: > A request for approval of a Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. ON 4/10/07 THE TIGARD CITY COUNCIL ADOPTED ORDINANCE NO 07-05 INCORPORATING REVISIONS (underlined below) TO THE ORIGINAL PROPOSAL TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE, IF LOCATED A MINIMUM OF 200 FEET FROM PROPERTIES WITH A RESIDENTIAL USE, AND FOR A LIMIT OF THREE YEARS WITH EXTENSIONS BEYOND THAT REQUIRING APPROVAL THROUGH THE CONDITIONAL USE PROCESS. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 5,6, 10, 11 and 12. Action: > ® Approval with Revisions ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties. Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON MAY 10,2007. 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) within 21 days 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. • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- 05 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 — RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON HIGH SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES. WHEREAS, the applicant Tigard-Tualatin School District has requested to amend Chapter (18.510 — Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use;and WHEREAS, staff proposed a modification to allow bus parking as an accessory use and not as a restricted use;and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing;and WHEREAS, the Tigard Planning Commission held a public hearing on February 5, 2007, and recommended approval of the proposed amendment With a 4-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable 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; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745;Comprehensive Plan Policies.1, 2,4, 6, 7, and 12;The Metro Urban Growth Management Plan Tides 1, 8,and 12;Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 5,6, 10, 11,and 12;and WHEREAS, the Tigard City Council held a public hearings on March 13, 2007 and April 10, 2007, to consider the proposed amendments; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. . ORDINANCE No.07- 05- Page 1 • • NOW,TH EREFORE,THE CITY OF TIGARD ORDAINS AS FOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By ()US vote of all Council members present after being read by number and title only, this 1 b ' day of ---��-R/�%�L , 2007. LL) Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this_�day of L- ,2007. cX Crai�Dirl sen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- (765 Page 2 0 • Exhibit A•x'y X R"- 1 a9 ,,----`,-..5,h i.``, r' , ..='.z. r t ` -;._,..• k`3c._ `�iw� a �+Jli 114-1 � V ,,,.,,, Y_a st.r¢4'l;��-'-"i4' ,.c 'G! `.. : `^?' '-��,,z' � ..„,,..„, f a 1 - f y Imp an �1i 1 f IV 11 wrflg. i r % ✓ i 37 b rr �s� a r * 'J[Io .mat; ''<'• ''7 •-,a: C c : ;- -s c ,�plR i' '2.4' f a s a r;, x` i� Z . .D 1' 6 . a rJ I.. 1, 1t1 1i 0 �,7� 1�� o :o,- ;111tef - 'Y =.- l rc� �- r r if •`•,-;''.,`,'"•-•.- X,,' s..i ; - 1 a t -� , �r:-4 yti :- `'aFF .`v`4. '4''L'yq”• ��! 6 p p�3° C'rp G( r l0 '1' '�:� ?t-` .3 °:t' s r yi { �. i s •r k x. -04.t 3"ri rk. j r rt�YV, c'"- ' '^04 .. - TABLE 18.510.1 - USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C2 C� C�' C C C� C� C� '`School bus parking is permitted on public high school sites as an accessory use iflocated a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time (imitation is three (3)years. An extension to the time limit is possible through a major modification to the approved Conditional Use. • Copies to: yor Other: • City Ordinance# 07-01 uncilors _� March 21, 2007 City Manager f Council Mail Mayor's Calendar To whom it may concern: My name is Dianna Matthews. I attended my first City Council Meeting March 13, 2007. I work for the Tigardlfualatin School District as the Driver Trainer for the special needs mini buses. I have worked for the district for five years but have been in school transportation for about 20 ears. I wanted to give some input of what I heard at the meeting. � 1 The concerns I heard were: '1,00 1 . Noise of buses VA esd 2. Exhaust of buses d "a'i�on 3. Space for bus parking. P6,61°n�S�C I and one other driver met with Judy and two gentlemen from the district one morning at 6:30 am to do a pre-tip on our buses so they could take some readings. The men stood in front of the bus and directly behind the bus to take readings as we turned engines on, checked horns, checked air brakes, and the back up beepers. For your information there are eight air brake buses and eight hydraulic brake buses. The hydraulic brake buses make no appreciable noise when being tested. The question came up about exhaust fumes. Judy Friesz stated that the buses have an annual to check the buses for the state requirements. Exhaust emissions are not tested as part of the annual bus inspection. Mechanics check the brackets, pipes, bolts to make sure they are secure. They also check for leaks. I am including a copy of the State inspection form. Drivers have been told to keep bus idling down and the district has written a policy using the states suggestions on bus idling and exhaust fumes. My biggest concern would be parking in the same place we did before and that they were looking for a permanent parking lot for the buses. The district, that I am aware of, has been looking for a permanent parking space for at least five years. When I first came to the district we did park at Tigard high school but we had fewer and smaller buses. The space that we used is not large enough for the fleet of buses we now have and the special needs transportation program is growing_ I have taken some measurements of buses, and our shed, and estimated how much room we would need to safely maneuver and park the buses. I am including these measurements. 1 believe the best solution would be a limited time for the district to find or purchase property for their permanent school bus parking. Tigard High School is not the answer for long term. I recommend granting a variance on a short term 1-3 years to allow the District to find a reasonable and cost efficient permanent solution. If you have any questions or would like to contact me. My Cell number is 503-481-4699. Thank you , 7 Dianna Matthews • • OREGON DEPARTMENT OF EDUCATION Office of Educational Support Services 255 Capitol Street NE - Pupil Transportation Services Salem,OR 97310 503-378-3600 ANNUAL VEHICLE INSPECTION AND MAINTENANCE REPORT SCHOOL COUNTY BUS NO. DATE YEAR&MAKE TYPE&CAPACITY ID NO. LICENSE NO. ODOMETER READING CONTRACTOR INSTRUCTIONS Each vehicle used to transport pupils shall be inspected annually. Complete and sign this form in duplicate for each vehicle. Forward the original to the district superintendent,to be kept on file. The mechanic or Contractor will keep the other Copy on file. The original and copy must be retained for not less than three years and be available to Oregon Department of Education personnel upon request. In the"OK"column mark"0"for items that do not apply and under the "Repaired Date column indicate the date of the actual repair. The certification of inspection and completion of repairs must be completed and submitted to the Department of Education by September 1 each year. Page Numbers are referenced to the Maintenance manual. OK Repaired OK Repaired Date Date C. INSIDE BUS A. CHASSIS(remove wheels) 1. Front Suspension(Pg.A 1-4) 1. Emergency Equipment(Pg.C 1-2) 2. Steering(Pg.A 5-8) 2. Neutral Safety Switch(Pg.C 3) ' 3. Steering(Pg.C 4) 3. Front Brakes(Pg.A 9-12) 4. Shifter(Pg.C 5) Left Front /32 Right Front /32 4. Engine/Trans.Mount.Starter Mounting(Pg.A 13).. 5. Engine Controls(Pg.C 6-7) 5. Transmission(Pg.A 14-16) 6. Gauges,Dash and Warning Lights,Buzzers (Pg.C 8-9) 6. Fluid Leaks(Pg.A 17) 7. Fuel Tanks(Pg.A 18) 7. Public Address System(PG.C23) 8. Propane Tanks(Pg.A 19) 8. Air Brake System(Pg.C 10-13) 9. Brake Equipment(Pg.A 20-21) 9. Hydraulic Bakes(Pg.C 14-19) 10. tMndshield Wipers&Washers(Pg.C 20) 10. Drive Line(Pg.A 22-23) 11. Heaters,Defrosters&External Dash Fan(s) 11. Rear Suspension(Pg.A 24-27) (Pg.C 21-22) 12. Rear Brakes(Pg.A 28-31)..._ Left Rear /32 Right Rear !32 '12. Dome and Stepwell Lights(Pg.C 23) 13. Service Door(pg.C 24) 13. Body Securements&Structure(Pg.A 32-33)......... 14. Horns(Pg.C 25) 14. Exhaust Systems(Pg.A 34) 15. Wheels and Tires(Pg.A 35-37) 15. Mirror Adjustment,Condition(Pg.C 26) 16. Driver's Seat and Belt(Pg.C 27) Left Front /32 Right Front /32 Left Rear Inner /32 Right Rear Inner /32 17. Passenger Seats(Pg.C 28-30) 18. Emergency DoorAMndows/Hatches(Pg.C 31-32) Left Rear Outer /32 Right Rear Outer /32 19. Windshield,Side&Rear Windows(Pg.C 33-34).... • 16. Slack Adjuster Pull Measurement 20. Wheelchair Lift Door&Securement System Left Front Right•f+rent (Pg.35-36) Left Rear Right Rear 21. Interior Wring,Cab Hoses&Wall Seats(Pg.C 37) 22. General Condition,Bus Interior(Pg.C 38-40) B. ENGINE COMPARTMENT 1. Batteries(Pg.B 1-2) D. OUTSIDE BUS 2. Fluid Levels and Conditions(Pg.B 3-4) 1. Headlights,Turn Signals,Side Marker,Brake,Tail, 3. Belts and all Hoses(Pg.B 5-6) Park and Backup Lights,Backup Alarm(Pg.D 1-3) 4. Accessory Mounting and Condition(Pg._B 7-8) 2. Clearance&ID Lights,Reflectors,Strobe Light (if Equipped)(Pg.D 4) 5. Waring(Pg.B 9) 3. School Bus Safety Lights(Pg.D 5) 6. Fuel Systems and Lines(Pg.B 10) 4. Stop Arm(Pg.D 6).................................................. 7. Radiator(Pg.B 11) 5. General Condition,Bus Exterior(Pg.D 7-10) INSPECTED OR REPAIRED BY DATE ANNUAL COMPLETED Form 581-2255-M(Rev.7/03) • • ' OREGON DEPARTMENT OF EDUCATION • Office of Finance and Administration 255 Capitol Street NE Pupil Transportation and Fingerprinting Salem,OR 97310 503-947-5600 NEW SCHOOL BUS CHECKLIST Date District&No. County Contractor Bus No. License No. Chassis Make Year Style Chassis ID No. Body Make Capacity Meets Standards 0 Does Not Meet Standards N Does Not Apply X Maintenance Item B=Body Dealer Responsibility C=Chassis Dealer Responsibility Driver's Compartment Pupil Compartment Chassis J 1. Steps B 1. Floor B 1. Fenders C 2. Service door B 2. Seats upholstery fire block 2. Axles:front rear_ C a. Head bumper B a. Spacing B 3. Tires:size_rating_ C b. Hinge guard B b. Anchorage B 4. Wheels:size type C 3. Grab handle(20"min&no'V") B c. Padding B 5. Bumpers C 4. Barriers B d. Belts/restraints B 6. Tow hooks:front_rear C 5. Driver's seat&belt-locking type........ B e. Cushion retention B 7. Steering&hoses C 6. Service brake C 3. Aisle width B 8. Springs C 7. Parking brake C 4. Ceiling height B 9. Shock absorbers C 8. Steering C 5. Windows: 10. Frame C - 9. Horn C a. Split sash opening inches... B 11. Undercoating B&C 10. Instrument panel: 6. Emergency door&windows: 12. Drive shafts guards C a. Speedometer&odometer C a. Latch . B 13. Exhaust system C b. Oil C b. Buzzer B 14. Fuel tank&shield C c. Water temperature C c. Lettering,reflective tape B 15. Reserve tanks: d. Fuel C d. Instructions B a. Air/drain valves C e. Ammeter/voltmeter C e. Lower glass,rear B b. Vacuum C f. Dash(panel light) . C f. Side door B 16. Brakes: g. High beam indicator C g. Head bumper(front&side)....... B a. Compressor C h. Turn signal indicator C 7. Roof hatch/s B b. Power assist(hyd) C i. Air or vacuum gauge C a. Lettering,reflective tape B c: Brake lines C j. Low air or vacuum warning C _ b. Instructions B 17. Air cleaner C k. Buzzer&light C 18. Fuel&oil filter C I. Tachometer C _ Outside Body 19. Battery C m.Temp.gauge(auto transmission) C 1. Headlights B or C 20. Alternator C 11. Hand throttle_fast idle C 2. Turn signals B 21. Engine: 12. Bus Safety Lights 3. Clearance&ID lights B a. Gasoline_diesel propane C a. Switches_identified_ B 4. Stop lights_tail lights_ B 22. Transmission: b. Indicators B 5. Back-up lights_alarm_ B a. Automatic_standard_ C 13. Heaters: 6. Amber&Red flashing lights B a. Flow control(shut offs)2 7. Stop arm: Special Equipment Supply retum_ B a. Lights&operation B 1. Lift B b. Hose shield B b. Windguard B 2. Platform size B 14. Defrosters left&right B 8. Reflectors B 3. Warning system,green light B 15. Dome lights(1 per 2 rows) B 9. Color B 4. Hand rail 2 B 16. Panel lights_rheostat_ B 10. Lettering: 5. Padding material B 17. Step-well light B a. "School Bus"&reflective 6. Platform end barrier B 18. Mirror_sun visor,guard_ B background B 7. Positions forward facing B 19. Windshield B b. District and company name B 8. Restraints B 20. Windshield washers_wipers__... B c. Numbers B 21. Fire extinguisher(2A,10BC) B _ d. Emergency exits&reflective Optional Equipment 22. First aid kit B outline,rear_side_ B 23. D.O.T.reflectors B e. "Unlawful to Pass"sign B FMVSS 217 Total egress sq in 24. Body fluid kit B 12. Mud flaps B 25. Insulation B _ 13. Windshield access steps&handle... B FD sq in RD sq in 26. Ventilator B 14. Rub rails B RPOW sq in 27. Pupil regulations(16) B 15. Mirrors B 28. PA system inside_outside_ B Direct or indirect visibility LSD sq in RSD sq in 29. Belt cutter B requirements meet FMVSS 111 B # RH sq in # SSOW sq in Inspector Form 581-2242-P(Rev.5/06) • • l' BUS PARKING SPACE LENGTH OF THE LONGEST BUS PLUS 5 FEET * PARKING LINES 12 FEET APART [SPACE 1 .5 FEET ON EACH SIDE] [16 buses] [SPACE FOR TAIL SWING OF BUS] BUILDING 24 FEET WIDE INCLUDING SPACE FOR STAIRS 30 FEET LONG MAY NEED MORE SPACE. NEED TO GO MEASURE SPACE OF LOT TO BE USED AND MANUVER BUSES IN SPACE TO CHECK SAFETY. SIX'T'EEN BUSES # 2 = 31 FEET [62'plus 5' =671 must be the width of lot * # 6 @ # 4@ # new businjune = 25FEET # 3@ # 5 = 22 FEET #19 @ #20 @ #21 @ #27 @ #28 = 28 FEET #23 @ #24 @ #25 @ #26@ #22 @ #29 = 24 FEET Dianna Matthews 03-15-07 0 • • - 11111 TIGARD CITY COUNCIL 0 AND LOCAL CONTRACT REVIEW i` o tee BOARD MEETING APRIL 10,2007 6:30 p.m. TIGARD CITY HALL r` ._ Z. , 13125 SW HALL BLVD. . . Z " TIGARD,OR 97223 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. Citizen Communication 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 7:15 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. 2410(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, ext. 2410 (voice) or 503-684-2772 (I'DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—APRIL 10, 2007 page 1 • • • AGENDA TIGARD CITY COUNCIL MEETING 6:00 PM • TRAINING on New Town Hall Audio/Video System Equipment — Financial and Information Services Department 6:30 PM • STUDY SESSION > Briefing on a Proposal to create a Commercial Crime Unit and use a Business Tax Increase for Funding— Police Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session for consultation with counsel legal rights and duties regarding current litigation or litigation likely to be filed, under ORS 192.660(2) (h). 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(4), 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. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard High School Student Envoy Jasmina Dizdarevik • Follow-up to Previous Citizen Communication • 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: COUNCIL AGENDA—APRIL 10,2007 page 2 • • 3.1 Approve Council Minutes for February 27, 2007 3.2 Receive and File: 3.2.a Council Calendar 3.2.b Tentative Agenda 3.2.c Annual Solid Waste Financial Report Findings 3.3 Appoint Matt Clemo and Kandace Horlings as Regular Members; Dale Richards as Second Alternate Member and Reappoint Chair Janet Gillis to the Tigard Tree Board 3.4 Appoint Ralph Hughes to the City Center Advisory Commission Member — Resolution No. 07- 3.5 Consider a Resolution Authorizing Amendment No. 1 to the Intergovernmental Agreement for Joint Funding of a Water Supply System Plan—Resolution No. 07-_ 3.6 Adopt Paid Time Off Policy for Management Employees—Resolution No. 07- 3.7 Approve Proposal to Transfer Custody of Records Created, Assembled and Maintained by Tigard Staff During the Term of the Urban Services Intergovernmental Agreement between the City of Tigard and Washington County -Resolution No.07-_ 3.8 Approve Budget Amendment #13 to the FY 2006-07 Budget to Increase Appropriations in the Water CIP Fund Capital Projects Budget within the Community Investment Program for Additional Funding for the Lake Oswego Feasibility Study Project—Resolution No. 07-_ 3.9 Local Contract Review Board: 3.9.a Award Contract for Wetland Consulting Services for the Washington Square Regional Center Greenbelt Trail Project to Virgil Agrimis,Inc. 3.9.b Award Contract for Aquifer Storage and Recovery (ASR) Test Well Drilling to Boart Longyear, Inc. 3.9.c Award of Contract for the Construction of Ann Street Sanitary Sewer Extension (Sewer Reimbursement District No. 40) to Cipriano & Son Construction 3.9.d Award of Contract for Engineering Services for the SW Cherry Street Sanitary Sewer Project to Century West Engineering Corp. 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. 7:50 PM 4. LEGISLATIVE BRIEFING BY SENATOR BURDICK AND REPRESENTATIVE GALIZIO • Introduction: Administration Department 8:20 PM 5. WASHINGTON COUNTY VISION ACTION NETWORK PRESENTATION • Introduction: Administration Department COUNCIL AGENDA—APRIL 10, 2007 page 3 • • 8:35 PM 6. GRANT EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR THREE NON-PROFIT LOW INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) AND ONE HOUSING PROJECT THAT IS OPERATED BY TUALATIN VALLEY HOUSING PARTNERS (TVHP) • Introduction: Financial and Information Services Department • Council Discussion • Council Consideration: Resolution No. 07- 850 PM 7. CONTINUATION OF RESIDENTIAL ZONING AMENDMENT LEGISLATIVE PUBLIC HEARING a. Open Public Hearing b. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. c. Staff Report: Community Development Department d. Public Testimony Proponents Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 07- 9:20 PM 8. APPROVE ORDINANCE GRANTING A CABLE FRANCHISE TO VERIZON NORTHWEST,INC. • Staff Report: Community Development Department • Council Discussion • Council Consideration: Ordinance No. 07- 9:50 PM 9. BALLOT MEASURE 37 QUASI JUDICIAL PUBLIC HEARING — WAY W. LEE GENERAL CONTRACTOR,INC. (2006-00004) a. Open Public Hearing—Mayor b. Statement by City Attorney Regarding Procedure c. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? Have all members familiarized themselves with the application? COUNCIL AGENDA—APRIL 10,2007 page 4 • • Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07- 10. 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 statute.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(4),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. 1020 PM 11. ADJOURNMENT COUNCIL AGENDA—APRIL 10,2007 page 5 • • Agenda Item# 7 Meeting Date April 10. 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Residential Zoning Districts Use Regulations Amendment — Development Code Amendment (DCA2006-00007.) Prepared By: Cheryl Caines Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the Council approve a Development Code Amendment to amend the Tigard Development Code Chapter 18.510 to allow school bus parking as an accessory use on high school sites in residential zones subject to location and time restrictions (not within 200 feet of a property line abutting a residential use and not more than three years)? STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment as revised to allow school bus parking as an accessory use, if located a minimum of 200 feet from properties with a residential use, and for a limit of three years with extensions beyond that requiring approval through the Conditional Use process. KEY FACTS AND INFORMATION SUMMARY This code amendment was brought before City Council at the hearing on March 13,2007. The applicant's presentation induded a summary of the code amendment and new information addressing concerns that arose during the February 5, 2007 hearing before the Tigard Planning Commission. To address air quality concerns the Tigard-Tualatin School District adopted a written policy and procedures statement regarding bus maintenance and bus idling that is consistent with the Oregon Department of Education guidelines included within Attachment 3 in the 3/13/07 Council Packet. The number and type of buses to be parked at the site was also a concern and the applicant's representative stated the intent to park 14-16 of the District's shorter buses on the site. One neighbor testified in opposition to the proposed code amendment citing noise from the buses in the early morning hours,parking issues around the Tigard High School site,traffic,and inconsistencies in the information presented by the applicant. Discussion followed the public hearing portion of the meeting. Three of the four Council members present were not comfortable with the code amendment as presented because no time limitation was stated in the proposed language. The hearing was continued to April 10, 2007. Staff was asked to modify the code language considering the Council concerns and return on that date to present the new language. OTHER ALTERNATIVES CONSIDERED None • • CITY COUNCIL GOALS The 2007 City Council Goals are not impacted by this amendment. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Recommended Text Change FISCAL NOTES There is no fiscal impact anticipated for this action. All application fees have been paid by the applicant. • •CITY OF TIGARD, OREGON TIGARD CITY COUNCIL • ORDINANCE NO. 07- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 — RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON HIGH • SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES. WHEREAS, the applicant Tigard-Tualatin School District has requested to amend Chapter (18.510 — Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use; and WHEREAS, staff proposed a modification to allow bus parking as an accessory use and not as a restricted use; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on February 5, 2007, and recommended approval of the proposed amendment with a 4-0 vote; WHEREAS; notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable 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; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745;Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12;The Metro Urban Growth Management Plan Titles 1, 8, and 12;Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 5,6, 10, 11,and 12;and WHEREAS, the Tigard City Council held a public hearings on March 13, 2007 and April 10, 2007, to consider the proposed amendments; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No. 07- Page 1 NOW, THEREFORE, TH•ITY OF TIGARD ORDAINS AS iiiLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2007. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2007. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- Page 2 • Exhibit A i�_, :,N,.•• _.-.srb '' Y`i`ti-i-�%^..'.:: 4;,..:.n:•t--r•-. -..:.. r,-, s 4,:. - - ..•t'"�-.., •s;�.::'✓a-.''::�'...}�t�_ _ _ _ = :w,==... - -'�Z`O1�+ING.DISTRTCT'S:TJS1��• � G1 �:' REST ENTAE RE ATIONS AIVIENDE1T ....J`H_..•,F-.rc, -°_S Y.I-J'�N 1.'.t3. '.c.,e:a-.�'N �'�- _ - - �'�"- t-fi_'..'.>_ _.. <—.,�:..: :>. .� .. .._ _. .•.._,+ �x.., ,r,•. .,<.,•,.;•`:.,.�.,d,=' - -- - ='e,. ?,_+ 'pro,: - _ F v�.y9 w .._ f . _. ( a _. ._ .._.•.. .: >rte,. .- .. ..� -.`__..': _ v a _ r of�.�4 �` .. �. -.._ _ .>. ._ .. �....�•: x .. Y_._ _.-�_. .Lk` __ _ r tom_ )1 Y ^Y S4 y5�i ✓t'J - - Jw. In _ 7:r 4 I�eTl� iir`' `�raft� •' _ -rid ents�"e�ii�oF o �`fo _.. x x^ rr d •->�nder ne�'and�I��lic .o dde _ _ - - - -.�`�>iJ - n'I1'- w£ ._. .,. ..we,.F_Yae6--:,f,5 i-a s.:`.'F.^M. a..:�:. :.4�`�`.a i-'+ ..3w�� - _ :j,....,,wtt_ •°_ _ . . .. :1 a e= vasY_fo ows -_ ed=.node � °.�=*- '"<"-s•- .,�? 'i iii-�. _ r,•;;^:;�. •... _. .,t��_)�..:,C.. ,. „:.•.'-',;:,ate,•-`.,-. _ .`,'a.. _ - - - - - c-.._ - - £ -r _=�"==Vi=i:• ..-. - - .�- y�'-;.,.._- ,-•:..:-� :,.tit--_..� _.....c%� - - TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C722 C22 C722 C2 C2 C2 Ciz 12School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is three (3)years. An extension to the time limit is possible through a major modification to the approved Conditional Use. pe A a oo(o•`00007 4iec•eivtd a-/2 eou,nc// • • /)y 3//3/U 7 PARATI March 7, 2007 Tigard City Council City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Development Code Text Amendment application Dear Mayor Dirksen and Members of the City Council: The Development Code Text Amendment proposed by the Tigard-Tualatin School District, if adopted by the City Council, would allow school bus parking in residential zones at a public high school. More specifically, the text amendment will allow the School District to park buses at Tigard High School, as long as the bus parking is located at least 200 feet away from the property line of any parcel used for residential purposes. Following its hearing on February 5, 2007 the Planning Commission recommended in favor of the Text Amendment. At the hearing, some of the Planning Commissioners expressed concern about the impact of the school buses on air quality near the high school. Since the City Council may have some of the same questions and concerns, this letter will provide the Council with additional information about the District's policies and practices as they relate to air quality. 1. The District had informal policies regarding bus maintenance and bus idling, as we explained at the Planning Commission hearing. In response to the Planning Commissioner's questions, the District has formally adopted a written policy and procedures statement, which is attached as Exhibit '1'. This policy statement is consistent with the memo on reducing diesel exhaust, written by Nancy Heiligman, Deputy Superintendent of Public Instruction, Oregon Department of Education, dated October 11, 2002. That memo is attached to the staff report as Exhibit 'A'. The District's practice is to keep the buses well-maintained, and to reduce idling the buses to the minimum necessary. 2. The District's intent is to park 14-16 of the District's shorter buses on the site. These are the buses currently parked where the District Administration 20085 NW Tanasbourne Drive office used to be on Pacific Highway, at 13137 SW Pacific Highway. Hillsboro,0R97124 P 503.858.4242 3. The District's buses meet current air ualit standards. The federal air FE503.6455500 q y E corporate@paraticompany.com quality standards changed in 1994, and then did not change again until Toll free 877.648.4061 2007. The District does not operate any buses older than 1994. The District www.paraticompany.com policy is that any of the buses used in the District be no more than seven HillSboro,oR years old. In fact, the District recently retired a 1992 bus and purchased a Tillamook,oR Y Y P vancouver,wA Bellevue,WA Coeur d'Alene,ID Sacramento,CA Clermont,Ft • • PARATI bus meeting the 2007 standards. Over time, the District will replace its older buses with new ones that meet the higher, 2007 air quality standards. 4. In the foreseeable future, the District does not plan on parking buses . owned by its contractor (First Student) on the Tigard High School property. However, it would like to have the flexibility to park other school buses at this site in the future, should the need arise. (The contractor's buses are all newer than 1994.) 5. The current plan is to park the buses on the east side of the high school, south of the swim center, on an existing paved area. (This is where, incidentally, the buses were parked for about 10 years before they were moved to the Pacific Highway site to temporarily make room for construction vehicles, equipment and temporary offices.) This area is not close to any residential areas, or near any areas where students commonly gather. 6. The additional parking area will give the District more flexibility in staging a limited number of buses for their trips around the District, and can help reduce overall Vehicle Miles Traveled (VMT) by having a parking site closer to the southern part of the district. The School District is interested in any new technologies or programs that protect the health and welfare of its students and employees, improve the ambient air quality of the larger community, and decrease its operating costs - including the amount it spends of fuel and bus maintenance. It will continue to review new programs and techniques aimed at accomplishing those goals. We respectfully ask that you follow the recommendation of the Planning Commission and staff, and approve the Tigard-Tualatin School District's Text Amendment application. Thank you for your consideration of this request. Sincerely, Ed urphy, AIC cc. Roy Burling, Chief Financial Officer, Tigard-Tualatin School District Kelly Hossaini, Miller-Nash, Attorney for School District project#HE247/TTSDtextamend/docs/plan/letters/cclet/3/07/07 2 • • EXHIBIT `1' TIGARD-TUALATIN SCHOOL DISTRICT 23J ADMINISTRATIVE REGULATIONS Reduce Exposure to Diesel Exhaust 1. Drivers should turn bus engines off upon reaching their destinations or whenever idling time exceeds 2-3 minutes. Buses should not be turned on until ready to depart. Exceptions should include conditions that would compromise passenger safety, such as: a. Extreme weather conditions b. Idling in traffic 2. District should inform drivers about the effects of idling on both indoor and outdoor air quality. 3. District should ensure that buses are monitored and maintained so that emissions remain at their lowest possible level and ensure that engine compartments are completely sealed from interior passenger space. 4. District, whenever possible, should locate bus-parking facilities so as to have a minimal effect on air pollution in the vicinity of schools, playgrounds, and residential areas. 5. After the driver completes the pretrip inspection, the engine should be turned off until time to depart or the driver should depart immediately. Diesels do not warm up unless they are at a high idle or placed under a load. Administrative Regulations 02/22/2007 Page 1 of 1 00,e n • Oka.,; <-3//3/o 7 Amendment to allow school buses to be parked at Tigard High School I oppose this amendment on several grounds. 1. Noise: The noise produced is not suitable for a residential area and would appear to violate the City of Tigard Municipal Code 7.40.130. The school board has stated that the buses would leave Tigard High School between 6:15 and 7:30 am and that the pre-trip inspection lasts about 15 minutes. Pre-trip inspections would start at approx. 6:00am. OAR581-053-0545 calls for checking all safety equipment including the horns. So we can assume that each bus will test their horns each morning. OAR581-053-0512 specifies horns must comply with SAE Standard J377. Standard J377 states that a horn most produce 100-120 dbA measured at a distance of 50 feet directly in front of the bus. Sound pressure decrease by 6 dbA each time the distance from the source is doubled. Taking the lowest OAR spec of 100 dbA @ 50' the dbA level at 800 feet will be 76 dbA. The same principle applies to the back up alarms on the buses. OAR581-053-0517 states that the backup alarms will produce 97 dbA +/- 4dbA @ 4ft distance in accordance with SAE 994. Using the same 6 dbA decrease as before at 512 ft each backup alarm will still be heard at 50 dbA. Also to be taken into account is the manufactures recommendation that the buses idle for 3 minutes @ approx 85dba. Every morning of the school year you will have a large noise generator starting up a 6:00am in the heart of a residential area. This is clearly not in the best interests of the residents surrounding Tigard High School. 2. Parking: Tigard High School already has parking problems. Permit parking is in effect around the school to prevent students from parking in the neighborhoods. The school board has stated an intention to park 17 short buses 9 long buses plus 2 or 3 more in the area. They will also provide parking for the bus drivers cars. Assuming each bus takes up 2 parking spots (generous assumption) that eliminate 58 parking spaces+29 parking spaces for the drivers, so a total of 87 parking spaces would be lost. THS currently has 528 spaces so this proposal would bring the available total to 441 spaces,just over the 403 that was deemed minimum in the conditional use granted in 2004 for the remodel. In addition THS draws large weekend crowds for soccer, youth football, baseball, Broadway Rose Theatre, Church services, and the many after hours events that the school holds. Parking is already a nightmare during, these activities. You only have to look at the number of parking tickets the Tigard PD writes on a fall Saturday (for parking on the west side of 92"d ) to understand the lack of parking that already exists. To remove 16% of the available parking spots will only exacerbate the problem. 3. Traffic: Durham Road is already heavily congested, in the mornings it is not uncommon to see traffic back up halfway to Hwy 99. In the evenings traffic is stop and go almost to Bridgeport Village. Adding 29 school buses to this mix is only going to make it worse. 4. Inconsistency: • • The amendment is too open ended. The school board needs to find a permanent solution for bus parking, clearly; putting it in the middle of a residential area is not the answer. The number of buses and the size of the area have changed from the initial planning commission meeting, in that meeting the district stated that 17 short buses would be parked on the site. The packet before the council state that up to 29 short and long buses will be parked there. I have not addressed the air quality issue that Mr. Pennington addressed at the planning meeting; his statement is part of the package before the council. I would urge the council to reject the proposed code amendment. David Mulholland 9022 SW Waverly Dr. Tigard, OR, 97224 503-639-8589 all TIGARD CITY COUNCIL i , MEETING E MARCH 13,2007 6:30 p.m. ,.� - ter TIGARD CITY HALL GA T " 13125 SW HALL BLVD TIGARD, OR 97223 ��� 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 begininirng of that agenda item. Citizen Communication items are asked to be two minutes or Iess. 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 7:15 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 2410 (voice) or 503-684-2772 (11)D-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, ext. 2410 (voice) or 503-684-2772 (1'DD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—MARCH 13,2007 page 1 • • AGENDA TIGARD CITY COUNCIL MEETING 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2) (e) and Labor Relations under ORS 192.660 (2) (d). 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(4), 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. • STUDY SESSION > Balloon Festival Use of Cook Park- Administration Staff > IGA with Clean Water Services for Fanno Creek Master Plan — Community Development Staff 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. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard High School Student Envoy Jasmina Disdarevik • Follow-up to Previous Citizen Communication 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 Council Minutes for February 13,2007 3.2 Receive and File: 3.2.a Council Calendar 3.2.b Tentative Agenda 3.3 Approve an Intergovernmental Agreement with Clean Water Services for the Fanno Creek Master Plan 3.4 Award Contract for Right-of-Way Acquisition Services for Burnham Street Improvements—Community Development Staff COUNCIL AGENDA—MARCH 13,2007 page 2 • • • 7:45 PM 4. INFORMATIONAL PUBLIC HEARING—FORMATION OF SANITARY SEWER DISTRICT NO. 40 (SW ANN STREET) • Staff Report: Community Development Department 7:55 PM '5. CITY ANNEXATION POLICY • Staff Report: Community Development Department 8:25 PM 6. AWARD FANNO CREEK PARK/PLAZA MASTER PLAN CONTRACT • Staff Report: Community Development Department 8:55 PM 7. AMEND TIGARD MUNICIPAL CODE REGARDING SOLID WASTE MANAGEMENT ENFORCEMENT OFFICERS • Staff Report: Public Works Department 9:05 PM 8. LEGISLATIVE PUBLIC HEARING - RESIDENTIAL ZONING DISTRICT USE REGULATIONS AMENDMENT—DEVELOPMENT CODE AMENDMENT • Staff Report Community Development Department 9:35 PM 9. NON AGENDA ITEMS 9:40 PM 10. 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 statute.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(4),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. 9:45 PM 11. ADJOURNMENT COUNCIL AGENDA—MARCH 13,2007 page 3 • • Agenda Item # 0 Meeting Date March 13, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Tide Residential Zoning Districts Use Regulations Amendment — Development Code Amendment (DCA2006-00007) Prepared By: Cheryl Caines Dept Head Approval: City Mgr Approval: 6 ISSUE BEFORE THE COUNCIL Should the Council approve a Development Code Amendment to amend the Tigard Development Code Chapter 18.510 to allow school bus parking as an accessory use on high school sites in residential zones subject to location restrictions (not within 200 feet of a property line abutting a residential use)? STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment as recommended by the Planning Commission. Approval should be of the request as amended by Staff to allow school bus parking as an accessory use and not a restricted use as proposed by the applicant. • KEY FACTS AND INFORMATION SUMMARY The applicant,Tigard-Tualatin School District, filed an application to amend the residential zoning code on November 22, 2006 to allow school buses to park at high school sites. The City's Development Code does not address school bus parking within residential zones and therefore is not permitted. The District currently has two sites for bus parking, but has sold the site on Pacific Highway. The buses from this site must be relocated. The District wants to utilize an existing parking lot on the Tigard High School site to house the buses. Buses have been parked on the site in the past, but were not a permitted use. Comments were received from one neighbor of the Tigard High School site regarding air pollution and noise. Although there is no demonstrable evidence to show how bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant claims parking buses on site will have no negative impact on air quality. Strong evidence to support this claim has not been provided; therefore the issue should be further addressed by the applicant during the public hearing process. On February 5, 2007 Planning Commission held a public hearing to discuss the merits of the request. Some of the Commissioners were concerned with the parking at the Tigard High School becoming a permanent location for school buses. A motion to approve the amendment as presented failed 2-3. After re-opening the public hearing to hear more testimony, the Commission passed the motion for approval as recommended by Staff with a vote of 4-0. One Commissioner abstained from voting. • OTHER ALTERNATIVES CONSIDERED • Decrease or increase the proposed 200 foot setback from residential properties. • Add landscape buffer requirements to reduce noise pollution to surrounding properties. • Require the school district to adopt Oregon Department of Education (ODE) guidelines to reduce student exposure to diesel exhaust (Exhibit B). CITY COUNCIL GOALS The 2007 City Council Goals are not impacted by this amendment. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Recommended Text Change Attachment 2: "Draft" Planning Commission Meeting Minutes February 5,2007 Attachment 3: Staff Report to the Planning Commission dated January 24, 2007 Exhibit B: ODE Executive Memo 66-2002-03 Attachment 4: Applicant's Material FISCAL NOTES There is no fiscal impact anticipated for this action. All application fees have been paid by the applicant. 11111TY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 — RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON HIGH SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES. WHEREAS, the applicant Tigard-Tualatin School District has requested to amend Chapter (18.510 - Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use;and WHEREAS, staff proposed a modification to allow bus parking as an accessory use and not as a restricted use; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing;and WHEREAS, the Tigard Planning Commission held a public hearing on February 5, 2007, and recommended approval of the proposed amendment with a 4-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings;and WHEREAS, the Tigard City Council has considered applicable 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; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2,4,6,7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2,5,6, 10, 11,and 12;and WHEREAS, the Tigard City Council held a public hearing on March 13, 2007, to consider the proposed amendments;and WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No.07- Page 1 NOW,THEREFORE, THE 011 lif OF TIGARD ORDAINS AS FOLIO/WS: SECI1ON 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECI1ON 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of , 2007. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ,2007. Craig Dirksen,Mayor Approved as to form: City Attorney Date ORDINANCE No.07- Page 2 • • Exhibit A DCA2006-00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT December, 2006 Explanation of Formatting These text amendments employ the following formatting: [Bold, Underline and Italic] — Text to be added Proposed code language is as follows: TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C12 C12 C12 C12 C12 C12 C12 C12 "School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. ATTACHMENT 2 <c • CITY OF TIGARD *OS PLANNING COMMISSION Meeting Minutes ‘)941°C1‘ 11.‘ February 5,2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present President Inman; Commissioners Anderson, Caffall, Doherty,and Walsh. Commissioners Absent: Commissioner Vermilyea Staff Present: Dick Bewersdorff,Planning Manager; Gary Pagenstecher,Associate Planner; Cheryl Caines,Assistant Planner;Kim McMillan,Development Review Engineer;Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS None 4. APPROVE MEETING MINUTES None 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12;The Metro PLANNING COMMISSION MEETING MINUTES-February 5,2007-Page 1 S Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. STAFF REPORT Cheryl Caines summarized the staff report. She advised that the applicant is requesting to amend the use regulations within residential zoning districts to allow bus parking as a restricted use on high school sites. The Development Code does not address this issue and therefore the use is not permitted in the zone. The proposed code language describes the circumstances under which bus parking is allowed - high school sites, not within 200 feet of a property with residential use. Staff is proposing one slight modification to call out bus parking as an accessory use and not a restricted use. Bus parking is not being proposed as a separate use classification. The placement of an "R" within the use table by the school use makes it seem that schools are a restricted use. That is not the purpose of this amendment. The only site currently affected by this change is Tigard High School. Any future proposed high school would be allowed to include this as an accessory use if the code is revised. The current bus storage facility on Pacific Hwy. has been sold. The District must find a new location for their buses. This application is only to amend the code. The buses will be parked in the NE corner, adjacent to sites zoned Industrial Park and developed with commercial buildings. Buses were previously parked in this location, but it was not a permitted use. Residential uses to the north and west are separated by streets. Homes within the Waverly Estates subdivision are adjacent to the site's southern boundary, but are approximately 800 feet from the proposed parking location. During the review process, concerns over diesel fumes and noise were raised by a property owner to the south of the school site. No strong evidence was provided to prove or disprove that the buses will have effects on air quality. Staff searched the internet and found an Oregon Department of Education memo addressing the issue of diesel exhaust and presents guidelines to school districts to reduce student exposure. At this time, it's unknown what regulations, if any, the Tigard-Tualatin School District has adopted. Staff has recommended that the applicant further address this issue during the hearing. Staff advised that there is no limit on the number of school buses that can be parked at the High School. The Planning Commission can choose to include this in the code language. APPLICANT'S PRESENTATION PLANNING COMMISSION MEETING MINUTES—February 5,2007—Page 2 • Roy Burling, CFO,Tigard-Tualatin School District;Judy Frieze, Director of Transportation; Ed Murphy from Parati, 20085 NW Tanasbourne Dr., Hillsboro, OR 97124; and Randy Harvey, Director of Operations for TTSD,provided details of the request. Currently, buses are parked at the old administration site on Hwy. 99W. Previous to that, they were parked at Tigard High School. The School District is in the process of selling the old administration site and First Student, the contract provider, has been asked to find a parcel of land to accommodate their large buses. The District will park 17 buses at the High School. If First Student can find a parcel large enough to accommodate all the buses, the District would be open to that arrangement. The District considered improving the bus yard on Hall Blvd., but found that there were issues with wetlands and the site was constrained. It was too expensive to develop the site to add the number of spaces they needed. The District plans to park only the short buses behind the Swim Center. Regarding noise and traffic, the buses are dispatched in a staggered manner— they don't all leave at the same time. They expect a minimal impact on Durham Road. In terms of air quality issues, the District has informally adopted the guidelines as written by the Department of Education. They made a commitment to take the guidelines to the Board to be formally adopted. In terms of mitigating pollution and diesel effects, the buses are regularly maintained and tuned up. In addition, the fleet is kept current so they meet the most current clean air standards. The Planning Commission expressed concern about creating noise in neighborhood. Another concern is about runoff of grease, oil, and fuel into the groundwater and storm water. The applicant said they would try to comply with Clean Water regulations. With the current remodel of Tigard High School, one of the conditions was to provide monitoring of the storm water system. The District has entered into a contract for that service. They are sensitive to environmental concerns. Regarding traffic, the Commission asked if it would be difficult to get out onto Durham Road and asked if any traffic counts or analysis had been done. The applicant advised that this application is only a legislative change/text amendment to allow buses to park on the High School site. The main condition is to keep it back 200' from any residentially zoned property. If paving for additional parking becomes necessary,it would automatically kick in a site development review which would then require a traffic study. Buses leaving the site are staggered over an hour and a half. The applicant advised that only TTSD school buses would be stored at this limited space. The applicant was asked if they have drawn up any plans to comply with air and water quality standards. They said they would ask the School Board to formally adopt the Oregon Department of Education guidelines. They are willing to comply with any other necessary PLANNING COMMISSION MEETING MINUTES-February 5,2007-Page 3 ' • guidelines. Over time, as older buses are replaced, they will all meet 2007 air quality standards. Staff advised that this legislative amendment applies to the entire parcel,but buses could not be parked within 200' of residential use. There will be another review when the District modifies the access and moves the parking on site. At that point, water quality measures, parking, and maneuvering on site will be reviewed. The applicant advised that bus drivers will park their personal cars at the pool and High School parking areas. There will be fencing around the buses. They have not yet decided what to do with existing portables on the site. PUBLIC TESTIMONY— IN FAVOR None PUBLIC TESTIMONY—IN OPPOSITION Malcolm Pennington, 16653 SW 88th Place,Tigard, OR 97224 expressed his opposition to the proposed amendment. He is concerned about health effects from diesel exhaust on students, the fact that there is no restriction on the number of buses, and noise. He believes the contractor should find their own parking location, possibly in an industrial area. He submitted written testimony (Exhibit A). The Commission asked staff what would happen if the Commission decided not to move forward with the request. Staff answered that the Commission has 3 options: recommend the amendment as written; put further restrictions on the footnote; or recommend denial. All recommendations would go to City Council for a second public hearing. APPLICANT'S REBUTTAL The applicant reiterated that this is just a legislative change for school bus parking, not within 200' of residential properties. The text amendment will provide greater flexibility in the future. It's meant as a temporary stop-gap approach, but may become long term. Other buses won't be parking there. The District wouldn't be able to add more buses; pre-trips are done in 15 minutes (they don't idle the whole time); and there's already a catch basin with a fuel separator on site. The applicant advised that the buses will be parked adjacent to the soccer field. The field is not used in the early morning and in the afternoon, buses come in are shut down immediately. PUBLIC HEARING CLOSED PLANNING COMMISSION MEETING MINUTES—February 5,2007—Page 4 • The Commission discussed the application. Some of the Commissioners were concerned about this becoming a permanent location for the school buses. They would rather see this as a temporary use, maybe for 2 years. After that time,it could be reevaluated. They do not want it to be open-ended. Staff advised that there is a temporary use section in the Development Code. Staff could go back and redraft language for that section to allow bus barn parking on school property as a temporary use. If it were allowed as a temporary use, the district could come back multiple times to request a temporary use permit. If the Commissioners would like the amendment redrafted as temporary use, they would have to recommend denial to City Council. In the recommendation, the Commission could propose that it be redrafted as a temporary use. Commissioner Walsh moved to recommend approval as presented. President Inman seconded the motion. The motion failed by a vote of 2-3. Commissioner Walsh and President Inman voted in favor; Commissioners Caffall, Doherty, and Anderson voted against. After discussion about other possible options, the Planning Commission decided to re-open the public hearing to hear more testimony. PUBLIC HEARING RE-OPENED Kelly Hossaini, from Miller-Nash, advised that there is limited area for bus parking;if the District wants to do anything more, they would have to apply to the City. They have a storm water system already in place, they're not near any residences, and the buses comply with air standards. This legislative amendment gives them flexibility to park their buses, but it's not optimum for long term use. If the Commission wants the District to meet other standards, they will have to be very specific what those standards are. Randy Harvey,TTSD Director of Operations, testified that this particular site was previously used for parking short buses and they had no problems. They won't take away any more space than they absolutely have to. The solution may not be temporary;it may be long term. They believe the request is reasonable and they meet all the requirements that have been raised in terms of health and safety. Malcolm Pennington said short term parking probably won't have long term effects, but over the long term, it could be a concern. He believes that, from an air standard quality,it's an issue for kids. He urged the Commission to consider allowing it only on a short term basis. Commissioner Walsh moved for approval as presented. President Inman seconded the motion. The motion passed with a vote of 4-0; Commissioner Caffall abstained. 5.2 SUBDIVISION. (SUB) 2006-00008/PLANNED DEVELOPMENT REVIEW (PDR) 2006-00001/ZONE CHANGE (ZON) 2006-00001/SENSITIVE LANDS PLANNING COMMISSION MEETING MINUTES-February 5,2007-Page 5 i4 REVIEW (SLR) 2006-00010/ADJUSTMENT (VAR) 2006-00080 ANNAND HILL SUBDIVISION REQUEST: Approval of a 40-lot Subdivision and Planned Development on 4.53 acres. The lots are proposed to be developed with detached single-family homes. Lot sizes within the development are proposed to be between 2,788 and 5,377 square feet. A Zone Change is required to apply the PD Overlay over a portion of the site (Tax Map 2S110AD, 8800), and Sensitive Lands Review is required for slopes greater than 25%. The applicant is also seeking a street improvement Adjustment for the proposed cul-de-sac from the maximum of 20 lots served to 34 lots, and to the 200 foot length. LOCATION: The project is located at 14600 SW Pacific Highway; WCTM 2S110AC, Tax Lot 00200 and 2S110AD, Tax Lot 08800. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally AND R-12 (PD): PD: Planned Development. The purposes of the PD Overlay zone are to provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement; to facilitate the efficient use of land; and to preserve to the greatest extent possible, the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site, among other purposes. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.360, 18.370, 18.390, 18.510, 18.705, 18.715, 18.720, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810. Commissioners Anderson and Walsh reported site visits. STAFF REPORT Gary Pagenstecher presented the staff report. He advised that this application would be reviewed under the old Planned Development standards. The application is for a 40-lot residential subdivision and planned development on 4.53 acres. The zone change is requested to apply the PD overlay on Tax Lot 8800 and a sensitive lands review is required for slopes greater than 25%. There is also a street improvement adjustment for the proposed cul-de-sac from the maximum 20 homes served to 34,and an adjustment to the minimum residential density requirement from 43 units to 40. Most base zone development standards are met with some exceptions: Front yard perimeter setbacks (from 15' to 6') Street side yard for lots 1, 29, and 40 (from 10' to 8') Staff recommends approval of the proposal with the conditions of approval listed in the staff report. PLANNING COMMISSION MEETING MINUTES—February 5,2007—Page 6 • •4 APPLICANT'S PRESENTATION Man Sprague and Ben Altman, SFA Design Group, 9020 SW Washington Square Dr., Suite 350, Portland, OR 97223, described their project to the Planning Commission. They testified that this is a hilltop site with trees, sandwiched between apartments, and next to an old cemetery. They plan to build single-family detached homes. The development comes in at minimum density, rather than the maximum. Having narrow streets allows them to protect trees. They will be preserving 56 trees on site and will mitigate for those trees being removed. The only public access will be from 109th. They will be extending a public cul-de- sac. There will be open space tracts to preserve trees and a variety of lot sizes that adapt to the topography. The applicant is requesting 3 adjustments: 1. The cul-de-sac will accommodate 34 homes. 2. There is a minor adjustment to the minimum density (40 instead of 43 homes). 3. Front yard setbacks will be reduced from 15' to 10'; street side setbacks will be reduced from 10' to 8'; and side yard setbacks will be reduced from 5' to 4'. Rear yard setbacks will be 15'. They agree with the conditions of approval as shown in the staff report. The Planning Commission discussed details of the planned development with the applicant. They asked about concerns raised by TVF&R. The applicant advised the hammerhead at end of long drive has a turn around that exceeds TVF&R's requirements. Staff also advised that TVF&R requires all the units to be sprinkled because there is only one access to the development. The applicant noted that the streets will be wider than most private streets to allow for parking on one side of the street. The applicant advised that people attending the neighborhood meeting liked the single- family development rather than multi-family. They had some initial concerns about street circulation and trees, but the applicant answered their questions. The Commissioners asked specifically how the trees would be protected during development. The applicant advised they would be fenced. Staff noted that it's typical for developers to use orange mesh for fencing which can easily be moved. Chain link fencing could also be used. The Commission noted that there is only one option for access and it's not really set up for a public street circulation system. The applicant was asked if they had looked at other alternatives. The applicant said they thought about public streets, but that required some of the lots to face in other directions. In addition, the other options would eliminate more trees. PLANNING COMMISSION MEETING MINUTES-February 5,2007-Page 7 • . . S The Commission noted that there are extra deep walkways and wondered why there aren't planter strips. The applicant said it's not a requirement of a planned development under the old code. They want to leave something for the architects and builders to decide what they want to place on the lots. It was advised that street trees are required. President Inman asked about the lack of landscape strips in lots 7-11 and 21-25. The plan shows street trees behind the sidewalk, but with only 6' to the front porch setback, it's unlikely that someone will plant a substantial tree there. The applicant said they would not be averse to including planter strips from lots 8-11 and 21-23. John Annand, one of the property owners involved, testified that he's not sure what the prices will be for the homes, but envisions 2-story homes about 2400 square feet in size. The applicant noted that some lots will be larger to allow for play and some lots will have limited yard area. The open space tracts will primarily be planted with native vegetation. President Inman would like to see a soft pathway and benches in the open space tracts. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED With regard to the request for reduced side yard setbacks, staff advised that the Planned Development Code doesn't address street side yard setbacks specifically. The applicant is requesting 8' setbacks, which is 2' less than what is required. The Variance chapter of the Development Code allows up to a 20% reduction on certain setbacks,but not for street side yard setbacks. The applicant could have requested a variance, but they didn't. The Commission could add a condition that would require that, prior to issuance of building permits, the applicant provide a site plan that shows the street side yard as met at 10'. The applicant disagreed, saying that the intent of the code isn't to limit the side yard to an interior yard between 2 walls. The intent is to allow flexibility to the setbacks for the base zoning district for which they are applying the planned unit development. The intent is to allow the flexibility to permit, through the PD process, an 8' street side yard setback. A street side yard setback is still a side yard setback. They believe the Planning Commission has the authority to approve it without a variance. Commissioner Walsh noted that under the new code, the intent is to provide flexibility for the Planning Commission. Staff advised that the Planning Commission could require the applicant to come back for street side yard variances or they could indicate that there is flexibility in the code to allow for street side yard setbacks to be adjusted. President Inman moved to approve Subdivision (SUB) 2006-00008/Planned Development Review (PDR) 2006-00001/Zone Change (ZON) 2006-00001/Sensitive Lands Review (SLR) PLANNING COMMISSION MEETING MINUTES—February 5,2007—Page 8 • 2006-00010/Adjustment (VAR) 2006-00080 / Adjustment (VAR) 2007-00001 Annand Hill with the staff report as presented, the conditions, and some additional conditions, 1. add a minimum 4'planter strip in front of lots 8 through 11 and 21 through 23; 2. provide a landscape plan demonstrating a soft pathway connecting Tract A through Tract E with passive recreation and seating; 3. use a 6' chain link fence for tree protection, including and taking into account all testimony and deliberations heard tonight. Commissioner Walsh seconded the motion. The motion passed unanimously. 6. OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at 10:17 p.m. Jerree Lewis,Planning Commission Secretary A I EST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—February 5,2007—Page 9 • File No: Development Code Amendment (DCA) 2006-00007 File Title: Residential Zoning Districts Use Regulations Amendment To whom it may concern: I am a resident of the City of Tigard and live in close proximity to the Tigard High School site proposed for bus parking. My first concern is that this ordinance (if I understand it correctly)would create industrial use of what is now zoned for residential use by making it a parking and dispatch location for up to 30 class 6 diesel vehicles. I have received conflicting information from the City and the School District as to what is being requested by the School District. The City states that the District's request would place up to 30 diesel buses (both large and small, both district owned and contractor owned) at Tigard High School, amongst almost 2,000 children (1930 students per the district's web site) and the residences surrounding the High School, potentially on a permanent basis. The District states that there would only be 13 small district owned buses placed at the High School on a temporary basis. I believe there are important distinctions between these two positions. My second concern has to do with the long term health risks of diesel exhaust and it's affect on children. Diesel exhaust contains particulate matter, black carbon, sulfur dioxides, nitrogen oxides and more than 40 chemicals that are classified as "hazardous air pollutants" under the Clean Air Act. Diesel vehicles make up only 2 percent of vehicles in the United.States, but they are responsible for more than 60 percent of all particulates and nearly half of all nitrogen oxides. Diesel engines emit significant quantities of particulate matter (PM2.5). These fine particles penetrate deep into the lungs contributing to persistent human health problems such as asthma attacks, reduced lung function, lung disease and even premature death. Fourteen of the 40 toxins in diesel exhaust are known to cause cancer and contribute to cardiopulmonary disease. Other health effects are also troubling, though harder to quantify. The particles in diesel exhaust impair the lungs and aggravate diseases like emphysema and bronchitis; they can also worsen -- or trigger — asthma attacks. What's more, children are more susceptible than adults to these effects --they breathe faster and their lungs are less able to defend themselves from pollutants. In addition, exposures early in life can return to haunt them as they age, in the form of chronic health problems. Government regulators estimate, based on lifetime risks, that diesel exhaust is responsible to date, for 125,000 cancers nationwide. Since children often are exposed to diesel exhaust when they ride buses to school every day for many years, their exposure adds up --which translates into an unacceptably high risk of getting cancer later in life. Out of every million children that ride a school bus an hour or two each day during the school year, 23 to 46 of them may eventually develop cancer from the excess diesel exhaust they inhale on their way to and from school. A school bus will run it's engine at least 30 minutes before each route during its pre-trip inspection and warm up period (typically 3 times or more a day), or at least one and a half hours a day exposing students to these harmful particulates and gases. Do we really want to risk our citizen's health, and especially the health of our most vulnerable citizens, our children by making the High School a bus parking/dispatch yard? I think not.. Therefore I would recommend we only allow our 13 small school buses to park on a specified temporary basis at Tigard High School. The district's contractor can and should find its own facility in a properly zoned area. Sincerely, • 't Malcolm B. Pennington 16653 SW 88th Place Tigard, OR 97224-5443 (503) 624-1106 • • ATTACHMENT 3 Agenda Item: 5.1 Hearing Date: February 5,2007 Time: 7:00 PM STAFF REPORtTO THE , . PLANNING COMMISSION CITY OF.TIGARD''OREGON TI SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW BUS PARKING WITHIN RESIDENTIAL ZONES ON HIGH SCHOOL SITES CASE NO.: Development Code Amendment (DCA) DCA2006-00007 PROPOSAL: To amend Chapter (18.510 — Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. APPLICANT: Tigard-Tualatin School District 6960 SW Sandburg St_ Tigard,OR 97223 APPLICANT'S Parati REP.: Atm: Ed Murphy 20085 NW Tanasbourne Dr. Hillsboro,OR 97124 ZONE: N/A. LOCATION: Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1,2, 4, 6, 7,and 12;The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 5,6, 10, 11,and 12. SECTION II. STAFF RECOMMENDATION Staff recommends_ that the;P Cotninission-.find;:in.favor ;.to .amend the Residential Zonin District r bons as: ro sed b `the'Op can wi an alterations the e�iila p po g.: t;. • th: y �_:as`defeimined thto tlie ublic'hearing process and make a final recommendation to the`Tigard City Council:: - DC:\2006-00007 PAGI'. 1 OF 10 2/5/07 PUBLIC HEARING Sf.\I I;REPORT TO PLANNING COMMISSION • ) • SECTION III. BACKGROUND INFORMATION The proposal is to amend the residential zoning districts code to allow bus parking as an accessory use at high school sites. Currently there is only one high school facility in the City of Tigard (Tigard High School). Any future development of a high school facility will be able to include this use if the proposed amendment is approved. The school district has sold one of the site's it currently uses for bus storage along Pacific Highway and now seeks to re-locate these buses to the High School site. Buses have been stored on the school site in the past, but were moved to make room for modular buildings and the school remodeling project. The future proposed location of the bus storage is an existing parking lot near the NE corner of the site. The location is not adjacent to residential properties. The City's residential zoning districts code does not address bus parking on school sites and is therefore not allowed. This proposed use would be accessory to the primary use - schools. Non-accessory parking is not allowed within most residential zones, but is allowed as a conditional use within the higher density zones (R-12, R-25 and R-40). One of the restrictions for residential zones is to only allow park-and-ride or other transit related facilities. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that 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; Forty-five day advance notice was provided to DLCD on December 18, 2006, 49 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for 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 Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. In addition a notice was mailed to all property owners within 500 feet of the Tigard High School site because it is the only parcel currently affected by the proposed amendment. 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 for 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. 1)CA2006-00007 P.\GI{2 OF 10 2/5/07 PUBLIC I IL\RING STAFF REPOR"! TO PLANNING COMMM ISS1ON • • Statewide Planning Goal 5 — Open Spaces, Scenic and Historic Areas, and Natural Resources This goal outlines the protection of natural resources and conservation of scenic, historic and open spaces. This goal does not apply to the one site affected by the amendment because there are no open spaces, historic areas or natural resource areas on the site. If the bus parking use were proposed in or adjacent to these areas, then the regulations outlined in the Development Code for protection of these areas would apply. These chapters include but are not limited to 18.740 Historic Overlay and 18.775 Sensitive Lands. Statewide Planning Goal 6—Air,Water and Land Resources Quality This goal presents guidelines on how to maintain and improve the quality of the air, water and land resources of the state. Although there is no demonstrable evidence to show bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant has not submitted any evidence to support its claims that buses parked at the high school will not increase the impacts to air quality. If the buses are parked on school sites, then other land can be left vacant or developed with other uses. The only high school site located within the City of Tigard is not adjacent to any water resources. Statewide Planning Goal 10—Housing This goal outlines provisions to insure state housing needs are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The bus parking will only be allowed on sites approved for school uses. To ensure minimal effect upon surrounding residential uses, the bus parking is proposed to be 200 feet from any abutting property line with a residential use. Statewide Planning Goal 11—Public Facilities and Services Goal 11 outlines the need to plan and develop an arrangement of public facilities and services which will serve as a framework for urban and rural development. This code change only allows bus parking on approved high school sites. Schools are considered part of a community's necessary public facilities. Allowing bus parking on the school site will enhance efficiency of this public facility by not requiring the district to purchase additional land and operate an off-site facility. Statewide Planning Goal 12—Transportation This goal outlines how to provide and encourage a safe, convenient and economic transportation system. School buses are not included within the transportation systems to be provided by the City,but will operate by utilizing the street system planned and provided by the City. Transportation needs were addressed and goals set by adoption of the Tigard Transportation System Plan. This code amendment will have no effect on those goals because the existing Tigard High School site included in the study. • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1—Requirements for Housing.and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. Land being used for bus parking will be part of the high school campus and not used for residential homes. Therefore, this text amendment does not reduce the City's housing capacity. DC:\2006-00007 PAGE 3OF 10 2/5/07 PUBLIC((I ARING sr.\F('REPORT TO Pl..\NNING COMMISSION • ) • Title 8 —Compliance Procedures This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This title is not applicable. Title 12—Protection of Residential Neighborhood The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood residents. Allowing bus parking on high school sites will not affect accessibility to and from the surrounding neighborhood. Metro Regional Framework Plan Policy L14 School and Local Government Plan and Policy Coordination • 1.14.1 Coordinate plans among local governments, including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1.14.2 Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies, including schools, to ensure that public needs are met without jeopardizing opportunities for citizen input or oversight for health and safety or environmental protection. 8.3.8 Encourage local jurisdictions to partner(including funding) with school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police,neighborhood centers, senior centers, etc.). These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. Allowing bus parking on high school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Currently bus parking within residential zones is not addressed by the Development Code and therefore is not allowed. By allowing bus parking as an accessory use enables the school district to easily utilize land already owned by the district rather than seeking and acquiring an off-site location. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A.This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development commission,the regional plan adopted by the metropolitan service district; DC.\2006-00007 P:\GI'.4 OF 10 21S/07 PUBLIC IIL\RI\(;STAFF REPORT"ro PLANNING COMMISSION • • • B. Any neighborhood planning organization plans and implementation measures adopted by the city of tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The tigard comprehensive plan and community development code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1, 2.1.2 and 2.1.3: Citizen Involvement 2.1.1 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. 2.1.2 The opportunities for citizen involvement provided by the city shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3 the city shall ensure that information on land use planning issues is Available in an understandable form for all interested citizens. This policy is satisfied because notice of the proposed amendment was mailed to all property owners within 500 feet of the Tigard High School. In addition, notice was published in the Tigard Times of the Public Hearing and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Plan Policy 4.2.1 and 4.3.1: Air,Water and Land Resources Quality 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards,including those contained in the Clean Water Services' Design and Construction Manual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol. Ii, policy 4-4 DEQ land use compatibility program. C.Where applicable require a statement from the appropriate agency (prior to the approval of a land use proposal) that all applicable standards can be met. Bus parking is only allowed as an accessory use to a high school. To develop a site with a school requires review through a land use application. That review will verify that Clean Water Services Design and Construction standards are being met. Policy 4.3.1 addresses uses that create noise impacts on surrounding properties. The proposed code amendment requires that the bus parking be located at least 200 feet from the property line of neighboring residential uses. In addition the Tigard Development Code requires screening of DCA2006-00007 PAGE 5 ON 10 3/5/07 PUB1,1(.I II'.ARING STAFF REPORT TO PLANNING COMMISSION • 1 • parking areas. There is no demonstrable evidence that making the High School eligible for bus parking will impact the quality of air,water and land resources. Comprehensive Policy 6.6.1: Housing 6.6.1 the city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses) 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 viewer is stationary or mobile.Vol. Ii,policy 6-5 B. On-site screening of such things as service areas and facilities,storage areas and parking lots, and the following factors,shall be considered in determining the type and extent of the screening. 1. What needs to be screened; 2.The direction from which it is needed; 3. How dense the screen needs to be;and 4.Whether the viewer is stationary or mobile. 5.Whether the screening needs to be year round. Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, but does require increased setbacks around schools up to 30 feet. The proposed 200-foot setback and required screening for parking areas act as a buffer from neighboring uses. Comprehensive Policy 7.8.1: Public Facilities and Services 7.8.1 The city shall work closely with the school districts to ensure the maximum community use of[the] school facilities for Tigard residents through locational criteria and the provisions of urban services. Schools are considered public facilities. The Comprehensive Plan states the City shall work closely with the school districts to ensure the maximum community use of the school facilities for Tigard residents through locational criteria and the provisions of urban services. These locational criteria mainly relate to new schools, but are addressed further below under Policy 12. The City can make joint agreements with the school district to allow community use of school facilities for recreation, open space and meeting rooms. The proposed code amendment will not restrict community use of the facilities. Comprehensive Policy 12.4.1: Location Criteria 12.4.1 The city shall provide for the location of community facilities in a manner which accords with: A.The applicable policies in this plan; B. The locational criteria applicable to the scale and standards of the use. Medium impact utilities and facilities A. Locational criteria DC.12006-00007 PAGE 6 01, 10 2/5/07 PUBLIC I IF.,\RING Sf.\I'I RI?POR'F'fl)PLANNING COMMISSION • • (1) access (a) there is direct access from the site to a collector street and traffic will not be • routed through local neighborhood streets. (b) site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) there is public transit within one-quarter mile of the site. (2) impact of the proposed change on adjacent lands Vol. Ii,policy 12-13 (a) it is compatible with surrounding uses, considering scale, character and use. (b) it will reinforce orderly and timely development. (c) associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) large scale construction and parking lots can be buffered from the adjacent uses. (e) privacy of adjacent residential developments can be maintained. (f) the site layout can respond to existing community identity and street patterns. (g) buffering can screen the project from adjacent uses. (h) there is adequate area landscaping to filter the dust from the site area. (3) site characteristics (a) the land intended for development has an average site topography of less than a 10%grade,or it can be demonstrated that through engineering techniques,all limitations to development and the provision of services can be mitigated. (note: this does not apply to parks.) (b) the site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) the unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses. This policy addresses location of community facilities in accordance with applicable policies of the Comprehensive Plan and with locational standards related to the use. In this case High Schools are defined as a medium impact facility. These standards are related to access, impact on adjacent lands and site characteristics. The proposed code amendment could allow development that would impact these standards. As has been discussed previously in this report, impact on adjacent lands will be mitigated by screening and setbacks. Changes to access and the site characteristics will be reviewed with any necessary land use applications. • Any applicable provision of the City's implementing ordinances. Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. IX:,\2006-00007 P.\G1'.7 01. 10 2/5/07 PUBLIC HEARING sT\I'I'REPORT TO PLANNING COMMISSION 1 4 j • • Code Section 18.780: • This chapter establishes procedures and criteria for development within residential zoning districts. The purpose of these regulations is: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services -- at appropriate locations and at an appropriate scale.- 2. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing'residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. The proposed amendment includes provisions to ensure the continued protection neighborhood livability by requiring that the bus parking be located at least 200 feet from a property with a residential use. The use is also restricted to high school sites, which are considered medium impact facilities by the Comprehensive Plan. There is an anticipated level of activity associated with these sites. Adding bus parking to the list of activities will not significantly increase the impact on neighboring sites. Presently the code does not address and therefore does not allow bus parking within a residential zone. - ,.• :';:;r�_:-•_°-� ,4� �:rc...... :�,*`: z���K:as,.,.-w%�f��. _ -- ;.- ,.; . -• USEIRE ULATI ....-._ IDENTIAL ZO GDIS - STRICT G DNS NDME�NT �� . . . - :AS?t; ':'':s,;r,T�� _..'r�".'2'.'7o`.n�s"�...}'S.'+:i4:...'�'-.;:4.... .-.a.,.::.4„� - =�i;.-',°3.<a: '+i�w-.�•,...e��'F:�:s�.s.',, v.'+.-.. Ls�_x. =i �-u.,.r`rr, �: r=' ;'S'^5r-•?^-=ae-'s--= °..'"•' r'xf':e T`t'+i: +r, „•3: ^':"u°.>3S:' :cf:_; ', These. ext.amendmentsve 10 tliefollowin formattiri :' ;` ti.--, y_..: - iy..i.. �Text:to be°deiet `(Bold'Underlinexnd Italicl w-Text"to be :t��:99G:i�:f` �y<t�'�:t._3 :��`- -:.�;•. +.1?,.-?ss�s:...,..,;7;.�,�-. v 's.•ef,:d`..�?�- aa, ,3�k°»-er%:��::'-a i^,''y, _ .r.- _ _ Y .?�+'.Y:-7�C}::•'-,..ass,'-..` _ - r..s Y'r Is' 3.' > "L:: ..:.�-.ti,`;`:. .:,.y. TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C/R' C/R12 C/R'' C/R'' C r'' C/R' C/R'C/R'' 'School bus parking is permitted at public high school sites as a restricted use; it must be located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. The applicant has proposed bus parking as a restricted use. Because the bus parking will only be allowed as an accessory use to an approved conditional use, the proposed restricted use is not correct. To add bus parking as a restricted use would require listing it as a separate use classification. This is not the intention of the applicant. The accurate code language within the use table should be as follows: DCA2006-00007 P.\GE 8 OF 10 3/5/07 PUR7.1C I11?.\RING Si'.\I F REPORT TC)PLANNING(:oM1M1SSION • • • TABLE 18.510.1 • USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools 0 Cn C'? C'Z C'? C12 C'Z C'Z 'School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. SECTION V. STAFF ANALYSIS Restrictions on usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a neighborhood. However, schools are typically found in residential neighborhoods to safely and efficient serve the communities children. The City needs to balance these two uses, and may do so through restrictions on place,size,screening and buffering. Staff met with the applicant during a pre-application conference on October 10, 2006 to discuss these issues and discuss possible changes to the code. The proposed code revision addresses the applicant's concerns by allowing bus parking on high school sites. To ensure the public welfare and safety is protected, proximity to properties with a residential use must be 200 feet or greater. Staff believes that the proposed amendment stakes the best balance of restriction while still meeting the needs of the school district. The potential negative impacts by allowing bus parking are noise and traffic when the buses enter and exit the site. The applicant states that buses would generally enter and exit the property two times a day between the hours of 6:15 a.m. to 8:30 a.m. and 3:00 p.m. to 4:00 p.m. Currently there is only one high school site within the City of Tigard. It is located on Durham Road between SW 85th and SW 92nd Avenues. Durham Road is classified as an arterial and therefore has heavier traffic and noise volumes. This 43.65 acre site is separated from properties on the north, east and west by streets. Properties to the south are a mix of residential and industrial. Bus parking can work well on this site with the proposed restrictions. To add the accessory use to this or any other existing high school site may require a minor or major modification to the approved conditional use (school). This will depend on what the applicant must do to prepare the site for the buses. In the case of Tigard High School, no application is necessary because no site changes are proposed. The buses will utilize an existing parking lot and access onto Durham Road. Bus parking proposed for any new high school site would be reviewed through a Type III land use process, which requires a public hearing. This process is required because schools are a conditional use within residential zones. The proposed code amendment is only for residential zones and has no effect on commercial zones where schools are also allowed as a conditional use. Currently non-accessory parking is allowed in most commercial zones. This use would allow bus parking, but not as an accessory use on school sites. Comments were received from one neighbor of the Tigard High School site. Mr. Malcolm Pennington expressed that he is in favor of allowing short buses owned by the school district to be parked on the property. He lives on the south side of the Waverly Estates subdivision located south of the Tigard High site. He has concerns with the long or diesel-powered buses due to noise and air pollution. Mr. Pennington also fears that buses owned by outside contractors rather than the district will have signs and balloons posted on buses to recruit for bus drivers. Although there is no demonstrable evidence to show bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant has not submitted any evidence to support its claims that buses parked at the high school will not increase the impacts to air quality. This issue should be addressed by the applicant during the public hearing process. Signs are permitted within residential zones, but are regulated by the sign code. Signs on vehicles are prohibited within the City of Tigard (18.780.070— Certain Signs Prohibited). DCA2006-00007 PAGE 9 OF 10 2/5/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION VI. OTHER ALTERNATIVES No Action — The code would remain unchanged, and bus parking on school sites would continue to be prohibited in residential zones. Expanded Action—Allow bus parking on all school sites within residential zones. Alternate Actions — Decrease or increase the proposed 200 foot setback from residential properties. Add landscape buffer requirements to reduce noise pollution to surrounding properties. Require the school district to adopt Oregon Department of Education guidelines to reduce student exposure to diesel exhaust. (Attachment A). SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department and the Building Division have reviewed the proposal and have no objections to it. The City of Tigard Engineering Department, Tualatin Valley Fire and RescueClean Water Services, Oregon Department of Land Conservation and Development were notified of the proposed amendment and did not respond. ATTACHMENT: Exhibit A—ODE Executive Memorandum 66-2002-03 ti" (a-A'Y ) January 24, 2007 PREPARE BY: Cheryl Caines DATE Assistant Planner APR" January 24,2007 APPROVED BY: Dick Beavers rf DATE Planning Manager DCA2006-00007 PAGE.10 OF 10 2/5/07 PUBLIC III':.\RING STAFF RI'.POR1"CO PLANNING COMMISSION • ti OPE - ODE Executive Memorandum 66-2OU2-O3 9 EXHIBIT B Home > Publications > Executive Numbered Memos > 2002-03 October 11, 2002 TO: Superintendents and Transportation Supervisors RE: Reducing Diesel Exhaust School buses have an excellent safety record and according to National Highway Traffic Safety Administration (NHTSA), the school bus is the safest way to transport children to and from school. However, some recent evidence of adverse environmental and health impacts from diesel exhaust, such as inducing asthma attacks, has raised concerns with the Department of Education and Department of Environmental Quality (DEQ). Particulate levels may vary within individual buses over time but many cases may be / controlled. The most important influences on variability include: bus idling behavior, queuing practices, bus ventilation via windows, and outdoor concentration of particulates on bus routes. Engine model, age of engine, and number of miles since last overhaul, maintenance cycles, location of bus engine (front, next to driver, or rear) can also influence the levels. Elevation change, passenger load, and climate may all influence levels of interior pollutants and children's exposure. Bus parking and maintenance facilities have the potential to create localized particulate air pollution that far exceeds ambient outdoor levels. Pollution may routinely migrate to adjacent properties when buses are left idling or during periods of peak use-early mornings and afternoons. If vehicles are parked near schools, both outdoor and indoor school air quality may be diminished. The Department of Education strongly recommends that school districts adopt guidelines to reduce exposures of students to diesel exhaust. The following items should be included: 1. Drivers should turn bus engines off upon reaching their destinations or whenever idling time exceeds 2-3 minutes. Buses should not be turned on until ready to depart. Exceptions should include conditions that would compromise passenger safety, such as: a. Extreme weather conditions b. Idling in traffic 2. District should inform drivers about the effects of idling on both indoor and outdoor air quality. 3. Districts should ensure that buses are monitored and maintained so that emissions remain at their lowest possible level and ensure that engine compartments are completely sealed from interior passenger space. 4. Districts, whenever possible, should locate bus-parking facilities so as to have a minimal effect on air pollution in the vicinity of schools, playgrounds, and residential areas. 5. After the driver completes the pretrip inspection, the engine should be turned off until time to depart or the driver should depart immediately. Diesels do not warm up unless they are at a high idle or placed under a load. Besides polluting the air, an idling bus consumes fuel and adds wear and tear on the engine. According to the DEQ, a bus idling for an hour each day during a school year adds the equivalent of 1260 miles of wear on the engine. Operational costs associated with idling are estimated at about $250 per year per bus. Reducing idling time is not only a good health and environmental policy, but it also makes good economic sense. For more information about diesel exhaust and the health effects and for further ways to reduce diesel emissions, please contact Kevin Downing at the Department of Environmental Quality, 503.229.6549 or email downing.kevin @deq.state.or.us. Please feel free to contact Deborah Lincoln at the Department of Education, Pupil http://www.ode.state.or.us/pubs/memos/2002_03/06603.htm 1/22/2007 4 ULjt:-VLZ✓ txe uuve IVIeHIO1tl11uU111 vu-GVVL-w 1 av- v1 Z. • Transportation section at 503.378.3600, Ext. 2664 or email deburah.lincoln @state.or.us if you need further information or have questions. Nancy Heiligman Deputy Superintendent Of Public Instruction Copyright © 1998-Today, Oregon Department of Education Page last updated on: 8/16/2004 3:27:54 PM http://www.ode.state.or.us/pubs/memos/2002_03/066_03.htm 1/22/2007 TOe !1rcgonian • EST 1850 Practically Indispensable. 1320 SW Broadway, Portland, OR 97201 -3499 Affidavit of Publication City of Tigard 13125 SW Hall Blvd Tigard OR 972238144 41)e Q1rcgonian • EST.1850 Practically Indispensable. 1320 SW Broadway, Portland, OR 97201 -3499 Affidavit of Publication G• HATTER ,duly sworn depose and say that I am the Principal Clerk Of The Publisher of The Oregonian,a newspaper of general circulation,as defined by ORS 193.010 and 193.020, published in the city of Portland, in Multnomah County,Oregon;that the advertisement,(the printed text of which is shown below or shown in the attached tear sheet)was published without interruption in the entire and regular issue The Oregonian or the issue on the following dates: 2/27/2007 41/477X) OFF'K,IALSEAL ) Principal Clerk of the Publisher: ��% NOTARY PUBLIC-OREGON LI ORE r FEB 2 8 2007 tt) '°;.� NO�ARYRUBLIC-0REGON ) 1 COMMISSION N0.387505 , MY COMMISSION EXPIRES JAN.23,2009 ) Subscribed and sworn to before me is dateil Notary: Ad Order Number: 0002117368 PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on Tuesday March 13,2007 at 7:30 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted.by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E.Further information may be obtained from the City of Tigard Planning Division (Staff contact: Cheryl Caines)at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by email to cherylc @tigard-or.gov. DEVELOPMENT CODEAMENDMENT(DCA) 2006-00007- RESIDENTIAL ZONINGDISTRICTS USE REGULATIONS AMENDMENT- REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter(18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE:All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. OREGONIAN PUBLISH DATE:FEBRUARY 27, 2007 • .fi�xx.. Tigard Planning Commis s ion «R: NOTE: If you would like to speak on this item, please print your name &address on this form. Agenda Item # S. I Page f of I Date of Hearing ) -5- 0 •7 Case Number(s) )C 4 (216D -- 00007 Case Name /re_c/n/ -/ / i'i� 1 s c. s i2 - fee kr {'tom S c I• Location 6 1 • Please PRINT your name, address, and zip code Proponent (for the proposal): Opponent (against the proposal): If I Name: Name: Address: villii4trAtgl Address: l/6 5/ s 121 City, State, Zip: City, State, Zip: / I G� ., 2 ,2Z y Name: Name: / Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City,State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • File No: Development Code Amendment (DCA) 2006-00007 File Title: Residential Zoning Districts Use Regulations Amendment To whom it may concern: I am a resident of the City of Tigard and live in close proximity to the Tigard High School site proposed for bus parking. My first concern is that this ordinance (if I understand it correctly) would create industrial use of what is now zoned for residential use by making it a parking and dispatch location for up to 30 class 6 diesel vehicles. I have received conflicting information from the City and the School District as to what is being requested by the School District. The City states that the District's request would place up to 30 diesel buses (both large and small, both district owned and contractor owned) at Tigard High School, amongst almost 2,000 children (1930 students per the district's web site) and the residences surrounding the High School, potentially on a permanent basis. The District states that there would only be 13 small district owned buses placed at the High School on a temporary basis. I believe there are important distinctions between these two positions. My second concern has to do with the long term health risks of diesel exhaust and it's affect on children. Diesel exhaust contains particulate matter, black carbon, sulfur dioxides, nitrogen oxides and more than 40 chemicals that are classified as "hazardous air pollutants" under the Clean Air Act. Diesel vehicles make up only 2 percent of vehicles in the United States, but they are responsible for more than 60 percent of all particulates and nearly half of all nitrogen oxides. Diesel engines emit significant quantities of particulate matter (PM2.5). These fine particles penetrate deep into the lungs contributing to persistent human health problems such as asthma attacks, reduced lung function, lung disease and even premature death. Fourteen of the 40 toxins in diesel exhaust are known to cause cancer and contribute to cardiopulmonary disease. Other health effects are also troubling, though harder to quantify. The particles in diesel exhaust impair the lungs and aggravate diseases like emphysema and bronchitis; they can also worsen -- or trigger -- asthma attacks. What's more, children are more susceptible than adults to these effects --they breathe faster and their lungs are less able to defend themselves from pollutants. In addition, exposures early in life can return to haunt them as they age, in the form of chronic health problems. Government regulators estimate, based on lifetime risks, that diesel exhaust is responsible to date, for 125,000 cancers nationwide. Since children often are exposed to diesel exhaust when they ride buses to school every day for many years, their exposure adds up -- which translates into an unacceptably high risk of getting cancer later in life. Out of every million children that ride a school bus an hour or two each day during the school year, 23 to 46 of them may eventually develop cancer from the excess diesel exhaust they inhale on their way to and from school. A school bus will run it's engine at least 30 minutes before each route during its pre-trip inspection and warm up period (typically 3 times or more a day), or at least one and a half hours a day exposing students to these harmful particulates and gases. Do we really want to risk our citizen's health, and especially the health of our most vulnerable citizens, our children by making the High School a bus parking/dispatch yard? I think not. Therefore I would recommend we only allow our 13 small school buses to park on a specified temporary basis at Tigard High School. The district's contractor can and should find its own facility in a properly zoned area. Sincerely, / Malcolm B. Pennington 16653 SW 88th Place Tigard, OR 97224-5443 (503) 624-1106 , P64-4?5_ • • • TIGARD PLANNING COMMISSION AGENDA FEBRUARY 5, 2007 7:00 p.m. TIGARD TIGARD CIVIC CENTER— TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as'a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. 5.2 SUBDIVISION (SUB) 2006-00008/PLANNED DEVELOPMENT REVIEW (PDR) 2006-00001/ZONE CHANGE (ZON) 2006-00001/SENSITIVE LANDS REVIEW (SLR) 2006-00010/ADJUSTMENT (VAR) 2006-00080 ANNAND HILL SUBDIVISION REQUEST: Approval of a 40-lot Subdivision and Planned Development on 4.53 acres. The lots are proposed to be developed with detached single-family homes. Lot sizes within the development are proposed to be between 2,788 and 5,377 square feet. A Zone Change is required to apply the PD Overlay over a portion of the site (Tax Map 2S110AD, 8800), and Sensitive Lands Review is required for slopes greater than 25%. The applicant is also seeking a street improvement Adjustment for the proposed cul-de-sac from the maximum of 20 lots served to 34 lots, and to the 200 foot length. LOCATION: The project is located at 14600 SW Pacific Highway;WCTM 2S110AC, Tax Lot 00200 and 2S110AD, Tax Lot 08800. (continued on next page) • • COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally AND R-12 (PD): PD: Planned Development. The purposes of the PD Overlay zone are to provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement; to facilitate the efficient use of land; and to preserve to the greatest extent possible, the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site, among other purposes. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.360, 18.370, 18.390, 18.510, 18.705, 18.715, 18.720, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810. 6. OTHER BUSINESS 7. ADJOURNMENT • • Agenda Item: 5.1 Hearing Date: February 5,2007 Time: 7:00 PM • • STAFF.REPORT TO THE q. PLANNING COMMISSION : FOR THE CITY OF TIGARD, OREGON *tlzGRl SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW BUS PARKING WITHIN RESIDENTIAL ZONES ON HIGH SCHOOL SITES CASE NO.: Development Code Amendment (DCA) DCA2006-00007 PROPOSAL: To amend Chapter (18.510 — Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. APPLICANT: Tigard-Tualatin School District 6960 SW Sandburg St. Tigard,OR 97223 APPLICANT'S Parati REP.: Attn: Ed Murphy 20085 NW Tanasbourne Dr. Hillsboro,OR 97124 ZONE: N/A. LOCATION: Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12;The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2, 5, 6, 10, 11, and 12. SECTION II. STAFF RECOMMENDATION Staff recommends that the-Planning Commission find in favor to amend;the Residential Zoning District regulations as proposed by the applicant,with any alterations as determined through the,public hearing process and make a final recommendation to the Tigard City Council. ' DCA2006-00007 PAGE 1 OF 10 2/5/07 PUBLIC HEARING STAFF REPORT"I'O PLANNING COMMISSION • • SECTION III. BACKGROUND INFORMATION The proposal is to amend the residential zoning districts code to allow bus parking as an accessory use at high school sites. Currently there is only one high school facility in the City of Tigard (Tigard High School). Any future development of a high school facility will be able to include this use if the proposed amendment is approved. The school district has sold one of the site's it currently uses for bus storage along Pacific Highway and now seeks to re-locate these buses to the High School site. Buses have been stored on the school site in the past, but were moved to make room for modular buildings and the school remodeling project. The future proposed location of the bus storage is an existing parking lot near the NE corner of the site. The location is not adjacent to residential properties. The City's residential zoning districts code does not address bus parking on school sites and is therefore not allowed. This proposed use would be accessory to the primary use - schools. Non-accessory, parking is not allowed within most residential zones, but is allowed as a conditional use within the higher density zones (R-12, R-25 and R-40). One of the restrictions for residential zones is to only allow park-and-ride or other transit related facilities. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that 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; Forty-five day advance notice was provided to DLCD on December 18, 2006, 49 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1— Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of CO-mprehensive Plans and for 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 Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. In addition a notice was mailed to all property owners within 500 feet of the Tigard High School site because it is the only parcel currently affected by the proposed amendment. 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 for 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. DCA2006-00007 PAGE 2 OF 10 2/5/07 PUBLIC I W RING STAFF REPORT TO PLANNING COMMISSION • • Statewide Planning Goal 5 — Open Spaces, Scenic and Historic Areas, and Natural Resources This goal outlines the protection of natural resources and conservation of scenic, historic and open spaces. This goal does not apply to the one site affected by the amendment because there are no open spaces, historic areas or natural resource areas on the site. If the bus parking use were proposed in or adjacent to these areas, then the regulations outlined in the Development Code for protection of these areas would apply. These chapters include but are not limited to 18.740 Historic Overlay and 18.775 Sensitive Lands. Statewide Planning Goal 6 —Air,Water and Land Resources Quality This goal presents guidelines on how to maintain and improve the quality of the air, water and land resources of the state. Although there is no demonstrable evidence to show bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant has not submitted any evidence to support its claims that buses parked at the high school will not increase the impacts to air quality. If the buses are parked on school sites, then other land can be left vacant or developed with other uses. The only high school site located within the City of Tigard is not adjacent to any water resources. Statewide Planning Goal 10—Housing This goal outlines provisions to insure state housing needs are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The bus parking will only be allowed on sites approved for school uses. To ensure minimal effect upon surrounding residential uses, the bus parking is proposed to be 200 feet from any abutting property line with a residential use. Statewide Planning Goal 11—Public Facilities and Services Goal 11 outlines the need to plan and develop an arrangement of public facilities and services which will serve as a framework for urban and rural development. This code change only allows bus parking on approved high school sites. Schools are considered part of a community's necessary public facilities. Allowing bus parking on the school site will enhance efficiency of this public facility by not requiring the district to purchase additional land and operate an off-site facility. Statewide Planning Goal 12—Transportation This goal outlines how to provide and encourage a safe, convenient and economic transportation system. School buses are not included within the transportation systems to be provided by the City, but will operate by utilizing the street system planned and provided by the City. Transportation needs were addressed and goals set by adoption of the Tigard Transportation System Plan. This code amendment will have no effect on those goals because the existing Tigard High School site included in the study. • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1— Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. Land being used for bus parking will be part of the high school campus and not used for residential homes. Therefore, this text amendment does not reduce the City's housing capacity. 1.)CA2006-00007 PAGE 3 OF 10 2/5/07 PUBLIC I-II{:V21\G STAFF RE:POR1"I'O PLANNING COMMISSION • • Title 8 — Compliance Procedures This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This title is not applicable. Title 12— Protection of Residential Neighborhood The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood residents. Allowing bus parking on high school sites will not affect accessibility to and from the surrounding neighborhood. Metro Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1 Coordinate plans among local governments, including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1.14.2 Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.7 Encourage local jurisdictions to prioritize development applications and streamline processes for public agencies, including schools, to ensure that public needs are met without jeopardizing opportunities for citizen input or oversight for health and safety or environmental protection. 8.3.8 Encourage local jurisdictions to partner (including funding) with school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police, neighborhood centers, senior centers, etc.). These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. Allowing bus parking on high school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Currently bus parking within residential zones is not addressed by the Development Code and therefore is not allowed. By allowing bus parking as an accessory use enables the school district to easily utilize land already owned by the district rather than seeking and acquiring an off-site location. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development commission, the regional plan adopted by the metropolitan service district; DC.\2006-00007 PAGE 4 OF 10 2/5/07 PUBLIC HEARING ARING STAI:I:REPORT TO PLANNING COMMISSION • • B. Any neighborhood planning organization plans and implementation measures adopted by the city of tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The tigard comprehensive plan and community development code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1, 2.1.2 and 2.1.3: Citizen Involvement 2.1.1 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. 2.1.2 The opportunities for citizen involvement provided by the city shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3 the city shall ensure that information on land use planning issues is Available in an understandable form for all interested citizens. This policy is satisfied because notice of the proposed amendment was mailed to all property owners within 500 feet of the Tigard High School. In addition, notice was published in the Tigard Times of the Public Hearing and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Plan Policy 4.2.1 and 4.3.1: Air,Water and Land Resources Quality 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards, including those contained in the Clean Water Services' Design and Construction Manual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol. Ii,policy 4-4 DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency (prior to the approval of a land use proposal) that all applicable standards can be met. Bus parking is only allowed as an accessory use to a high school. To develop a site with a school requires review through a land use application. That review will verify that Clean Water Services Design and Construction standards are being met. Policy 4.3.1 addresses uses that create noise impacts on surrounding properties. The proposed code amendment requires that the bus parking be located at least 200 feet from the property line of neighboring residential uses. In addition the Tigard Development Code requires screening of DCA2006-00007 PAGE 5 OF 10 2/5/07 PUBLIC HEARING STAFF REPOR"1'1'O PLANNING CONIMIISSION • • parking areas. There is no demonstrable evidence that making the High School eligible for bus parking will impact the quality of air, water and land resources. Comprehensive Policy 6.6.1: Housing 6.6.1 the city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses) 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 viewer is stationary or mobile. Vol. Ii,policy 6-5 B. On-site screening of such things as service areas and facilities, storage areas and parking lots, and the following factors, shall be considered in determining the type and extent of the screening: 1. What needs to be screened; 2. The direction from which it is needed; 3. How dense the screen needs to be; and 4. Whether the viewer is stationary or mobile. 5. Whether the screening needs to be year round. Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, but does require increased setbacks around schools up to 30 feet. The proposed 200-foot setback and required screening for parking areas act as a buffer from neighboring uses. Comprehensive Policy 7.8.1: Public Facilities and Services 7.8.1 The city shall work closely with the school districts to ensure the maximum community use of[the] school facilities for Tigard residents through locational criteria and the provisions of urban services. Schools are considered public facilities. The Comprehensive Plan states the City shall work closely with the school districts to ensure the maximum community use of the school facilities for Tigard residents through locational criteria and the provisions of urban services. These locational criteria mainly relate to new schools, but are addressed further below under Policy 12. The City can make joint agreements with the school district to allow community use of school facilities for recreation, open space and meeting rooms. The proposed code amendment will not restrict community use of the facilities. Comprehensive Policy 12.4.1: Location Criteria 12.4.1 The city shall provide for the location of community facilities in a manner which accords with: A. The applicable policies in this plan; B. The locational criteria applicable to the scale and standards of the use. Medium impact utilities and facilities A. Locational criteria DCA2006-00007 PAGE 6 OF 10 2/5/07 PUBLIC I WARING STAFF REPOR"1'"1'O PLANNING COMMISSION • • ,h (1) access (a) there is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. (b) site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. (c) there is public transit within one-quarter mile of the site. (2) impact of the proposed change on adjacent lands Vol. Ii, policy 12-13 (a) it is compatible with surrounding uses, considering scale, character and use. (b) it will reinforce orderly and timely development. (c) associated lights and noise will not interfere with the activities and uses on surrounding properties. (d) large scale construction and parking lots can be buffered from the adjacent uses. (e) privacy of adjacent residential developments can be maintained. (f) the site layout can respond to existing community identity and street patterns. (g) buffering can screen the project from adjacent uses. (h) there is adequate area landscaping to filter the dust from the site area. (3) site characteristics (a) the land intended for development has an average site topography of less than a 10% grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated. (note: this does not apply to parks.) (b) the site is of a size which can accommodate the present and future uses and is of a shape which allows for a site layout in a manner which maximizes user convenience and energy conservation. (c) the unique natural features, if any, can be incorporated into the design of the facilities or arrangement of land uses. This policy addresses location of community facilities in accordance with applicable policies of the Comprehensive Plan and with locational standards related to the use. In this case High Schools are defined as a medium impact facility. These standards are related to access, impact on adjacent lands and site characteristics. The proposed code amendment could allow development that would impact these standards. As has been discussed previously in this report, impact on adjacent lands will be mitigated by screening and setbacks. Changes to access and the site characteristics will be reviewed with any necessary land use applications. • Any applicable provision of the City's implementing ordinances. Code Section 18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. DCA2006-00007 P.\GE 7 OF 10 2/3/07 PUBLIC HEARING STAFF RITORT TO PI ANNING COMMISSION • • Code Section 18.780: This chapter establishes procedures and criteria for development within residential zoning districts. The purpose of these regulations is: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services -- at appropriate locations and at an appropriate scale." 2. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. The proposed amendment includes provisions to ensure the continued protection neighborhood livability by requiring that the bus parking be located at least 200 feet from a property with a residential use. The use is also restricted to high school sites, which are considered medium impact facilities by the Comprehensive Plan. There is an anticipated level of activity associated with these sites. Adding bus parking to the list of activities will not significantly increase the impact on neighboring sites. Presently the code does not address and therefore does not allow bus parking within a residential zone. . DCA2006-00007 RESIDENTIAL ZONING DISTRICTS-USE REGULATIONS AMENDMENT :December,2006 • • ,Explanation of Formatting._ ' - [These text amendments employ the following'.formatting' • .tile - •Text to be deleted [Bold,Underline and Italic] Text'to. be'added• 'Proposed code language.is as follows: • . - TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C/R12 C/R12 C/R12 C/R'2 C/R'2 C/R'2 C/R'2C/R'2 12School bus parking is permitted at public high school sites as a restricted use; it must be located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. The applicant has proposed bus parking as a restricted use. Because the bus parking will only be allowed as an accessory use to an approved conditional use, the proposed restricted use is not correct. To add bus parking as a restricted use would require listing it as a separate use classification. This is not the intention of the applicant. The accurate code language within the use table should be as follows: 1CA2006-00007 PAGE 8 OF 10 3/5/07 PUBLIC I(FARING STAFF REPORT TO PLANNING COMMISSION • • TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools Cz C72 CP C2 C2 C2 Cn Clz 12School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. SECTION V. STAFF ANALYSIS Restrictions on usage within the residential zones are an important aspect of promoting the peaceful enjoyment of a neighborhood. However, schools are typically found in residential neighborhoods to safely and efficient serve the communities children. The City needs to balance these two uses, and may do so through restrictions on place,size,screening and buffering. Staff met with the applicant during a pre-application conference on October 10, 2006 to discuss these issues and discuss possible changes to the code. The proposed code revision addresses the applicant's concerns by allowing bus parking on high school sites. To ensure the public welfare and safety is protected, proximity to properties with a residential use must be 200 feet or greater. Staff believes that the proposed amendment strikes the best balance of restriction while still meeting the needs of the school district. The potential negative impacts by allowing bus parking are noise and traffic when the buses enter and exit the site. The applicant states that buses wou_d generally enter and exit the property two times a day between the hours of 6:15 a.m. to 8:30 a.m. and 3:00 p.m. to 4:00 p.m. Currently there is only one high school site within the City of Tigard. It is located on Durham Road between SW 85th and SW 92nd Avenues. Durham Road is classified as an arterial and therefore has heavier traffic and noise volumes. This 43.65 acre site is separated from properties on the north, east and west by streets. Properties to the south are a mix of residential and industrial. Bus parking can work well on this site with the proposed restrictions. To add the accessory use to this or any other existing high school site may require a minor or major modification to the approved conditional use (school). This will depend on what the applicant must do to prepare the site for the buses. In the case of Tigard High School, no application is necessary because no site changes are proposed. The buses will utilize an existing parking lot and access onto Durham Road. Bus parking proposed for any new high school site would be reviewed through a Type III land use process, which requires a public hearing. This process is required because schools are a conditional use within residential zones. The proposed code amendment is only for residential zones and has no effect on commercial zones where schools are also allowed as a conditional use. Currently non-accessory parking is allowed in most commercial zones. This use would allow bus parking, but not as an accessory use on school sites. Comments were received from one neighbor of the Tigard High School site. Mr. Malcolm Pennington expressed that he is in favor of allowing short buses owned by the school district to be parked on the property. He lives on the south side of the Waverly Estates subdivision located south of the Tigard High site. He has concerns with the long or diesel-powered buses due to noise and air pollution. Mr. Pennington also fears that buses owned by outside contractors rather than the district will have signs and balloons posted on buses to recruit for bus drivers. Although there is no demonstrable evidence to show bus parking effects air pollution, idling buses may diminish air quality of the immediate surrounding area. The Oregon Department of Education has addressed this issue by recommending school districts adopt guidelines to reduce student exposure to diesel exhaust. The applicant has not submitted any evidence to support its claims that buses parked at the high school will not increase the impacts to air quality. This issue should be addressed by the applicant during the public hearing process. Signs are permitted within residential zones, but are regulated by the sign code. Signs on vehicles are prohibited within the City of Tigard (18.780.070- Certain Signs Prohibited). DCA2006-00007 PAGE 9 OF 10 2/5/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMOSSION • • .. SECTION VI. OTHER ALTERNATIVES No Action — The code would remain unchanged, and bus parking on school sites would continue to be prohibited in residential zones. Expanded Action —Allow bus parking on all school sites within residential zones. Alternate Actions — Decrease or increase the proposed 200 foot setback from residential properties. Add landscape buffer requirements to reduce noise pollution to surrounding properties. Require the school district to adopt Oregon Department of Education guidelines to reduce student exposure to diesel exhaust. (Attachment A). SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department and the Building Division have reviewed the proposal and have no objections to it. The City of Tigard Engineering Department, Tualatin Valley Fire and RescueClean Water Services, Oregon Department of Land Conservation and Development were notified of the proposed amendment and did not respond. ATTACHMENT: Exhibit A — ODE Executive Memorandum 66-2002-03 et_L- �� January 24,2007 PREPARE I3 BY: Cheryl Gaines DATE Assistant Planner allWar 11/411 January 24, 2007 APPROVED BY: Dick Bewers• •rf DATE Planning Manager DC.\2006-00007 PAGE 10 OF 10 2/5/07 PUI3],W I-II?.RING STAFF REPOR'1'1'O PLANNING COMMISSION ODE - ODE Executive Memorandum 66-20U2-03 Yage 1 of • • Home > Publications > Executive Numbered Memos > 2002-03 October 11, 2002 EXHIBIT A TO: Superintendents and Transportation Supervisors RE: Reducing Diesel Exhaust School buses have an excellent safety record and according to National Highway Traffic Safety Administration (NHTSA), the school bus is the safest way to transport children to and from school. However, some recent evidence of adverse environmental and health impacts from diesel exhaust, such as inducing asthma attacks, has raised concerns with the Department of Education and Department of Environmental Quality (DEQ). Particulate levels may vary within individual buses over time but many cases may be / controlled. The most important influences on variability include: bus idling behavior, queuing practices, bus ventilation via windows, and outdoor concentration of particulates on bus routes. Engine model, age of engine, and number of miles since last overhaul, maintenance cycles, location of bus engine (front, next to driver, or rear) can also influence the levels. Elevation change, passenger load, and climate may all influence levels of interior pollutants and children's exposure. Bus parking and maintenance facilities have the potential to create localized particulate air pollution that far exceeds ambient outdoor levels. Pollution may routinely migrate to adjacent properties when buses are left idling or during periods of peak use-early mornings and afternoons. If vehicles are parked near schools, both outdoor and indoor school air quality may be diminished. The Department of Education strongly recommends that school districts adopt guidelines to reduce exposures of students to diesel exhaust. The following items should be included: 1. Drivers should turn bus engines off upon reaching their destinations or whenever idling time exceeds 2-3 minutes. Buses should not be turned on until ready to depart. Exceptions should include conditions that would compromise passenger safety, such as: a. Extreme weather conditions b. Idling in traffic 2. District should inform drivers about the effects of idling on both indoor and outdoor air quality. 3. Districts should ensure that buses are monitored and maintained so that emissions remain at their lowest possible level and ensure that engine compartments are completely sealed from interior passenger space. 4. Districts, whenever possible, should locate bus-parking facilities so as to have a minimal effect on air pollution in the vicinity of schools, playgrounds, and residential areas. • 5. After the driver completes the pretrip inspection, the engine should be turned off until time to depart or the driver should depart immediately. Diesels do not warm up unless they are at a high idle or placed under a load. Besides polluting the air, an idling bus consumes fuel and adds wear and tear on the engine. According to the DEQ, a bus idling for an hour each day during a school year adds the equivalent of 1260 miles of wear on the engine. Operational costs associated with idling are estimated at about $250 per year per bus. Reducing idling time is not only a good health and environmental policy, but it also makes good economic sense. For more information about diesel exhaust and the health effects and for further ways to reduce diesel emissions, please contact Kevin Downing at the Department of Environmental Quality, 503.229.6549 or email downing.kevin @deq.state.or.us. Please feel free to contact Deborah Lincoln at the Department of Education, Pupil http://www.ode.state.or.us/pubs/memos/2002_03/066_03.htm 1/22/2007 Ul - our, Executive lvlemoranuum oo-ZVVG-ui rage L ui • Transportation section at 503.378.3600, Ext. 2664 or email deSah.Iincoln@sstate.or.us if you need further information or have questions. J Nancy Heiligman Deputy Superintendent Of Public Instruction Copyright © 1998-Today, Oregon Department of Education Page last updated on: 8/16/2004 3:27:54 PM http://www.ode.state.or.us/pubs/memos/2002_03/066 03.htm 1/22/2007 • • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER : TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, FEBRUARY 5, 2007 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, MARCH 13, 2007 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 FILE TITLE: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT APPLICANT: Tigard-Tualatin School District APPLICANT'S Parati 6960 SW Sandburg St. . REPRESENTATIVE: Attu: Ed Murphy Tigard, OR 97223 20085 NW Tanasbourne Dr. Hillsboro, OR 97124 REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. THE PUBLIC HEARING ON THIS MA'IThR WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND 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. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRIT l'EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRI'1'1EN TESTIMONY ON THIS PROPOSED ACI1ON 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 WRI JJEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE AC11ON ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. 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 (25G) 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 STAFF PLANNER CHERYL CAINE S AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO cherylc @tigard-or.gov ah TO THE WEBTEAM FOR THE \ SITE TO BE POSTED AT • http://www.tigard-or.gov/city hall/departments/cd/code_amendment.asp Proposed Residential Zoning Districts Use Regulations Amendment FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 FILE TITLE: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT APPLICANT: Tigard-Tualatin School District APPLICANT'S Parati 6960 SW Sandburg St. REPRESENTATIVE Attn: Ed Murphy Tigard, OR 97223 20085 NW Tanasbourne Dr. Hillsboro, OR 97124 OWNER: Tigard-Tualatin School District 6960 SW Sandburg St. Tigard, OR 97223 REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. STAFF CONTACT: Cheryl Caines,Assistant Planner HEARING DATES: Planning Commission: Monday,February 5,2007, 7:00 PM. City Council: Tuesday,March 13,2007, 7:30 PM. PROPOSED CODE AMENDMENTS: Chapter 18.510. (Please link to the proposed language/amendments attached to this email) Imo-QUEST ER COMn(E,v7y • • RE QUE ST FOR COMMENTS 4fl©ARD DATE: December 15,2006 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Assistant Planner(x2437) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Cherylc @tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 - RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT- REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 5,6, 10, 11 and 12. The complete text of the proposed Code Amendments is attached 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: DECEMBER 29, 2006. 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 m writing as soon as possible. IT 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 or email. Written comments provided below: — Name&Number of Person Commenting: .3- 7/8.256/ • • REQUEST FOR COMMENTS 'BOARD DATE: December 15,2006 TO: Mark Vandomelen,Residential Plans Examiner FROM City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Assistant Planner(x2437) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Cherylcatigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 - RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT- REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 5,6, 10, 11 and 12. The complete text of the proposed Code Amendments is attached 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: DECEMBER 29, 2006. 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. I} 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 or email. Written comments provided below: Name&Number of Person Commenting: /'��J a75 • REQUEST FOR COMMENTS 4IlC�ARD DATE: December 15,2006 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Assistant Planner(x2437) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Cherylc @ tgard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 - RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT- REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2,5,6, 10, 11 and 12. The complete text of the proposed Code Amendments can be viewed at http://www.tigard-or.gov/code_amendments. If you do not have computer access or would like a paper copy of the amendments, please contact us and we will be happy to send one to you. 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 RACK BY: DECEMBER 29, 2006. 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 hone 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 or email. Written comments provided below: Name&Number of Person Commenting: , TY OF TIGARD REQUEST FO COMMENTS NOTIFICA LIST FOR LAND USE & COMMUNITY DE.OPMENT APPLICATIONS FILE NOS.: DCA.A0O(4, -c?000l FILE NAME: Res icjen-6.1 zrt' i7iS-i4ri Os PrrAencime4f- CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ['Central [Mast ❑South ❑West CITY OFFICES _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. /POLICE DEPT./Jim Wolf,Crime Prevention Officer j 'BUILDING DIVISION/Mark(residential)Brian(commercial) 2/ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer erecter CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/Rob Murchison,Project Engineer v''PLANNING COMMISSION(+11 sets) _ 7/PLANNER—POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARING! _HEARINGS OFFICER(+2 sets) SPECIAL DISTRICTS / _ TUAL.HILLS PARK&REC.DIST.*� ✓TUALATIN VALLEY FIRE&RESCUE• _ TUALATIN VALLEY WATER DISTRICT* CLEANWATER SERVICES Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) — Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ 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 17160 SW Upper Boones Fry.Rd. _ Bob Knight,Data ResourceCenter(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps a cws Letter only) _ Mel Huie,Greenspaces Coordinator(CPA20A) Larry French(Comp.Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 . City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powerlines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue —CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Steve Conway(General Apps.) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(ZCA)Ms 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cPA2cA)MS14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(zcA)Ms is Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. —WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)°s11^(Monopole Towers) Sam Hunaidi,Assistant District Manager (Notify if ODOT RJR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager • 1200 Howard Drive SE Albany,OR 97322-3336 • —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. —TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(sea Map for Anra Contact) (If Project is Within V.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 (MC030533) _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kehler,Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 20575 Vonnewmann Dr.,Suite 150 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 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev (Saaia mAreecantad) Diana Carpenter(Apps E.d HaNN.dssw) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patt Amasters\Request For Comments Notification List.doc (UPDATED: 8-Nov-06) RANNIAxr EcRETA kY /1.4TE IALs AFFIDAVIT OF MAILING il I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am an Administrative Assistant for the City of Tigard,.Washington County,Oregon and that I served the following: t B.4) © NOTICE OF FINAL ORDER FOR DCA2006-00007/RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT (File No/Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (4/10/2007) 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 April 17,2007,and deposited in the United States Mail on April 17,2007,postage prepaid. I1:4-el-4-).-/ (Person fiat P aced Notice) / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 7 day of C / r l ,2007. 9) f'.'',rf, OFFICIAL SEAL J� 1 1 DIANE M JELDERKS 1 • NOTARY PUBLIC-OREGON () ` 1( COMMISSION NO.373021 MY COMMISSION EXPIRES SEPT.25,20071 NOTARY PUBLIC OF ■'V GO My Commission Expires: D 120 DAYS =N/A • DATE OF FILING: 4/10/2007 • �-/�H �T r ` DATE MAILED: 4/17/2007 CITY OF TIGARD T Gi - Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL case Number: DEVELOPMENT CODE AMENDMENT(DCA) 2006-00007 Case Name: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Owner's Names/Addresses: N/A . . Address of Property: Citywide Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 07-05) THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON FEBRUARY 5, 2007 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MARCH 13, 2007 AND CONTINUED THE HEARING TO APRIL 10, 2007 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS,FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject: > A request for approval of a Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. ON 4/10/07 THE TIGARD CITY COUNCIL ADOPTED ORDINANCE NO 07-05 INCORPORATING REVISIONS(_underlined below) TO THE ORIGINAL PROPOSAL TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE, IF LOCATED A MINIMUM OF 200 FEET FROM PROPERTIES WITH A RESIDENTIAL USE, AND FOR A LIMIT OF THREE YEARS WITH EXTENSIONS BEYOND THAT REQUIRING APPROVAL THROUGH THE CONDITIONAL USE PROCESS. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1,2,5,6, 10, 11 and 12. Action: > ® Approval with Revisions ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies . ® Interested Parties. Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON MAY 10,2007. 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) within 21 days 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. • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- 05 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 — RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON HIGH SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES. WHEREAS, the applicant Tigard-Tualatin School District has requested to amend Chapter (18.510 — Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use; and • WHEREAS, staff proposed a modification to allow bus parking as an accessory use and not as a restricted use; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on February 5, 2007, and recommended approval of the proposed amendment with a 4-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable 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; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12;The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 5, 6, 10, 11,and 12;and WHEREAS, the Tigard City Council held a public hearings on March 13, 2007 and April 10, 2007, to consider the proposed amendments; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No. 07- 05 Page 1 NOW,THEREFORE, FI•ITY OF TIGARID ORDAINS AS F•OWS: O RE SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U hCt fir \OUS vote of all Council members present after being read by ntunber and title only, this 1 l'- day of ---420A-1L , 2007. C)63...4.-P4.-e.4....41'1_9_ y_ Catherine Wheatley, City Recorder t APPROVED: By Tigard City Council this La=day of . �R/-(1 L- , 2007. Crai�Dirksen, Mayor Approved as to form: City Attorney /0. O-7 Date ORDINANCE No. 07- (75 Page 2 • Exhibit A ---- - --- DCA2006=00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT December,2006. Explanation of Formatting These text amendments employ the following formatting: JBoldt_Underline and Italicl —Text to be added Proposed)code language is as follows: TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C1' C13 Cu C1' C/' C13 C/'- C1' '`School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is three (3)years. An extension to the time limit is possible through a major modification to the approved Conditional Use. • • EXHIBIT Parati DCA2006-00007 Attn: Ed Murphy . RESIDENTIAL ZONING DISTRICTS USE 20085 NW Tanasbourne Dr. REGULATIONS AMENDMENT Hillsboro, OR 97124 • Tigard-Tualatin School District 6960 SW Sandburg St: Tigard, OR 97223 Malcolm Pennington 16653 SW 88t Place Tigard, OR 97224 David Mulholland 9022 SW Waverly Drive Tigard, OR 97224 Dianna Matthews 16083 SW Inberurie Road Lake Oswego, OR 97035 Kelly Hossaini,Attorney Miller-Nash Law Firm 111 SW 5th Avenue Portland, OR 97204 ID M Notice of Adoption THIS FORM MUST BE MAILED TO DLCD 0 o WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 For DLCD Use Only Jurisdiction: City of Tigard Local file number: DCA2006-00007 Date of Adoption: April 10,2007 Date Mailed: April 17, 2007 Date original Notice of Proposed Amendment was mailed to DLCD: December 18, 2006 ❑ .Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". To allow high school bus parking as an accessory use, if located a minimum of 200 feet from properties with a residential use, and for a limit of three years with extensions.beyond that requiring approval through the conditional use process. 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". Allowed as an accessory use instead of a restricted use and added additional language to limit the use to three years with extensions beyond that requiring approval through the Conditional Use process. Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: All residential zones Acres Involved: N/A Specify Density: Previous: N/A New:N/A Applicable Statewide Planning Goals: 1, 2, 5, 6, 10, 11 & 12 Was and Exception Adopted? ❑ YES ® NO DLCD File No.: • • Did the Department of Land Conservation and Development receive a Notice f Proposed Amendment Forty-five (45) days prior to first evidentiary hearing? ® Yes ❑ No If no, do the statewide planning goals apply? ❑ Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Cheryl Caines Phone: (503) 639-4171 Extension: 2437 Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip Code + 4: 97223-8189 Email Address: cherylc @tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610,OAR Chapter 660-Division 18. COPIES TO: Metro Land Use &Planning ODOT-Region 1,District 2-A 600 NE Grand Avenue Sam Hunaidi,Assistant District Manager Portland,OR 97232-2736 6000 SW Raab Road Portland,OR 97221 1. Send this Form and TWO(2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Submit TWO(2) copies the 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 not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA maybe 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 copythis form on 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 mara.ulloa @state.or.us - A1'1ENTION: PLAN AMENDMENT SPECIALIST. • • • CITY OF TIGAARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- 05 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 — RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON I-IIGH SCHOOL SITES WITI-IIN ALL RESIDENTIAL ZONES. WHEREAS, the applicant Tigard-Tualatin School District has requested to amend Chapter (18.510 — Residential Zoning Districts) of the Tigard Development Code to allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use; and WHEREAS, staff proposed a modification to allow bus parking as an accessory use and not as a restricted use; and WI-IEREAS, notice was provided to the Department of Land Conservation and Development 45 days . prior to the first scheduled public hearing; and \X/I-IEREAS, the Tigard Planning Commission held a public hearing'on February 5, 2007, and recommended approval of the proposed amendment with a 4-0 vote; WHEREAS, notice of the public hearings was published in the Tigard Times and the Oregonian Newspapers at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable 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; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2,4, 6, 7, and 12;The Metro Urban Growth Management Plan Tides 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3;and Statewide Planning Goals 1,2, 5, 6, 10, 11,and 12;and WHEREAS, the Tigard City Council held a public hearings on March 13, 2007 and April 10, 2007, to consider the proposed amendments; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. ORDINANCE No. 07- 05- Page 1 • • • NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION I: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U hCl I'1 (Y\D.-kS vote of all Council members present after being read by number and title only, this I D— day of -- -42-lLi L , 2007. • 0a..-Lftl—eAr-i_Q__ Catherine Wheatley, City Recorder -t-LL APPROVED: By Tigard City Council this / day of -14,1—Z L- , 2007. • Crai7Dirksen, Mayor Approved as to form: I if City Attorney '1 /, / O. 0-7 Date • • ORDINANCE No. 07- (05 Page 2 i • • • Exhibit A • DCA2006-00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT December,2006 Explanation of Formatting These text amendments employ the following formatting: [Bold, Underline and Italic] —Text to be added Proposed code language is as follows: TABLE 18.510.1 • USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools Ct" Ct' C1°' C' Ct' C'' Cr'- ''School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is three (3)years. An extension to the time limit is possible through a major modification to the approved Conditional Use. • • • • • • • . . U.S. Postal ServicelM o CERTIFIED MAILTM RECEIPT ' u1 (Domestic Mail Only;No Insurance Coverage Provided) Er , For delivery informatio S 1umj r11 Postage 4 ,,//.Q J,/ O Certified Fee _) Crd` .4'4( ' C1 q / rm Return Receipt Fee i P mark (Endorsement Required) ill ©O�ere czy 0 Restricted Delivery Fee t5 (Endorsement Required) A� '?1� Q �� Total Postage 8 Fees O —ent To p --t M1 ATTN: PLAN AMENDMENT SPEQALIST Sheet,Apt.410 , Oregon Dept.of Land Conservation&Development i or PO Box No. I 635 Capital St.:Lc NE Suite 150 C(4 State,ZIP+4 Salem,OR 97301-2540 1 PS Form 3800,June 2002 See Reverse for Instructions y .• •• . 34013AN3 40 d011tl tl3AJIAS ^., Si i SENDER' COMPLETE THIS SECTION COMPLETE T!-!!S S&CT.'^"J ON DELivZPY • Complete items 1,2,and 3.Also co 1*ete j Sign- ,,, •.'. ,t � �� --�. � _,..„...........„.0., "lit etiStii l' �" item 4 if RestrictaiEfiJe►U�lt�rj� �� • Print your name and address on the reverse so that we can return the card to you. B. ;-•-iv-. • P :'Name) C. Date of Delivery ' • Attach this card to the back of the mailpiece, (11\,"(- or on the front if space permits. s. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No — -- - --- — ATTN: PLAN AMENDMENT SPECIALIST ' Oregon Dept.of Land Conservation&Development . 635 Capital Street NE,Suite 150 3. ice Type Salem,OR 97301-2540 Certified Mail 0 Express Mall i 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. ?? ' 4. Restricted Delivery'?(Extra Fee) 0 Yes 1 _ I 2. Article Number —- Y 7006 0810 0002 4524 9501 It (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540{ • • • • 11 AFFIDAVIT OF MAILING • T I GARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,Washington County, Oregon and that I served the following: {Check App opriare Bo$(s)Below' © NOTICE OF FINAL ORDER FOR: DCA2006-00003/PLANNED DEVELOPMENT CODE AMENDMENT (File No./Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council (10/24/2006) 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 October 27,2006,and deposited in the United States Mail on October 27,2006,postage prepaid. �3 2 ,t'�c Q7� (Person •. ► -- ed Notice) STATE OF OREGON County of Washington ss. City of Tigard St- Subscribed and sworn/affirmed before me on the 3l �' day of ■Ist_,iA, r- ,200• t� OFFICIAL SEAL (J = `.y;'" DIANE M JELDERKS � NOTARY PUBUC-OREGON () ad/ni--721e 1�M COMMISS ONMEXPIRES SEPT.25,2007(� NOTARY PUBLIC t� REGON My Commission Expires: il>0 7 • • EXHIBITi 120 DAYS =N/A DATE OF FILING: 10/26/2006 DATE MAILED: 10/27/2006 CITY OF TIGARD T FG tM Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA)2006-00003 Case Name: PLANNED DEVELOPMENT CODE AMENDMENT Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,Oregon 97223-8189 Owner's Names/Addresses: N/A Address of Property: N/A Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 2006-16). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON SEPTEMBER 18, 2006 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON OCTOBER 24, 2006 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject > The applicant is requesting approval of a Development Code Amendment to change the procedures and approval criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a new purpose statement, and a new approval process and approval criteria. Related definitions of "density bonus", "landscaping", and open space facility" would be added to the Definitions Chapter (18.120). AT THE CLOSE OF THE RECORD ON OCTOBER 24, 2006, THE CITY COUNCIL MADE MINOR CHANGES TO THE PROPOSED CODE AMENDMENT AND UNANIMOUSLY VOTED TO APPROVE THIS REQUEST (Ordinance No.2006-16). ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120, 18.350 and 18.390;Comprehensive Plan Policies 1;2,3 and 6 and Statewide Planning Goals 1 and 2. Action: > © Approval ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON NOVEMBER 23,2006. 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 to appeal with the Oregon Land Use Board of Appeals (LUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at 503.639.4171. •TY OF TIGARD, OREGON S TIGARD CITY COUNCIL ORDINANCE NO. 06-1IP AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18;120 AND 18.350, TO CREATE A NEW PURPOSE STATEMENT, APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS. (DCA 2006-00003) AS AMENDED WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.120 and 18.350,to create a new purpose statement, approval process, approval criteria and other revisions for Planned Developments; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public meeting on September 18, 2006, and recommended approval of the proposed amendment (with additional revisions) by motion with a unanimous vote;and WHEREAS, the Tigard City Council has considered applicable 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;and WHEREAS,—the--Tigard-City-Council-has-found-the-following-to-be-the-only--applicable-review- criteria: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, and 18.390.060; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning Goals 1 and 2. WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. ORDINANCE No.06- j)p Page 1 • • PASSED: By Un i mWiu° vote of all Council members present after being read by number and title only,this a'- day of C 7?))2 t , 2006. fLC.... Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this 7 day of OGtt,` •1 ' ,2006. Craig D. ksen, Mayor Approved as to form: WAttorney 0 ,24. OLO Date Certified to be a true copy of the Original on file at City of Tio, • Ci all. ° By ELL,I.LA o. ID-QL'( i o City Recorder, City of Tigard qk Date TI G A R D ORDINANCE No. 06- 1 Page 2 • • "EXFIIBIT A" City of Tigard DCA 2006-00003 Planned Developments Code Amendment October 2006 Explanation of Formatting These text amendments employ the following formatting: StfilEegh— For text to be deleted [Bold and Italic]— For text to be added Chapter 18.120 DEFINITIONS [55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. No other improvements (apart from underground utilities and natural and ecological enhancements) are allowed b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance;such as sports fields,playground equipment,group picnic shelters,swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#55 according to the above amendments] Page 1 of 21 October 24, 2006 • • Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process 18.350.030 Administrative Provisions .. !.! ! . . . • . . • . . • . . .. • . 1 ! : ! . . . . . . • . . • • . . .. . . . 18.350.090[18.350.040]Conceptual-D Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 4-8-350-400-Approval-Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 2 To facilitate the efficient use of land; spa"e n utilities. [1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] Page 2 of 21 October 24,2006 • S [3. To achieve unique neighborhoods -(by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning;and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site;and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer,neighbors,and the City;and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any application for the development:] B. Elements of approval process. There are three elements to the planned development approval process, as follows: . . Y._ Y.- - . [1. The approval of the planned development concept plan;and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. • . .. . . _ . . .. - . . .. . . .. . ., I.! . . .. . - - . .. - a• r.- ..• - . . - • .. reviewed by means of a Type 11 procedure, as governed by 1.8.390.040, to ensure that it is [I. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.] Page 3 of 21 October 24, 2006 • • [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] [3. The planned development overlay zone will be applied concurrently with the approval of the detailed.plan.] [4.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approvaL All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans.Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] r.tl [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan,including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (Le. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.] A./B.] Zoning map designation. - . . .. . -: : - . • . - . . - . . . . [The planned development overlay zone application shall be concurrently approved if the Page 4 of 21 October 24, 2006 • • detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. B. Time limit OR fig of detailed development plan. Within 1 1/2 years after the date of .... . . .. ... . ... � . . . . . -, ... - - • •II /I• - a. The change increases the residential densities,increases the lot coverage by - �. . .. . . - ,. . .. . .• • .. ..• . c. The change involves a change in use; . • . . • . . . ,. ! . - - . . .. .. . . , - . .. . .. - - , - . .. . - - . - - - • .. . . . _ . . , . U. .•• it �. C. Extension. The Director shall,upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan for preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: Page 5 of 21 October 24, 2006 • • a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to conceptual plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required] _ . . .. •.. ..• . . .. - .. „ . . . . [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition,the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] occupancy permits are issued. However, when the Director determines that immediate I I • - - - - • • . Page 6 of 21 October 24,2006 • • . - .. . , .. •- .- _ - _ - !. !! : . r: . .• - .. 3 Duplex residential units; 11 Multi family residential units; 5 Manufactured homes; the zone; . 7 Community building; 10 Recreational vehicle storage area. follows: 4. Structure setback provisions: - - . : .. . . . . ... . Page 7 of 21 October 24, 2006 • • • • . - . , .. .. . , . - ,. . - - . . ,. . .. . . . - B. Exceptions to sign requirements. The Commission may grant an exception to the sign s ; 2 The exception is necessary for adequate identification of the use on the property; and C. Exceptions to Iandsca.in_ requirements. The Commission may grant an exception to the 1E050.090[18.350.040]Conceptual-Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.]A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c.An explanation of how the proposal relates to the purposes of the Planned Development Page 8 of 21 October 24, 2006 • • Chapter as expressed in 18.350.010.) [d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A[general]development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] B. Additional information. In addition to the general information described in Subsection A above, the conceptual-development plan, data; and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;) S. [6.]A sign concept; and [7.A streets and utility concept; and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] [C.Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; Page 9 of 21 October 24, 2006 • • • c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center,racquetball court, swimming pool,tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met: L The-conceptp lan-inolud-es-specifrcdlesign ions on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops,etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site.. Page 10 of 21 October 24,2006 • • 6. The concept plan must demonstrate that'development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.] [B.Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking,grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. City Recorder's note: On October 24, 2006, the following wording shown at this location in this document for Section 4 a., b., and c. was deleted by the Tigard City Council: required- . . Page 11 of 21 October 24, 2006 • • [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: I. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (I) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20.feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3)A minimum front yard setback of eight feet is required for any garage opening for • an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall speck the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes: 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter' 4?�0[18.350.070 Detailed Development Plan]Approval Criteria Page 12 of 21 October 24,2006 • • [A. Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings,proposed streets,parking lots, landscaping or other site improvements.] • . . . . . . . . • - . . . - . . .. . . .• . . . . . - 4. . !, . - ! . .. - - . . .- . • . .. - • - !- .. . ' - . . The Commission shall make findings that the criteria are not satisfied when denying an —4- [2.]All the provisions of the Iand division provisions, Chapters 18.410, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.] Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] section. In-each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] [a. Chapter 18.360,Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] Page 13 of 21 October 24, 2006 • S [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site(vehicles, bicycles,pedestrians,and transit).] -a [c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.) The Commission may further authorize a density bonus not to exceed 10%as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,] ° is allowed for the.provision of[active use recreational open space] , exclusive of areas contained in floodplain,[steep]slopes greater than 25 %, drainageways, or wetlands that would otherwise be precluded from development; (2)[Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox ."] • - .. .. ... °. .. . _ . ., -.. . . . . . . . - - ; - - - - - -•• . .,. . . • . °. • .. - . .... . .. .. .. : . . . es [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified] Page 14 of 21 October 24, 2006 • • [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking;or (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [f.] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs;and pond City Recorder's note: On October 24, 2006, Section (2) above was amended by the Tigard City Council to read as follows: (2) The exception is necessary for adequate visibility of the sign on the property;and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.] Chapter 18.795,Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met;] [h.] Chapter 18.810, Street and Utility Improvements,Sections 18.810.040,Blocks;and 18.810.060; Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by Page 15 of 21 October 24,2006 • . the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment) c. Chapter 18.795, Visual Clearance Areas;. d. Chapter 18.745, Landscaping and Screening; f. Chapter 18.705, Access, Egress and Circulation; and g. Chapter 18.780, Signs. [4.J In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible.[The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; (2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as demonstrated-by-t-he-inclusion-of a-spec-ijic-geotec-hnieal-evaluation;] - .. . . . . - . .. - . • - . .• _ . : , - - (4) [(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions,where possible;and - • I -- - - . b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2). In addition to the requirements of the buffer matrix(Table 18.745.1),[the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Page 16 of 21 October 24,2006 • • Chapter 18.745: (a)The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b)The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s)from which buffering is needed; (d)The required density of the buffering; and (e)Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas,parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a)What needs to be screened; (b)The direction from which it is needed;and (c)Whether the screening needs to be year-round. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d Exterior elevations — single-family attached and multiple family structures: Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area,of a minimum depth of eight feet; (2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3)—Offsets or breaks in roof elevations of three or more feet in height] 4.[e.]Private outdoor area[residential) use: (1) • •- - - - • • ' - '• . - • - ••• _ • - ,[Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area(patio, terrace,[or]porch) of not less than 48 square feet[with a minimum width dimension of four feet;] (2) Wherever possible,private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the,space. e.[f]Shared outdoor recreation areas—[residential] use: (I) •• • : :•..": - • • . . - [Exclusive of any other required open space facilities,]each multiple-dwelling-[residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit. Page 17 of 21 October 24, 2006 • • (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3)The required recreation space may be provided as follows: .I. • • ... _. • . . • - - •• [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center;or (d) A combination of the above.] City Recorder's note: On October 24, 2006, the following wording for a Section g, which was shown at this location in this document, was deleted by the Tigard City.Council: • • . • . .. • . . • •, . . • ... . . , .. • , . , . (b) A trellis or arbor (c) A change in elevation or grade; (c) Sign; or ([) Landscaping. [g.]Access and circulation: (1) The number of[required] allowed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency[and service]vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a Page 18 of 21 October 24, 2006 • • site]if such facilities are shown on an adopted plan[or terminate at the boundaries of the project site.] g.[h.]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,' -- . . . . ... . . . a .. : - . . . . . . . . - . -, a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation;] landscaped;; and [L]Public transit: (1)Provisions for public transit may be required where the site abuts for is within a '/ mile of]a public transit route. The required facilities shall be based on: (a)The location of other transit facilities in the area; and (b)The size and type of the proposed development. (2) The required facilities[may include but are not necessarily limited to]s limited to such facilities as: (a)A waiting shelter; (b)A turn-out area for loading and unloading; and (c)Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement] Signs: [1.1 Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. [k.JDrainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.] 18.775, and the criteria in the adopted 1981 Page 19 of 21 October 24, 2006 • • [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs.] 1.[z] Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require.consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. [m.J 18.350.110 Shared Open Space [Facilities: The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. • The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands,streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [n. Open Space Conveyance. Where a proposed park,playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use,provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods:] A. Requirements for shared often space. Where the open space is designated on the plan all Page 20 of 21 October 24, 2006 • • a-[(1)Public Ownership.] : •, . . . : - _ - .,, - .. open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development If deemed to be not acceptable, the open space shall be in private ownership as described below;) -l} [(2)Private Ownership.] By leasing-Or conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] (1) (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance; (3) (c) When appropriate,the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 October 24, 2006 • • S EXHIBIT (6 Ernie Platt DCA2006-00003 Home Builders Association of Metropolitan Portland PLANNED DEVELOPMENT CODE 15555 SW Bangy Road, Suite 301 AMENDMENT Lake Oswego, OR 97035 John Frewing 7110 SW Lola Lane "Notice of Final Order by the City Council" Tigard, OR 97223 Alice Ellis Gaut 10947 SW Chateau Ln. Tigard, OR 97224 Kasten Van Loo Alpha Community Development 9600 SW Oak Street, Suite 230 Portland, OR 97223 • S - - - • , COMMUNITY PUBLIC HEARING ITEM: S RSPADE The following will be considered` by the Tigard Planning, Commission on Monday February 5, 2007 at 7:00 PM.at the 6605 SE Lake Road, Portland,OR 97222• PO Tigard Civic Center - Town Hall, 13.125 SW Hall Blvd., Tigard, I Oregon. Box 22109• Portland, OR 97269 Public oral or written testimony is invited. The public hearing on l Phone: 503-684-0360 Fax: 503-620-3433 this matter will be held under Title 18 and rules of procedure Email: legals @commnewspapers.com adopted by the Council and available at'City Hall or the rules of , procedure set forth in Section 18.390.060E. The Planning , Commission's review is for the purpose of making a recommen- AFFIDAVIT OF PUBLICATION dation to the.City Council on the request. The Council will then State of Oregon, County of Washington, SS hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard I, Charlotte Allso being the first duly sworn, ' Planning Division (Staff contact: Cheryl Caines) at 13125 SW , P. 9 y Hall Blvd.,Tigard,-Oregon 97223,by calling 503-639-4171,or by depose and say that I am the Accounting email to cherylc(2itigard-or.gov. Manager of The Times(serving Tigard, , DEVELOPMENT CODE AMENDMENT (DCA)2006-00007 Tualatin & Sherwood), a newspaper of RESIDENTIAL ZONING DISTRICTS USE REGULA-' general circulation, published at Beaverton, in TIONS AMENDMENT the aforesaid county and state, as defined by REQUEST:. A ZONE ORDINANCE AMENDMENT '.TO ORS 193.010 and 193.020, that AMEND THE RESIDENTIAL ZONING DISTRICTS CHAPTER (18.510) OF THE TIGARD DEVELOPMENT City of Tigard CODE. THE PROPOSED AMENDMENT WOULD ALLOW ' ' Public Hearin -Residential Zoning ' SCHOOL BUS PARKING AS A RESTRICTED USE ON 9 9 SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES. THIS TT10902 USE IS RESTRICTED TO HIGH SCHOOL SITES ONLY AND CANNOT BE WITHIN 200 FEET OF A PROPERTY LINE a copy of which is hereto annexed, was , ABUTTING A RESIDENTIAL USE. LOCATION: CITYWIDE. . a published in the entire issue of said ! ZONE: ALL RESIDENTIAL ZONES. APPLICABLE REVIEW newspaper for , CRITERIA: COMMUNITY 'DEVELOPMENT CODE 1 CHAPTERS 18.380, 18.390, 18.510, AND 18.745; successive and consecutive weeks in the COMPREHENSIVE PLAN POLICIES 1, 2, 4, 6, 7, AND, 12; THE METRO URBAN GROWTH MANAGEMENT PLAN following issues ,, TITLES 1, 8, AND 12; METRO REGIONAL FRAMEWORK January 18, 2007 I PLAN POLICIES 1.14 AND 8.3; AND STATEWIDE I PLANNING GOALS 1, 2, 5, 6, 10, 1.1 AND 12. PUBLISH C/hC"( (°Ai f 1/18/2007 TT10902 . Charlotte Allsop (Accounting Man ger) January 8 2007 •• OFFICIAL SEAL y ROBIN A. BURGESS 10 tO ` "�' NOTARY PUBLIC-OREGON COMMISSION N0.390701 NOTARY PUBLIC FOR ORECJJ MY COMMISSION EXPIRES MAY 16,2009 My commission expires Acct#10093001 Patricia Lunsford/ATTN:A/P City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Size:2 x 5.25 Amount Due $87.67 *Remit to address above . • AFFIDAVIT OF MAILING ET! . Iil ARD I,Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,Washington County,Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF PUBLIC HEARING FOR DCA2006-00007/RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT (File No✓Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer E Tigard Planning Commission 2/5/2007 E Tigard City Council (3/13/2007) 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 January 12,2007,and deposited in the United States Mail on January 12,2007,postage prepaid. ,//i7 (Person i. ' -parlWrotice STATE OF OREGON County of Washington ss. City of Tigard Subscribed and swom/affirmed before me on the 3f St day of t —a.r ,200. • :,� OFFICIAL SEAL 4 DIANE M JELDERKS } /06,17P113 1 ,�` NOTARY PuBUC-0REa10N lJ (1 COMMISSION NO.373021 ( &AL �� MY COMMISSION EXPIRES SEPT.25,2007 NOTARY PUBLI • OREGON My Commission E .n-es: 9'o2510 7 EXHIBIT..... NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOURECEIVE THIS NOTICE, 1111 IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER i p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, FEBRUARY 5, 2007 AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, MARCH 13, 2007 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2006-00007 FILE TITLE: RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT APPLICANT: Tigard-Tualatin School District APPLICANT'S Parati 6960 SW Sandburg St. REPRESENTATIVE: Attn: Ed Murphy Tigard, OR 97223 20085 NW Tanasbourne Dr. Hillsboro, OR 97124 REQUEST: A Zone Ordinance Amendment to amend the Residential Zoning Districts Chapter (18.510) of the Tigard Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.510, and 18.745; Comprehensive Plan Policies 1, 2, 4, 6, 7, and 12; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 5, 6, 10, 11 and 12. THE PUBLIC HEARING ON THIS MA'IT ER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND 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. 2438 (VOICE) OR 503-684-2772 (11)D - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRIl'1EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRIT EN TESTIMONY ON THIS PROPOSED AC11ON 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 WRTF1EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE AC11ON ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPEC11ON 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 (250 PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER CHERYL GAINES AT 503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223) OR BY EMAIL TO cherylcatigard-or.gov 25111 DD-11700 . 2S114AB-09300 S EXH I B IT..1 ABELE GEORGE A& BEAUCHAMP RUTH J ABELE JANICE L 9292 SW MARTHA ST 2637 SW 45TH ST TIGARD,OR 97224 CORVALLIS, OR 97333 25111 DD-00700 2S111 DD-00400 ACKLEY ROY E& BIDDLE EDWARD H REV LIV TRUST RODACKER NANCY J BY MARJORIE J IRVINE& 16575 SW WOODCREST AVE LAURIE J BIDDLE TRS PORTLAND,OR 97224 2146 SUMMIT DR LAKE OSWEGO,OR 97034 2S111DD-06100 2S111DD-07400 ADAMS ALEC W&JULIE S BIRCHILL JAMES J&HEATHER A 15900 SW STRATFORD LOOP 15845 SW 88TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-10900 2S111DC-14400 AKAGI RANDOLPH S AND BLAKELY CATHY M& TOMIYE T BLAKELY CARLA J& 8650 SW STRATFORD CT BLAKELY EDGAR L TIGARD,OR 97224 9145 SW DURHAM RD TIGARD,OR 97224 2S111DC-14500 - 2S111DD-06000 ALDRIDGE RHEA L BLAKELY ROBERT C/REBECCA L 9125 SW DURHAM RD 11645 SW HAZELWOOD LP TIGARD,OR 97224 TIGARD,OR 97223 2S111DD-11600 2S114AD-03200 AVON LLC BLEVINS CATHERINE HARTZELL 4240 ALBERT CIR 8910 SW WAVERLY DR LAKE OSWEGO,OR 97035 TIGARD,OR 97224 2S114AB-02400 2S111DD-10500 AYERS RAY C&BRENDA M BOGGS ANDREW 9235 SW MILLEN DR 8570 SW STRATFORD CT TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-11600 2S112CC-18800 BALSILLIE DOUGALD H&LORAINE BOISE DEVIN L&RAINA L 15850 SW OAK MEADOW LN 15895 SW AVON PL TIGARD,OR 97224 TIGARD,OR 97224 25111 DC-07300 25111 DD-07700 BAUER ARLENE M TRUSTEE BOLIN JAMES A& 9400 SW BRENTWOOD PL JOHNSTON LEE ANN TIGARD,OR 97224 8539 SW AVON ST TIGARD,OR 97224 2S114AB-09500 2S114AB-11400 BAUER BRYCE&CINDIA MARTINEZ B BORDEN DEBORAH L 2006 AMENDED&RESTATED TRUST 16048 SW 93RD AVE PO BOX 460 TIGARD,OR 97224 FORESTVILLE,CA 95436 2S114AD-04000 i 2S114AD-03500 S BOROSUND JEFFREY STEVEN BURKE E DAVID&KERRI E 16633 SW 99TH PL 8986 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S114AD-02800 2S111DD-05500 BOUDREAU KATHERINE M BUSH DANNY M 16650 SW 89TH PL 15905 A SW STRATFORD LP TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-12000 2S114AB-02600 BRAUER ROBERTA LYNN BUTLER KAREN L 8550 SW AVON ST 9220 SW MILLEN DR TIGARD,OR 97224 TIGARD, OR 97224 2S111DC-11200 2S114AD-03800 BREEDING CHARLES GERALD& BUTLER MICHAEL S&SUSAN R MARGARET MARY TRUSTEES 16659 SW 90TH PL 15810 SW OAK MEADOW LN TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-11500 2S114AD-01200 BREUIER EDWARD W&JOANNE BUTLER THOMAS M&CANDACE R 8656 SW AVON ST 8899 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S114AB-00400 2S114A0-00600 BRITTON HARRIET A BUTTERFIELD PATRICK D&RONDA 262 ST THOMAS DR 9005 SW WAVERLY DR OAK PARK,CA 91377 TIGARD,OR 97224 2S111DC-12200 2S112CC-18400 BROWN C DAVID&PATRICIA CAIN BRIAN J& 15910 SW OAK MEADOW LN MELISSA A TIGARD,OR 97224 15975 SW AVON PL PORTLAND, OR 97224 2S111DD-08700 2S114AB-10300 BROWN DALE E&DENISE A CAMACHO TIBURCIO M & 15815 SW 87TH AVE CHAVEZ-SILVA MARIA E TIGARD,OR 97224 9237 SW MARTHA ST TIGARD,OR 97224 2S112CC-18900 2S114AB-02900 BUI BE& CAPPELLI CHERYL J LE PHUONG THUY 16405 SW 93RD 15885 SW AVON PL TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-11100 2S111DC-13100 BULLARD BRIAN& CARLSON EDWARD E&LORA HAZEL HADLEY ERIN MICHELLE 15925 SW OAK MEADOW LN 8690 SW STRATFORD CT TIGARD, OR 97224 TIGARD,OR 97224 2S112CC-16700 • 2S114AB-02800 S CARLSON GREG CLARK AMBER L&VINCE W 8415 SW COLTON LN 9260 SW MILLEN DR TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-11400 2S111DC-14800 CASEY THOMAS & CLAY ROBERT GORMAN KIMBERLY 15971 SW KREICK PL 8708 SW AVON ST TIGARD,OR 97224 TIGARD,OR 97224 2S114AB-08900 2S114AA-00500 CATANESE JOSEPH R - CLEAN WATER SERVICES 9275 SW MILLEN DR 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 • 25111 DD-09000 2S113130-00600 CAUGHELL R MICHAEL CLEAN WATER SERVICES 15877 SW 87TH AVE 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 2S111DC-14900 2S114AA-00600 CELORIE C JEANNE CLEAN WATER SERVICES 15937 SW KREICK PL 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 2S112CC-18000 2S114AD-00100 CHANK LAWRENCE M CLEAN WATER SERVICES 44919 GOLF CENTER PKWY#7 2550 SW HILLSBORO HWY INDIO,CA 92201 HILLSBORO,OR 97123 2S111DC-13000 2S114AA-00400 CHRISTENSEN LELA R CLEAN WATER SERVICES 15935 SW OAK MEADOW LN 2550 SW HILLSBORO HWY TIGARD,OR 97223 HILLSBORO,OR 97123 2S112CC-17900 2S114AD-00200 CHRISTMAS JAMES FRANKLIN CLEAN WATER SERVICES 8387 SW DURHAM LN 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 2S112CC-17100 2S114AD-02400 CHU JESSIE L COLLIGAN PAUL W&HEIDI L 8392 SW COLTON LN 8820 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-14700 2S111DD-10800 CICERONE PAUL M COMSTOCK LUWANNA F 15993 SW KREICK PL 8630 SW STRATFORD CT TIGARD,OR 97224 TIGARD, OR 97224 2S111 DC-13400 • 2S111 DD-09600 S COOPER ROBERT M DIGGS DONALD W AND 15885 SW OAKMEADOW LN DIANNE E TIGARD,OR 97224 8715 SW STRATFORD CT TIGARD,OR 97224 2S114AB-00200 2S111DC-01100 CORPORATION OF THE DOMRES ROBERT H&LUCILLE C PRESIDING BISHOP/CHURCH OF 15860 SW ALDERBROOK CIRCLE JESUS CHRIST OF L D 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KENNETH B&PAMELA J BY NOR- S - 16000 SW 93RD AVE 520 SW. A - 00 TIGARD,OR 97224 P.• 'ND, OR 97204 2S111 DC-12700 • 2S111 DD-09500 • STONEKING RAYMOND D AND TULLY SARA 1995 REV TRUST GERALDINE J 15975 SW 87TH AVE 1040 CEDAR ST TIGARD,OR 97224 LAKE OSWEGO,OR 97034 25111 DD-05600 25111 DC-01300 STRATFORD LOOP LLC TURNER THOMAS G&ROSE M BY JASON R&TAMMY L DOWD 15900 SW ALDERBROOK CIRCLE 15486 SW 144TH TER TIGARD,OR 97224 TIGARD,OR 97224 2S114AC-00900 2S111 DD-10200 SULLIVAN HELEN M&ROBERT W URTON DARLA R 9079 SW WAVERLY DR 8585 SW STRATFORD CT TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-05100 2S111 DD-08000 T&D PROPERTIES LLC VANDERBILT AARON B 16200 SW PACIFIC HWY STE H-104 8617 SW AVON ST TIGARD, OR 97224 TIGARD,OR 97224 25111 DD-08300 2S111 DC-01400 THOMPSON JUDITH C VANDERPOOL JERRY E&JANET F 8657 SW AVON ST 15920 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 2S114AB-15200 2S111 DD-09900 •R' + s VASQUEZ LUKE WILLIAM& 13125 -' HALL BL'• VASQUEZ TIFFANY ANN TI- •RD,OR 97223 8655 SW STRATFORD CT TIGARD,OR 97224 2S114A0-01500 2S112CC-16800 - •-• . • •- VEAL AARON J&STEPHANIE K 13125 S -ALL : = 8395 SW COLTON LN -T -•-D,OR 97223 TIGARD,OR 97224 2S112CC-01100 2S114AB-09900 TIGARD FRIENDS CHURCH VELARDI JEANNETTE 7130 SW BEVELAND 9232 SW MARTHA ST TIGARD,OR 97223 TIGARD,OR 97224 2S114AA-00100 2S114AD-00700 TIGARD-TUALATIN SCHOOL VICTOR DAVID J&MICHELLE H DISTRICT#23J 8981 SW WAVERLY 6960 SW SANDBURG ST TIGARD,OR 97224 TIGARD,OR 97223 2S112CC-18100 2S114AB-10100 TOTONCHY NORA R VILLASECA FRAGEDIS GARCIA&BAN 8394 SW DURHAM LN ROMERO JUAN ZOTO TIGARD,OR 97224 PEREZ ISAIAS GARCIA 9217 SW MARTHA ST TIGARD, OR 97224 2S114A0-03700 • 2S114AB-15400 • WALKER JOHN D&DEBBIE D WHITNEY ERIK&ALAN 16670 SW 90TH PL 9300 SW DURHAM RD TIGARD,OR 97224 TIGARD,OR 97224 2S114AC-01300 2S111 DD-06500 WALKER MARK&LISA WIEBE SUE ELLEN 9174 SW WAVERLY DR 15800 SW STRATFORD LP TIGARD,OR 97224 TIGARD,OR 97224 25111 DC-13500 25111 DD-05900 WALSH HARRY G&KATERYNA WIGHT JOHN M 15875 SW OAK MEADOW LN 15920 SW STRATFORD LP TIGARD,OR 97224 TIGARD,OR 97224 2S112CC-19000 2S114AD-00400 WARREN BRENT L WILLIAMS MICHAEL A&HIROMI T 15875 SW AVON PL 9047 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S114AD-04700 25111 DC-12800 WA '- ONST; ON WILSON RUTH ANN , 0 15955 SW OAK MEADOW LN TIGARD,OR 97224 2S114A0-04600 2S111DD-07000 WA ESTATES 0 A ' OF WISNIEWSKI STEPHAN G&KIM M LOTS 17-2 15775 SWW 88TH AVE •. TIGARD,OR 97224 2S114AD-04400 2S112CC-17500 W' - -- -• • •. • ` OF WITT BARRY R&ANKE M LOTS 35-40 15920 SW AVON PL , • TIGARD, OR 97224 2S114AD-04500 2S111 DD-06300 WAVE ES OWNER OF WOODALL TODD LO -31 13702 SE 145TH AVE , 0 CLACKAMAS,OR 97015 2S111 DD-09200 2S111 DD-10600 WEISS PATRICIA I WYSS SCOTT C AND PAMELA J 15915 SW 87TH AVE 8590 SW STRATFORD CT PORTLAND, OR 97224 TIGARD,OR 97224 2S111DC-12000 2S114AD-01700 WHITEHEAD GLENN M YEFREMOV VALENTIN I/NATALYA& 15890 SW OAK MEADOW LN YEFEMOVA IRINA V TIGARD,OR 97224 8801 SW WAVERLY DR TIGARD,OR 97224 2S114AD-02100 • • ZOUCHA MICHAEL S 16676 SW 88TH PL TIGARD,OR 97224 2S114AC-01000 ZWICK CHARLES JASON& HOLDEN KISA 9080 SW WAVERLY DR TIGARD,OR 97224 . 4. • Josh Thomas 10395 SW Bonanza Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 • • Parati DCA2006-00007 Attn: Ed Murphy RESIDENTIAL ZONING DISTRICTS USE 20085 NW Tanasbourne Dr. REGULATIONS AMENDMENT Hillsboro,OR 97124 Tigard-Tualatin School District 6960 SW Sandburg St. Tigard, OR 97223 r • • M 1 Notice of Proposed Amendment THIS FORM MUST BE RECEIVED BY DLCD 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING For DLCD Use Only PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 AND SENATE BILL 543, _ . - EFFECTIVE JUNE 30, 1999 Jurisdiction: City of Tigard Local file number: DCA2006-00007 Date First Evidentiary hearing: February 5, 2007 Date of Final Hearing: March 13, 2007 Date this Notice of Proposed Amendment was mailed to DLCD: December 18,2006 (49 days prior) Is this a REVISED Proposal previously submitted to DLCD? EYES NO Date Submitted:N/A ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached". (limit of 500 characters) An amendment to the residential zoning districts chapter (18.510) of the City of Tigard Community Development Code. The proposed amendment would allow school bus parking as a restricted use on school sites within all residential zones. This use is restricted to high school sites only and cannot be within 200 feet of a property line abutting a residential use. Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 2, 5, 6, 10, 11 and 12. Is an Exception Proposed? ❑ YES ® NO Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Cheryl Caines Phone: (503) 718.2437 Extension: Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip: 97223 Fax Number: 503-624-3681 Email Address: Cher_y1cAtigard-or.gov DLCD File No.: SMITTAL REQUIREMITS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610, OAR Chapter 660 - Division 18 and Senate Bill 543 effective on June 30, 1999. 1. This form must be submitted by local jurisdictions only. 2. When submitting, please print this form on green paper. 3. Send this Form and TWO (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use &Planning 600 NE Grand Avenue Portland,OR 97232-2736 ODOT—Region 1,District 2-A Sam Hunaidi,Assistant District Manager 6000 SW Raab Road Portland,OR 97221 4. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) days before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 5. 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. 6. 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 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. Text of background and/or reason for change request should be included. 7. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 8. Need More Copies? You can copy this form on 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 mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. • a • DCA2006-00007 RESIDENTIAL ZONING DISTRICTS USE REGULATIONS AMENDMENT December, 2006 Explanation of Formatting These text amendments employ the following formatting: Strikethrough - Text to be deleted [Bold, Underline and Italic] — Text to be added TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R1/C R'/C R'/C R'/C R'/C R1/C R'/C Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units, Attached N N N R8 R9/C P P P Single Units, Detached P P P PP P PP Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P PP P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC (INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C CC C N N Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services CC C C C N N N Medical Centers N N C C C C CC Postal Service N N N N N N N N Public Support Facilities P P P PP P P P Religious Institutions C 12 C 12 C 12 C �2 C 12 C �z C 12 C 12 Schools C/R C/R C/R C/R C/R C/R C/R C/R_ Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R11 - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" -Bulk Sales N N N N N N N N -Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N 18.510-3 g. ,, • TABLE 18.5110.1 (CON'T) • USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Motor Vehicle Related - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N co C'0 co INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 3Permitted subject to compliance with requirements in 18.710. 4Except water and storm and sanitary sewers, which are allowed by right. 51n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 18.510-4 7See Cha ter 18.798, Wirelesslmmunication Facilities, for re uiremes for permitted and restricted p q p facilities. 8Attached single-family units permitted only as part of an approved planned development. 9Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 100n1y park-and-ride and other transit-related facilities permitted conditionally. 11Limited to ground-floor level of multi-family projects, not to exceed 10%of total gross square feet of the building. 12School bus parking is permitted at public high school sites as a restricted use; it must be located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.71 5020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.5 10.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.2. 18.510.050 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 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. 18.510-5 5 U.S. Postal ServiceTM o CERTIFIED MAIL RECEIPT a (Domestic Mail Only;No Insurance Coverage Provided) Lrl For delivery information visit our website at www.usps.coma rU FI L _ u, r r.131111N11 . Postage Certified Fee 4 CI ark1 Return Receipt Fee v ere (Endorsement Required) • O ✓At, p O Restricted Delivery Fee ;..,TD (Endorsement Required) -lisp—��7d cs CI Total Postage&Fees o .� Sent�o ID 1 ATTN: PLAN AMENDMENT SPECIALIST___. r`- Street,Apt.No.; { Oregon Dept.of Land Conservation&Dev. . or P0 Box No. 635 Capital Street NE,Suite 150 City,State,ZIP+4 Salem,OR 97301-2540 PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signat = / item 4 if Restricted Delivery is desired. ,94 / 4 Agent • Print your name and address on the reverse /�� I _ . /1./4 Addressee so that we can return the card to you. eived by(Printed Name) C. Date of gelivery • Attach this card to the back of the mailpiece, Z/q or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to:— — — If YES,enter delivery address below: ❑ No r ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept.of Land Conservation&Dev. 635 Capital Street NE,Suite 150 3. Ice Type i Salem,OR 97301-2540 Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. ; 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. 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2S114AD-03200 AVON LLC BLEVINS CATHERINE HARTZELL 4240 ALBERT CIR 8910 SW WAVERLY DR LAKE OSWEGO,OR 97035 TIGARD,OR 97224 2S114A6-02400 25111 DD-10500 AYERS RAY C&BRENDA M BOGGS ANDREW 9235 SW MILLEN DR 8570 SW STRATFORD CT TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-11600 2S112CC-18800 BALSILLIE DOUGALD H&LORAINE BOISE DEVIN L&RAINA L 15850 SW OAK MEADOW LN 15895 SW AVON PL TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-07300 2S11100-07700 BAUER ARLENE M TRUSTEE BOLIN JAMES A& 9400 SW BRENTWOOD PL JOHNSTON LEE ANN TIGARD,OR 97224 8539 SW AVON ST TIGARD,OR 97224 2S114AB-09500 2S114AB-11400 BAUER BRYCE&CINDIA MARTINEZ B BORDEN DEBORAH L 2006 AMENDED&RESTATED TRUST 16048 SW 93RD AVE PO BOX 460 TIGARD,OR 97224 FORESTVILLE,CA 95436 2S114AD-04000 • 2S114AD-03500 BOROSUND JEFFREY STEVEN BURKE E DAVID&KERRI E 16633 SW 99TH PL 8986 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S114AD-02800 - 2S111 DD-05500 BOUDREAU KATHERINE M BUSH DANNY M 16650 SW 89TH PL 15905 A SW STRATFORD LP TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-12000 2S114AB-02600 BRAUER ROBERTA LYNN BUTLER KAREN L 8550 SW AVON ST 9220 SW MILLEN DR TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-11200 2S114AD-03800 BREEDING CHARLES GERALD& BUTLER MICHAEL S&SUSAN R MARGARET MARY TRUSTEES 16659 SW 90TH PL 15810 SW OAK MEADOW LN TIGARD,OR 97224 TIGARD,OR 97224 25111 DD-11500 2S114AD-01200 BREUIER EDWARD W&JOANNE BUTLER THOMAS M&CANDACE R 8656 SW AVON ST 8899 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S114AB-00400 2S114AD-00600 BRITTON HARRIET A BUTTERFIELD PATRICK D&RONDA 262 ST THOMAS DR 9005 SW WAVERLY DR OAK PARK,CA 91377 TIGARD,OR 97224 2S111DC-12200 2S112CC-18400 BROWN C DAVID&PATRICIA CAIN BRIAN J& 15910 SW OAK MEADOW LN MELISSA A TIGARD, OR 97224 15975 SW AVON PL PORTLAND,OR 97224 25111 DD-08700 2S114AB-10300 BROWN DALE E&DENISE A CAMACHO TIBURCIO M& 15815 SW 87TH AVE CHAVEZ-SILVA MARIA E TIGARD, OR 97224 9237 SW MARTHA ST TIGARD,OR 97224 2S112CC-18900 2S114AB-02900 BUI BE& CAPPELLI CHERYL J LE PHUONG THUY 16405 SW 93RD 15885 SW AVON PL TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-11100 2S111 DC-13100 BULLARD BRIAN& CARLSON EDWARD E&LORA HAZEL HADLEY ERIN MICHELLE 15925 SW OAK MEADOW LN 8690 SW STRATFORD CT TIGARD,OR 97224 TIGARD,OR 97224 2S112CC-16700 • 2S114AB-02800 • CARLSON GREG CLARK AMBER L&VINCE W 8415 SW COLTON LN 9260 SW MILLEN DR TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-11400 2S111DC-14800 CASEY THOMAS& CLAY ROBERT GORMAN KIMBERLY 15971 SW KREICK PL 8708 SW AVON ST TIGARD,OR 97224 TIGARD,OR 97224 2S114AB-08900 2S114AA-00500 CATANESE JOSEPH R CLEAN WATER SERVICES 9275 SW MILLEN DR 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 2S1 11 DD-09000 25113 B0-00600 CAUGHELL R MICHAEL CLEAN WATER SERVICES 15877 SW 87TH AVE 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO, OR 97123 2S111DC-14900 2S114AA-00600 CELORIE C JEANNE CLEAN WATER SERVICES 15937 SW KREICK PL 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 2S112CC-18000 2S114AD-00100 CHANK LAWRENCE M CLEAN WATER SERVICES 44919 GOLF CENTER PKWY#7 2550 SW HILLSBORO HWY INDIO,CA 92201 HILLSBORO,OR 97123 2S111DC-13000 2S114AA-00400 CHRISTENSEN LELA R CLEAN WATER SERVICES 15935 SW OAK MEADOW LN 2550 SW HILLSBORO HWY TIGARD,OR 97223 HILLSBORO,OR 97123 2S112CC-17900 2S114A0-00200 CHRISTMAS JAMES FRANKLIN CLEAN WATER SERVICES 8387 SW DURHAM LN 2550 SW HILLSBORO HWY TIGARD, OR 97224 HILLSBORO,OR 97123 2S112CC-17100 2S114AD-02400 CHU JESSIE L COLLIGAN PAUL W&HEIDI L 8392 SW COLTON LN 8820 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2 2S111DC-14700 S111 DD-10800 CICERONE PAUL M COMSTOCK LUWANNA F 15993 SW KREICK PL 8630 SW STRATFORD CT TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-13400 • 2S111DD-09600 • COOPER ROBERT M DIGGS DONALD W AND 15885 SW OAKMEADOW LN DIANNE E TIGARD, OR 97224 8715 SW STRATFORD CT TIGARD,OR 97224 2S114AB-00200 2S111DC-01100 CORPORATION OF THE DOMRES ROBERT H&LUCILLE C PRESIDING BISHOP/CHURCH OF 15860 SW ALDERBROOK CIRCLE JESUS CHRIST OF L D S TIGARD,OR 97224 50 E NORTH TEMPLE 22ND FL SALT LAKE 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16000 SW 93RD AVE 520 SW. A - _00 TIGARD,OR 97224 P. •ND,OR 97204 2S111DC-12700 • 2S111DD-09500 • STONEKING RAYMOND D AND TULLY SARA 1995 REV TRUST GERALDINE J 15975 SW 87TH AVE 1040 CEDAR ST TIGARD, OR 97224 LAKE OSWEGO,OR 97034 2S11100-05600 2S111DC-01300 STRATFORD LOOP LLC TURNER THOMAS G&ROSE M BY JASON R&TAMMY L DOWD 15900 SW ALDERBROOK CIRCLE 15486 SW 144TH TER TIGARD,OR 97224 TIGARD,OR 97224 2S114AC-00900 25111 DD-10200 SULLIVAN HELEN M&ROBERT W URTON DARLA R 9079 SW WAVERLY DR 8585 SW STRATFORD CT TIGARD,OR 97224 TIGARD,OR 97224 25111 DD-05100 25111 DD-08000 T&D PROPERTIES LLC VANDERBILT AARON B 16200 SW PACIFIC HWY STE H-104 8617 SW AVON ST TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-08300 2S111 DC-01400 THOMPSON JUDITH C VANDERPOOL JERRY E&JANET F 8657 SW AVON ST 15920 SW ALDERBROOK CIR TIGARD, OR 97224 TIGARD,OR 97224 2S114AB-15200 25111 DD-09900 •RD s- VASQUEZ LUKE WILLIAM& 13125 -' HALL BL'r VASQUEZ TIFFANY ANN TI RD,OR 97223 8655 SW STRATFORD CT TIGARD,OR 97224 2S114A0-01500 2S112CC-16800 •'r . I - VEAL AARON J&STEPHANIE K 13125 S • ALL : 8395 SW COLTON LN -T -•-D, OR 97223 TIGARD,OR 97224 2S112CC-01100 2S114AB-09900 TIGARD FRIENDS CHURCH VELARDI JEANNETTE 7130 SW BEVELAND 9232 SW MARTHA ST TIGARD, OR 97223 TIGARD,OR 97224 2S114AA-00100 2S114A0-00700 TIGARD-TUALATIN SCHOOL VICTOR DAVID J &MICHELLE H DISTRICT#23J 8981 SW WAVERLY 6960 SW SANDBURG ST TIGARD,OR 97224 TIGARD,OR 97223 2S112CC-18100 2S114AB-10100 TOTONCHY NORA R VILLASECA FRAGEDIS GARCIA&BAN 8394 SW DURHAM LN ROMERO JUAN ZOTO TIGARD,OR 97224 PEREZ ISAIAS GARCIA 9217 SW MARTHA ST TIGARD,OR 97224 • 2S114AD-03700 • 2S114AB-15400 • WALKER JOHN D&DEBBIE D WHITNEY ERIK&ALAN 16670 SW 90TH PL 9300 SW DURHAM RD TIGARD, OR 97224 TIGARD,OR 97224 2S114AC-01300 2S111DD-06500 WALKER MARK&LISA WIEBE SUE ELLEN 9174 SW WAVERLY DR 15800 SW STRATFORD LP TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-13500 2S111DD-05900 WALSH HARRY G&KATERYNA WIGHT JOHN M 15875 SW OAK MEADOW LN 15920 SW STRATFORD LP TIGARD, OR 97224 TIGARD,OR 97224 2S112CC-19000 2S114AD-00400 WARREN BRENT L WILLIAMS MICHAEL A&HIROMI T 15875 SW AVON PL 9047 SW WAVERLY DR TIGARD, OR 97224 TIGARD,OR 97224 2S114AD-04700 2S111DC-12800 WA -' ONST: ON WILSON RUTH ANN , 0 15955 SW OAK MEADOW LN TIGARD,OR 97224 2S114AD-04600 2S111 DD-07000 WA ESTATES 0 A ' OF WISNIEWSKI STEPHAN G&KIM M LOTS 17-2 15775 SWW 88TH AVE , • TIGARD,OR 97224 2S114AD-04400 2S112CC-17500 W - -- - • OF WITT BARRY R&ANKE M LOTS 35-40 15920 SW AVON PL , I TIGARD,OR 97224 2S114AD-04500 2S111 DD-06300 WAVE ES OWNER OF WOODALL TODD LO -31 13702 SE 145TH AVE , 0 CLACKAMAS,OR 97015 2S11100-09200 2S111DD-10600 WEISS PATRICIA I WYSS SCOTT C AND PAMELA J 15915 SW 87TH AVE 8590 SW STRATFORD CT PORTLAND,OR 97224 TIGARD,OR 97224 2S111DC-12000 2S114AD-01700 WHITEHEAD GLENN M YEFREMOV VALENTIN I/NATALYA& 15890 SW OAK MEADOW LN YEFEMOVA IRINA V TIGARD, OR 97224 8801 SW WAVERLY DR TIGARD,OR 97224 2S114AD-02100 • • ZOUCHA MICHAEL S 16676 SW 88TH PL TIGARD, OR 97224 2S114AC-01000 ZWICK CHARLES JASON& HOLDEN KISA 9080 SW WAVERLY DR TIGARD,OR 97224 • • Josh Thomas 10395 SW Bonanza Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 DEC-01.-06 11 :43AM FROM-LDC DESIGN GROUP +15036455500 T-996 P.01/01 F-950 • I . CITY OF TIGARD c I COMMUNITY DEVELOPMENT DEPARTMENT l '" PLANNING DIVISION ' ' I ` 13125 SW HALL BOULEVARD , { ill?�' TIGARD, OREGON 97223 lJ j? PHONE; 503-639-4171 FAX 503-624-3681 (Attn: Patty/Planning) EMAIL, att ti and-Qr, ov_ iri°'���� ( tty g) P X� 3 1;- RE- UIi_FR 5 PROPERTY @NER A 1 Property 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: 2.5[l c)o (o o 1 (I006 Sw 6 w-kg K Rood PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter-rate Jpostage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose oi providing notice to property owners of the proposed land use application and the de isi n. The 2 sets at envelopes thpes must st a kept separate. The person listed below will be called to pick up pay Y ready. OF CONTACT PERSON: N Murp y PHONE: 5-03- 35z- 1(54 FAX: Sa3 ^ 05 - S5oq EMAIL: AA ur p1.y e . paro coii+tpipiy, This request may be mailed, axe or and 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 that will be placed in "Will Calf' 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 •Tint one set of labels b the number of sets requested. EXAMPLE `COST FOR THIS REQUEST ** 4 sheets of labels x$2/sheet= A.00,x 2 sets= $16,00 sheet(s)of labels x$2/sheet=$30.x 1 sets= 3L),00 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 sheet(s)of labels x$2/sheet for interested parties=$_ZAb x 1 sets= 2.Ao GENERATE LIST = $11.00 GENERATE LIST = 5 11 00 TOTAL = $31.00 TOTAL = $43.00 60p