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Ordinance No. 02-12 Attachment 2 CITY OF TIGARD, OREGON ORDINANCE NO. 02- I.a (Revised) AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN AND DEVELOPMENT CODE CHANGES FOR THE WASHINGTON SQUARE REGIONAL CENTER (CPA2001- 00002/ZOA2001-00002). WHEREAS, The City Council adopted the Washington Square Regional Center Plan, Zone change, Comprehensive Plan text changes and Development Code text changes in March, 2000 but delayed implementation until recommendations on several areas of concerns could be developed; and WHEREAS, The Washington Square Regional Center Implementation Task Force has met to discuss the recommendations and has prepared a report which includes conclusions and recommendations for the successful implementation of the Washington Square Regional Center Plan and amendments; and WIIEREAS, the Task Force recommended several changes to the Development Code and Comprehensive Plan text that was previously adopted; and WHEREAS, Staff has prepared findings which show that the piupvscd a►nendincnts to the Development Code and Comprehensive Plan comply with Community Development Code Section, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 3.4.2.1), 8.1.1, and 8.2.1; Statewide Planning Goals 1., 2, 5, and 12; Metro Functional Plan Titles 1, 3,4, and 7 and the Regional Transportation Plan; and WHEREAS, the Planning Commission.held a public hearing,which was noticed in accordance with the City standards, on December 3, 2001 and voted to recommend approval of the requested amendments to the City Council; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards, on January 22, 2002, and continued to February 26, 2002, and voted to approve the proposed amendments. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The adopted Comprehensive Plan text amendment and Development Code text amendments, are shown in Exhibits A and B. SECTION 2: The requested amendments are approved based on the analysis and findings in the staff report(Exhibit C) and supplemental findings(Exhibit D). SECTION 3: The approved amendments shall be effective on the date that the Washington Square Regional Center Plan and associated amendments become effective, but no less than 30 days after its passage by the City Council. ORDINANCE NO. 02- I Page 1 of 2 ATTACHMENT 2 PASSED: By 1 ti vote of all Council members present after being read by number and. title only,thi��'tay of t z0•v� 2002. Catherine Wheatley,CityPlecorder APPROVED: By Tigard City Council this `day ofd"'LCU- - 2002. jamesiE. Grifit 'M Ap roved as to form: ty Attorney Date ORDINANCE NO. 02- is\Irpin\julia\cpa\washin/washington square adoption ORD.doc Page 2 of 2 02/13/02/4:20 PM Exhibit A WASHINGTON SQUARE REGIONAL CENTER Proposed Text Amendments to the Tigard Development Code Amendments to the following sections of the development code are necessary in order to implement the Washington Square Regional Center Plan: 18.360 — Site Development Review 18.370 —Variances and Adjustments 18.520 — Commercial Zoning Districts 18.630 —Washington Square Regional Center 18.760 — Non-Conforming Situations Following is the proposed text which reflects a combination of changes. When the Washington Square Regional Center Plan was adopted, a new code section, 18.630 was adopted at that time as well but not implemented and incorporated into the development code since the implementation of the Plan was delayed. Since that time, changes were made to the code and staff identified the need for formatting and clerical changes to allow the adopted language to better fit into the existing development code. In addition, the Washington Square Regional Center Implementation Plan Task Force identified the need for additional code amendments. In order to visualize the impetus behind each change, staff has identified each change as follows: Previously adopted Washington Square standards that have been re-formatted to fit into the existing development code is highlighted (No changes to the content, just moved around within the development code). Text that has been added to cross-reference with the WSRC standards, to clarify existing adopted standards or to fix clerical errors is double underlined. (New text but no major content changes, just added language to clarify the original intent and to cross reference for easier usage of the code). Task Force recommended changes to previously adopted Washington Square text is bold and italicized(New text and content that was not previously provided for). WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE I Exhibit A 18.360 SITE DEVELOPMENT REVIVEW 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.030A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. B. Minor modifications. Minor modifications of an approved plan or existing developments, as defined in Section 18.360.060, shall be processed as a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.360.060. C. Approval period. Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan. D. 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 are made on the original site development review plan as approved by the Director; 2. The applicant can show intent of initiating construction on the site 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. E. Phased development. 1. The Director shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review. 2. The criteria for approving a phased site development review proposal is that all of the following are satisfied: a. The public facilities are constructed in conjunction with or prior to each phase; b. The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard; c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and d. The Director's decision may be appealed as provided by Subsection 18.390.040.6. No notice need WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 2 Exhibit A be given of the Director's decision. 3. The Director may waive or modify the aooroval period for oroiects within the Washington Square Regional Center in accordance with 18.630.020.0. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 3 Exhibit A Chapter 18.370 VARIANCES AND ADJUSTMENTS Sections: 18.370.010 Variances 18.370.020 Adjustments 18.370.010 Variances A. Purpose. The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. B. Applicability of provisions. 1. The variance standards are intended to apply to individual platted and recorded lots only. 2. An applicant who is proposing to vary a specification standard for lots yet to be created through a subdivision process may not utilize the variance procedure unless otherwise specified in Section 18.730.030, Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions. C. Approval process and standards. 1. Variances shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using standards of approval contained in Subsection 2 below. 2. The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. 3. The Director shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in Section 18.160.120. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 4 Exhibit A 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.0100. B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection B2 below: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired affect; b. The adjustment will result in the preservation of trees, if trees are present in the development area; c. The adjustment will not impede adequate emergency access to the site; d. There is not a reasonable alternative to the adjustment which achieves the desired affect. C. Special adjustments. 1. Adjustments to development standards within subdivisions (Chapter 18.430). The Director shall consider the application for adjustment at the same time he/she considers the preliminary plat. An adjustment may be approved, approved with conditions, or denied provided the Director finds: a. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; b. The adjustment is necessary for the proper design or function of the subdivision; c. The granting of the adjustment will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property; and WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 5 Exhibit A d. The adjustment is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. 2. Adjustment to minimum residential density requirements (Chapter 18.510). The Director is authorized to grant an adjustment to the minimum residential density requirements in 18.510.040, by means of a Type I procedure, as governed by 18.390.030 as follows: a. For development on an infill site as follows: (1) In the R-25 zone, sites of .75 acre or smaller. (2) In the R-40 zone, sites of .75 acre or smaller. b. For development on sites larger than those contained in 1 above, if the applicant can demonstrate by means of detailed site plan that the site is so constrained that the proportional share of the required minimum density cannot be provided and still meet all of the development standards in the underlying zone. c. To be granted an adjustment in either Subsections a or b above, the applicant must demonstrate that the maximum number of residential units are being provided while complying with all applicable development standards in the underlying zone. There is nothing in this section which precludes an applicant for applying to a variance to these standards, as governed by Section 18.370.010. 3. For adjustments to density requirements in the Washington Square Regional Center, the standards o 18.630.020.E cooly. 4. For Modifications to dimensional and minimum density requirements for developments within the Washington Square Regional Center that include or abut designated Water Resource overlay areas. the standards of 18.630.020.E apply. 5. Adjustment to access and egress standards (Chapter 18.705). a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below. b. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: (1) It is not possible to share access; (2) There are no other alternative access points on the street in question or from another street; (3) The access separation requirements cannot be met; (4) The request is the minimum adjustment required to provide adequate access; (5) The approved access or access approved with conditions will result in a safe access; and (6) The visual clearance requirements of Chapter 18.795 will be met. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 6 Exhibit A 6. Adjustments to landscaping requirements (Chapter 18.745) a. Adjustment to use of existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss, unless the following can be demonstrated: (1) The ground within the drip-line is altered merely for drainage purposes; and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. b. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; (2) If the tree would cause visual clearance problems; or (3) If there is not adequate space in which to plant street trees. 7. Adjustments to parking standards (Chapter 18.765). a. Reduction from minimum parking requirements. By means of a Type 11 procedure, as governed by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: (1) Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE)vehicle trip generation rates and minimum city parking requirements, and (2) A reduction in parking will not have an adverse impact on adjacent uses. b. Reductions in minimum parking requirements in new developments for transit improvements. The Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070H by means of a Type II procedure, as governed by Section 18.390.040, when the applicant: (1) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit-related development; and (2) Documents operational characteristics indicating the number of transit users, or number of non-auto users for a particular facility. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 7 Exhibit A c. Reductions in minimum parking requirements in existing developments for transit improvements. The Director may authorize up to a 10% reduction in the total minimum vehicle parking spaces required in Section 18.765.070H at a conversion ratio of one space per 100 square feet of transit facility by means of a Type I procedure as governed by Section 18.390.030, when the applicant: (1) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters, transit- oriented developments and other transit-related development; and (2) Meets the following requirements: (a) A transit facility must be located adjacent to a street with transit service. The facility should be located between the building and front property line, within 20 feet of an existing transit stop, or the facility may include a new transit stop if approved by Tri-Met. (b) A transit facility shall include a covered waiting or sitting area. d. Increases in the maximum parking requirements. The Director may approve off-street parking in excess of the maximum allowed parking spaces in Section 18.765.070G by means of a Type II procedure, as governed by Section 18.390.040, when the applicant can demonstrate that all of the following criteria are met: (1) The individual characteristics of the use at that location requires more parking than is generally required for a use of this type and intensity; (2) The need for additional parking cannot be reasonably met through provision of on-street parking or shared parking with adjacent or nearby uses; and (3) The site plan shall indicate how the additional parking can be redeveloped to more intensive transit-supportive use in the future. e. Reduction in required bicycle parking. The Director may approve a reduction of required bicycle parking per Section 18.765.050E by means of Type II procedure, as governed by Section 18.390.040, if the applicant can demonstrate that the proposed use by its nature would be reasonably anticipated to generate a lesser need for bicycle parking. f. Use of alternative parking garage layout. By means of a Type II procedure, as governed by Section 18.390.040, the Director may approve an alternative design of parking garage which differs from the dimensional standards contained in Figure 18.765.2 when it can be shown that 1) the proposed structure meets design guidelines of the Urban Land Institute's (ULI) Dimension of Parking, Current Edition (199X); or 2) a similar structure functions efficiently using proposed modified layout, circulation and dimensions. g. Reduction in length of stacking lane. By means of a Type I procedure, as governed by 18.390.030, the Director may allow a reduction in the amount of vehicle stacking area required in 18.765.040 D2 if such a reduction is deemed appropriate after analysis of the size and location of the development, limited services available and other pertinent factors. 8. Adjustments to sign code (Chapter 18.780). a. By means of a Type II procedure, as governed by 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the sign code based on findings that at least one of the following criteria are satisfied: WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 8 Exhibit A (1) The proposed adjustment to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Chapter 18.780, Signs; (2) A second freestanding sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage; (3) Up to an additional 25% of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of Chapter 18.780, Signs. This increase should be judged according to specific needs and circumstances which necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter; (4) The proposed sign is consistent with the criteria set forth in Subsection 18.780.130 G; (5) The proposed exception for a second freestanding sign on an interior lot which is zoned commercial or industrial is appropriate because all of the following apply: (a) The combined height of both signs shall not exceed 150% of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; (b) Neither sign will pose a vision clearance problem or will project into the public right-of-way; and (c) Total combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district. b. In addition to the criteria in Subsection a above, the Director shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of Chapter 18.780, Signs. As a condition of approval of the adjustment, the Director may require: (1) Removal or alteration of nonconforming signs to achieve compliance with the standards contained in Chapter 18.780, Signs; (2) Removal or alteration of conforming signs to establish a consistent sign design throughout the development; and (3) Application for sign permits for signs erected without permits or removal of such illegal signs. 9. Adjustments to setbacks to reduce tree removal (Chapter 18.790). By means of a Type I procedure, as governed by Section 18.390.030, the Director may grant a modification from applicable setback requirements of this Code for the purpose of preserving a tree or trees on the site of proposed development. Such modification may reduce the required setback by up to 50%, but shall not be more than is necessary for the preservation of trees on the site. The setback modification described in this section shall supersede any special setback requirements or exceptions set out elsewhere in this title, including but not limited to Chapter 18.730, except Section 18.730.040. 10. Adjustments to wireless communication facilities (Chapter 18.798). WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 9 Exhibit A a. By means of a Type II procedure, as governed by 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the requirement that a wireless communication tower be set back at least the height of the tower from any off-site residence based on findings that at the following criteria are satisfied: (1) The proposed location of the tower complies with the setback requirements for the underlying zone in which the property is located; (2) A structural engineer certifies that the tower is designed to collapse within itself; (3) Because of topography, vegetation, building orientation and/or other factor, a site closer to an off-site residence will equally or better reduce the visual impacts associated with the tower upon the off-site residence. b. By means of a Type I procedure, as governed by 18.390.030, the Director shall approve, approve with conditions, or deny a request for an adjustment to the requirement that a wireless communication tower be located 2,000 feet from another tower in a residential zone or 500 feet from another tower in a non-residential zone based on findings that the following criteria are satisfied: (1) The applicant has fully complied with the collocation protocol as provided in 18.797.080; and (2) A registered radio engineer certifies that a more distant location is not technically feasible and/or sites at a more appropriate location are not available; or (3) A location closer than the required separation will reduce visual or other impacts on surrounding uses better than sites beyond the required separation. 11. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 10 Exhibit A Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A Provide range of commercial services for City residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the City so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use, including residential, commercial and institutional activities, in new and re-developing commercial areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 18.520.020 List of Zoning Districts A C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at least one-half mile, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and collector street. Housing is permitted on or above the second floor of commercial structures at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R-12 zone. A limited number of other uses, including but not limited to car washes, gas stations, religious institutions, and transit-related park- and-ride lots, are permitted conditionally. In addition to mandatory site development review, design and development standards in the C-C zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian-friendly. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 11 Exhibit A C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. D. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. F. MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to 1) support alternative modes of transportation to the greatest extent possible; and 2) encourage a mix of uses to facilitate intra-district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. G. (MUE-1 and MUE-2): Mixed Use Employment Districts. The MUE 1 and 2 zoning district is esianed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with employment character of the area. Lincoln Center is an example of an area designated MUE-1, the high density mixed use employment district. The Nimbus area is an example of an area designated MUE-2 requiring more moderate densities. H. MUC : Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 12 Exhibit A I. MUC-1: Mixed Use Commercial — 1. The MUC-1 zoning district, which is designed to apply to that portion of the Durham Quarry site within the City of Tigard, is a mixed-use commercial district bounded by 72nd Avenue, Findlay Street and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin shall furnish all planning, building and associated development review/permit services for the property. This zoning district is intended to mirror the City of Tualatin's Mixed Use Commercial Overlay District (TDC, Chapter 57). It permits a wide range of uses including commercial lodging, general retail, offices and housing; the latter includes multi-family housing at a minimum density of 25 units/acre and a maximum of 50 units/acre. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter, development within this zone is subject to the standards of 18.640. J. (MUR): Mixed Use Residential Districts. The MUR zonina district is desianed to cooly to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zonina district. 18.530.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.130.03 ; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.=. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.13003 ; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in Commercial zones is presented in Table 18.520.1. C. Accessory structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit. 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 13 Exhibit A TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N C-C C-G C-P CBD MUE zu MUC-1 MUC28 MUE MUR 1 and 228 1 and 228 RESIDENTIAL Household Living N R R R R R P 26P P P Group Living N N C N P N C P/C P/c Fr/_C_ Transitional Housing N N C N C N C C C C Home Occupation R R R R R R P R R R HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A Fff R 30 P Singel Units, detached N/A N/A N/A N/A N/A N/A N/A Fev R 30 Rou Accessory Units N/A N/A N/A N/A N/A N/A N/A R 1 R 31R Duplexes N/A N/A N/A N/A N/A N/A N/A Fev R P Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC INSTITUTIONAL Basic Utilities C N N C C C C C 32 C 32 C 32 Colleges N N N N N C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P Religious Institutions C C P C P P C P P C Schools N N N N N C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N P R P P P P P N Eating and Drinking Establishments C P P R P P P P P R Entertainment-Oriented - Major Event Entertainment N N C N C N C C N N - Outdoor Entertainment N N P R15 P N N C N N - Indoor Entertainment P P P P P P P P P N - Adult Entertainment N N C N C N N C N N WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 14 Exhibit A General Retail - Sales-Oriented P P7 P R16 P R22 Res P R� R34/35 - Personal Services P P P P P R22 R25 P R22 R34/35 - Repair-Oriented P P P N P R22 R25 R22 R22 N - Bulk Sales N N P N N R22 R25 R22 R22 N - Outdoor Sales N N P N N N N N N N - Animal-Related N N N N N P P N N N Motor Vehicle Related - Motor Vehicle Sales/Rental N N P/C 12 N C N N Rea R24 N - Motor Vehicle Servicing/Repair N C8 P/C 12 N R18 R22 R25 N N N - Vehicle Fuel Sales C C C N C N C C C N Office P R P P P P P P P W4100 Self-Service Storage N N C N N N N N N N Non-Accessory Parking C C P P P P P P P N INDUSTRIAL Industrial Services N N N N N N N N N N Manufacturing and Production - Light Industrial N N N N N R23 N N R23 N - General Industrial N N N N N N N N N N - Heavy Industrial N N N N N N N N N N Railroad Yards N N N N N N N N N N Research and Development N N N N N R _T'_N Rza N Warehouse/Freight Movement N N N N N R N N R40144 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N C N N N R40144 N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R P/R P/R P/R P/R P/R P/R Rail Lines/Utility Corridors P P P P P P P Other C cluNA NA C NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 15 EXHIBIT A 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2Permitted subject to requirements Chapter 18.742. 3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5AI1 permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 7Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. "Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. 10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. "A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12 Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. 13 Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14 Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. 15As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. 16 May not exceed 10% of the total square footage within an office complex. 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. "'Motor vehicle cleaning only. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 16 Exhibit A 19Drive-up windows permitted conditionally. 20AII permitted and conditional uses subject to special development standards contained in 18.520.050C. 21 Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 Npm Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at the time the MUE zoning district was adopted On e Tigard Triangle. 23AII activities associated with this use, except employee and customer parking, shall be contained within buildings. 24 Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 25 Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 26 Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit—see Chapter 18.798 28AII Permitted and Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 30 Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 31 Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32Except water, storm and sanitary sewers, which are allowed by right. 33 In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. `This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are met. 35The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 17 Exhibit A 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters18.370. 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 18 EXHIBIT A TABLE 18.520.2 COMMERCIAL DEVELOPMENT STANDARDS CBD MUE RESIDENTIAL R-25 STANDARD C-N C-C 9 C-G C-P CBD R-40 R-12 C-G MF DU* MUC-1 MUC MUE 1 MUE 2 MUR 1 MUR2 [17][181 [17][181 [17][181 [17][181 [17][181 Minimum Lot Size 5,000 sq ft 5,000 sq ft None 6,000 sq ft None None None None - None None None None None None Detached unit - - - 1,480 sq ft Boarding,lodging,rooming house - - - - 6,100 sq ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None None None 50 ft None None None None None None None Minimum Setbacks Front yard 20 ft 0/20 ft[101 0 ft[11] 0 ft[11] 0/30 ft[121 20 ft 20 ft 0 ft 20 ft See 0'['9] 0'[21] 0'[21] 0'[21] 10'[21] Side facing street on corner& 20 ft - - - 0/30 ft[121 20 ft 20 ft - 20 ft 18.640. 0'[19] 0'[21] 0'[21] 5'[21] 10'[21] through lots 111 050(B) Side yard 0/20 ft[8] 0/20 ft[8] 0/20 ft[8] 0/20 ft[8] 0/30 ft[121 10 ft[14] 10 ft[141 0/20 ft[8] 10 ft - 0'[19][20] 0,[20] 0,[20] 0,[20] 0,[20] Side or rear yard abutting more - - - - - 30 ft - - - restrictive zoning district Rear yard 0/20 ft[8] 0/20 ft[8] 0/20 ft[8] 0/20 ft[87 0/30 ft 1121 20 ft 1141 20 ft 1141 0/20 ft[87 20 ft 0'[19][20] 0'[20] 0'[20] 0'[20][22] 0'[20][22] Distance between front of garage& - - - - 20 ft 20 ft - 20 ft N/A N/A N/A N/A N/A property line abutting a public or private street. Minimum building height N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 stories 2 stories None 2 stories None Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft["1 60 ft 60 ft 45 ft 45 ft 70 ft 200' 200' 60' 75' 45' Maximum Site Coverage[21 85% 80% 85% 85% 85% 80% 80% 85% 80%[161 90% 85% 85% 85% 80% 80% Minimum Landscape Requirement 15% 20% 15% 15% 15% 20% 20%[15] 15% 20% 10% 15% 15% 15% 20% 20% Minimum FAR N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1.25 1.25 1 0.6 0.6 0.3 Minimum Residential Density N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 50 50 25 50 25 unit/acre unit/acre unit/acre unit/acre unit/acr e Maximum Residential Density N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A None None 50 None 50 1=[77 unit/acre unit/acr e WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 19 EXHIBIT A [1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [2] Includes all buildings and impervious surfaces. [3] Applies to all non-residential building development and mixed use development which includes a residential component. In mixed use development,residential floor area is included in the calculations of floor area ratio to determine conformance with minimum FAR. [4] Notwithstanding the requirements of 18.715.020, minimum and maximum density shall be determined for residential only projects using the number of residential units per acre shown in the above table. The provisions for density transfer described in 18.715.030.13 apply,using the minimum and maximum density shown in the above table. Any mixed-use or commercial only development does not have a minimum density requirement. [5] For purposes of determining floor area ratio and residential densities,the net development area shall be uses to establish the lot area, determined per Section 18.715.020.A 61 Adjustments to minimum density in the Washington Square Regional center area subject to the standards set forth in 18.630.020.E [7] The maximum density requirements for developments that include or abut designated Water Resources Overlay district Riparian setbacks per 18.797 are described in 18.630.020.D [8] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [9] See Section 18.520.050B for site and building design standards. [10] No front yard setback shall be required, except a 20 foot front yard setback shall apply within 50 feet of a residential district. [I I] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745 and 18.795 must be met. [12] There are no setback requirements, except 30 feet where a commercial use within a district abuts a residential zoningdistrict. [J31 The maximum heighof any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. L] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [15] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall be met for existing and new development. [JL] Lot coverage includes all buildings and impervious surfaces. [17 Modifications to dimensional and minimum density requirements for developments tha ude or abut designated Water Resources Overlay District Riparian setbacks per Sectio 18.797 are described in Section 18.630.040(8. [18] The requirements contained in the Buffer Matrices in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvement s to be installed between proposed uses in the MUC, MUE and MUR zones within the Washington Square Regional Center (WSRC) and abutting zoning districts not included within the WSRC, or zoning districts within the WSRC which are not mixed-use. For MUC and MUE zones, the requirements for Commercial Zones apply. For MUR zones, the requirements for the Neighborhood Commercial Zone apply. [19] For Commercial and Mixed-use developments, the maximum front and street side yard setback is 10 feet. For Residential only developments, the maximum front and street side yard setback is 20 feet [20] Side and rear yard setbacks shall be 20' when the zone abuts residential districts shown in 18.510.020 except R-25 and R-40. [21] The maximum setback is 20 feet [22] The maximum setback is 10 feet *Multiple-family dwelling unit C-N-Neighborhood Commercial District MUC1 —Mixed Use Commercial C-C-Community Commercial District MUC—Mixed Use Commercial C-G-General Commercial District MUE 1—Mixed Use Employment/high density C-P-Professional/Administrative Office Commercial MUE 2—Mixed Use Employment/medium density CBD-Central Business District MUR 1—Mixed Use Residential/high density MUR 2—Mixed Use Residential/medium density WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 20 Exhibit A 18.520.050 Special Limitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Section 3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than 5% of the gross building floor area of any individual establishment; and 4. Uses operating before 7:00 AM and after 10:00 PM shall be subject to the conditional use provisions, as governed in Chapter 18.330. B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities, and as allowed in Sections 3 and 4 below; 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail, where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than 5% of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6:00 AM and/or after 11:00 PM and drive-up windows are subject to conditional use provisions, as governed by Section 18.330. C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient lodging, shall not be subject to this requirement; 2. On lots greater than three acres, general retail sales uses are limited to 30,000 square feet of gross leasable area plus one additional square foot of gross leasable area of general retail sales use for each additional four square feet of non-general retail sales use. D. In the MUC-1 zone. In addition to the standards of this Chapter, development in the MUC-1 zone is subject to Chapter 18.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 21 Exhibit A E. In the MUC. MUE-1, MUE-2. MUR-1 and MUR-2 zones within the Wash inaton Sauare eaional Center, the standards of Chanter 18.630 shall also cooly. 18.520.060 Additional Development and Design Guidelines C. Washinaton Sauare Regional Center See Section 18.630 for additional development and Design Guidelines WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 22 Exhibit A CHAPTER 18.630 WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS Sections: 18.630.010 Purpose and Applicability 18.630.020 Development Standards 18.630.030 Pre-existing Uses 18.630.040 Street Connectivity 18.630.050 Site Design Standards 18.630.060 Building Design Standards 18.630.070 Signs 18.630.080 Entry Portals 18.630.090 Landscaping and Screening 18.630.100 Street and Accessway Standards 18.630.110 Design Evaluation 18.630.010 Purpose and Applicability A. Purpose 1. This Chapter will implement the vision, concepts and principles contained in the Washington Square Regional Center Plan,and the recommendations contained in the Phase H Implementation Plan Summary Report prepared by a Task Force appointed by the City of Tigard. 2. Metro's Regional Urban Growth Management Functional Plan target growth capacity for the Washington Square Regional Center will be met by permitting mixed use development within the Regional Center at densities appropriate for an urban center. 3. A mixed use Regional Center will contain a variety of districts that vary in scale, predominant use, and character. Distinct districts, connected to each other and to the rest of the region by a multi-modal transportation system,will provide a range of working, living and shopping opportunities. 4. Improved multi-modal transportation links, higher densities,variety of land uses, and enhanced environmental qualities will all contribute to create a desirable, livable community in the face of dramatic population and employment growth. 5. New mixed-use zoning districts, along with existing residential zoning districts in established areas, are appropriate for the Regional Center. B. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area,providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. C. Development conformance. All new developments, including remodeling and renovation projects resulting in new non single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer,water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 23 Exhibit A D. Permitted and Conditional Uses. Permitted and Conditional uses are those uses permitted outright,with restrictions, or conditionally within the MUC, MUE 1, MUE 2, MUR 1 or MUR2 zones pursuant to 18.520.030. E. Conflicting standards. The following design standards apply to all development located within the Washington Square Regional Center within the MUC,MUE and MUR zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. 18.630.020 Development Standards A. Compliance Required All development must comply with: 1. All applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370, and Sub-Sections C throu E of this Section; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards which apply within mixed-use zones in the Washington Square Regional Center are contained in Table 18.520.2. Existing developments which do not meet the standards specified for a particular district may continue in existence and be altered subject to the provisions of Section 18.630.030. C. Phasing of Development Standards. Projects may use the Site Development Review process (Chapter 18.360)to develop a site by phasing compliance with the development standards established in this Chapter. Such projects must demonstrate how future development of the site, to the minimum development standards established in this Chapter or greater, can be achieved at ultimate build out of the site. The Planning Director may waive or modify the approval period (Section 18.360.030 C) and phased development time schedule(Section 18.360.030 E.1) for projects approved under this section. If a time period greater than that specified in 18.360.030.0 is necessary,it must be requested at the time of original application with a detailed time line for completion. D. Density Requirements for Developments Including or Abutting Riparian Setback. Notwithstanding the density requirements in Table 18.520.2, the maximum residential density and mixed-use and non-residential floor area ratio for developments that include or abut Riparian Setbacks shall be no greater than 110 percent of the minimum residential density and floor area ratios in all Mixed Use Zones, except when the following are met: 1. Wetlands within the development are expanded or enhanced in conformance with the Oregon Division of State Lands Wetlands Restoration and Enhancement Program, and if applicable 2. Fish Habitat within the development is enhanced in conformance with the Oregon Division of State Lands Fish Habitat Enhancement Program, and if applicable 3. The overall flood storage capacity of the 100-year floodplain within the development is increased by 10 percent. If the enhancements described above are approved, or if enhancements are already in existence, the maximum residential density standards shown in Table 18.520 and no maximum floor area ratio standards for mixed use and non-residential developments shall apply. E. Adjustments to Density ReQuoremel2s in the Washington Square Regional Center. The density requirements shown in table 18.52,2 are designed to implement the goals and WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 24 Exhibit A policies of the Comprehensive Plan. These requirements apply throughout the Washinijton Square Regional Center zoning districts, but the City recognizes that some sites are difficult to develop or redevelop in compliance with these requirements. The adjustment process provides a mechanism by which the minimum density requirements may be reduced by up to twenty five percent (25%) of the original requirement if the proposed development continues to meet the intended purpose of the requirement and findings are made that all approval criteria are met. Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to meet the purpose of the code. 1. Approval Criteria. Adjustment requests will be approved if the review body finds that the applicant has shown that approval criteria 1 through 4 below, are met. a. Granting the adjustment will equally or better meet the purpose of the regulation to be modified; and b. The proposal will be consistent with the desired character of the area; and C. If more than one adjustment is being requested, the cumulative effect of the adjustments results in a project which is still consistent with the overall purpose of the zone; d. Any impacts resulting from the adjustment are mitigated to the maximum extent possible. 2. Procedure. Requests for an adjustment are processed as a Type I application, along with the development proposal for which the application has been filed. 3. Ineligible regulations. Adjustments are prohibited for the following items: a. To allow a primary or accessory use that is not allowed by the regulations; b. As an exception to any restrictions on uses or development which contain the words "prohibited" or"not allowed"; C. As an exception to a qualifying situation for a regulation, such as zones allowed or items being limited to new development. d. As an exception to a definition or classification e. As an exception to the procedural steps of a procedure or to change assigned procedures. F. Modifications to Dimensional and Minimum Density Requirements for Developments That Include or Abut Designated Water Resources Overlay District Riparian Setbacks. Notwithstanding the dimensional and minimum density requirements in Table 18.520.2, the minimum and maximum dimensional requirements and the minimum residential density and mixed-use and non-residential floor area ratio for developments that include or abut Riparian Setbacks shall be subject to modification when modification is necessary to assure that environmental impacts are minimized Modification reviews provide flexibility for unusual situations and allow for alternative ways to meet the purpose of the code, while assuring potential environmental impacts are minimized 1. Approval Criteria. Modification requests will be approved if the review body finds that the applicant has shown that approval criteria a through d below, are met WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 25 Exhibit A a. Evidence is provided that the modification(s) are necessary in order to secure approval under any of the following applicable regulations: federal Endangered Species Act, National Pollutant Discharge Elimination System Permit,Section 404 or 401 of the federal Clean Water Act, and Oregon Removal-Fill Law; and b. The proposal will be consistent with the desired character of the area as specified in the Plan;and C. If more than one modification is being requested, the cumulative effect of the modifications results in a project that is still consistent with the overall purpose of the zone; d. The modification(s)proposed are the minimum required to grant the applicable permit(s)listed in criteria a. 2. Procedure. Requests for a modification are processed as a Type II procedure along with the developmentproposal for which the application has been filed. 3. Eligible regulations. Modifications are only available for the dimensional requirements and minimum density requirements shown on Table 18.520.2 and do not circumvent or supercede any local, regional, state or federal requirements in regards to natural resources. 18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional CenterMixed Use Districts A. Applicability. Pre-existing housing units in mixed use districts are permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of this Chapter. Notwithstanding the provisions of Section 18.760.040,uses prohibited and structures that would be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Mixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance (date). 1. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to twenty(20%) of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this Code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. 2. All additions, expansions, or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception shall be in conformance with the development standards of this Code. Projects may use the Site Development Review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this Chapter per Section 18.630.020.C. 3. If a pre-existing use is destroyed by fire, earthquake or other Act of God, then the use will retain its pre-existing status under this provision so long as it is substantially reestablished within three (3)years of the date of the loss. The reestablished use shall be in conformance with the development standards of this Code. Projects may use the Site WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 26 Exhibit A Development Review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this Chapter per Section 18.630.020.C. 18.630.040 Street Connectivity A. Purnose: The standards provide a way for creating continuity and connectivity within the Washington Square Regional Center. They provide incremental street and accesswav development that is consistent with WSRC needs and regional and state planning principles for connectivity. The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. B. Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Variance of these standards may be approved per the requirements of Chapter 18.370.010 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. 1. Design Option a. Local street spacing shall provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. 2. Performance Option a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehic le trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. C. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than one and one-half the straight-line distance. 18.630.050 Site Design Standards A. Compliance. All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan May be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.370.010 C2, governing criteria for granting a variance, is satisfied. 1. Building placement on Major and Minor Arterials a. Purpose: Architecture helps define the character and quality of a street and can make a strong statement about the overall community and City at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and ground floor uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. b. Standard: Buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial Streets. Buildings shall be located at public street intersections on Major and Minor Arterial Streets. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 27 Exhibit A 2. Building setback— a. Puraose: Buildings and investment in architecture is most conspicuous when it is visible from the street. The presence of buildings closely sited at the edge of the right-of-way creates an envelope for the street and a sense of permanence. b. Standard: The minimum and maximum building setback from public street rights-of-way shall be in accordance with 18.520.2. 3. Front yard setback design— a. Puraose: The front yard is the most conspicuous face of a building and requires special attention. Places for people and pedestrian movement helps create an active and safer street. Higher level of landscape anticipates a more immediate visual result. b. Standard: For setbacks greater than 0', landscaping, an arcade, or a hard- surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-I standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040B and Table 18.520.2. 4. Walkway connection to building entrances— a. Puraose: As density increases and employee and resident populations increase it is expected that more people will move between businesses within the WSRC. Provisions should be made to encourage people to walk from business to business, and housing to business rather than use automobiles. b. Standard: A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adiacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040B,Table 18.520.2. 5. Parking location and landscape design— a. Puraose: The emphasis on pedestrian access and a high quality streetscape experience requires that private parking lots that abut public streets should not be the predominant street feature. Where parking does abut public streets,high quality landscaping should screen parking from adjacent pedestrian areas. b. Standard: Parking for buildings or phases adjacent to public street rights-of- way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street,primary street(s) shall be identified by the Citv where this requirement applies. I_n general, streets with hither functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side,parking is limited to 50% of therip mary street frontage and must be behind a landscaped area constructed to an L-I Landscape Standard. The minimum depth of the L-I landscaped area is five feet or is equal to the building setback,whichever is greater. Interior side and rear yards shall be landscaped to a L-2 Landscape Standard, except where a side yard abuts a public street,where it shall be landscaped to an L-I Landscape Standard. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 28 Exhibit A 18.630.060 Building Design Standards All new buildings constructed in the MUC, MUE and MUR zones within the WSRC shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.370.010 C2, criteria for granting a variance, is satisfied. 1. Ground floor windows— a. Pumose: Blank walls along the street frontage tend to be neglected, and are not pedestrian friendly. Windows help keep "eves on the street"which promotes safety and security, and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from ground floor windows also adds to the presence of activity and the sense that someone is home. b. Standard: All street-facing elevations within the Building Setback(0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as the entire requirement is located at a building corner. 2. Building facades— a. Pumose: Straight, continuous, unarticulated walls lack interest, character and personality. The standard provides minimum criteria for creating a diverse and interesting streetscape. b. Standard: Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (a) a variation in building materials; (b) a building off-set of at least 1 foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or(d)by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. 3. Weather protection— a. Pumose: Weather protection is encouraged to create a better year-round pedestrian environment and to provide incentive for people to walk rather than drive. b. Standard: Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. 4. Building Materia is— a. Pumose: High quality construction and building materials suggest a level of permanence and stature appropriate to a Regional Center. b. Standard: Plain concrete block,plain concrete, corrugated metal,plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. 5. Roofs and roof lines— a. Purpose: Roof line systems that blur the line between the roof and the walls of buildings should be avoided. This standard simply states that roofing materials should be used on the roof and that wall finish materials should be use on building walls. The premise is that future buildings in the WSRC should have a look of permanence and quality. b. Standard: Except in the case of a building entrance feature,roofs shall be designed WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 29 Exhibit A as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. 6. Roof-mounted equipment— a. Purpose: Roof top equipment, if not screened properly, can detract from views of adjacent properties. Also roofs and roof mounted equipment can be the predominant view where buildings are down slope from public streets. b. Standard: All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. 18.630.070 Signs A. Sign standards. In addition to the requirements of Chapter 18.780 of the Development Code the following standards shall be met: 1. Zoning district regulations - Residential only developments within the MUC, MUE and MUR zones shall meet the sign requirements for the R-40 zone 18.780.13013; non- residential developments within the MUC zone shall meet the sign requirements for the commercial zones, 18.780.13OC; non-residential development within the MUE zone shall meet the sign requirements of the C-P zone, 18.780.130D and non-residential development within the MUR zones shall meet the sign requirements of the C-N zone, 18.780.130E. 2. Sign area limits -The maximum sign area limits found in 18.780.130 shall not be exceeded. No area limit increases will be permitted. 3. Height limits -The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roofline of the wall on which the sign is located. No height increases will be permitted. 4. Sign location - Freestanding signs within the Washington Square Regional Center shall not be permitted within required L- I landscape areas. 18.630.080 Entry Portals A. Required locations. (Reserved) 18.630.090 Landscaping and Screening A. Applicable levels. Two levels of landscaping and screening standards are applicable. The locations were the landscaping or screening is required and the depth of the landscaping or screening are defined in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. 1. L-1 Low Screen-For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street,trees shall be planted at 3 1/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 30 Exhibit A 2. L-2 General Landscaping - For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745,Landscaping and Screening, shall apply. In addition,trees shall be provided at a minimum 2 '/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. 18.630.100 Street and Accessway Standards A. Functional Classifications and Street Sections. The Recommended Roadway Functional Classification Map and Street Cross Sections attached shall govern the improvement and construction of major streets within the Washington Square Regional Center. 18.630.110 Design Evaluation The provisions of Section 18.620.090-Design Evaluation apply within the Washington Square Regional Center. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 31 Exhibit A 18.760.040 Criteria for Nonconforming Situations A. Development of nonconforming lots of record. 1. Except as provided in Subsection A2 and Subsections B and C below, no nonconforming lot of record at the effective date of this title or amendment thereto shall be developed for any use, and no existing use on a nonconforming lot of record shall be enlarged, extended or reconstructed, except that the enlargement or expansion of a single-family residence will be allowed in the CBD zone only; 2. If on the date of adoption of this title a lot does not meet the lot size requirements of the applicable zoning district in which the property is located, the lot may: a. Be occupied by one use permitted outright in a commercial zoning district, if the lot is located within a commercial zoning district; or b. Be occupied by single-family residential units and accessory structures if located in a residential zoning district. 3. In any district, construction rn a single nonconforming lot of record existing at the effective date of this title or amendment thereto, notwithstanding limitations imposed by other provisions of this title, are subject to the following: a. The nonconforming lot shall be in a separate ownership and not contiguous with other lots in the same ownership; and b. All setback, height and other applicable provisions of the zoning district shall be satisfied unless appropriate variances and/or adjustments are obtained. 4. If two or more lots, or combinations of lots and portions of lots in single ownership are of record at the effective date of this title and are made nonconforming as to lot area, width or depth by this title the lots involved shall be considered to be an undivided parcel for the purposes of this title; and: a. No portion of the aggregated parcels shall be conveyed, transferred or used in any manner which violates or creates a violation of this title; and b. No division of the parcel shall be made which creates any lot remaining with the area, width or depth which does not meet the requirements of this title. B. Nonconforming uses. Where at the time of adoption of this title a lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involves no structure or building other than a single sign or accessory structure, the use may be continued as long as it remains otherwise lawful, provided: 1. No such nonconforming use is enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this title; 2. No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this title; 3. The nonconforming use of land is not discontinued for any reason for a period of more than six months; WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 32 Exhibit A 4. If the use is discontinued or abandoned for any reason for a period of six months any subsequent use of land shall conform to the regulations specified by this title for the zone in which such land is located; and 5. For purposes of calculating the six-month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events: a. On the date when the use of land is vacated; b. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; c. On the date of termination of any lease or contract under which the nonconforming use has occupied the land; and d. On the date a request for final reading o water and power meters is made to the applicable utility districts. 6. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land. C. Nonconforming development. 1. Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, yard, equipment, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity but any structure or portion thereof may be enlarged or altered in a way that satisfies the requirements of this title or will decrease its nonconformity; or b. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 60% of its current value as assessed by the Washington County assessor, it shall not be reconstructed except in conformity with the provisions of this title; and c. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. D. Nonconforming use of structures. 1. If a single lawful use contained in a single structure involving that structure or structure and premises in combination (except for a single, accessory structure) existed as of March 16, 1983, it would not be allowed in the zoning district in which it is located, or which is nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this title or amendment thereto), the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this title in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 33 Exhibit A or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; b. Any nonconforming use may be extended throughout any existing parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building; c. A change of use for a single use in a single structure may occur under the following conditions: (1) The nonconforming use status was registered with the Director in the manner provided by Subsection 3 for the purpose of establishing the use classification as listed in any of the permitted use subsections of this title; (2) The new use is within the registered permitted use classification; and (3) The new use conforms to the zoning ordinance provisions. d. When a nonconforming use of a structure and premises is discontinued or abandoned for six months the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: (1) On the date when the structure or premises is vacated; (2) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (3) On the date of termination of any lease or contract under which the nonconforming use has occupied the premises; or (4) On the date a request for final reading of water and power meters is made to the applicable utility districts. e. Where a nonconforming use status applies to a structure and premises, removal or destruction of the structure shall eliminate the nonconforming use status of the land: (1) Destruction for the purpose of this subsection is defined as damage to an extent of more than 60 percent of its current assessed value by the Washington County assessor; and (2) Any subsequent use shall conform fully to all provisions of the zoning district in which it is located. 2. If a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of March 16, 1983, and those uses would not be allowed in the zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this chapter or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this title in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 34 Exhibit A or structurally altered except to accommodate a changing of the use of the structure to a use permitted in the zone in which it is located; b. Any nonconforming use may be extended throughout any existing parts of a building which was manifestly arranged or designed for such use as of March 16, 1983, but no such use shall be extended to occupy any land outside such building except as limited by Subsection (e) below; c. A change of use may occur as follows: (1) The nonconforming use status was registered with the Director in the manner provided by Subsection 3 below for the purpose of establishing the use classification as listed in any of the permitted use subsections of this title; (2) The new use is within the registered use classifications; (3) The new use does not cause an increase in the total number of square feet in the registered use classification; or (4) The new use conforms to the zoning ordinance provisions. d. Where a structure had vacant units as of March 16, 1983, such vacant spaces shall be classified with the most restrictive use classification applicable to the structure; and e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the zoning district in which it is located. For purposes of this section, a use shall be deemed to be discontinued or abandoned upon the occurrence of the first of any of the following events: 3. The provisions of Section 18.132.040 shall not be interpreted as granting an owner of a nonconforming use a vested right. The provisions of the section may be revised in a manner which does not change the rights granted by this section under this chapter. E. Non-Conforming Situations in Washington Square Regional Center. For non-conforming uses and developments in the Washington Square Regional Center, the standards o 18.630.030 apply. WASHINGTON SQUARE REGIONAL CENTER PROPOSED CODE CHANGES PAGE 35 EXHIBIT B WASHINGTON SQUARE REGIONAL CENTER Proposed Text Amendments to the Comprehensive Plan Amendments to the comprehensive Plan to reflect changes recommended by the Task Force are shown as bold and double underlined. There are also several changes that were adopted after the original Washington Square Comprehensive Plan changes were adopted. These changes were approved as part of the Durham Quarry amendment. There are also some changes that needed to be made to the adopted text to reflect the Durham Quarry amendments. They are identified by bold text WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 1 WASHINGTON SQUARE REGIONAL CENTER STUDY Final Draft Recommendations for Comprehensive Plan Amendments to Implement the Washington Square Regional Center Plan August 25, 1999 (Revised 8-30-2001) Add the following to implementation strategies, under policies 1.1.1 and 1.1.2: Implementation strategies 1. The Comprehensive Plan Future Land Use Map and the Official Zoning District map will reflect the plan policies and apply land use categories in the following manner: n. Mixed Use Commercial District-Principle development in these areas will be high density office buildings,retail and service uses. MUC districts will encourage larger buildings with parking under,behind or alongside the structures. There are two applicable mixed use commercial zoning districts: MUC and MUC-1. A zoning designation of MUC will also allow mixed-use development and housing at densities of 50 units an acre. -NA-1C. , ist-4 ets;A41- o e!aFgeF:b4444i14gs with„„iiag, ff4e, ^r a4angskle the- stme *es The Regional Center Plan recommends that land around the Washington Square Mall and land immediately west of Highway 217 be 4esi,pi4p_,,_ -A use ��� d-ic*^^*MUC. A zoning designation of MUC-1 will allow mixed-use development and housing at densities of 25 to 50 units an acre. The MUC-1 district is applied to the Durham Quarry site. 0. Mixed Use Residential District-The MUR designation is appropriate for predominantly residential areas where mixed uses are permitted when compatible with the residential use. Areas will be designated high density (MUR-1) or moderate density (MUR-2). Locations within the Washington Square Regional Center are appropriate for this mixed-use designation. Add the followin,-to policies under 5.5-Economy: 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: COMPLIMENTARY RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED ABOVE THE FIRST FLOOR IN THE CENTRAL BUSINESS DISTRICT, AND ABOVE THE SECOND FLOOR IN COMMERCIAL PROFESSIONAL DISTRICTS. (THE DENSITY OF RESIDENTIAL DEVELOPMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE R-40 DISTRICTS.) 4 NB; EXISTING SINGLE FAMILY HOMES WITHIN THE MIXED USE EMPLOYMENT ZONE SHALL BE CONSIDERED PERMITTED USES AND NEW MULTI- WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 2 FAMILY DEVELOPMENT SHALL BE PERMITTED AND ENCOURAGED TO DEVELOP AT R-40 DENSITIES-; AND WITHIN THE MUC, MUR 1 AND 2 AND MUE 1 AND 2 ZONES WITHIN THE WASHINGTON SQUARE REGIONAL CENTER, WHERE RESIDENTIAL USES SHALL BE PERMITTED AND ENCOURAGED AT HIGH DENSITIES RANGING FROM R-25 (MUE 2 AND MUR 2) TO R-50 (MUC,MUE I AND MUR 1). WITHIN THE MUC-1 DISTRICT, WHERE RESIDENTIAL, USES SHALL, BE PERMITTED AND ENCOURAGED TO DEVELOP AT A MINIMUM OF 25 UNITS PER ACRE TO A MAXIMUM OF 50 UNITS PER ACRE, RESIDENTIAL, USES WHICH ARE DEVELOPED ABOVE NON- RESIDENTIAL USES AS PART OF A MIXED USE DEVELOPMENT SHALL, NOT BE SUBJECT TO THESE DENSITIES. Add a new section 11.4-9 with the following: 11.*9 WASHINGTON SQUARE REGIONAL CENTER In 1995,Metro Council adopted a visionary plan for regional development. The 2040 Growth Concept described strategies to make the most efficient use of urban land in the face of dramatic population growth, to create and preserve livable neighborhoods, and to promote a useful, accessible transportation system. One of the key elements of the 2040 Growth Concept, was the designation of regional centers. These are areas of concentrated commerce, local government services and housing served by high-quality transit. Washington Square is one of three regional centers in Washington County and one of nine in the region. The 2040 Growth Concept resulted from extensive regional discussion about the future of the Portland metropolitan area. Metro,working with local jurisdictions, then developed the Urban Growth Management Functional Plan in 1996 to implement the Growth Concept. Local citizens and governments were then to determine the best way to create regional centers given the values, interests and needs of residents and businesses of that community. The following findings and policies summarize the results of a thorough public discussion about the future of the Washington Square Regional Center area. It demonstrates the way the people of Tigard and Washington County incorporated their expectations for the future into the Regional Center Plan. Findin 1. With the adoption of the Urban Growth Management Functional Plan, local governments, businesses,residents and property owners in Washington County began a study of land use, transportation and other functions around Washington Square. 2. In 1998,the Tigard City Council appointed 23 people to serve on the Washington Square Regional Center Task Force. Task Force members represent neighborhoods, schools,business WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 3 and property owners, state and local governments and public interest groups. The task force's charge was to identify issues and set general policy for recommendations about land use, transportation, open space, aesthetics and other issues relevant to development around Washington Square. The Task Force also oversaw a public involvement process. 3. The Task Force agreed on a study area that includes 1250 acres, with Washington Square Mall approximately in the center. The area is bounded by Fanno Creek on the west, SW Greenburg Road and Hall Blvd. on the east, Progress Downs Golf Course to the north, and Highway 217 and Ash Creek on the south. 4. The Task Force members agreed on a set of principles that would guide development of all recommendations. These principles are as follows: Creation/Preservation of Area Identity 1. Reinforce a distinctive Regional Center while recognizing and respecting the character of the nearby residential community. 2. Retain and develop quality housing, including affordable housing, for all income levels. 3. Facilitate transitions from one use to another, for example, single to multifamily residential uses. 4. Preserve and enhance Metzger Park and consider additional parks. 5. Encourage environmentally friendly development. 6. Try to keep historic trees. 7. Build for our children: Have a sense of stewardship. 8. Think creatively and be innovative in improving/maintaining quality of life. 9. Consider market forces and development patterns. 10. Maintain and preserve floodplains and wetlands. Government/Institutional Issues 1. Consider all political boundaries and facilitate cooperation among jurisdictions. 2. Maintain neighborhood schools. 3. Identify and reinforce what makes the learning(educational) environment viable. Transportation 1. Strive for a self-sufficient, connected transportation system. 2. Consider transportation needs for the whole study area. 3. Plan for a multi-modal transportation system that accommodates increased auto and non-auto travel needs. 4. Respect and enhance local street networks and neighborhood livability. 5. Maintain an acceptable level of service and safety on regional roads,minimizing the effect on regional roads outside the study area. 6. Provide good transportation access to the rest of the region. 7. Make the community accessible for all people and modes with connections for cars, bikes,pedestrians and transit. 8. Maintain a high level of accessibility within and to the regional center. 9. Use appropriate street and streetscape design. 10. Encourage attractive,high quality development. WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 4 11. Promote long-term viability for the area.Assure infrastructure is available prior to or with development. The Regional Center Plan Should 1. Be understandable to lay people 2. Be implementable within a reasonable, staged period of time 3. Help develop a sense of community with a common vision,hope and optimism 4. Be based on statistics and facts for population, employment and other factors 5. Use existing resources as much as possible 6. Encourage compatible and complementary uses 7. Contain solutions to common problems 8. Avoid conflict with other regional centers. 5. The Washington Square Regional Center study area includes land within the City of Tigard,the City of Beaverton and in unincorporated Washington County. The study covers approximately 1,074 acres exclusive of public rights-of-way and 1,250 total acres. About 4.2 percent of the net land area within the study area is vacant. 6. The Task Force evaluated all lands within the study area for future development or redevelopment capacity through 2020. Land identified as having development or redevelopment potential if it is currently vacant,has infill capacity,holds an opportunity for redevelopment or currently is used as a large (greater than one acre) surface parking lot. The vast majority of growth potential will come from redevelopment of existing structures and infill on sites currently used for surface parking. Over the next 20 years, approximately 192 acres of land will become available to accommodate employment and residential growth within the study area. 7. Metro' s Regional Urban Growth Management Functional Plan established "target growth capacity' for each jurisdiction in the region. The goal of setting these target numbers is for each part of the region to be prepared to accommodate housing and job growth. The target growth capacity for the Washington Square Regional Center is based on accommodating the following new jobs and housing units between 1998 and 2020: Employment: 9,804 jobs Retail: 1,188 jobs Office: 8,436 jobs Lodging: 180 jobs Housing: 1,500 units Residents: 2530 people 8. A development program for the Washington Square Regional Center provides for the target employment and housing growth capacity. Areas including the districts around the Washington Square Mall,the Lincoln Center office complex, and an emerging mixed-use district south of Locust will develop at relatively high densities. Areas north of Locust and west of Highway 217 will develop at more moderate intensities,but generally greater than existing intensity in these areas. Density assumptions are summarized below: WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 5 Land Use: High Density: Moderate Density: Office @ FAR 1.25 @ FAR 0.6 Retail @ FAR 0.6 @ FAR 0.3 Lodging @ FAR 1.0 @ FAR 1.0 Housing @ 50 DU/Acre @ 25 DU/Acre 9. This development program will require approximately 170-200 acres over the next 20 years. Adequate development and redevelopment capacity exists within the study area as a whole to accommodate development as long as densities assumed above are achieved. 10. The Regional Center Task Force reached agreements on basic elements of urban development, environmental protection, and transportation facilities. The Washington Square Regional Center Plan describes the vision for the regional center. 11. The Task Force demonstrated an impressive amount of interest in mixed-use neighborhoods and developments. Increasing land value and transportation costs will contribute to the desire of workers and employers for proximity of housing and work sites. The regional center' s urban design concept incorporates the need for improved transportation links,higher density, variety of land uses and services and a quality of environment necessary to create a desirable, livable community in the face of dramatic population growth. 12. Major roadways in the study area experience significant traffic congestion during weekday peak periods. Highway 217, Greenburg Road,Hall Boulevard and Scholls Ferry Road are subject to traffic delays. The major capacity constraints occur at the Hall Boulevard/Scholls Ferry Road intersection,the Scholls Ferry Road/Nimbus Avenue intersection, and the Greenburg Road/Highway 217 ramp intersections. In addition,Highway 217 itself is highly congested. 13. The majority of the arterial and collector streets in the study area have sidewalks. Scholls Ferry Road and Hall Boulevard have bike lanes within the study area. Highway 217 presents a major barrier for pedestrians and bicyclists. The only connections between the east and west sides of the highway in the study area are overcross@s on Hall Boulevard, Scholls Ferry Road and Greenburg Road. Of these three crossings, sidewalks are found only on Hall Boulevard and Greenburg Road, with bicycle lanes only on Scholls Ferry Road. The only bike lanes on the east side of the Washington Square Mall are on Hall Boulevard. 14. The Washington Square Transit Center is located in the northeast parking area of the Washington Square Mall. This transit center serves as a bus stop for routes 43, 45, 56, 62, 76 and 78. These routes connect Washington Square to transit centers in downtown Portland, Beaverton, Tigard and Lake Oswego, as well as providing service to the Tualatin area. A wider selection of transit tools could create a less congested, auto-dependent transportation system within and connecting to the study area. 15. In the future, those areas already identified as experiencing traffic congestion will continue to be clogged. In addition, other sections of Hall Boulevard, Greenburg Road, and Cascade Avenue and Oleson Road will also experience congestion. Traffic estimates do not predict congestion on local Metzger area streets directly east of Washington Square Mall. WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 6 16. The Tigard City Council approved the Washington Square Regional Center Plan, September 1999 (WSRC Plan) and related Comprehensive Plan and Zon>ig Code amendments, but withheld enactment of these policies and standards until a number of transportation,natural resource, stormwater, and parks and open space issues were addressed. 17. The City provided resources and secured grants from the Transportation and Growth Management(TGM)Program, State of Oregon, and the Department of Land Conservation and Development(DLCD), State of Oregon, to undertake additional technical studies to address these issues during the Phase II Implementation process. 18. The Phase II Implementation work effort focused on a number of issues that were first articulated by the Tigard City Council, and then defined as charges to the Task Force, Subcommittees. These charges were: 1. Advise whether the major transportation improvements identified ill the Regional Center Plan are physically feasible, and whether enviromnental or other pennitti ig issues represent a"fatal flaw" for project iinplementation. 2. Detenniile whether the proposed Regional Center Plan zoning creates the need for significant additional transportation iinprovements compared with existing zonnig. 3. Prepare a transportation demand management strategy for the Regional Center. 4. Develop a long-range transportation iinplementation program that addresses public policy, financial resources and responsibilities, and short-tenn priorities. 5. Map and confine the hydrological characteristics (wetlands and fish habitat) of the Fanno and Ash Creels Watersheds within the Regional Center. 6. Compile policies and standards for these watersheds related to development iinpacts iiicludiiig the extent that parks and open spaces activities can exist within the 100-year floodplaili area. 7. Recommend modifications (as necessary) to the City's natural resource regulations. 8. Assess the stonnwater management needs for the Regional Center Plan and a recommended approach for storm water management. 9. Develop a long-tenn fundilig strategy for stone water management. 10. Confirm the parks and open space needs for the Regional Center Plan and a recommended approach for identifyilig, acquirnig, ilnprovi ig and maintainilig parks and open space in the area. 11. Develop a long-tenn funding strategy for parks/open space. 19. Based on the work of the Task Force, Technical Subcommittees, and consultation with the public, the followilig findiligs and conclusions are made: 1. The results of the engilieerilig and enviromnental analysis show that all of the transportation recommendations from the WSRC Plan can be implemented, and none of the projects are fatally flawed. 2. A comparison of traffic trip generation potential of current zonilig withili the Regional Center to that proposed ili the WSRC Plan showed very siinilar future peak hour trips, and that the transportation system required to serve the WSRC WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 7 Plan is the same as that required to serve the area under current zon>ig. 3. A long-tenn transportation implementation program is described later ill this report, including a transportation demand management strategy. A financnig strategy is recommended that produces sufficient revenues over a 20-year period to implement the i nprovement program. 4. Detailed field reconnaissance was undertaken, and existing vegetative communities and wetlands withili the Regional Center were mapped. It is recommended that the Tigard Wetlands and Stream Corridors Map be amended to reflect this work. 5. Existilig federal, state and local regulations and impact review procedures applicable to public and private developments withili the Regional Center address the protection of identified natural resource areas. These existing regulations and any new regulations protectnig natural resources take precedence over any local zoning designations, existing or proposed. 6. Proposed zoning designations applying to resource areas do not ill and of themselves threaten natural resource values or potentially cause enviromnental impacts any more or less significantly compared to existing or less intensive zoning. 7. Modifications to City of Tigard development standards that apply to sites that include natural resource areas along Ash and Fanno Creeks are recommended in order to minimize enviromnental impacts. Applicable development standards include waiving milunum FAR and residential density standards, adjusting building setbacks and others. 8. The results of an assessment of existing and future flooding and water quality needs within the Regional Center showed that existing stonnwater facilities are inadequate, and identified regional stonnwater improvements remain unfounded. 9. A long-tenn stonnwater management program is described later in this report. A financilig strategy is recommended that produces sufficient revenues over a 20-year period to implement the improvement program. 10. A Greenbelt, Parks and Open Spaces Concept Plan is recommended which refines the proposals made ill the WSRC Plan. All elements of the Concept Plan were found to be feasible. 11. A long-tenn greenbelt, parks and open spaces implementation program is described later iii this report A fnnancilig strategy is recommended that produces sufficient revenues over a 20 year period to i nplement the i nprovement program. 20. A fnnancilig strategy was developed in detail for transportation, stonnwater, and parks & open space improvements. Based on the analysis of revenue expected from the variety of sources described in the strategy, adequate resources were detennined to be available during WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 8 the next 20 years to adequately fund the public improvements necessary to implement the WSRC Plan. The priinary elements of the financing strategy are: 1. Aggressively pursue federal highway trust fund sources through Metro's Metropolitan Transportation Improvement Program(MTIP). Metro estimates that approxiinately S874 million in federal highway trust fund money will be allocated directly to the Metro region during the years 2000 through 2020. 2. Establish priorities so that locally generated fees from existing businesses and residents and new development activity located within the Regional Center are focused on the transportation and infrastructure needs within the Regional Center. 3. Pursue the formation of local improvement district(s) (LIDs)where existing businesses and residents will directly benefit from improvements to existing transportation and stonnwater facilities, or relatively modest new improvements are needed that benefit multiple property owners. 4. Aggressively pursue regional, state, and national grants and funding programs for specific improvements, and pursue dedications, donations and contributions from the private sector. 5. Establish an urban renewal district for the Regional Center as a local funding source for major transportation, storinwater,resource enhancement and parks and open space improvements that benefit the entire area. Based on the growth projection utilized for the Washhitaton Sgnare Regional Center Plan, approximately S92- 162 million in accumulated urban renewal revenues would be available for project activities within the Regional Center over a 20-year period. An important recoininendation of the financial strategy is the creation of a new urban renewal district. It is recommended that the urban renewal district be created to include areas within the City of Tigard, City of Beaverton, and unincorporated Washington County. This will assure that the entire Regional Center will be eligible for urban renewal investments. POLICIES 11.49.1 THE CONCEPTS AND PRINCIPLES CONTAINED IN THE WASHINGTON SQUARE REGIONAL CENTER PLAN SHALL PROVIDE THE OVERALL GUIDING FRAMEWORK FOR MORE DETAILED IMPLEMENTING ACTIONS FOR THE AREA. THE IMPLEMENTING ACTIONS INCLUDE AT A MINIMUM: a. Comprehensive plan map and zoning map amendments including transportation plan. b. A public facilities plan for the area including a financing plan. C. A transportation improvement plan for the area including a financing plan. d. A parks and open space plan for the area including a financing plan. e. A recognition of the Regional Center Boundary for the purpose of establishing local, WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 9 regional and state funding priority in order to accomplish the concepts and principles of the plan. 11.49.2 THREE DISTINCT TYPES OF MIXED USE DISTRICTS SHALL BE ESTABLISHED FOR THE WASHINGTON SQUARE REGIONAL CENTER. THESE DISTRICTS ARE: a. MIXED USE COMMERCIAL DISTRICTS (MUC). THE REGIONAL CENTER PLAN RECOMMENDS THAT LAND AROUND THE WASHINGTON SQUARE MALL AND LAND IMMEDIATELY WEST OF HIGHWAY 217 BE DESIGNATED A MIXED USE COMMERCIAL DISTRICT. PRINCIPAL DEVELOPMENT IN THESE AREAS WILL BE OFFICE BUILDINGS,RETAIL AND SERVICE USES. A ZONING DESIGNATION OF MUC WILL ALSO ALLOW MIXED-USE DEVELOPMENT AND HOUSING AT DENSITIES OF 50 UNITS AN ACRE. MUC DISTRICTS WILL ENCOURAGE LARGER BUILDINGS WITH PARKING UNDER,BEHIND OR ALONGSIDE THE STRUCTURES. b. MIXED USE EMPLOYMENT DISTRICT (MUE). MIXED USE EMPLOYMENT DISTRICTS REFER TO AREAS WITH CONCENTRATIONS OF OFFICE,RESEARCH AND DEVELOPMENT,AND LIGHT MANUFACTURING INDUSTRIAL USES. COMMERCIAL AND RETAIL SUPPORT USES ARE ALLOWED,BUT ARE LIMITED. THE ZONING WILL PERMIT RESIDENTIAL DEVELOPMENT COMPATIBLE WITH THE DISTRICT' S EMPLOYMENT CHARACTER. LINCOLN CENTER IS AN EXAMPLE OF AN AREA DESIGNATED MUE-1, THE HIGH DENSITY MIXED-USE EMPLOYMENT DISTRICT. THE NIMBUS AREA IS DESIGNATED MUE-2,REQUIRING MORE MODERATE DENSITIES. C. MIXED USE RESIDENTIAL DISTRICTS (MUR). THE MUR DESIGNATION IS APPROPRIATE FOR PREDOMINANTLY RESIDENTIAL AREAS WHERE MIXED USES ARE PERMITTED WHEN COMPATIBLE WITH THE RESIDENTIAL USE.AREAS WILL BE DESIGNATED HIGH DENSITY (MUR-1) OR MODERATE DENSITY(MUR-2). Ar4­#2-Ea}2E{FZe}2 pte-FA T-Firvy9Fsa9 4w ew "�v4CS �TT�'u� rr-ry cunr r nr�nn-r -rum Jnr r n�zrr�.rr,-rn n�.rcnnn-rn-rrn�.r rnrnnn���nr��.r-r m�n-r�rTv r�r nur��u -rn nrrn�r�rnr�n-r� nr n�r�r�r� r n�rr�rTc�c r�r -rum �xrncur�rrT-rn�r cnrTnu� u�rTrn�rnr r ��r-r�u• T WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 10 rt ;11 ; vet;. ;t , a„rl ,94S 144PRG401 4f9e-rlv't, €. n-Pcvcvciic" tf-A 1 .,,;tb„r, a44440-4: 4rA.,,r4d 440 A,-O ffGIRPA-301441-4 z„L-1-iG "_A_4 GA_l,,-vc ,9vdvst44-B A.,4,:0 Sj9ererd a44rl iWFON'er ,9vrlv�t44-A-4 vPtIABS , . J2.p ;d d t,- /b,' G1 t' h- t CIx7 R 4-4- Ct t 4rl ! b c-�ccccvccrc-ornaicvLz'`vr"r�7cc�'r'ccnar�-�rcrci scTciccc-csnci-vrccna'c'crr`�' . J2f_o;,icce_--i9e-40G40-4-4oz�irzvvcrrfrt•=PPct6-tv, ROW t. _FnrrA G,F®r®r-kR;-®r 14 ;„G-„rlvS ,-vel;,PA-14e44t 0f G-Fvv,4b,,,,-,Y R44ad- mord- ,-vlaty WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 11 Peri; ,, 4 4�.rt,4„v,-0,44 to ;, 14 W lAT,4S i , t0l 59144,-v 4 Till �w�rb-rt-cczrvxrccc�cz `” o-ccvvvvozv--rccvnarb-crnrc�c�Caro-irmir. �1 } T G,4l st,vvt S1411 b,v .f C2�1 vt 4. F4�Starg-rig-PA f:s ;l l tO 4400-e-accSt 04244 POSSiblc b€ IAGAI r Proposed Amendment to Chapter 8. Transportation. Add new Policies: 8.1.9 THE CITY SHALL ADOPT THE FOLLOWING PEDESTRIAN, BICYCLE AND PUBLIC TRANSIT IMPROVEMENT STRATEGY IN ORDER TO ACCOMMODATE EXISTING AND PLANNED LAND USES IN THE WASHINGTON SQUARE REGIONAL CENTER: 1. Commuter Rail Service and Station: Washington County has proposed commuter rail services from Wilsonville to Beaverton on the existing freight line to the west of Highway 217. The City supports a commuter rail station in the vicinity of the North: Mall to Nimbus Overcrossing. 2. Pedestrian Improvements SW Greenburg Road: Construct pedestrian improvements on SW Greenburg Road between SW Hall Boulevard and Highway 217 to improve pedestrian crossing opportunities and safety. WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 12 3. Pedestrian Improvements- SW Hall Boulevard: Construct pedestrian crossing refine (median) on SW Hall Boulevard between SW Pfaffle Street and SW Locust Street to improve pedestrian crossing opportunities and safety. 4. Pedestrian And Bicycle Improvements- SW Locust Street: Realign SW 90th Avenue across SW Locust Street to provide a four-legged intersection at Locust Street. Construct curb extensions, sidewalks and bicycle lanes to provide improved non-auto accessibility across and along Locust Street. 5. Pedestrian Access Improvements- Washington Square Mall: Construct pedestrian improvements (e.g. sidewallcs, landscaping, and connections from parl6ng to the mall and surrounding arterials) in the Washington Square Mall area. 6. Identify potential bicycle network alignments with connections to existing bikeways, neighborhoods and activity centers, with particular emphasis on extending the Fanno Creek Bikeway along Ash Creek. 7. Construct a pedestrian trail within and/or around the Red Tail Public Golf Course. This presents an opportunity to provide a safe neighborhood walking/exercise area and to serve more of the population using existing resources. 8. Provide pedestrian/bicycle connections on local streets to, from and within new developments and redevelopments. 9. Identify potential bicycle network alignments with connections to existing bikeways, neighborhoods and activity centers, with particular emphasis on extending the Fanno Creek Bikeway along Ash Creek. 10. Shuttle/People Mover: Develop local area transit service operating between the Washington Square Mall area, the Nimbus/Cascade districts and Lincoln Center. The service could use the proposed connections across Highway 217. Initially a shuttle bus, in the future this service could be converted to some type of fixed route system. 11. Transit Center h-nprovements: Construct capacity and facility improvements (e.g. real tiime transfer infonmation, lighting, covered connections to the Mall, and additional bus bays) to the existing transit center at the Washington Square Mall. 12. Transit System Improvements: The City supports transit routing and frequency improvements in the Regional Center. Tri-Met has provided an outline of potential service improvements and planning that would need to occur to implement these improvements. The range of improvements include relocating the Transit Center to provide better connections into the Mall, coordinating park and ride facilities with the future corm-muter rail service, providing bus stop improvements in the Regional Center area, and decreasing transit service headways. Tigard, Tri-Met and employers or developers in the district should begin to develop a transit improvement plan for the district. WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 13 13. Travel Demand Management Program: The City recognizes the importance of developing a travel demand management program for the Regional Center area. A key features of this prograM will be a Transportation Management Association(TMA) that coordinates the means of decreasing demand for single occupant vehicles within the Regional Center area, parking management strategies, transit system improvements, and travel demand management programs. The City of Tigard, Beaverton, Washington County, Tri-Met, Metro, ODOT and employers in the area should begin to work together to refine this framework into a detailed plan for the area. 8.1.10 THE CITY SHALL ADOPT THE FOLLOWING AUTO AND ROADWAY IMPROVEMENT STRATEGY IN ORDER TO ACCOMMODATE EXISTING AND PLANNED LAND USES IN THE WASHINGTON SQUARE REGIONAL CENTER: 1. Near TeM1 Traffic Operations Improvements: Small-scale roadway operations improvement projects shall be implemented in the near fUtUre. These improvements correct existing system deficiencies or provide needed pedestrian, bicycle or transit facilities: a. Develop siWial tin-mng improvements on Greenberg Road between Highway 217 and the Washhigton Square Mall. b. Constnict a separate eastbound right tuM lane from Hall Boulevard to Scholls Ferry Road. This could require Hall Boulevard overcrosshig improvements. c. Constnict pedestrian improvements throughout the district. d. Develop a shuttle system coiumecting,Lhicohi Center, Washhigton Square Mall and Nimbus Business Park. e. Evaluate and confine that the southbound Hall Boulevard right tuM only lane into the Washhigton Square Mall at Paheblad Lane should be elheinated. Restripe as appropriate. £ Develop signal th-u�ng heprovements on Hall Boulevard that 111clude capabilities to allow buses that have fallen behind schedule to travel to the front of the queue and travel through the signal prior to other traffic ("queue jLueph1g capabilities") g. Develop direct access from the Washhigton Square Mall to the Target Store so that motorists do not have to travel on Hall Boulevard when travelhig between the two facilities. h In cooperation with the City of Beaverton and Tri-Met, identify a new Park& Ride site to replace the existhig site that was intended to be temporary. 2. Highway 217 Improvements: Identify and plan for the heplementation of heprovements to Highway 217 and its interchanges between Interstate 5 and Highway 26. 3. North: Mall to Niiebus Connection: Construct a bridge over Highway 217 coimecthig the Washington Square Mall with the Nitebus Business Center. The bridge would include a two-lane roadway, bike lanes, sidewalks and facilities for transit. The bridge is intended to be a facility for local travel within the Regional Center. WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 14 4. SW Nimbus Avenue: There are two components of the SW Nimbus Avenue hnprovements: a. North of Scholls Ferry Road: Modify the existing roadway(north of Scholls Ferry Road) to a 3-lane facility with parking, bike lanes and sidewallcs. Potential for streetscape improvements including solid median with specific tum slots to individual properties. b. Nimbus to Greenburg Cormection: Extend SW Nimbus Avenue to meet Greenbury Road. This would be a 5-lane roadway with bike lanes and sidewallcs, but no on-street parlcn g. 5. SW Lincoln Street: Modify Lincoln Street to provide a 3-lane section with par161g, bike lanes and sidewalks between SW Locust Street and SW Oak Street. 6. SW Hall Boulevard: The Washington Square Regional Center Task Force identified this project as the fifth priority for implementation in the Re-ional Center area. The project would first be constructed to 3-lane standards with sidewallcs and bike lanes at five lane limits between Oleson Road and Highway 217. If after other project recommendations have been constructed, it is found that Hall Boulevard still needs to be a five-lane facility the roadway would then be widened again. hi the 111terim, and as possible the City of Tigard or ODOT would acquire the right of way necessary for a five-lane section As a three or five-lane facility, this project includes landscaped median with desi-hated left tum pockets that also provide for improved pedestrian crossing opportunities. This is consistent with Metro the Reponal Boulevard Designation for Hall Boulevard. 7. SW Cascade Avenue: Improve the existing roadway(north and south of Scholls Ferry Road) to 3-lane standard with parl6ig, bike lanes and sidewalks. Potential for streetscape improvements i iclu6ig solid median with specific tum slots to individual properties. 8. SW Locust Street: Modify Locust Street between Hall Boulevard and Greenburg,Road to include a three-lane section with parl6ig, bike lanes, sidewallcs and other streetscape improvements to maintain as a lower speed street. 9. SW Oak Street: Modify the roadway to provide 2-lane section with parl6ig, bike lanes and sidewalk between SW Hall Boulevard and SW Lincoln Street. 10. Washington Square hntemal Roads: Constnict itnproveinents to existi ig Washington Square Mall intemal circulation roads to public street standards with bike lanes and sidewallcs. 11. Adopt the functional classification plan for streets 111temal to the Washington Square Regional Center as shown on Fi,"Lire 1. The following policies apply to local streets within the regional center: a. Local street spacnig shall be a maxiinuM of 530 feet. b. Access way spacnig shall be a maxiinuM of 330 feet. c. Spacnig of signalized intersections on Major Arterials shall be a minimuM of 600 feet. d. Existing rights of way will, to the greatest extent possible, be utilized for a local street WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 15 system. Right of way vacations will be considered only when all other policies ill this Subsection are met. 12. The transportation projects described in this section should be added to the City of Tigard's Transportation System Plan. The City, ODOT and Metro should work to include these nnprovements in regional and state nnplementation programs. 11.8.3 NECESSARY PUBLIC FACILITIES INCLUDING SEWER, WATER AND DRAINAGE FACILITIES, SHOULD BE IN PLACE OR PLANNED TO BE CONSTRUCTED IN TIME TO SUPPORT NEW DEVELOPMENTS. 11.8.4 NECESSARY TRANSPORTATION FACILITIES, AS DETERMINED BY A TRAFFIC IMPACT ASSESSMENT, SHOULD BE IN PLACE OR PLANNED TO BE CONSTRUCTED IN TIME TO SUPPORT NEW DEVELOPMENTS. Proposed Amendment to Chapter 12. Locational Criteria. Add a new Section 12.5: 12.5 MIXED USE DISTRICTS POLICY 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE PURPOSE STATEMENTS; AND C. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. 1. Mixed Use Commercial A. The purpose of the Mixed Use Commercial(MUC) land use designation is: 1. To create a dense mixed-use commercial district that forms the commercial core of the Washington Square Regional Center; 2. To create a high quality,mixed use commercial district, in conjunctions with the City of Tualatin, on the site of the former Durham Quarry. 3-2. To provide opportunities for major retail goods and services, office employment, and housing in close proximity, and with good access to transportation services; WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 16 44. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. 2. Mixed Use Employment A. The purpose of the Mixed Use Employment(MUE)land use designation is: 1. To create a mixed-use employment district that is complementary to the rest of the community and the region; 2. To provide opportunities for employment and for new business and professional services in close proximity to retail centers and major transportation facilities; 3. To provide for major retail goods and services accessible to the general public, and minor retail goods and services accessible to the public which works and lives within the MUE district; 4. To provide for groups and businesses in centers; 5. To provide for residential uses which are compatible with and supportive of retail and employment uses; 6. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center and Employment within the City of Tigard. 3. Mixed Use Residential A. The purpose of the Mixed Use Residential(MUR) land use designation is: 1. To create moderate and high density mixed use residential districts in close proximity to other mixed-use districts; 2. To provide opportunities for a variety of housing types and densities, and to produce that housing in ways that residents have a high degree of pedestrian amenities, recreation opportunities and access to transit; 3. To incorporate limited commercial and service uses within mixed-use projects that provide benefits and amenities to residents,but are compatible with residential uses. 4. To implement the Metro 2040 Growth Concept and Urban Growth Management Functional Plan for areas designated Regional Center within the City of Tigard. WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 17 Policies 12.5.2 THE CITY SHALL APPLY A MIXED USE COMMERCIAL LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT OR TO OTHER AREAS IDENTIFIED BY THE CITY AS APPROPRIATE FOR MIXED USE COMMERCIAL DEVELOPMENT.- 12.5.3 THE CITY SHALL APPLY A MIXED USE EMPLOYMENT LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER AND EMPLOYMENT IN THE METRO 2040 GROWTH CONCEPT. 12.5.4 THE CITY SHALL APPLY A MIXED USE RESIDENTIAL LAND USE DESIGNATION FOR AREAS SHOWN AS REGIONAL CENTER IN THE METRO 2040 GROWTH CONCEPT. IMPLEMENTATION STRATEGIES 1. The Community Development Code shall: a. Include-a two Mixed Use Commercial Districts; MUC and MUC-1 b. Include high density and moderate density Mixed Use Employment Districts; C. Include high density and moderate density Mixed Use Residential Districts. d. Require that: 1. Minimum residential densities and floor area ratios(FAR)be achieved; 2. Certain commercial uses be limited so that a pedestrian-oriented development pattern is achieved; 3. Design standards for pubic improvements, site design, building design, signs and landscaping are achieved in order to create high quality,pedestrian-oriented developments; 4. All areas be subject to Site Development Review. e. Provide for: 1. Limited adjustments, and phasing so that development standards can be achieved over time; 2. Lft-nited adjustments in development standards, including minimum density and FAR requirements, in cases where adjustments are necessary to avoid environmental impacts 3. Improvements to pre-existing uses and developments so that existing residents and businesses may continue to thrive; 4. Incentives to preserve and enhance significant wetlands, streams and WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 18 floodplains. WASHINGTON SQUARE REGIONAL CENTER PROPOSED COMPREHENSIVE PLAN AMENDMENTS REVISED 10-04-01 PAGE 19 EXHIBIT C STAFF REPORT TO THE TIGARD CITY COUNCIL Opry OF TIOARD Commu n ity Development Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: WASHINGTON SQUARE PHASE II CASE NO.: Comprehensive Plan Amendment (CPA) CPA2001-00002 Zone Ordinance Amendment (ZOA) ZOA2001-00002 PROPOSAL: Modify the adopted Development Code and Comprehensive Plan text as it relates to the Washington Square Regional Center. The Washington Square Regional Center Plan (Regional Center Plan) was adopted by the City Council in March of 2000, however Council voted to delay implementation of the Plan and code changes until an implementation plan was completed addressing specific areas of concern. The original Task Force was reconvened to work on the Washington Square Regional Center Plan: Phase II, Implementation (Implementation Plan). After 8 months of work by the Task Force, staff and consultant team, the Implementation Plan was completed and it was determined that additional amendments were needed to the Development Code and Comprehensive Plan in order to reflect the Implementation Plan findings. In addition, staff found several areas within the adopted text that needed to be clarified or cross referenced in the Development Code prior to it being used. The proposed amendments reflect the Implementation Plan recommendations and minor changes identified by staff. The proposal in front of the Planning Commission is to amend portions of: Development Code sections 18.360, 18.370, 18.520, 18.630, 18.760 and portions of Comprehensive Plan 1.1.1, 11.9 (previously numbered 11.8), 8.1.9 and 12.5.2. APPLICANT City of Tigard OWNER: Various 13125 SW Hall Blvd. Tigard, OR 97223 LOCATION: The area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. APPLICABLE REVIEW CRITERIA: The criteria applicable to the proposed amendments to the previously adopted Development Code and Comprehensive Plan are: Community Development Code Sections, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 3.4.24 8.1.1, and 8.2.1; Statewide Planning Goals 1, 2, 5, and 12; and Metro Functional Plan Titles 1, 3, 4, and 7 and the Regional Transportation Plan. SECTION II. RECOMMENDATION The Planning Commission voted to recommend APPROVAL of the requested Comprehensive Plan amendment and Development Code amendments to the City Council. CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 1 EXHIBIT C SECTION III. BACKGROUND INFORMATION History In 1996, Metro adopted a visionary plan for regional development. This regional plan is known as the Metro 2040 Growth Concept. Focusing development and growth in regional centers represented a key aspect of supporting growth of the area and preserving livability. The Washington Square Regional Center represents one of three regional centers in Washington County and one of seven in the metropolitan region. The area consists of 1,250 acres of land and includes land in Tigard, unincorporated Washington County and the City of Beaverton. With funding from a Transportation and Growth Management Grant (TGM), a master planning effort was undertaken by the City of Tigard, the City of Beaverton and Washington County to develop the boundaries and a plan for the regional center. A 23 member Task Force was assembled and met for over a year to develop the plan. Once the Plan was complete and accepted by the Task Force, the Planning Commission and City Council held hearings and determined that there were several areas of concern that needed additional review before the Plan and development and design standards should become effective. The original Task Force was reconvened (with a few new members, for a 25 member Task Force) and 4 sub-committees were formed to review the remaining issues in detail. On July 25, 2001 the Task Force accepted the findings and recommendations from the sub-committees and passed a resolution forwarding the Implementation Plan components to the City Council so that they could implement the Regional Center Plan. As a piece of the Task Force findings, it was determined that minor changes were needed to the Development Code and Comprehensive Plan above and beyond the changes previously adopted. A joint Planning Commission and City Council work session was held on August 21, 2001 to review the Task Force's recommendations. At this meeting, City Council directed staff to move forward with the implementation process for the Washington Square Regional Center and final adoption of the Comprehensive Plan and Development Code amendments. The Planning Commission held a public hearing on December 3, 2001 to consider the proposed amendments and voted to recommend approval. Vicinity Information The affected parcels and street system are within the area known as the Washington Square Regional Center. The area consists of 1,250 acres of land and includes land in Tigard, unincorporated Washington County and the City of Beaverton. The area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. Proposal description The Washington Square Regional Center consists of 1,250 acres, the majority of which is in the City of Tigard. When the Regional Center Plan was adopted by Council in March of 2000, Development Code and Comprehensive Plan text amendments were also adopted but implementation was delayed. The Task Force working on the Implementation Plan identified several additional amendments needed in order to implement the Regional Center Plan. In addition, staff found several formatting and clarification issues that needed to be addressed before the previously approved amendments could be effectively implemented. The proposal is to adopt the changes to the previously approved Development Code and Comprehensive Plan to reflect the Washington Square Regional Center Implementation Plan recommendations. CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 2 EXHIBIT C The following provides a summary of the Comprehensive Plan changes: ■ Added findings of the section of the Comprehensive Plan regarding the Washington Square Regional Center to reflect work of the implementation plan. ■ Replaced the transportation improvement strategy section that was previously adopted with a more comprehensive strategy including pedestrian, bicycle, and transit. The new transportation strategy is based on recommendation from the (Transportation Technical Advisory Subcommittee) TTAS and Task Force. ■ Staff added language in the locations criteria information to allow for additional mixed use sites such as the Durham Quarry. ■ Included language that provides for adjustments to development standards and minimum density when necessary to avoid environmental impacts. The following provides a summary of the Development Code changes: ■ Amended 18.360 (Site Development Review, 18.370 (Variances and Adjustments), 18.520 (Commercial zoning Districts), 18.630 (Washington Square Regional Center), and 18.760 (Non-Conforming Situations) to re-format the adopted standards to fit into the existing Development Code and to clarify and cross reference the standards throughout the code. ■ Added text, based on the Task Force recommendation, to allow for modifications to the dimensional standards and minimum density requirements for developments abutting water resources areas. SECTION IV SUMMARY OF REPORT ❑ Applicable criteria, findings and conclusions ❑ Tigard Development Code 18.390 ❑ Statewide Planning Goals ❑ Applicable Comprehensive Plan Policies ❑ Applicable Metro Standards ❑ Additional City staff and outside agency comments SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS Tigard Development Code 18.390 Chapter 18.390.060G states that for legislative map and text amendments (Comprehensive Plan and Development Code) the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: ❑ The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; ❑ Any federal or state statutes or regulations found applicable; ❑ Any applicable Metro regulations; ❑ Any applicable Comprehensive Plan policies; and ❑ Any applicable provisions of the City's implementing ordinances. This report addresses the applicable standards listed above and demonstrates that the proposed amendments comply with all applicable Statewide Planning Goals, Metro regulations, Comprehensive Plan policies and provisions of the Development Code. There are no applicable federal or state regulations other than those previously listed. CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 3 EXHIBIT C FINDING: As discussed in detail throughout this report, the proposed amendments comply, or can be conditioned to comply, with the standards outlined in 18.390.060.G. Statewide Planning Goals The following Statewide Planning Goals were found to be inapplicable to the proposed Development Code and Comprehensive Plan amendments: Statewide Planning Goal 3—Agricultural Lands, Statewide Planning Goal 4— Forest Lands, Statewide Planning Goal 6—Air, Water and Land Resource Quality, Statewide Planning Goal 7— Natural Disasters and Hazards, Statewide Planning Goal 8— Recreational needs, Statewide Planning Goal 9— Economic Development, Statewide Planning Goal 10— Housing, Statewide Planning Goal 11 — Public Facilities and Services, Statewide Planning Goal 13— Energy Conservation, Statewide Planning Goal 14— Urbanization, Statewide Planning Goal 15—Willamette River Greenway, Statewide Planning Goal 16— Estuarine Resources, Statewide Planning Goal 17—Coastal shorelands, Statewide Planning Goal 18— Beaches and Dunes, and Statewide Planning Goal 19—Ocean Resources. Statewide Planning Goal 1 —Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. In addition, notice was mailed to all property owners within the Washington Square Regional Center and within 500 feet of the regional center and notice was published in the Tigard Times prior to the hearing. Two public hearings are held (one before the Planning Commission and the second before the City Council) in which an opportunity for public input is provided. Statewide Planning Goal 2— Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies, with which to evaluate a request for amending the Code consistent with Goal 2. As discussed within this report, the proposed amendments comply with the Development Code and Comprehensive Plan criteria. Statewide Planning Goal 5— Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 4 EXHIBIT C This goal is met because the proposed code amendment allows for flexibility of standards when a project is adjacent to Natural Resources to protect resources above and beyond the protections already in place on a local, regional, state and federal level. Statewide Planning Goal 12 -Transportation: This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. The proposed amendments will not significantly alter the planned improvements previously approved. The amendments refine the necessary transportation improvements based on the Task Force findings and provide for more multi-modal development as policy in the Comprehensive Plan. The revised Comprehensive Plan language will continue to encourage a safe, convenient and economic transportation system. FINDING: Based on the analysis above, staff finds that the proposed amendments do not violate applicable Statewide Planning Goals. Applicable Comprehensive Plan Policies Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under"Statewide Planning Goals". The proposal conforms with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be appropriate to the scale of the planning effort. The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners within 500' of all properties within the Washington Square Regional Center and has been published in the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to participate in it. Natural Areas: Policy 3.4.2.d states that the City shall address Goal 5 requirements pertaining to the preservation of wetlands and that citizens will participate in making policy recommendations. The proposed Development Code amendments are based on recommendations from the Washington Square Regional Center Task Force which was made up of citizens, representatives from the business community and agency staff. The standards go further to protect natural areas by providing for additional flexibility to underlying zoning standards in order CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 5 EXHIBIT C to protect the natural resources. In addition, there are already standards in place which limit the density of development adjacent to the natural resource areas and regulates buffers. Traffic ways: Policy 8.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The amendments to the Comprehensive Plan refine the original amendments which provide a plan for a transportation system, including alternative modes of transportation, that are safe and efficient. Public Transportation: Policy 8.2.1 states that the City shall coordinate with Tri-met to provide a system that meets both the current and projected needs of the community. Tri-met was an active participant in both phases of the Washington Square Regional Center Plan. The amendments to the Comprehensive Plan regarding transportation, transit and other alternative modes of transportation are based on comments and input from the Task Force. FINDING: Based on the analysis above, the proposed amendments comply with the applicable Comprehensive Plan standards and criteria. Applicable Metro standards 2040 Growth Concept/Functional Plan The Metro 2040 Growth Concept map identifies the Washington Square area as a regional center. The 2040 Plan required Tigard to demonstrate how it could comply with the concepts of the 2040 plan including housing and jobs. The Washington Square Regional Center Plan has been adopted by the City Council but implementation was delayed until further study could be done on several areas of concern including: transportation, parks and open spaces, natural resources and storm water. The proposed amendments to the Comprehensive Plan and Development Code are in response to the additional work done to complete the implementation plan. Because the amendments are needed to fully address the regional center plan vision and goals, the proposed changes support the regional center plan, the 2040 Plan and the Metro growth concept. The elements of the Functional Plan that are applicable to these code amendments are: Title 1, Title 3, and the Regional Transportation Plan. The remaining elements of the functional plan do not apply to the proposed Development Code or Comprehensive Plan changes. The Washington Square Regional Center Plan and original Development Code and Comprehensive Plan changes were previously reviewed for compliance with the Metro Functional Plan and findings made that confirmed the plan complies with the Metro standards. Metro Functional Plan Title 1 — Requirements for Housing and Employment Accommodations Functional Plan policies in Title 1 seek ways to increase the capacity within the urban growth boundary, such as changing local zoning to accommodate development at higher densities in locations supportive of the transportation system. While the proposed amendments allow for flexibility of development standards and density for developments adjacent to natural resource areas, the City would continue to meet its target population. The Washington Square Regional Center Plan provides an excess capacity "safety CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 6 EXHIBIT C net" for the City therefore, a possible reduction in density will not bring the City below its required target populations. Metro Functional Plan Title 3 — Water Quality, Flood Management, and Fish/Wildlife Habitat Conservation protect beneficial uses and functional values of water quality and flood management resources by limiting uses in these areas. Establish buffer zones around resource areas to protect from new development. As stated previously in this report, a portion of the Development Code is proposed to be amended to allow flexibility for developments when they are adjacent to natural resource areas. This is in addition to the City's, Clean Water Services (formally USA), state and federal standards protecting natural resource areas. The Clean Water Services standards are intended to comply with Metro's Title 3. The proposed amendments, therefore, do not conflict with Title 3 requirements. Regional Transportation Plan — The RTP provides a regional plan for transportation improvements and requires City's plans to be consistent. The RTP also provides plans for Transit, TDM and pedestrian mobility. The RTP replaces Metro Functional Plan Title 6. The proposed Comprehensive Plan amendments refine the necessary transportation improvements based on the Task Force findings and provide for more multi-modal development as policy in the Comprehensive Plan. The revised Comprehensive Plan language will continue to encourage a safe, convenient and economic transportation system and is consistent with the RTP. FINDING: Based on the analysis above, the proposed amendments comply with the applicable Metro standards. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The Regional Center Plan was reviewed by a 25 member Task Force which included representatives from Washington County, Beaverton and Metro. In addition, staff sent request for comments to the following agencies and staff for comments on the proposed amendments: City of Tigard Engineering Department, Clean Water Services, Metro, Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, Oregon Department of Land Conservation and Development, Oregon Department of Transportation, Oregon Division of State Lands, Washington County, and the City of Beaverton. No comments were received. January 9, 2002 PREPARED BY: Julia Hajduk DATE Associate Planner CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 7 EXHIBIT C January 9, 2002 APPROVED BY: Barbara Shields DATE Long Range Planning Manager is\Irpin\julia\CPA\Washington square\wash sq. phase II CC staff report.doc 1-8-02 10:52 AM CPA2001-00002/ZOA2001-00002 WASHINGTON SQUARE CODE AND COMPREHENSIVE PLAN AMENDMENT Page 8 Attachment 1 To be included as Exhibit D to Ordinance Supplemental findings to Staff Report Statewide Planning Goals The Washington Square Regional Center Plan and Comprehensive Plan and Development Code changes to implement the plan were adopted by the City Council in March 2000. Findings were made showing compliance with the Statewide Planning Goals in the staff report adopted as an exhibit to the Ordinance (00-18) at that time. Those changes were not challenged and are now deemed acknowledged. The findings made within this report support the proposed amendments under consideration at this time and do not pertain to the adoption of the Washington Square Regional Center Plan or Comprehensive Plan and Development Code amendments previously approved. The proposed amendments under consideration at this time are as follows: The proposed Comprehensive Plan changes: 1.) Add findings of the section of the Comprehensive Plan regarding the Washington Square Regional Center to reflect work of the implementation plan; 2.) replace the transportation improvement strategy section that was previously adopted with a more comprehensive strategy including pedestrian, bicycle, and transit. The new transportation strategy is based on recommendation from the (Transportation Technical Advisory Subcommittee) TTAS and Task Force; 3.) add language in the locations criteria information to allow for additional mixed use sites such as the Durham Quarry (adopted after the Washington Square Regional Center Plan in June, 2001); and 4.) include language that provides for adjustments to development standards and minimum density when necessary to avoid environmental impacts. The proposed Development Code changes: 1.) amend 18.360 (Site Development Review, 18.370 (Variances and Adjustments), 18.520 (Commercial Zoning Districts), 18.630 (Washington Square Regional Center), and 18.760 (Non-Conforming Situations) to re-format the adopted standards to fit into the existing Development Code and to clarify and cross reference the standards throughout the code; and 2.) add text, based on the Task Force recommendation, to allow for modifications to the dimensional standards and minimum density requirements for developments abutting water resources areas. Below is an analysis of applicability of each Statewide Planning Goal in relation to the proposed amendments: Statewide Planning Goal 1 — Citizen Involvement This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Analysis: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. In addition, notice was mailed to all property owners within the Washington Square Regional Center and within 500 feet of the regional center and notice was published in the Tigard Times prior to the hearing. Two public hearings were held (one before the Planning Commission and the second before the City Council) in which an opportunity for public input was provided. Conclusion: The proposed amendment process is consistent with this goal. 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. Analysis: The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies, with which to evaluate a request for amending the Code consistent with Goal 2. As discussed within this report and in the original staff report, the proposed amendments comply with the Development Code and Comprehensive Plan criteria. Conclusion: The proposed amendments are consistent with this goal. Statewide Planning Goal 3 —Agricultural Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain agricultural lands. Analysis: This goal is not applicable to the proposed Comprehensive Plan and Development Code amendments because the amendments do not affect any designated agricultural land. Conclusion: This goal is not applicable. Statewide Planning Goal 4— Forest Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain forest lands. Analysis: This goal is not applicable to the proposed Comprehensive Plan and Development Code amendments because the amendments do not affect any acknowledged forest lands. Conclusion: This goal is not applicable. Statewide Planning Goal 5 — Natural Resources Requires the inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. Analysis: This goal is met because the proposed code amendment allows for flexibility of standards when a project is adjacent to Natural Resources to protect resources above and beyond the protections already in place on a local, regional, state and federal level. The City has previously adopted the required inventories and protective measures and the changes enhance the existing protective measures by allowing additional ways to protect resources. Conclusion: The proposed amendments are consistent with this goal. Statewide Planning Goal 6 — Air, Water and Land Resource Quality This goal is intended to maintain and improve the quality of air, water and land resources of the state by controlling waste and process discharges. Analysis: The mixed use nature of the Regional Center will help maintain and improve air, water and land resources quality by reducing vehicle trips, miles traveled, providing denser development patterns which maximizes land and provides a population density that supports alternate modes of transportation such as transit, bicycling and walking. This will effectively reduce air quality impacts. In addition, existing and proposed regulations for development adjacent to natural resources will continue to provide protections of water quality. New development adjacent to resource areas will in some cases be required to improve resource areas in order to get approvals for any mitigation. Conclusion: The proposed amendments are consistent with this goal. Statewide Planning Goal 7 — Natural Disasters and Hazards This goal is intended to protect life and property from natural disasters and hazards. Analysis: There are areas in the Regional Center that are in the 100 year floodplain and subject to flooding. In addition, the area is identified (as is much of the Tigard area) as having a high earthquake hazard. The relative hazard is based on factors of ground motion amplifications, liquefaction, and slope instability. All new developments are required to be constructed in accordance with accepted standards regarding earthquake safety, slides, etc_ In cases where soil stability is a question, geotechnical reports may also be required. In regards to floodplain and floodway issues, the City is currently in compliance with this goal and will continue to be so because there are standards regulating development adjacent to and within the floodplain which severely limit any development in the floodplains and require a "no net increase" in the flood level. The City's Comprehensive Plan has been acknowledged by the Department of Land Conservation and Development (DLCD) and the Development Code implements the Comprehensive Plan. It should be stressed that any development will be required to show that it is not resulting in an increase in flood level in order to do any alteration of the floodplain. If alteration of the floodplain is proposed, the City regulations require extensive engineering documentation, approval from Division of State Lands (DSL), US Army Corps of Engineers and other regulating agencies, and a public hearing for any alteration of the floodplain. Conclusion: The proposed amendments are consistent with this goal. Statewide Planning Goal 8 — Recreational Needs This goal requires that the recreational needs of the citizens of the state and visitors be considered and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Analysis: This goal is not directly applicable to the proposed Comprehensive Plan and Development Code amendments because the amendments proposed for adoption do not change any zoning or standards applicable to recreation. The amendments are consistent with the goal because the only amendment that relates in any way to this goal provides for reduction of density and development standards for developments abutting water resource areas if necessary to comply with resource protection regulations. Conclusion: To the extent water resource areas serve recreational needs, the amendments are consistent with the goal because they provide greater protections for those areas. Statewide Planning Goal 9 — Economic Development This goal requires the provision of adequate opportunities for a variety of economic activities. Analysis: The amendments proposed for adoption do not substantially change the zoning or uses from the existing adopted text (adopted March, 2000). The existing Comprehensive Plan and Development Code comply with Goal 9 by providing adequate opportunities for a variety of economic activities. Those opportunities remain essentially intact. The only amendment that could affect economic development in any way is the amendment which provides for reduction of density and development standards for developments abutting water resource areas if necessary to comply with resource protection regulations. Even with this amendment, the Comprehensive Plan and Development Code still provide for a variety of economic activities and providing additional protection of water resource areas will have minimal effects on economic activities. There is an inherent tension between maximizing protection under Goal 5 and maximizing economic development under Goal 9. Conclusion: The Comprehensive Plan and Development Code, as amended, continue to appropriately balance these goals by protecting natural resources while encouraging economic development that has less impact on natural resources. Statewide Planning Goal 10— Housing This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Analysis: The amendments proposed for adoption do not change the zoning, uses or density from the existing adopted text (adopted March, 2000) except for the amendment which provides for reduction of density and development standards for developments abutting water resource areas if necessary to comply with resource protection regulations. The Comprehensive Plan and Development Code, as amended, will continue to provide substantial opportunities for housing units of various types and prices, including housing within the Washington Square plan area. Goal 10 must also be balanced with Goal 5, and the plan and code as amended balance the goals by protecting natural resources while allowing the development of housing in areas that will have less impact on natural resources. Conclusion: The Comprehensive Plan and Development Code, as amended, continue to appropriately balance these goals by protecting natural resources while allowing the development of housing in areas that will have less impact on natural resources. Statewide Planning Goal 11 — Public Facilities and Services This goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Analysis: The adoption of the Washington Square Regional Center Plan (March, 2000) included adoption of the transportation plan and parks and open spaces plan. The Implementation Plan components relating to these issues make additional recommendations to clarify the plans already approved. These plans and the Tigard Transportation System Plan support the existing land uses and the proposed land use and development potential in the Washington Square Regional Center area. Conclusion: The Comprehensive Plan and Development Code, as amended, continue to comply with this goal by requiring coordination of development and the provision of public facilities and services. Statewide Planning Goal 12 -Transportation This goal is intended to provide and encourage a safe, convenient and economic transportation system. This Goal is implemented by Oregon Administrative Rule 660- 12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. Analysis: The proposed amendments will not significantly alter the planned improvements previously approved. The amendments refine the necessary transportation improvements based on the Task Force findings and provide for more multi-modal development as policy in the Comprehensive Plan. The revised Comprehensive Plan language will continue to encourage a safe, convenient and economic transportation system and will continue to assure that allowed land uses are consistent with the transportation infrastructure. The mixed use nature of the Regional Center, which is unaffected by the amendments, will reduce vehicle trips and miles traveled by providing denser development patterns and provide a population density that supports alternate modes of transportation such as transit, bicycling and walking, thereby improving the efficiency of the transportation system. The amendments have little effect on transportation. Conclusion: The Comprehensive Plan and Development Code, as amended, continue to be consistent with this goal. Statewide Planning Goal 13 — Energy Conservation This goal requires that land and uses developed on land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Analysis: The amendments proposed for adoption do not change the zoning or uses from the existing adopted text except for the amendment which provides for reduction of density and development standards for developments abutting water resource areas if necessary to comply with resource protection regulations. The mixed use nature of the Regional Center will reduce vehicle trips and miles traveled, and provide a population density that supports alternate modes of transportation such as transit, bicycling and walking. These previously adopted provisions promote energy conservation and the amendments do not change these benefits. Conclusion: The Comprehensive Plan and Development Code remain consistent with this goal. Statewide Planning Goal 14— Urbanization This goal requires the orderly and efficient transition from rural to urban land use. Analysis: This goal is not applicable because the urban growth boundary and transition from urban to rural zoning is not part of the proposed Comprehensive Plan and Development Code amendments. The areas affected by the amendments are already urban. Conclusion: This goal is not applicable. Statewide Planning Goal 15—Willamette River Greenway Required protection, conservation and enhancement of lands along the Willamette River Greenway. Analysis: The Washington Square Regional Center is not within the Willamette River Greenway, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 16— Estuarine Resources This goal requires recognition and protection of unique environmental, economic and social values of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the long-term environmental, economic and social values diversity and benefits of Oregon's estuaries. Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal does riot apply. Conclusion: This goal is not applicable. Statewide Planning Goal 17 — Coastal Shorelands This goal requires conservation, protection and, where appropriate, restoration of coastal shorelands. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion`. This goal is not applicahle_ Statewide Planning Goal 18 — Beaches and Dunes This goal requires conservation, protection, and where appropriate, restoration of coastal beaches and dunes. Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes within the Regional Center, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 19 —Ocean Resources This goal requires conservation of the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. FINDING: Based on the analysis above, staff finds that the proposed amendments are consistent with all applicable Statewide Planning Goals. I:Irpin/julia/cpa/washington sq/CC adoption wash sq memo3.doc 2/26/01