Ordinance No. 06-16 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06-!IP
AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY
DEVELOPMENT CODE, CHAPTERS 18.120 AND 18.350, TO CREATE A NEW PURPOSE
STATEMENT, APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS
FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS.
(DCA 2006-00003) AS AMENDED
WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code
Chapters 18.120 and 18.350, to create a new purpose statement, approval process, approval criteria and
other revisions for Planned Developments; and
WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days
prior to the first scheduled public hearing; and
WHEREAS, the Tigard Planning Commission held a public meeting on September 18, 2006, and
recommended approval of the proposed amendment (with additional revisions) by motion with a
unanimous vote; and
WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies; and any applicable provisions of the City's implementing ordinances; and
WHEREAS, the Tigard City Council has found the following to be the only applicable review
criteria: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, and 18.390.060;
Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning Goals 1 and 2.
WHEREAS, the Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and that approving the request would be in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are
hereby adopted and approved by the City Council.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
ORDINANCE No. 06-
Page 1
PASSED: By QJ�;I �S vote of all Council members present after being read by
number and title only, this a'/-day of �2 Qit , 2006.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council thia_�/— day of __�C '�-Q/(c 32006.
Craig D' ksen,Mayor
Approved as to form:
Attorney
�o -
Date
ORDINANCE No. 06- rl
Page 2
"EXHIBIT A"
City of Tigard
DCA 2006-00003
Planned Developments Code Amendment
October 2006
Explanation of Formatting
These text amendments employ the following formatting:
Str4kethyeugh— For text to be deleted
[Bold and Italic]— For text to be added
Chapter 18.120
DEFINITIONS
[55. "Density bonus"—Additional dwelling units that can be earned as an incentive for
providing undeveloped open space, landscaping, or tree canopy as defined further in this code.]
[87. "Landscaping"—Areas primarily devoted to plantings, trees,shrubs, lawn and other
organic ground cover together with other natural or artificial supplements such as water courses,
ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways,
sculptures, trellises and screens.]
[104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly
owned.
a. Minimal Use Facilities. No other improvements (apart from underground utilities and
natural and ecological enhancements) are allowed.
b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses
related to the functions and values of a natural area that require limited and low impact
site improvement, including soft surface trails, raised walkways,pedestrian bridges,
seating areas, viewing blinds, observation decks informational signage, drinking
fountains,picnic tables, interpretive centers, and other similar facilities.
Accommodations for ADA access shall be provided where site considerations permit.
c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater
degree of site development and/or ground disturbance;such as sports fields,playground
equipment,group picnic shelters,swimming pools, hard and soft surface pathways,
restrooms, and similar facilities.]
[Renumber definitions after#55 according to the above amendments]
Page 1 of 21 October 24, 2006
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose
18.350.020 The Process
18.350.030 Administrative Provisions
18.350.040 Noneomplianee! Bond
18.350.050 ApplieabiW in CommeFeial and Industrial Zones
18.350.060 Allowed Use
18.350.070 Applieability of the Base Zone Development Standards
18.350.080 Exeeptions to Under-lying Development Standards
8.3xv 500090 118.350.0401 Conceptual-Develep t Plan Submission Requirements
[18.350.050 Concept Plan Approval Criteria]
[18.350.060 Detailed Development Plan Submission Requirements]
[18.350.070 Detailed Development Plan Approval Criteria]
18.350.100 A,,,,,,,yal Criteria
18.350.110 Shared Open Spaee
18.350.010 Purpose
A. Purpose. The purposes of the planned development overlay zone are:
i To provide a means for-or-eating planned envir-enmerAs flffeugh the applieatien of flexible
standards, i.e., zero lot 1' �,,r-stfeets, and other innovative plamiiag pr-ac4iees vAiieh will
result in a superior-living affangement-,-
o of land;
systems,3 To promote an e agement of land use, bttildings, eir-eulation
epe
app, and utilities;
4 To pr-esefve to the greatest ex4ent possible the existing landseape features and amenities
tIffeugh the use of a p! idufe that ean relate the type and design of a development to a
pca4vuiznsite;-and
5 Te eneoufage development that r-eeegnizes the r-elafiensMp between buildings,their
,
open spaee, and aeeessways and theFeby mffldmizes the eppeFwnities for innovative and diversified
livingnts
[I. To provide a means for property development that is consistent with Tigard's Comprehensive
Plan through the application of flexible standards which consider and mitigate for the
potential impacts to the City; and]
[2. To provide such added benefits as increased natural areas or open space in the City,
alternative building designs, walkable communities, preservation of significant natural
resources, aesthetic appeal, and other types of assets that contribute to the larger community
in lieu of strict adherence to many of the rules of the Tigard Community Development Code,
and]
Page 2 of 21 October 24,2006
[3. To achieve unique neighborhoods (by varying the housing styles through architectural
accents, use of open space, innovative transportation facilities) which will retain their
character and city benefits, while respecting the characteristics of existing neighborhoods
through appropriate buffering and lot size transitioning; and]
[4. To preserve to the greatest extent possible the existing landscape features and amenities
(trees, water resources, ravines, etc.) through the use of a planning procedure (site design and
analysis,presentation of alternatives, conceptual review, then detailed review) that can relate
the type and design of a development to a particular site, and]
[5. To consider an amount of development on a site, within the limits of density requirements,
which will balance the interests of the owner, developer, neighbors, and the City;and]
[6. To provide a means to better relate the built environment to the natural environment through
sustainable and innovative building and public facility construction methods and materials.]
18.350.020 The Process
A. Applicable in all zones. The planned development designation is an overlay zone applicable to all
zones. [An applicant may elect to develop the project as a planned development, in compliance
with the requirements of this chapter, or in the case of a commercial or industrial project, an
approval authority may apply the provisions of this chapter as a condition of approving any
application for the development.]
B. Elements of approval process. There are three elements to the planned development approval
process, as follows:
1 The approval of the planned development e 1
2 The „1 of the planned development ent. +plan; .a
�.... ."..Nyi�....i vi auv Yi..uuavu uvv'v
3 The appr-eya of the detailed,l 1 +plan.
[l. The approval of the planned development concept plan; and
2. The approval of the detailed development plan.
3. The approval of the planned development overlay zone.]
C. Decision-making_process. A new planned development ever-lay zone and/or- eeneept plan shall
be ,a by means of„ Type H! yr face ecru oyeme'l by ce��390 050
.,,,e e � �g cr-v�� ,
approva4 er-iter-ia eantained in SeeAon 18.350.100. The detailed develepmeiA plan shall
reviewed by means of a Type 11 ec,1,,,. as governed 1, 18.390.040, cow that it is
substantially in eemplianee with the approved eeneept development plan. in the ease of
existing planned develepmefA ever-lay zone for- any other- type of appheation, the appheation
shall be reviewed tmder- the pr-evi ed in the ehapters whieh apply to the paftieula
lana , ,,,1ieat;..„
[l. The concept plan shall be processed by means of a Type III-PC procedure, as governed
by Section 18.390.050, using approval criteria contained in Section 18.350.050.1
Page 3 of 21 October 24, 2006
[2. The detailed development plan shall be reviewed by means of a Type III-PC procedure,
as governed by 18.390.050, to ensure that it is substantially in compliance with the
approved concept plan.]
[3. The planned development overlay zone will be applied concurrently with the approval of
the detailed plan.]
[4.Applicants may choose to submit the concept plan and detailed plan for concurrent
review subject to meeting all of the approval criteria for each approval.All applicants are
advised that the purpose of separating these applications is to provide them clear
direction in developing the detailed plans. Rejection of the concept plan will result in a
corresponding rejection of the detailed development plan and overlay zone.]
[5. In the case of an existing planned development overlay zone, once construction of the
detailed plan has been completed, subsequent applications conforming to the detailed
plan shall be reviewed under the provisions required in the chapter which apply to the
particular land use application.]
[6. If the application involves subdivision of land, the applicant may also apply for
preliminary plat approval and the applications shall be heard concurrently with the
detailed plan.]
1;Wiens- The-aplic-ation femme-ever-lay zone
and for- reval of the eeneept"—development l a3be heafd eenetwFei#ly ifapplio �
U Ll Vll 1V1 VUVll of L11V UV
E. Genouffent overlay zone and subdiuisi-AiR-p
1; ,+; .,,, if the .,1; ,t;
on involves subdivision of
land, the applieant may apply for pr-efifninar-y plat approval and the applieations shall be heard
eeneuffently,
[D. Concurrent Annlications for Concept Plan and Detailed Plan. In the case of concurrent
applications for concept plan and detailed development plan, including subdivision applications,
the applicant shall clearly distinguish the concept from the detailed plan. The Planning
Commission shall take separate actions on each element of the Planned Development
application (Le. the concept approval must precede the detailed development approval); however
each required action may be made at the same hearing.]
18.350.030 Administrative Provisions
[A. Time limit on filing of detailed development plan. The concept plan approval expires after
1-1/2 years unless an application for detailed development plan and, if applicable, a
preliminary plat approval or request for extension is filed.Action on the detailed development
plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as
governed by Section 18.390.050, using approval criteria in 18.350.070.1
A.[B.] Zoning map designation. I." e., la led dV elVmer* ever-lay zone 7 been appr-eved,
[The planned development overlay zone application shall be concurrently approved if the
Page 4 of 21 October 24, 2006
detailed development plan is approved by the Planning Commission.]The zoning map shall be
amended to indicate the approved planned development designation for the subject development
site. The approval of the planned development overlay zone shall not expire.
B. Time limit on filing of detailed develepfnei# plan. Within 1 W2 years after- the date -of
Gefiffnis I of the eeneeptual development plan, the evffier- shall prepare and file m4th
'l-tail d development plan. Ae4ien on the detailed development plan shall-be
minister-al .,n.1 taken by the 1 i,.eete,. by means nf a TypeTrOe$dlr-e, as ge v em 'lcc by See
1 4.✓I 390. 40appr-eval e«;te,.;s bele
1 V �0, {.GJln
approved,1. The Dir-eeter- shall approve the detailed development plan upon finding that the final plan
eenfei:ms with the eeneeptual development plan
or- approved with eenditions b
the GawAnissien. The detailed plan shall be approved tmiess the Dir-eeter-finds:
a. The ehans e s
eLLJVJ the lel„ ent'.,i .1ethes;ti n the lets a _
L11V n, � l. "
buildings or re,1„ es the e,..,e,,..,t f k .
b� �.avv� Lu11V Lu1L�1-OCLI'1iT11Z.
1 tJ b. The ehange r-eduees the ametmi of open spaee and ;
The TL,e evh nge; elves n el.,snge ;
v. i ',
d. The ellange eenunits land to development whieh is enixir-emnepAally sensitive &F
subjM to i1 pete fia4 h r. '1rd; and
e. The el,snese ;" ..1
Y'V1t>en n ;hift n the loestion .,f1.,,ildi nn proposed street,
YVJ LL'M
par-king lot n n figu.etVn,utility easements, lnnlsesn;ng e other-site improvements.
2. A deeision by the Dir-eeter- may be appealed by the applieai# or- other- affeete&appr-ev
pai4ies to the Gopmnission and the Genmnission shall deeide whether- the detailed
development plan substapAially eenfonns to the appFeved eoneeptual development plan
based on the er-iteria set fE.lr-th in Sk1bseetion 1 oof of seetion. This appeal shallbe g6 Ed
by provisions of Seetion 1 4 inn 04O
C. Extension. The Director shall,upon written request by the applicant and payment of the required
fee, grant an extension of the approval period not to exceed one year provided that:
1. No changes have been made on the original conceptual development plan as approved by
the Commission;
2. The applicant can show intent of applying for detailed development plan[or preliminary
plat] review within the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
D. Phased development.
1. The Commission shall approve a time schedule for developing a site in phases, but in no case
shall the total time period for all phases be greater than seven years without reapplying for
conceptual development plan review.
2. The criteria for approving a phased detail development plan proposal are that:
Page 5 of 21 October 24, 2006
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of
temporary public facilities. A temporary public facility is any facility not constructed to
the applicable City or district standard.
E. Substantial modifications to conceptul plan. [If the Planning Commission finds that the
detailed development plan or preliminary plat does not substantially conform to the concept
plan, a new concept plan shall be required.] Subs*�edireatie�e to the approved
ll
VVV V1J4KlAl KV Y V1 Vt./111V111,plan o o
[F. Noncompliance. Noncompliance with an approved detailed development plan shall be a
violation of this chapter.]
[G. Issuance of occupancy permits. The development shall be completed in accordance with the
approved detailed development plan including landscaping and recreation areas before any
occupancy permits are issued. However, when the Director determines that immediate
execution of any feature of an approved detailed development plan is impractical due to
climatic conditions, unavailability of materials, or other temporary condition, the Director shall,
as a precondition of the issuance of a required permit, require the posting of a performance
bond or other surety to secure execution of the feature at a time certain not to exceed one year.]
materials,18.350.040 Noneomplianee! Bond
A. NemepmyIj.aBqt. Noneemplianee with an approved detailed develepmepA plan shall be-a
violation of this ehapter-.
approved detailed developmei# plan ineluding landseaping and reer-eation areas before my
exeoution of any featwe of an approved detailed development plan is impr-ac4ieal "e to elimatie
eanditions, unavailability of ,
other-sur-et
18.350.050 Appheability in Commereial and industr4al Zones
pr-qjeet as a planned development, in eomplianee with th . . ts of this .
B. As eendition of ap-pr-eval in eenffnereial and in"st-Fial d--le-me
I An reva4 authority
may apply the provisiens of is-ehapt,T cis-a esndifienef approving lt �
vrrrvr-cc
4 2cn nen
Allowed Use
A. in r-esidepAial zones. In all r-esidepAial zones, aii applieai4 vvith a planned development apprev
Page 6 of 21 October 24, 2006
may develop the site to eentain a fnixtur-e of uses subjeet to the density provisions of the
tmderlying „o n,7 the density ty be us provisions of u�ie folio iiigt98S-core
L11
allowed with planned development appr-ava4!
All uses allowed,.,,+..;,.1.+i the under-lying b .7' t t
a �
2 Single family ,7etae1,0.7 an att h ,7 ,7 t' 1 •+
ti. .b_= --------, —_-w____».�_»w��»__._..�_,.�»�11.1L,.1 L.111Ls,
3 Duplex r-esidefAial units;
5 n nufaetur-ed homes
6 Aee I . es and eeffnner-eial uses dir-eet4y serving the planned development only and
the zAne;
> athietie elub, >mequethall eeurt, >
tennis eotu4 or-similar use-,t
9 Outdoor- „tion faeility, olf eoufse, golf-driving 1 tennis
similaf
1 o Deere.,ti.,,,.,1 „ohi„to storage area.
1 V 1\VVl
R Tn—eoimner-eW zones. in all eexmmer—sial zones, an appliea t +h a planned develepme
approval may develop the site to eontain all E)f the uses peitmit4ed outr-ight in the tmder-lying
zone , in , 11 LL111 V1
250,,o' of the total gross floor- area may be used foF multi
family ii. these eommer-eial zones that do net list raulti family dwellings as an
etAfight use.
G. in industrial zones. in all indust-rial zones, a planned delvelopmetA shall eontain epAy those u
a4lewed otAfigh+in the, ,,.70,.1 ,i„g'V 1111 ,7'J+11'1T+
b � lL1L .
18.350.070 Applieability of the Base Zone Development Standards
Thorovisions of the 1,asezoneare 1' hl
f vnv=wT y 11
i Lot dimensional standards. The mimimtun lot size, lot depth and lot�A4dth standards shall
not apply except a relate to the .,
density „ttio under-Chapter- 18.-7-1-5;-
J Y v
2— Sitce-Eeier-age: The site eey p=o`izsions of the base zone ?shall apt
3 Building height! Th ding height provisions shall of applly;aix�
a. Front yefd and r-LQrqr- s fer st-metures on the perimeter-of the pr-ojee4 shall be the
same as that r-equir-ed by the base zene tmiess ethei-A4se provided by Chapter 19.460-;-
b. The side yar-d sethaek provisions sha4l not apply exeept that all detaehed st-Fuetues shall meet
Unifefmndiarrrg Cede equiremei#s-for-fire waw
e. Front yar-d and r-ear-yar-d sethaek requirements in the base zone sethaek shall net apply to
stmet„ro _ r, the interior of the r 'eet e„ ++h +.
'---�--- --- -- _ - -� t,.����. � ,tet... L11.AL.
(1) A miniffmm front yar-.7 +l, 1 f 20 feet is reqt ,7 for-anygar-age + +, r-e h' h opens
street.
(2) A � front yardru sethaek of foot; ore foranyopeninggar-agef
attaehed single family dwelling faeing a private street as long as the required off street,
paFk4ng spaees o
Page 7 of 21 October 24, 2006
modifiedB. Other provisions of the base zone. All ethe of the base zone sha4l apply exeept-m
,
A. Emeeptions to par-kitig is. The Commission may grant an exeeption to the eff st-r-ee
par-king dimensional and nwnber- of -mefAs in the appheable zone based
on fi,.,l in,s that:
1 Thrim+r�r e I Y[ion, ; t b t than 10 ye Vo if e„+ l,v ave ,1 1 ' i a
ethe
2 The nyy use designed
.,
a numing home, and whieh has a low demand for- eff stT-eet paFk4ng; or-
3 The FVanity far-sharing paFldng and there is Nwitten evidenee that the pr-opeft
owners are willing to erAvv k#e n legal utavtiZeit-� .
.
4 Publie tfanspeftalion is available to the site, r-edueing the standards and will not adver-sely
of-et adjo;,,;,,
5 The. i- -Upity interest in the preservation of paftieular-natufal featufes of the site
dimensional r-equir-efnefAs in the applieable zene based on findings tha-t-
i The tion is not greater-than 10 per-eepA of the required applieable difnension—al
standard for-
2
si
3 The sign will be eempatible with the evefall site plan, the stmetffal improvements and with
the stmetwes and
e.., on adjoining ,
landseape r-equir-emei#s of this fi4le upon a finding that the over-all landseape plan provides
201 of the g site area t„ be ,1 ,1
....v.v V.a ..aav gross va�V..ka V(a. lV VV lU1SRJV CLVG
18.350:890[18.350.0401 Conceptual Development Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of
the general information required for a Type III9 [-PC] procedure, as governed by Section
18.390.050 [and the additional information required by 18.350.040.B.] In addition, the
applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through the
particular approach proposed by the applicant. This statement should include:
[a.]A description of the character of the proposed development and the rationale behind
the assumptions and choices made by the applicant.
[b. An explanation of the architectural style, and what innovative site planning principles are
utilized including any innovations in building techniques that will be employed.]
[c.An explanation of how the proposal relates to the purposes of the Planned Development
Page 8 of 21 October 24, 2006
Chapter as expressed in 18.350.010.1
[d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox.]
2. A[general]development schedule indicating the approximate dates when construction of the
planned development and its various phases are expected to be initiated and completed.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or
portions of the planned development.[In the case where a residential subdivision is
proposed, the statement shall include the applicant's intentions whether the applicant will
build the homes, or sell the lots to other builders.]
B. Additional information. In addition to the general information described in Subsection A above,
the conceptidevelopme plan, data, and narrative shall include the following information,
the detailed content of which can be obtained from the Director:
1. Existing site conditions;
2. A site concept [including the types of proposed land uses and structures, including
housing types, and their general arrangement on the site];
3. A grading concept;
4. A landscape concept[indicating a percentage range for the amount of proposed open
space and landscaping, and general location and types of proposed open space(s);
[5. Parking concept;]
-5. [6.1 A sign concept; and
[7.A streets and utility concept;and]
[8. Structure Setback and Development Standards concept, including the proposed residential
density target if applicable.]
6 A e^ y of all existing a + +
- V1J= all LA1J 4111v �r1J2'PD'��GCCTC'J'CrLI[IeITT17fCT)Y'C l"fSf'fCT
[C.Allowable Uses]
1. In residential zones. In all residential zones, an applicant with a planned development
approval may develop the site to contain a mixture of uses subject to the density
provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c.
The following uses are allowed with planned development approval:
a. All uses allowed outright in the underlying zoning district;
b. Single-family detached and attached residential units;
Page 9 of 21 October 24, 2006
c. Duplex residential units;
d. Multi-family residential units;
e. Manufactured homes;
f. Accessory services and commercial uses directly serving the planned development only and
which are customary or associated with, but clearly incidental to, the residential uses
permitted in the zone[such as personal services,preschool or daycare, and retail uses less
than 5,000 square feet in sum total],
g. Community building;
h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming
pool, tennis court or similar use;
i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis
court, or similar use; and
j. Recreational vehicle storage area.
2. In commercial zones. In all commercial zones, an applicant with a planned development
approval may develop the site to contain all of the uses permitted outright in the underlying
zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi-
family dwellings in those commercial zones that do not list multi-family dwellings as an
outright use.
3. In industrial zones. In all industrial zones, a planned development shall contain only those uses
allowed outright in the underlying zoning district.
[18.350.050 Concept Plan Approval Criteria]
[A. The concept plan may be approved by the Commission only if all of the following criteria are met.
1. The concept plan includes specific designations on the concept map for areas of open space, and
describes their intended level of use, how they relate to other proposed uses on the site, and how
they protect natural features of the site.
2. The concept plan identifies areas of significant natural resources, if any, and identifies methods
for their maximized protection,preservation, and/or management.
3. The concept plan identifies how the future development will integrate into the existing
neighborhood, either through compatible street layout, architectural style, housing type, or by
providing a transition between the existing neighborhood and the project with compatible
development or open space buffers.
4. The concept plan identifies methods for promoting walkability or transit ridership, such methods
may include separated parking bays, off street walking paths, shorter pedestrian routes than
vehicular routes, linkages to or other provisions for bus stops, etc.
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case
of projects that include a residential component, housing type, unit density, or generalized lot sizes
shall be shown in relation to their proposed location on site.
Page 10 of 21 October 24, 2006
6. The concept plan must demonstrate that development of the property pursuant to the plan results
in development that has significant advantages over a standard development. A concept plan has
a significant advantage if it provides development consistent with the general purpose of the zone
in which it is located at overall densities consistent with the zone, while protecting natural features
or providing additional amenities or features not otherwise available that enhance the
development project or the neighborhood.]
[18.350.060 Detailed Development Plan Submission Requirements]
[A. General submission requirements. The applicant shall submit an application containing all of the
general information required for a Type III-PC procedure, as governed by Section 18.390.050, the
additional information required by 18.350.040.8 and the approval criteria under 13.350.070.1
[B.Additional Information. In addition to the general information described in Subsection A above, the
detailed development plan, data, and narrative shall include the following information:
1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in
grade, along drainage channels or swales, and at selected points, as needed.
2. A specific development schedule indicating the approximate dates of construction activity,
including demolition, tree protection installation, tree removal,ground breaking,grading,public
improvements, and building construction for each phase.
3. A copy of all existing and/or proposed restrictions or covenants.
City Recorder's note: On October 24, 2006, the following wording shown at this location in this
document for Section 4 a., b., and c. was deleted by the Tigard City Council.
a Aktro designated to;m or regional eenter-, the fi6flowing additional information may b-e
required-.
b. Sun and shadow paftetwsr The sun and shadow patterns of exMng struetures should b
studied to deter-mine how they would affeet the proposed buYdint. This & paMeularly
shadow puftetws also should be eonsidered as sourees of internal heat gain or loss-. Bumding
orientation, window si-zes and shadkg de * Wify internal heat gain or .
Stu
east on existing buUdings and open sp- aees-.
Page 11 of 21 October 24, 2006
[C. Compliance with specific development standards. The Detailed Development Plan shall show
compliance with base zone provisions, with the following modifications:
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply.
There shall be no minimum lot size except that lots on the perimeter of the project shall not be
less than 80% of the minimum size required in the base zone.
2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum
site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such -
as streets and sidewalks;
3. Building height.In residential zones, any increase in the building height above the maximum
in the base zone will require that the structure be setback from the perimeter of the site a
distance of at least 1-1/2 times the height of the building.
4. Structure setback provisions:
a. Setbacks for structures on the perimeter of the project shall be the same as that required
by the base zone unless otherwise provided by Chapter 18.360;
b. The setback provisions for all setbacks on the interior of the project shall not apply except that.-
(1)
hat.(1) All structures shall meet the Uniform Building and Fire Code requirements;
(2) A minimum front yard setback of 20 feet is required for any garage structure
which opens facing a street. This setback may be reduced for rear or side loaded
garages, if specified on the detailed plan and proper clearances for backing
movements are accounted for:
(3)A minimum front yard setback of eight feet is required for any garage opening for
an attached single-family dwelling facing a private street as long as the required
off-street parking spaces are provided. This setback may be reduced for rear or side
loaded garages, if specified on the detailed plan and proper clearances for backing
movements are accounted for.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks,
either on a lot by lot, or project wide basis. The commission may require site specific building
envelopes.
5. Other provisions of the base zone. All other provisions of the base zone shall apply except as
modified by this chapter.]
8.Zzv�v.100[18.350.070 Detailed Development Plan]Approval Criteria
Page 12 of 21 October 24, 2006
[A.Detailed Development Plan Approval Criteria.A detailed development plan may be approved only
if all the following criteria are met.
1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept
plan do not make the detailed plan inconsistent with the concept plan unless:
a. The change increases the residential densities, increases the lot coverage by buildings or
reduces the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d. The change commits land to development which is environmentally sensitive or subject to a
potential hazard, and
e. The change involves a major shift in the location of buildings,proposed streets,parking lots,
landscaping or other site improvements.]
A. Relationship develepmepA review. Th of Chapter 18.360, Site Developmen
Bare not n plie b.le to Planned Develepmei4Reviews. The-detailed develo elA P!
n intended to address the same type of issue as the Site Development Review
v• is iiilV ilKVI� VV {.I.I.�lA.1LJJ lll\. JU111V
B. Speeifie planned developmeig appr-oyaj er-itffia. The Commission shall make findings that
following er-iter-ia are satisfied when appr-e Ewing A4� eanditions, the eoneept plan-.
The Gotmnission shall make findings that t— e...eiia e not satisfied when denying
-4 [2.]All the provisions of the land division provisions, Chapters 1-8.410 18.420[Partitions] and
18.430[Subdivisions], shall be met[if applicable];
2. [3.] Except as noted, the provisions of the following chapters shall be utilized as guidelines. A
planned development need not meet these requirements where a development plan provides
alternative designs and methods, if acceptable to the Commission, that promote the purpose
of this [chapter] sect. In each case, the applicant must provide findings to justify the
modification of the standards in the chapters listed in Subsec4i„r below. [The applicant
shall respond to all the applicable criteria of each chapter as part of these findings and
clearly identify where their proposal is seeking a modification to the strict application of
the standards. For those chapters not specifically exempted, the applicant bears the burden
of fully complying with those standards, unless a variance or adjustment has been
requested.]
The developer- may eheese to provide or- th 1j,r-e additional opeft spa
dedieation and/or-provision of additional amenities, landseaping E)r-t-r-ee pla-PAing.
[a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site
Development Review, are not applicable to Planned Development Reviews. The
detailed development plan review is intended to address the same type of issues as
the Site Development Review.]
Page 13 of 21 October 24, 2006
[b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an
exception to the access standards, upon a demonstration by a professional
engineer that the resulting access will not be detrimental to the public safety
considering emergency vehicle needs, and provisions are provided for all modes of
transportation using the site (vehicles, bicycles,pedestrians, and transit).]
--a.[c.J Chapter 18.715, Density Computation and Limitations. Unless authorized below,
density shall be governed by the density established in the underlying zoning
district, [using the minimum lot size established for that district. Where a project
site encompasses more than one underlying zoning district, density shall be
aggregated for each district, and may be allocated anywhere within the project
site, as deemed appropriate by the commission.]
The Commission may further authorize a density bonus not to exceed 10% as an
incentive to increase or enhance open space, architectural character and/
or site variation incorporated into the development. These factors must make a
substantial contribution to objectives of the planned development. The degree of
distinctiveness and the desirability of variation achieved shall govern the amount of
density increase which the Commission may approve according to the following:
(1) [A I% bonus for each 5% of the gross site area set aside in open space, up to a
maximum of 5%,J ^ maximum „r39 is allowed for the provision of[active use
recreational open space] tmdeveleped eonun,,, spacv, exclusive of areas
contained in floodplain,[steep]slopes greater-gin„ , drainageways, or
wetlands that would otherwise be precluded from development;
(2)[Up to a maximum of 5% is allowed for the development of pedestrian amenities,
streetscape development, recreation areas, plazas, or other items from the
"Planning Commission's Toolbox."I
/21 A maximuffi of °,e is alle edfor-landseaping; streetsea a deyel„p,l.eiA; develop 7
open > ; reer-eation area
Eeyela j1o1 ; anWer retention of existing vegetation;
(3) A „m of 30% is allowed for- ntl., of visual f nl points; fexisting
\✓J L>11144A11 14.111 V1 ✓/V 1J n , l
phys ..nl n rides s lnl. as topography, view, and * .1 t �'
�lll�'JiV T
(4) A maximum of 39,; quality of ar-ehiteetur-al quality and sty4e; hannenious use o
materials; innovative buildingor-iepA CCien or-buildiag grouping; and/or varied use
of housing t
[d.J Chapter 18.745, Landscaping and Screening. [The Commission may grant an
exception to the landscape requirements of this title upon a finding that the overall
landscape plan was prepared by a licensed landscape architect,provides for 20% of
the net site area to be professionally landscaped, and meets the intent of the specific
standard being modified]
Page 14 of 21 October 24, 2006
[e.J Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may
grant an exception to the off-street parking dimensional and minimum number of
space requirements in the applicable zone if:
(1) The minimum number of parking spaces is not reduced by more than 10
percent of the required parking; and
(2) The application is for a use designed for a specific purpose which is
intended to be permanent in nature, e.g., a nursing home, and which has
a low demand for off-street parking; or
(3) There is an opportunity for sharing parking and there is written evidence
that the property owners are willing to enter into a legal agreement; or
(4) Public transportation is available to the site, and reducing the standards
will not adversely affect adjoining uses;or
(5) There is a community interest in the preservation of particular natural
features of the site which make it in the public interest to grant an
exception to parking standards.]
[f.J Chapter 18.780, Signs. [The Commission may grant an exception to the sign
dimensional requirements in the applicable zone if.•
(1) The sign is not increased by more than 10 percent of the required
applicable dimensional standard for signs;and
(2) The ex-eep&n is neeessaty fior adequate vigibility of the sign on th-e
d
City Recorder's note: On October 24, 2006, Section (2) above was amended
by the Tigard City Council to read as follows:
(2) The exception is necessary for adequate visibility of the sign on the
property, and
(3) The sign will be compatible with the overall site plan, the structural
improvements and with the structures and uses on adjoining properties.]
[g.] Chapter 18.795,Visual Clearance Areas. [The Commission may grant an exception
to the visual clearance requirements, when adequate sight distance is or can be
met;]
[h.] Chapter 18.810,Street and Utility Improvements,Sections 18.810.040, Blocks;and
18.810.060, Lots. Deviations from street standards shall be made on a limited
basis, and nothing in this section shall obligate the City Engineer to grant an
exception. The Commission has the authority to reject an exception request. The
Commission can only grant an exception to street sanctions if it is sanctioned by
Page 15 of 21 October 24, 2006
�z
the City Engineer. The City Engineer may determine that certain exceptions to
the street and utility standards are permissible when it can be shown that.-
(])
hat:(1) Public safety will not be compromised;and
(2) In the case of public streets, maintenance costs will not be greater than with
a conforming design; and
(3) The design will improve stormwater conveyance either by reducing the rate
or amount of runoff from present standards or increasing the amount of
pollutant treatment.]
v. Chapter 18-730, LAVV
7
N .�pter18. 7�Q�5, V 1 Clearanee n
d. Chapter 18.745, T ,1 ,1 S
e. Chapter 18.765, Off street Park4ng and Loading Requirements;
PChapter 18.70-5,4Feess, Egress and Gireulat-iona
g. Chapter 18.780, Signs.
3-.-[4.1 In addition,the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1) The streets, buildings and other site elements shall be designed and located to preserve
the existing trees, topography and natural drainage to the greatest degree possible. [The
commission may require the applicant to provide an alternate site plan to demonstrate
compliance with this criterion;]
(2) Structures located on the site shall not be in areas subject to ground slumping and sliding[as
demonstrated by the inclusion of a specific geotechnical evaluation,]
(3) There shall be adequate distanee between on site buildings and other-on site and off 5fli-fee
buildings on adjoining properties to provide for adequate light and air eireulation and
fir t +;
o oec „;
(4) [(3) Using the basic site analysis information from the concept plan submittal,J the
structures shall be oriented with consideration for the sun and wind directions, where
possible; and
(5) Trees preserved e-the extef4 possible. Rep a eraep+of trees is subjeet to
s of Chapter 1 4 'Inn '1 Removal.
.v.1uu vuavuw vi vuuY wi- ,
b. Buffering, screening and compatibility between adjoining uses:
(1) Buffering shall be provided between different types of land uses, e.g., between
single-family and multi-family residential, and residential and commercial uses;
(2) In addition to the requirements of the buffer matrix (Table 18.745.1),[the
requirements of the buffer may be reduced if a landscape plan prepared by a
registered Landscape Architect is submitted that attains the same level of buffering
and screening with alternate materials or methods.]The following factors shall be
considered in determining the adequacy and extent of the buffer required under
Page 16 of 21 October 24, 2006
Chapter 18.745:
(a) The purpose of the buffer, for example to decrease noise levels, absorb air
pollution, filter dust, or to provide a visual barrier;
(b) The size of the buffer needs in terms of width and height to achieve the purpose;
(c) The direction(s) from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
(3) On-site screening from view from adjoining properties of such activities as service areas,
storage areas,parking lots and mechanical devices on roof tops shall be provided and the
following factors shall be considered in determining the adequacy of the type and extent
of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
C. Privacy and noise: Non-residential structures which abut existing residential dwellings
shall be located on the site or be designed in a manner,to the maximum degree possible,
to protect the private areas on the adjoining properties from view and noise;
[d. Exterior elevations — single-family attached and multiple family structures: Along the
vertical face of single-family attached and multiple family structures, offsets shall occur
at a minimum of every 30 feet by providing any two of the following:
(1) Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight
feet;
(2) Extensions, e.g., decks,patios, entrances,floor area, of a minimum depth of eight
feet, a maximum length of an overhang shall be 25 feet; and
(3) Offsets or breaks in roof elevations of three or more feet in height.]
d.[e.J Private outdoor area[residential] m��'���alti-famil use:
(1) ,[Exclusive of any other required
open space facility,J each ground-level residential dwelling unit shall have an
outdoor private area(patio, terrace,[or]porch) of not less than 48 square feet[with a
minimum width dimension of four feet;J
(2) Wherever possible,private outdoor open spaces should be oriented toward the sun;
and
(3) Private outdoor spaces shall be screened or designed to provide privacy for the use of
the space.
e.[f:J Shared outdoor recreation areas—[residential]m"'+ use:
(1) In addition to ubp phs (2) .,n (3) of+L, [Exclusive of any other
i u.uuiuvu �v�
required open space facilities,]each muftiple d-,.oH:a [residential] development
shall incorporate shared usable outdoor recreation areas within the development
plan as follows:
(a) Studio units up to and including two bedroom units, 200 square feet per unit; and
(b) Three or more bedroom units, 300 square feet per unit.
Page 17 of 21 October 24, 2006
(2) Shared outdoor recreation space shall be readily observable from adjacent units for
reasons of crime prevention and safety;
(3)The required recreation space may be provided as follows:
(a) it ,be a4l outdoor-spaee-; of
(b) r+may be aft outdoor--Spaee and'uA indoor-�uccf6�rumpr , an outdoor-terinds
(e) 14 may be all publieor-ea on spaee;er
(e) baleenies are added te ufiits,
the baleenies shall not be less than 4 8 square feet.
[(a) Additional outdoor passive use open space facilities;
(b) Additional outdoor active use open space facilities;
(c) Indoor recreation center; or
(d) A combination of the above.]
City Recorder's note: On October 24, 2006, the following wording for a Section g, which
was shown at this location in this document, was deleted by the Tigard City Council.
hedge,are elear4y defmed to estabUsh persons having a tight to be in the spaee-, to
(2) These areas nW be defmed hj�, but not Untited tow
or drap ;
(h) '' trellis or ar-bo
(c) A ehanV in elevation or grad-e-ji
lug ei ehange in the texture of the path materialy-
(e) Sign; n
69 Landseaping-
[g.]Access and circulation:
(1) The number of[required] allowed access points for a development shall be provided
in Chapter 18.705;
(2) All circulation patterns within a development must be designed to accommodate
emergency[and service]vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways[abutting and through a
Page 18 of 21 October 24, 2006
site]if such facilities are shown on an adopted plan[or terminate at the boundaries
of the project site.]
g.[h.]Landscaping and open space:
(1) Residential Development: In addition to the [buffering and screening requirements of
paragraph b of this subsection, and any minimal use open space facilities,]
vq„ er1lJ Vl+s .,,,�par- phs ins n (5) of section of
this
--1-- a minimum of
,.fJ
20 percent of the site shall be landscaped. [This may be accomplished in improved open
space tracts, or with landscaping on individual lots provided the developer includes a
landscape plan,prepared or approved by a licensed landscape architect, and surety for
such landscape installation;]
(2) GaFmner-eial Development. A minimum of 15 per-eent of the site shall be
landsc-aped; and
( ) Development! minimum efy e.PA of the site shall be ,
lr.[i.]Public transit:
(1)Provisions for public transit may be required where the site abuts[or is within a I/
mile of]a public transit route. The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities[may include but are not necessarily limited to]shall be limit
to such facilities as:
(a)A waiting shelter;
(b) A turn-out area for loading and unloading; and
(c) Hard surface paths connecting the development to the waiting area.
[(3) If provision of such public transit facilities on or near the site is not feasible, the
developer may contribute to a fund for public transit improvements provided the
Commission establishes a direct relationship and rough proportionality between the
impact of the development and the requirement.]
c•
`1) in uuultlVla t , Sigrisi
-oeati9n of all signs proposed for-the development site; and
(b) The vibiv shall not„VJVufe. V11 V1V driver's ht , +
;
[j.]Parking:
(1) All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter Ehapte 18.765;
(2) Up to 50% of required off-street parking spaces for single-family attached dwellings
may be provided on one or more common parking lots within the planned
development as long as each single-family lot contains one off-street parking space.
[k.]Drainage: All drainage provisions shall be generally laid out in accordance with the
requirements set forth in Chapter[18.810.] 18.775, and the +o,.;., in the adopted 1981
Page 19 of 21 October 24, 2006
master- drainage plan; [An applicant may propose an alternate means for stormwater
conveyance on the basis that a reduction of stormwater runoff or an increase in the
level of treatment will result from the use of such means as green streets, porous
concrete, or eco roofs.]
h[1.1 Floodplain dedication: Where landfill and/or development is allowed within or adjacent
to the 100-year floodplain, the City shall require consideration of the dedication of
sufficient open land area for a greenway adjoining and within the floodplain. This area
shall include portions of a suitable elevation for the construction of a pedestrianibicycle
pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway
plan.
'
[m.] 4� ��Q Shared Open Space [Facilities: The detailed development plan shall
designate a minimum of 20% of the gross site area as a shared open space facility.
The open space facility may be comprised of any combination of the following:
(1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied
by reserving areas for minimal use. Typically these areas are designated around
sensitive lands (steep slopes, wetlands,streams, or 100 year floodplain).
(2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied
by providing a detailed development plan for improvements (including landscaping,
irrigation,pathway and other structural improvements)for passive recreational use.
(3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping,
irrigation,pathway and other structural improvements)for active recreational use.
(4)The open space area shall be shown on the final plan and recorded on the final plat
or covenants.]
[n. Open Space Conveyance. Where a proposed park,playground or other public use shown in a
plan adopted by the City is located in whole or in part in a subdivision, the Commission may
require the dedication or reservation of such area within the subdivision, provided that the
reservation or dedication is roughly proportional to the impact of the subdivision on the park
system.
Where considered desirable by the Commission in accordance with adopted comprehensive
plan policies, and where a development plan of the City does not indicate proposed public use
areas, the Commission may require the dedication or reservation of areas within the
subdivision or sites of a character, extent and location suitable for the development of parks
or other public use,provided that the reservation or dedication is roughly proportional to the
impact of the subdivision on the park system. The open space shall be conveyed in
accordance with one of the following methods.]
A. Requirements fer- shared open �pgg� Wher-e the open spaee is designated en the plan
eommon open spaee t]
Page 20 of 21 October 24, 2006
The open spaee area sha4l be shov,%on the fiaa4 plan and r-eeer-ded with the Dir-eeter-; and
2. The hall be eenveyed in aeeer-damee with one ef the fellov4ng
methods
[(1)Public Ownership.] ao l: ,+; .,, +. +>^o r;+, „L,1; 1, a �a _ .. :� a
c] VUL1V
e—. Open Open space proposed for dedication to the City must be acceptable to it
with regard to the size, shape, location, improvement and budgetary and
maintenance limitations [A determination of City acceptance shall be made in
writing by the Parks & Facilities Division Manager prior to final approval.
Dedications of open space may be eligible for Systems Development Charge
credits, usable only for the proposed development. If deemed to be not acceptable,
the open space shall be in private ownership as described below;]
[(2)Private Ownership.] By leases conveying title (including beneficial ownership)
to a corporation, home association or other legal entity,/and granting a conservation
easement to the City in a form acceptable by the City. The terms of the
conservation easement must include provisions for the following:].
YY1+ the '+, retaining the development rights to the The terms-
sueh
lease or-other-instnffnei#of oyn
Jg11 V Vlllg the fell 11=_
(l) (a) The continued use of such land for the intended purposes;
(2-) (b)Continuity of property maintenance;
(3) (c) When appropriate,the availability of funds required for such maintenance;
(4) (d) Adequate insurance protection; and
(5) (e) Recovery for loss sustained by casualty and condemnation or otherwise.
e. By any method whieh achieves the objeetives set foFth in Subseetion 2 above of this sec4io.B.-.
Page 21 of 21 October 24, 2006