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Ordinance No. 10-07 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10-09 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2010-00001) CHAPTERS 18.360 — SITE DEVELOPMENT REVIEW, 18.420 — LAND PARTITIONS, AND 18.430 — SUBDIVISIONS TO EXTEND LAND USE APPROVALS AND ADD A NEW CHAPTER (18.115 — LIST OF TERMS) THAT LISTS ALL DEFINED TERMS FOUND IN THE DEVELOPMENT CODE. WHEREAS, the Community Development Director, in response to public request, initiated the Development Code Amendment to extend land use approvals for Subdivisions with approvals lapsing between July 1, 2008 and December 31, 2010 and Site Development Reviews and Land Partitions with approvals lapsing between July 1, 2008 and December 31, 2011 as a response to the economic downturn; and WHEREAS, these Subdivision approvals will be extended through December 31, 2011 and these Site Development Review and Land Partition approvals will be extended through December 31, 2012 to allow more time to construct developments once the economy improves; and WHEREAS, notice tivas provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public hearing on March 1, 2010, and recommended approval of the proposed amendment with a 9-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.380, and 18.390; Comprehensive Plan Goal 1, Public Involvement, 2, Land Use Planning, 9.1, Economic Development, and 10.1, Housing; and Statewide Planning Goals 1, 2, 9 and 10; and WHEREAS, the Tigard City Council held a public hearing on April 13, 2010 and April 27, 2010 to consider the proposed amendments; and ORDINANCE No. 10- 0` Page 1 WHEREAS, the Tigard City Council has detern-fined 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: a SECTION 1: The specific text amendments attached as "EXHIBIT All to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: The findings in the February 19, 2010 Staff Report to the Planning Commission and the Minutes of the March 1, 2010 Planning Commission hearing are herby adopted as support for the Planning Commission's recommendation to Council. SECTION 3: City Council amended the Planning Commission's recommendation through the public hearing process. The Minutes of the March 30, 2010 and April 20, 2010 Council Workshop meetings and the Minutes of the Apel 13, 2010 and April 27, 2010 public hearings are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U M[SUES vote of all Council members present after being read by 1, number and title only, this -day of.J_,�2 Lj L , 2010. Cathetine Wheatley, City Recorder kL _ APPROVED: By Tigard City Council this� day of - , 2010. J Craig Dirksen, Mayor Approved as to form: T Attorney -7. 2610 Date ORDINANCE No. 10- Dc Page 2 EXHIBIT A DCA2010-00001 LAND USE APPROVAL EXTENSIONS CODE AMENDMENT Introduction The proposed development code amendment (DCA2010-00001) is to create a new chapter that lists all defined terms found in the Tigard Community Development Code (TDC). In addition an amendment is proposed to extend land use decisions (Site Development Reviews, Land Partitions, and Subdivisions) with approvals lapsing between July 1, 2008 and December 31, 2011 until December 31, 2012. Following please find the proposed code amendments, broken into two categories: I. New code sections — (18.115) II. Amendments to existing sections— (18.360, 18.420, & 18.430) Deletions to existing chapters indicated by Additions to e-fisting chapters indicated by bold and underlined. No formatting differences for new chapters. I. New Code Sections Chapter (18.115) List of Terms The following terms are defined in Chapter 18.120, Definitions, unless indicated othenvise. Abandoned Sign See Chapter Adult Bookstore See Adult Amendment 18.78D, Signs Entertainment-Related Amenity Abut Definitions Ameticans with Disabilities Abutting Lots Adult Entertainment- Act Accept Related Definitions Annexation Access • Adult Bookstore Antenna See also Chapter Accessory Building • Adult Motion Picture 18.798, W hieless Accessory Dwelling Unit See Theater Co7T17JIlltttcatton.1"acilities Dwelling-Related Defiiuttons • Specified Anatomical Areas Apartment See Drvelling- Accessory Structure • Specified Sexual Activities Related Definitions Acre Appeal Active Use Facilities See Adult Motion Picture Applicant Open Space Facility-Related Theater See Adidt Application Donitions Entertainment-Related Approval Authority Addition Definitions Approved Plan Adjacent Lots See Abrttting `A'-Fraine Sign See Chapter Arcade See Design-Related Lots 18.780, Signs Drnition-r Adjoining Lots See Abutting Aisle Archaeological Site Lots Alley Area See Chapter 18.780, Administrative Action Alteration, Structural Sighs Alternative Access Argument See Section City Dedication,Fee In Lieu Of 18.390.080, General City Engineer Deed Provisions City of Tigard Demolish ' Assessed Valuation City Recorder Density Attached Dwelling See Collocation See Chapter Density Bonus Dwelling-Related Definitions 18.798, Wl reless Density Transfer .Awning See Design-Related Communication Facilities Design-Related Definitions Definitions Column See Design-Related • Arcade Awning Sign.See Chapter Definitions 18.780, Signs Commercial Forestry See • Awning Balloon See Chapter 18.780, Chapter 18.790, Trve • Band Signs Removal • Bay Band See Design-Related Commission • Belt Course Definitions Common Wall • Canopy Banner See Chapter 18.780, Complete and Entire . Chamfer Signs Complex Base: Flood See Flood-Related Comprehensive See Column Definitions Compi-ehenfive Plan-Related • Cornice Basement Definitions • Eaves Bay See Design-Related Comprehensive Plan- . Entry Definitions Related Definitions . Frieze Belt Course See Design- • Comprehensive . Marquee Related Definitions . Generalized , Medallion Bench Sign See Chapter . Land 18.780, Signs • Parapet Berm • Plan Coordination a Pilaster Bike Lane Conditional Use • String Course Bikeway Construct See Chapter e Transom Billboard See Chapter 18.780, 18.780, Signs Contiguous • Turret Signs Buildable Area Contiguous Lots See • Visible Transmittance Building Abutting Lots Detached Dwelling See Building Envelope Corner Lot See Lot-Belated Dwelling-Related Definitions Building,Primary Definitions Development Building Height Corner Side See Yard-Related Development Adjustment See Building Official;See also Definitions Section 18.370.020, Chapter 18.780, Signs Cornice See Design-Related 4djustments Building Permit Donitions Development Review See Business See Chapter 18.780, Council Chapter 18.780, Signs Signs Covered Soil Area See Development Site Caliper Landscaping-Related Dnitions Directional Sign See Chapter Canopy See Design-Related Cul-de-sac 18.780, Sign D finitions Cultural Institution Auxiliary Director Canopy Cover See Chapter Sign See Cbapter 18.780, Signs Display Surface See Chapter 18.790, Tree Removal Cutout See Cbapter 18.780, 18.780, Signs Chamfer See Design-Related Signs Drainage Way D finitions Dedication Drive-Through Facility Change of Tose Driveway Final Decision See FinalAction Guyed Tower See Chapter Duplex See Dwelling-Related Final For Purposes Of Appeal 18.798, Wireless Definitions See Section 18.390.080, Communication.Facilities J Dwelling See DwellirTg-Related General Provisions Habitable Floor Area Definitions Final Order See Final Action Hazardous Tree See Chapter Dwelling-Related Definitions Findings 18.790, Tree Removal Flag• Accessory Dwelling Unit Fla Lot See Lot-Related Home Occupation Definitions Homeowners Association • Apartment Household • Attached Dwelling Flashing Sign See Chapter 18.780, Signs Housing Complex See Chapter + Detached Dwelling 18.780, Sins Floodplain Sec Flood-Relatedg • Duplex Immediate or Serious Danger Definitions g + Dwelling Flood-Related Definitions See Chapter 18.780, Signs • Manufactured Home • Base Flood Impact Analysis • Multiple-Family Dwelling Impervious Surface p y g • Floodplain Implementing Ordinance • Single-Family Dwelling • Floodway Easement Improved Lot See Lot-Related + Flood�vay Fringe De rritions Eaves See Design-Related Flood�va r See Flood-Related Donitions Improvement Definitions Industrial Park See Cha ter Effective Date See Section Floodwa Fringe See Flood- p 18.390.080, General Provisions y g 18.780, Signs Egress Related Definitions Ingress Floor Area Electrical Sign See Chapter Interior Lot See Lot-Related Floor Area Ratio Definitions 18.780, Signs Flush Pitched Roof Sigh See Electronic Information Sign Land See Comprehensive Plan See Chapter 18.780, Signs Chapter 18.780, Signs Related Definitions Freestanding Sign See Chapter Land Form Alteration Enlargement 18.780, Signs Landsca in Entry See Design-Related p g Definitions Freeway Interchange See Lands ca in Related En u`ySi See Chapter Chapter 18.780, Signs Definitions Freeway-Oriented Sign See + Covered Soil Area 15.780, Signs Chapter 18.780, Signs Evidence See Section • Open Soil Frieze See Design-Related 18.390.080, General Avvisions Denttronr + Root Paths Exception Front See Yard-Related • Soil Volume Calculations FAA See Chapter 18.798, Definitions Lattice Tower See Chanter Winless Communication Frontage See also Chapter 18.798, 1Fireless Facilities Communication Facilities Face 18.780, .Signs Front Lot Line See Lot-Related Lawn Sign See Chapter 18.780, Face of a Building See Chanter Sig 18.780,Signs Definitions g Garage Legal Entity See Chapter FCC See Chapter 18.798, 18.780,Signs, `Business" W'iteless Communication Generalized See Comprehensive Plan-Related Definitions Legislative .Facilities Lighting Methods See Chapter Fence Sight-Obscuring Glare � g 18.780, Signs Final Action Loading Area See Loading Space Loading Space Marquee See Design-Related • Passive Use Facilities Lot See Lot-Related Definitions D finitions Oregon Administrative Rules a Lot Area See Lal-Related Medallion See Design-Related Oregon Revised Statutes Definitions Definitions Outdoor Storage Lot Averaging See Lot-Related Minimal Use Facilities See Open Owner Definitions Space Facility-Related Painted Wall Decorations See Lot Coverage See La-Related Definitions Chapter 18.780, Signs Definitions Mitigation Painted Wall Highlights See Lot Depth See Lot-Related Mixed Solid Waste See Chapter Chapter 18.780, Signs Definitions 18.755,Mixed Solid Irlaste Painted Wall Sign See Chapter Lot Line See Lot-Related And Recyclable Storage 18.780, Signs Definitions Mixed-Use Development Parapet See Design-Related Lot Line Adjustment See Lot- Mobile Home Definitions Related Definitions Mobile Home Park Park Lot of Record See Lot-Related Mobile Home Subdivision Parking Space Definitions Monopole See Chapter Partition Lot-Related Definitions 18.798, WhvIess Party • Corner Lot Commmrtnication Facilities Passive Use Facilities See Open • Fla Lot Moving Sign See Chapter Space Facility-.Related Flag 18.780, Si rrs • Front Lot Line g` Definitions Multiple-Family Dwelling See Perimeter • Improved Lot Dwellin -Related De uritians Permitted Use S f • Interior Lot Multi-Unit Residential Person See also Chapter 18.780, • Lot Building See Chapter 18.755, Signs • Lot Area Mixed Solid IVaste And Pilaster See Design-Related • Lot Averaging Recyclable Storage D finitions • Lot Coverage Neighborhood Activity Center Plan Coordination See • Lot Depth Noise Comprehensive Plan-Related • Lot Line Nonconforming Sign See D finitions • Lot Line Adjustment Chapter 18.780, Signs Plat Nonconforrnuig Situation Premises See Chapter 18.780, • Lot of Record Non-Residential Building See Sins • Lot Width g Chapter 18.755,Mixed Solid Projecting Sign See Chapter • Rear Lot Line IY/asteAnd Recyclable Storage 18.780,Signs • Side Lot Line Non-Structural Trim See Projection See also Chapter • Substandard Lot Chapter 18.780,Signs 18.780, Srgrtr • Tax Lot Occupancy Permit Provider See Chapter 18.798, • Through Lot Off-Site Impact lYlirvless Comrnunication • Zero Lot Line Off-Site Improvement .Facilities Lot Width See Lotfelated Open Soil See Landscaping- Pruning See Chapter 18.790, Definitions Related Definitions Tree Removal Maintenance See Chapter Open Space Facility-Related Public Business Day 18.780,Signs Definitions Public Support Facilities Manufactured Home See • Active Use Facilities Quasi-judicial Dwelling-Related Definitions 0 Minimal Use Facilities Reader-Board Sign See Chapter Soil Volume Calculations See Traffic Flow Plan 18.780, Signs Landscaping-Related D ftitions Transom See Design-Related Rear See Yard-Related Definitions Source-Separated Recyclable D flidliow Rear Lot Line See Lot-Related See Chapter 18.755,Mixed Tree See also Chapter 18.790, Donitions Solid It/asteAnd Reg lahle Tire Removal Receipt Storage Turret See Design-Related Recreational Vehicles Special Adjustments,See Section Definitions Remodel 18.370.020,Adjustments Uniform Building Code See Removal See Chapter 18.790, Specified Anatomical Areas See Chapter 18.780, Signs Tree Removal Adult Entertainment-Related Use Reserve Strip Definitions Vehicle Parking Space Residence Specified Sexual Activities See Visible Transmittance See Residential Trailer Adult Entertainment-Related .Design-Related Definitions Responsible Party,See Section Definitions Vision Clearance Area 18.230.030,Penalty Storage Area See Chapter Visual Obstruction Revolving Sign See Chapter 18.755,Mixed Solid llraste Wall,Sign See Chapter 18.780, 18.780, Signs And Recgclable Storage Signs Right-of-Way Story Wetlands Road Story, First Will Roof Story,Half Window Roof Line See Chapter 18.780, Street Wireless Communication Signs Street,Private Facility See Chapter 18.798, Roof Sign See Chapter 18.780, Street,Public Wireless Corrmitnication Sigrrs String Course See Design-Related Facilities Root Paths See Larrdscapirrg- D�rritiorrs Wireless Communication Related Deftnitiorrs Structural Alteration See Facility,Attached See Rotating Sign See Chapter- Chapter 18.780, Sigrrr Chapter 18.798, Wireless18.780,Signs Structure Commrtnication Facilities Wireless Communication Sensitive Lands See Chapter Subdivision Transmissions Towers See 18.790, Tree Removal Substandard Lot See Lot-Related Chapter 18.798, Wireless Setback Definitions Communication Facilities Shopping Center See Chapter Substantial Improvement yard See Yard-Related Definitions 18.780, Signs Surface Street See Chapter yard-Related Definitions Shopping Plaza See Chapter 98,780, Signs • Corner Side 18.780, Si rrs Tax Lot See Lot-Related Side See Yard-Related De initions * Front .,� Definitions Side Lot Line See Lot-Related e Rear Temporary Sign See Chapter- Definitions Side 18.780, .SrgrrJ' Sign See Chapter 18.780,Signs Temporary Use a yard Sign Structure See Chapter Tenant Sign See Chapter 18.780, Zero Lot Line See Lot-Related 18.780,Signs Sigrrs Definitions Single-Family Dwelling See Through Lot See Lot-Related Zoning District Dwelling-Related Definitions Definitions Site Tigard-Based Nonprofit Slope Organization IL Existing Code Sections a Chapter 18.360 SITE DEVELOPMENT REVIEW 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 ul Section 18.360.020.A, 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. f1. 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. 1. 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: a. No changes are made on die original site development review plan as approved by die Director; 27 b. The applicant can shote intent of initiating construction on the site within die one-year extension period; and c. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Site Development Review lapsing between 'July 1, 2008 and December 31 2011 shall be automaticallyh extended throe December 31 2012. No further extensions will be granted. 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 duce 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 die 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 maybe appealed as provided by Section 18.390.040.6. No notice need be given of die Director's decision. 3. The Director may waive or modify the approval period for projects within the Washington Square regional Center in accordance with.Section 18.630.020.C. (Ord. 09-13) 18.420 LAND PARTITIONS 18.420.030 Approval Process A. Decision-making process. The Director shall approve, approve with conditions or deny an application partition, which shall be reviewed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.420.050. B. Time limit on approval. The partition approval by die Director shall be effective for a period of 1-1/2 years from die date of approval. C. Lapsing of W212rovnl. The partition or approval by the Director shall lapse if. 1. The partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; 2. The final recording is a departure from the approved plan. D. Extension. 1. 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: 47 a. No changes are made on the original plan as approved by the Director; 2: b. The applicant can show intent of recording the approved partition or lot line adjustment within die one-year extension period; and c. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 2. Approval periods for Land Partitions lapsing between July 1, 2008 and December 31 2011 shall be automatically extended through December 31 2012. No further extensions will be granted. 18.430 SUBDIVISIONS 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040. An application for subdivision may also be reviewed concurrently tvidi an application for a planned development, as governed by Chapter 18.350. B. Review of final 12lat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. C. Approval period. Preliminary plat approval by die Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A filial plat has not been submitted within a 1-1/2 year period; or 2. The final plat does not conform to die preliminary plat as approved or approved with conditions. C. Extension. 1. The Director shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year;provided that: a. No changes are made on the original preliminary plat plan as approved; b. The applicant has expressed written intent of submitting a final plat within the one-year extension period; e. There have been no changes to die applicable ordinance provisions on which the a approval was based; and 4: d. An extension of time will not preclude the development of abutting properties. 2. Approval periods for Subdivisions lapsing- between July 1, 2008 and December 31, 2010 shall be automatically extended through December 31,_2011. No further extensions -,vill be granted. E. Phased development. 1. The Approval Authority may approve a tune schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; 2. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: (1) For purposes of this subsection, a temporary public facility is an intet-im facility not constructed to the applicable City or district standard; and (2) The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. 3. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the swine manner as the preliminary plat. (Ord. 09-13)