Ordinance No. 77-25 i
CITY OF TIGARD, OREGON
ORD1NA1gCE NO. 77-25
AN ORDINANCE AMENDING ORDINANCE N0. 70-32, ENTITLED "CITY OF TIGARD
ZONING ORDINANCE OF 1970," AS AMENDED AND AS CODIFIED AS TITLES 18
OF THE TIGARD MUNICIPAL CODE AND ORDINANCE NO. 68-48 ENTITLED "CITY
OF TIGARD SUBDIVISION ORDINANCE OF 1968, " AS ATTENDED AND AS CODIFIED
AS TITLE 17 OF THE TIGARD MUNICIPAL CODE, REVISING PROCEDURES FOR
REVIEIV OF ZONE CHANGES, MINOR AND MANOR LAND PARTITIONS, SUBDIVISIONS,
SITE DEVELOPMENT AND ARCHITECTURAL DESIGN REVI0,1 PRESCRIBING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY. !
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: City Council finds that pursuant to ORS 227, Ordinance
70-32 "City of Tigard Zoning Ordinance of 1970" and
ORD 68-48 "City of. Tigard Subdivision Ordinance of 1968" hereinafter
stated amendments to said zoning and subdivisions ordinance after
due and legal notice was submitted by public hearing by the City
Planning Commission on April 5, 1977 date and to City Council
thereafter recommended that said zoning and subdivision ordinances
be amended is hereinafter set forth.
Secy: Council further finds that after due and legal notice
public hearing was held by the City Council on. April 11,
1977 whereat all interested persons were afforded an opportunity
to be heard with respect thereto and, conditions presided fulfilled
with respect to the following amendments to the City Zoning and
Subdivision Ordinance.
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Section 3: The Council further finds that the purpose for these
amendments is to protect the public health, safety and
general welfare and further more said amendments serve to implement
the City's Comprehensive Planning objectives and policies, and to
effect efficient and objectible procedures to be followed in land
use matters.
Section 4: That Chapter 18.92.020 of the Tigard Municipal Code be
1
amended to read as follows:
fi
"Section 18.92.020 Appeal to the City Council. > ,
(a) An action or :euling of the Planning Commission
authorized by this title may be appealed to the City Council
within 15 days after the Commission has rendered its decision `
by filing written notice with the City Recorder. Notice of
$' appeal shall state the name or names of the petitioner, date and
action of the Commission being challenged and the reasons for
such an appeal, a fee may be established by the City Council
a;
to defray the cost of preparing a ver=batim transcription
of the Commission hearing. If no appeal is taken within
the 15 day period, the decision of the Commission shall be
final. If an appeal is filed, the Council shall receive a
report and recommendation from the Planning Commission and a
verbatim transcript of the hearing before the Commission and
shall hold a hearing on the record established before the
Planning Commission. Notice of the public hearing shall
by by one publication in a newspaper of general circulation
in the City, not less than 5 days and not more than 10 days
prior to the date of the hearing.
(b) The City Council shall have the power to call up
any action or ruling of the Planning Commission .for hearing
and review by the City Council. In any instance in which the
Council exercises its power to call up a legislative matter,,;
the Council shall decide at the time i.t suets the matter for
public hearing whether new testimony shall be received, or the
matter heard on the record as in appeals pursuant to Paragraph
(a) above. If new testimony is to be allowed, the notice of
public hearing shall be written so as to inform the public of
that fact."
Section 5: That Chapter 18.88.060 be amended to read as follows:
1118.88.060 Hearing City Council.
t
(a) Following the prescribed hearing before the t
Planning Commission a written report containing the findings
and recommendations of the Planning Commission as embodied in f'
ordinance form shall be forwarded to the City Council by the
City Recorder.
(b) Upon receipt of the Planning Commission recommendation
the City Council shall act to confirm, reverse, modify, or remand
the matter back to the Planning Commission for further testimony,
or the City Council may set a time for hearing before the City
Council. If the matter is "judicial" or "quasi-judicial" in
character, the hearing shall be held on the record, that is,
no new testimony shall be taken. If the matter is "legislative"
in character, the Council may take additional testimony at the i
time set for public hearing, or may decline to take new testimony."
Section 6: That title 18.56.048 subsection (b) be amended to read
as follows: f
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"Actions by the Planning Commission in granting approval
shall be forwarded to the City Council in ordinance form according
to the provisions of Chapter 18.88. A Planning Commission action
to deny the application may be appealed to the City Council as
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provided in Chapter 18.92."
Ordinance No. 77-25
Page
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Section 7: That Chapter 18.84.071 be amended to read as follows:
111 .84.071 A eoLLcil. A party aggrieved
by the ac ion o xe ann ng ocin hearings officer or any
person to whom notice of the hearing was set pursuant to Section
18.84.051 may appeal such approval or denial to the City Council.
The Council may on its own motion review any action taken by the
Planning Commission or by the hearings officer. Any appeal here-
under shall be subject to provisions of Chapter 18.92. In
accordance with the procedures set forth in this Title 17, the
City Council shall hold a hearing with respect to the appeal on
the application as set forth in the transcript of the hearings
the written findings of the Planning Commission or of the hearings
officer, and the action proposed be taken by the Planning Commission,
hearings officer with respect to the proposed use of the land. The
City Council shall determine the matter on the basis of the record
previously developed. The City Council may amend, rescend, or
affirm any action previously taken either by the Planning Commission
or the hearings officer."
Section 8: That Chapter 17.16.100 be amended to read as follows:
17.16.100 Tentative Approval. "within 60 days of the
date of submission of the preliminary plat the Planning Director
or his agent will review the plan and reports of the agencies
listed in section 17.17.090 and may give tentative approval of the
preliminary plat as submitted or it may be modified; or if
disapproved shall express the Planning Director's disapproval
and reasons therefore.
No tentative plan for a proposed subdivision and no tentative
plan for a major partition shall be approved unless:
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Ordinance No. 77-25
Page: r
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(1) Streets and roads are laid out so as to conform to
approved
the plats of subdivisions ormaps of majorpartiti ns alread all other
for adjoining property as to width, general
respects, unless the city determines it to be in the public interest to .
modify the street or road pattern.;
(2) Streets and roads held for private use are clearly in-
dicated on the tentative plan and all reservations or restrictions
relating to such private roads and streets are set forth thereon;
(3) The tentative plan complies with the comprehensive plan
and applicable zoning regulations of the city then in effect;
(4) No tentative plat of a subdivision or map of a major
roved unless there will exist adequate quantity
partition shall be app, diposal
and quality of water
taid
an addescribed���inethesproposedsplat o support
the proposed
Prior to approval of any tentative plan of any subdivision or
major partition, the planning director shall coordinate his review
thereof with all affected city, county, state and federal agencies
and all affected special districts. Where it appears that the
proposal affects jurisdictional interests of any public body other
than the city, theproceedings
enable anyshall
such affecteddagencyfor ut
period owfnecessary time as � ort thereon.
consider the proposal and rep
Following receipt of written comments from agencies as listed
in 17.16.090 the Planning Director, Director of Public s, and
Building official shall review the concerns of the affecctedtedagencies
as well as other applicable city regulations
rec plat ommend t ptrovheal,
disapproval or modification of the proposed
Planning Director :for use in his final determination.
The action of the Planning Director shall be noted on two
copies of the preliminary plat including reference to any attached
documents describing any conditions or restrictions, and one copy
ll be retl -I LLcd to the anpli.cant and one retained in the ofr�+eonfin
shaords of the Planning Director s letermi. __
city Recorder with rec
which the action was taker_."
Section 9: That Sections 17.24.030 be amended to read as follows:
"17.2.4,030 Sketch Map Submission to Planning DirDirector.for A
A
Sketch map shall be submitted to the Planning
and determination of the propose
Plan an pr visionsd minor land nofhTitle217
consistent with the Comprehensiveproposal
includes or
and 18 of the Tigard Municipal Code. If the prop
should the Planning Director reof land and
quire
the�poposalthe ishall�not be processed
easements for roads or
as a minor land pofrtiobutthisntiitlem�itherespecte'toumadoronly r '.;.sbmeland ppursuant to
artition
the requirements
or subdivision."
Ordinance No. 77-25
Page 4
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Section 10: That Chapter 18.58 and 18.59 be amended in full as follows:
"Chapter 18.58 DESIGN REVIEtxI
18.58.010 Intent and Purpose
The intent and purpose of Design Review is to promote the
general welfare by encouraging attention to site planning and
giving regard to the natural environment, creative project
design and the character of the neighborhood or area.
A. It is in the public interest and necessary for the promotion
of the safety, convenience, comfort and prosperity of the
citizens of the City of Tigard.
(1) To preserve and enhance the natural beauties of the
land and of the man-made environment, and enjoyment
thereof:
(2) To maintain and improve the qualities of, and relation-
ships between individual buildings, structures, and
the physical developments which best contribute to the
amenities and attractiveness of an area or neighborhood;
(3) To protect and insure the adequacy and usefulness of
public and private developments as they relate to each
other and to the neighborhood or area.
(4) To insure that each individual development provides
for a quality environment for the citizens utilizing
that development as well as the community as a whole.
B. In order to prevent the erosion of natural beauty, the
decay of environmentc.l amenities and the dissipation of
both usefulness and function, it is declared necessary:
(1) To stimulate creative design for individual buildings,
groups, of buildings and structures, and other physical
developments;
(2) To encourage the innovative use of materials, methods
and techniques;
(3) To integrate the functions, appearances and locations
of buildings- and improvements so as to best achieve
a balance between privateprerogatives and preferences,
and the public interest and welfare.
Ordinance No. 77-25
Page 5
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18.58.020 ADMINISTRATION
A. Action: Within 30 days of receipt of Design Plans in
conformance with all aspects of the Tigard Municipal
Code the Planning Director or his agent shall approve,
disapprove or approve with conditions all Design Review
Plans required by this chapter, except as may be other-
wise provided under Section 18.58.040.
B. Findings: Action by the Planning Director or his agent
shall be based upon written findings pursuant to the
criteria of Chapter 18.58.060D.
C. Appeal: Action of the Planning Director or his agent may
be appealed to the Design Review Board by the applicant
or adjacent property owner provided:
a. The appellant deliver to the Planning Director a
written notice of appeal, stating his reasons for
appeal based upon the criteria of Chapter 18.58.
b. Said written notice of appeal is received by the
Planning Director within fifteen (15) days of the
applicant's receipt of n,.%tice of action by the
Planning Director or his agent.
D. Decision.: The decision of the Design Review Board shall
be final order subject to the provisions of 18.92 of the
Tigard Municipal Code.
E. Fee Required: At the time of the filing of the application
for approval of a Design Review Plan, the applicant shall
pay a fee to be determined by resolution of the City Council.
A request for modification of an approved Design Plan,
Pursuant to Sections8.58.06u (a) (3) shall be accompanied
by a fee as prescribed by Resolution of the City Council.
18.58.030 Applicability
Except for single family dwellings, no building permit or
-certificate of occupancy shall be issued except in conformance
with Chapter 18.58.
All new buildings, structures and physical improvements and
relocation, addition, extension and exterior changes of or to
existing buildings, structures and physical Improvements shall fi
be subject to design review including preparation of a design
plan, except as otherwise provided by Section 18058,040,
�. The term "
physicalimprovement"
not limited to as used herein includes, but is
Parking lot areas in excess of three spaces and
loading areas, retaining walls, signs, and out and fill or r
grading actions.
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Ordinance No. 77-x25
Page 6
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18.58.040 Conditional Applicability
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The Planning Commission or City Council may, as a condition '
of approval for a Zoning Ordinance amendment, subdivision
approval, or conditional use approval, require conformance
to the requirements of Chapter 18.58 and may specify Design
approval authority.
F. Final Plan: Following approval of the Design Plan the applicant
shall prepare final plans incorporating all aspects of the
Design Review Plan approval and file four copies with any f
necessary documents with the Planning Director. The Planning
Director will check the plans for conformance with Plan
approval. If the final plans ar found to befti .compliance it
shall be so certified by the Planning Director's signature.
A copy of the certified plans will be distributed to the
applicant, Director of Public Works, Building Official and e,
a copy placed on file with the Planning Department.
18.58.50 Matters Exempt
Single family detached dwelling structures and accessory''"
physical improvements, except as may be required pursuant to
section 18.58.040 are exempt from Design Revievr.
18.58.060 Design Review Procedure
A. Conformity to Site Plan
4 1. No building permit, grading permit, parking permit or
sign permit shall be issued, nor any use commence or be
enlarged, changed or altered until a design review plan,
as required under Chapter 18.58 is approved by the
Planning Director or his agent, or as may be prescribed ;
pursuant to Section 18.58.040.
'.
As may be dvte-. ,tined by the Plan~„g Director or his
agent, a grading permit, parking permit or sign permit
may be approved after preliminary consultation, with an
applicant, provided adequate evidence and findings india
nate compliance with the intent and purpose of Section
3. The Planning Director may approve changes in approved
�r design plans when he detenines the changes will not
si.gnificahtly alter the character, density, intensity t
or otherwise significantly change the plan. Significant
changes must be approved anew as required.by this �
Chapter.
tom,
4. The applicant shall demonstrate continued compliance
with the approved landscape plan at 12 months from the
4: date of issuance of occupancy for the approved site
., use plan.
Non compliance with the approved landscape plan pursuant
to this section shall be treated as a Zoning Ordinance.
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violation.
Ordinance No. 77-25
Page 7
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B. Preliminary
The applicant is encouraged to conslt the design guide-
u. r
lines and development plans of the City of Tigard that
affects the tract to be developed or improvements to be 6
made before he prepares required design review materials.
He should also discuss the concepts of the proposed
development or improvement ;aith the staff of the City of
Tigard Planning Department.
x. C. Application for Design Review
The applicant for approval of a Design Review Plan shall
1
consider the intent and purpose and the standards of 1
Chapter 1 .58 in preparing a Design Plan as herewith`
required.
As a minimum the Design Plan must contain, as appropriate,
the following:
�1 Site Plan (including vicinity reap)
2 Architectural Drawings (preferably prepared by a
licensed Architect)
(3) Landscape Plan and Irrigation Plan (preferably
prepared by a licensed landscape architect)
The application and Design_ Plan and support documentation
shall be submitted in the form as required by the Planning
ng Director determines it within
Department. If the Planni
the public .interest, due to the complexity and/or uniqueness
of a proposed project, he may require the services of a
licensed architect and/or landscape architect.
}: D. Standards_and Criteria
The review and approval of design plans and proposals as
set forth herein, based on the following criteria, shall
assure that a development or physical improvement is
designed and located in a manner which will best satisfy
the pus-pose and intent of this section.
1. Relationship to neighborhood and areas
a. It will not impair or interfere with, either the
development use, or enjoyment of other property in
the vicinity, or the orderly and pleasing develop-
ment of the neighborhood or area as a whale, or the
designed functions of public larsds and rights-of-way.
b. It will not directly, or in a cumulative fashion,
impair, inhibit, or limit further investment or im--
provements, in the vicinity, on the same or other
properties, including public lands and rights-of-way.
2. Project Development
a, It will properly and adequately perform or satisfy
its functional requirements without being unsightly
or creating substantial disharmony with regard to
its local and surxoun.dings;
Ordi.mAce No. 77-25
Page S
b. It will provide a safe, pleasing and liveable
environment for those people utilizing the
development, and immediate neighbors or community
as a whole.
c. It will be properly and adequately landscaped with
maximum retention of trees, minimum soil removal
and minimum grade changes as shall be in keeping
with the general appearance of the neighborhood
or area, and the safe, efficient and attractive
development of the site.
d. It shall provide a minimum on-site landscape area
of 10°% and in accordance with the following formula:
Residential zones - front 12' from the street.
right-of-way
Commercial zones - front 101
Industrial zones - front 20+
This is in addition to the requirements that
1. All areas not occupied by paved roadways or
walkways shall be landscaped and maintained.
2. Tree and shrub planting areas of a minimum 8'
in width within parking areas shall be provided
and maintained at approximately 701 on center
each way or an ag egiate amount.
3. A minimum five (5) foot landscape strip along
any lot boundary upon which a yard is required.
4. All off street parking and loading areas shall
be effectively screened from view from the
public right-of-way.
3. Aesthetic Design
It will minimize or eliminate adverse visual effects
which might otherwise result from unplanned or inap-
propriate development, design or juxtaposition. Such
adverse effects may include, but are not limited to
those produced by the design and locational character-
istics of;
a. The scale, mass, height, area and materials of
buildings and structures;
b. Surface and subsurface drainage and appurtenant
structures;
c. Cut and fill or the reforming of the natural terrain
and structural appurtenant thereto such as retaining
walls;
d. Areas, paths, and rights-of-way for the containment
movement or general circulation of persons, animals,
vehicles, conveyances and watercraft;
e. Other developments or improvements such as, but not
limited to, utility lines, storage or service areas
and advertizing 'features, which may result in a
diminution or elimination of sun and light exposure,
views, vistas, privacy, and general aesthetic value`
of the neighborhoodor area.. ,
Ordinance No. 77-25
Page 9
18e5 8.070 T-Iinor Deviations
A. Yards Required by the underlying zoning district may be
varied up to twenty (20) percent provided said variation
is demonstrated to result in a superior design in the
public interest or relates to a practical difficulty
associated with the natural character of the site.
B. Parking required by the underlying zoning district to
tiventy (20%) percent where special conditions warrant said
variation, and considering such factors as the following;
1. Availability of POblic Transit
2. Multiple or joint use of parking facilities
3. Special conditions such as housing for the elderly,
low income or studio apartments.
18.58.030 Bonding and Assurances
A. The Planning Director may require a bond or other adequate
;3 assurance as a condition of the Design Plan that conformance
to the approved design plan is completed. The Planning
Director may approve and release bonds up to x,50,000. The
bond or other assurance shall be released when conformance
to the Design Plan is certified by the Planning Director x
or his agent.
B. Landscaping shall be installed prior to issuance of occu-
pancy permits, unless security equal to the cost of the
landscaping as determined by the Planning Director is
filed with the City Recorder assuring such installation ..
within 6 months after occupancy. OSecurityn may consist of .
a faithful performanop bond payable to the city, cash,
certified check or such other assurance of completion I
approved by the city attorney. If the installation of
the landscaping is not completed within the six month
period the security may be used by the city to complete
the installation.
18.58.090 Validity Period
Design plans approved by the Planning Director shall remain
valid,for a period of one year following the date of its approval.
If at the end of that time construction has not begun, then the
{ site plan approval shall lapse and shall be in effect only if
x, resubmitted to the Director and again approved. All construction
and development under any building permit shall be in accardance
with the approved design plans. Any departure from such plan
other than that provided for in Section 18.58.070 shall be a
cause for revocation of a building permit or a denial of an
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occupancy permit. Any proposed changes in an approved plan
shallbesubmitted to the planning Director in accordance with
Section 1.8.58.020 for review and approval . Site development
shall be completed before issuance of occupancy permits unless
an extension of not longer than six months is grantedby the
Director.
Ordinance No. 77-25
Page 10
18.58.100 Off Site Improvement and Right-of-way
Right-of-way necessary to conform to the comprehensive devel-
opment plan and off-site improvements including but not limited
to street improvements, pedestrian ways, lighting and signali-
zation may be required upon the Planning Director finding that
a likelihood of an increased need for such improvements is
created by the proposed development.
Section 11: That Section 18.24 be amended to .read as follows:
1118.24.070 Usable Open Space and Recreation Areas--A-2 zone.
An area or areas for usable open space and recreational purposes
shall be provided in multi-family developments. A minimum of two
hundred square feet of recreation area shall be provided for each
of the first twenty dwelling units; two hundred fifty square feet
for units twenty-one through thirty; and three hundred square feet
for each unit over thirty. The surface area of recreation buildings,
including swimming pools, may be included in computing the minimum
size of the area. Recreational facilities shall be provided in keep-
ing with the need of the prospective tenants. Recreation areas shall
not be located in required yards, parking or maneuvering areas.
Table for Computing Multi-Family Open Space Requirements:
Dwelling Units Minimum Souare Feet
10 2,000
20 4,00O
30 6,500
40 9,500
50 12,500
60 15,500 n
1117.12.030 Planning Director authorized to approve plats and
maps--subject to appeal.
A. The Planning Director shall have all the power and duties
l.rith respect to preliminary and final plats of subdivisions,
and maps of major and minor partitions, in accordance with
the procedures related thereto, which are authorized by
Ore;on Revised Statutes and by this title, and the City
Council reserves unto itself the right to exercise equal
powers and duties in any given case, at its option.
D. Approval by the Pla��ning Director of subdivisions and
major and minor partitions of land inside the boundaries
of the City is required in accordance with this title
Ordinance leo. 77-25
Page 11
before a plat for any such subdivision, or a reap with
respect to a major or minor partition, may be riled or
recorded in the county recording office and the City
Council reserves unto itself the right to exercise equal
powers and duties in any given case, at its option.
C. Any person aggrieved by a decision of the Planning
Director in approving or disapproving any subdivision,
major or minor partition proposal may appeal such
decision to the Planning Commission by notice served
upon and filed with the City Recorder within 30 days
after the date of such action of the Planning Director
from which the appeal is to be taken.
D. .Any person aggrieved by a decision of the Plarning
Commission in approving or disapproving any subdivision,
major or minor partition proposal may appeal such de-
cision to the City Recorder within_ 10 days after the
date of such action of the Planning Commission from
which the appeal is to be taken. "
Section 12: Inasmuch as it is necessary to protect the City of Tigard's
.n-serest by amending the procedural and substantive requirements for
land use matters an emergency is hereby declared to exist and this
ordinance shall. be effective upon its passage by the Council and
approval by the Mayor.
PASSED: By .; .;,9 �,c vote of all Council members present this
day of , 1977, after being read
nee imes y num er and tit e on y.
ecorder - a y of Ti d
APPROVED: By the mayor this 11th day of April , 1977
.Mayor - o ga
Ordinance leo. 77-25
Wage 12
a
J
N ORDINT>NCE A1'','ENDING 70--37, t=?v'l'ITLED "CITY (1f .mGARD
ZO:v.LNG ORDINANCE OF 19 7 0, " .-b ,,h4 r,i�FD .'�> /'S CODIFIED 'S5 .1 1,P-L"S 7.8
o THE TIGARD MUNICIPAL CODE AND ORDINANCENOF8 48 E'NTJI LED °CITY
p TIGF_RD SUBDIVISION pRD1T NCE OF 1963, IS AV-,r-DED AND 7'S C0D1 i�•D
r TITLE ='�E TIG'--'ND 1 .'AL CCI`;, P1tr)Ct X11-:ria FOR
�zS 17 OF :ICI
EV?E l OF ZCiNE Cti7�,G'�,S, '•"�_^:JR ANID ;MAJOR ? D P? RTIT]0":S, SUE-DIVIS_TO-IN'S,
i r:SCRI?Ti,jG AN
Si TE DEVEL(-)P:--NT 1_ND rRC'ITEIC.IURAL ES t 1 ';LVL
. 11, -
EFFECTIVE DATE AND D=CLA=tZING AN E'-iERGENCY.
=;E CITY OF '.LICAD O�DA_CN'S =5 r0_ LOI';S: .
Secti-on 1: City Council rinds that pursuant to ORS 227, Ordinance
- 70-32 "City of —Joard Zoning Ordinance of 1970" and
OrS 68-48 "City of Tigard Subdivision Orci_r,ance Of 1968" hereinafter
Stated arr,"Zl ;sentS t0 Said 7.Onir,g and SLbC2ivisions ordinance after
due and legal notn_ce was s12})3nitted by Di?)l c h ar].ng by i!;e Ci }'
Planning Com- ssion c.n �/- :ate and to City Council
thereafter recommended that said zoning and subdivision ordinances
be amended is hereinafter set forth.
S =i 7 council fjjr-_der __nds ti-,at after dile 37 u 1C ccl r!vt?ce &
--_- -- public hearing -,,,;as held by the City Coa�cil on _i/
whereat all interested persons werF_' a_SCrc _=.d an L�✓Jt?i" li�iiy
�o be n aTd with respect thereto and, conditions presided Luliilled with
respect to the following amendments to the City Zoning and Subdivision
0 ±nan,ce.
Section 3: The (;ounci I ^urther finds that to purpose i01" tI3 Se
a )G�iSentS is Lo prdL the public health, safety a d
general welfare and .further more said. amend7ments serve to iimolement
the City 's (yC:iU"e le S1Ve Manning objectives and policies, and to
e__ecL efflci--lit and dbjC�ct?ble procedures to be i011Owed in land
use maters.
Section 4: That Chapter 18 . 92. 020 of the Tigard Y'uni cioal Code be
_._._ amended to read as follows:
"Section 18". 92. 420 Appeal to t:he C_ `y -Council_
(a) An action or ruling of the Pia, ring Co,-mission
authorized by this title may be appealed to he City Council
within 15 days after the Conrnission has rf}ndered its decision
by filing written notice with the City Recorder. Notice of
appeal Shall 'state the name or namies of the pets-tioner, date and
action of the CoIium ss-ion being challenged and the reasons fpr
such an appeal, a fee may be established by the City Council to
ORDINANCE NO. 77-
1
LO (3ef ray the Cc!st Of i-5rep-ar-lylg a vC_ bat3i-t transcription
Of tl GJ?"Inission hcari-ng If no ap r-,al iS La 1:i:.on w,Ithin
the 15 day period, the d,:?ci.si_on of the Co°,:mission shall be
fi-nal. TfL an app'aal is filed, %he couI?cil Shall :receive a
r pont" ai)d rC COIT.'u?i?C?atioil from the Planning Commission and a
verbatim transcript. of the hearing b -?'ore the Coromission and
shall hold a hearing on the record estMzbli shed before the
PTal?nirlg Co_,,'ni_ssion. Notjce of i=!:e p-L:bl iC hearing shall
be by One publication in a nee.-,sDai�er O^ C�n,cra1 c cil?atiOn
in "Che City, not less t an 5 days- and not iiiore 'i:h .n l0 days
he date oz" the bearing.
prior to i:
_ (b) -ph eCity Council shall have the a_ o;,�? to call up
'� _=ti-on or ruling o' the Plai7n_iig CO r-ilSjiOT2
for ileaci-1g ]C7'r_�ri:�;� 4y ti?P C1Ly C011riC-Ll. _n any instance
in which the Council exercises its pG:ser to call up a legis-
lative matter, the Co:incll shall decide. at the time it sets
the matter for public hearing whether new testimony shall
be received, or the r,,: i_Le-r heard On the record as in a�DD a.LS
Ullrsuant t0 Para�,;raph (a) If 1! W testi-MOny IS �O _ie
allot ed, the notice of DaSblic hearing shall be written so as
to inform the D-eblic of Cheat fact."
Section 5: That Chapter 18. 88 . 060 be amended to r_ad as folloi,,S :
"18.88. 060 r2a i rig - City Connell.
(a) Following the prescribed hearing before the
Planning Co.-u- i ssion a written report contai ning the l:_,dines
and reCo?i en da ti G^s Of Lha P1annln_g Cbrcniss ion as e r'1::)Ci i e d in
ordinance -Form shall he iot�,:arded to the City Co-:ncl L by _ e
Citi' eco:cder.
(b) limn receiL t of the Planning ComTission recomjr.:endation
the City COIInr.,_l SJia1]_ cC-( T O C-Gi?iirlYr, reverse, mGdlfv, Or r�-;ar!d
Lhe irlattter hack to the ?i `,I1i71Q Coi?r,lss:ion `Or furtliP_r teS_J_-)r_y,
or the City Council M_=Y S a _Ifs for } _acing "oe=ore the Ci-y
_ i1. 1f The ;:eager is "ju61c_a1" or "`!1",asi-- J-L1 _n
Co-unci _
character, the hearing shall be held on the record, that is,
no new test's ,Ony shall be Laken. If -L-n- I;atCer is "legislative"
In CiaaraC .E'I•, theCGuriCi_1 may d�aice ada_tio_,al t.vSt_i.1'TtOT'i!' at. _h,-
time Set Zoe pui-1 iC hearing,i e r . IinaV &'? =
cline tuo yt: new e teStiii!G'.?y
�._ _17g', Or
SG � _On 6 `mai. title 18 . 56. 040 s-ih-sect-1 Or (D) %? I n ed t0 rC-aG
---------
as f o l l O 5:
"Actions by the Planning COmo-rission in grar_ting approval
shall be fol-v;ar6ed to the Ci Ly CoIancil in ordinance fa�-M. acCGr"d_.nq
to the provisions of Chapter 18. 88. A Planning Comamission action
to deny the application may be appealed to the City Council as
provided in Chapter 18. 92. "
CRDINANCE NO. 77-
■
Section 7 : That Cbapter 18. 84 .011 be alr,;_nded to read I:s follov.,S :
r .
13 . 34 . 071 App,--al -co tile �.i_'Y Counczl . A party aaurleve
by the action ( C. lJi" L"Si n or hearil?gs officer ol: .=r,y
'L"Son to itielOirl :lpL-ic? oft'Zi? J7c_,_Y7: ng l;':S `;t }ij i i)r3L}3J]t -O 'C CiiOn
-13. E4. 031 ray a}�peal such -'p:rcval or r _vial #:o the City Council.
1112 i o }t}C11 y On 17=S O'�'pc ,!-1y . Ctlon 7_a�:en by the
lcniSlP7 C i` ;
SKCzs age lCals are :aid auz SONS tonafCqMtC,
Q3 P:a 15 of "VQK� 55"Q15 or paqE of rajor p5mi al 1C 6Oy approved
fl: ad &ElyiVINTLY 05 tc uieth, ;,zeral P111 o: .al-
TaSPICTS, n�EfE CitV "PLejoia±s it to
�W 51100t Tnx? phzte:n;
) Snoots Lod rnAds 1,16 for pri%"LE .sc :tee Marly lKizated
on the nPlat'-I P'aa ADd all 1warvarions or Z.&Stf
i C 0 s-o Ch.
prl%-aze roads and 50:,Els 21C set forth thereon;
(3) Os Lomat!v a p'-- n c,.t-.-;p!i es with t"ne a p, all =nd
Zoning ragwaKans of the city thenc
in effet;
(4) To tentative plat of a Subdivision or [--p of a
shall be approved unless there will exist PGe_-uate and C?jalizy
of . itey and an 5e-,:aEe dizpcsal sysz—, to supiport tr.ep--oposed
use of the 1a ,6 in zlie p:-op-,:sed ?'at.
Prior tozpp-rc.-,Tal of &.ny tentative plan of any or iGajc.r
i,artiti-op, the planning connission shall cooi-6_nate its ieview reof
'Ciz,h, all affnted City, county, Maze and 1 -..._rel ay.&Psies &1 6 a 3 1
affeclW yjacial disnActs. 2)e 1 E i t X -.._:S -,":-,a t _,c -I- Z)S a 1 a--,-f e C t S
intErests a--.' any pt;!Aic Tooy UW_ Ow the .=i to the
ie continued for such nnyiod of Hra as necessary
to c=:=Die c17)' SUCh 2ffeCted LC7,an(ty LO F-7i6 raport
zhey`nn
.
--7-sa�:,E-,-,Pt o-, wfittez C=Enls from LyWaI&S as listA A.
17 C 9 C l-, P I a 'n i i c
-iF -, Fez�t wel, as
cffizipl a 1 Y�4aw the conlerEs Of -I - a 2�enc�es as � I �
&t*:= appli�ahle city ra,Eulamons aK -!ecC-`.end caLtrr,Y2la disEpprovai or
-iC& orl plat to ..:.c DirecLor fe.
use
of the Planning sac; ? Dc. o:-'
V
of &Z FOEKM�ary L inQUAng rLAYSOCE ar;� -,eE 60,OMenZS
descrAbAZ any conditions or resnictions, and G .._ C S",-,2 lf -I 'z;a -e t UI-.;eaf
to the ap3jzanz and Gne rezain& in the DfAve of Kiv QLarKi Oth
lewTds of the Pinming Director' s in Wch ZhE PcOcr,
cziun 9: That Sections 17, 2L.030 be apen-ed to Vc,ad as follows:
' 17-2= .030 S'F,c-tch Map to Diic-C—c,T. A.
sketch pap shall be suboitted to the o: vs EV End
T F
and p7ovfsjonh of TKA 17 wd A. cf As TSFaic
NINK101 ..OA. if the plapasal OAUKI C7 :7,j L::r. T'i r
i rEF L'he 6,61 ca t A on of 1 and and Ea 2 c._ _-. _S _C'.-- 1 c:
prVPnsEl E'nall -,!01 bE processed as a Minor jall-le pa-- Titicpr! be Dr.-ly
- e-SAMAtted porsuant •to thE ef this HKe with resnpct to
pa:-. 1.C.-,-_. or sion.It
i .
C`.c-8C:. OS +'. ,o -OiIiOU I GT c.:C.?.. I
4
i
c _"v`_=3=1}r or
U
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_ ^iii�iFS Oi L7?
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a-- (d +of the _1 t] Gll1.
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\- �.
{;;�\'?�C^=T�cn�S \:R1Ci1 C7 'Sr COilt=?uU�E' tO i` es
-i o rb^=",OOG j f
a t_ac� =� ss or� an arEa or
at -f e
D O, p
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( ) TO E- C_'rc {f
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c U, 000
C_.-p er 1S.SS. s - at :: } b
LOT o_
c,_ of Lite F sr�-n� P_rec �� ?�lis_:Yt ;ros_� c:
.cti �cai d b}: t -
C. '� to 4Gi�n ..Ev:
-.='='1 c tcM1 -cto� a`li
... aIr, C. Ze- c Tcas0-1s for appeal
n L1 Gt.a t1-0 �)-
-_ r)OLiCE Cn�r ieT 18. 5S.
1 criteria of
Lt,c,n t_,e
a
_1 ; s :e
�.ald ,:•1.i ;.CLI =:✓t?C•E O"
LE:1t
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of
n C_. - c OI
on 1.,.
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r 1i enc Or
Lt~a �1 t1:C 'Ll
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ilo a:rj'11 i
3 02 2DDT0Yal O- a ad Uv -s0'L`L :0D C'i
be
to
nay
r _..� Iii-=.Cat'c,r, C . erecu", 10
5u
to S=cLic•n - Ci Cct_rtcil
5v :...
r
c'
tar
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st-�Yc 'mss ' c- or t0
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l,�i_. i. f'K _Ci. alv y - Sa11. l:,'
stTUC L-nc Cf a J 5O �.,l aT•
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is
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-ri�� ; _l
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a.
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•1?� D1lLCUr c =:�':.?_E.- _
-riC r:'�_ _�c .LS J, ,_C OT OZ ,- - '--
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l
` n;le ._:n'-1y Structures tl-d accessory
Cpl �.i: C1_ - 7 iXC DC ,
r,-';t-Si -,
-,=ioII �. ?,. �,_. _, moi._ _ fe 1cam.
CC, Citi.. 1 t0 S1
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,7• - pr�L_ - c ` , _ c. =pM j.�c
tc. Fi,c C_._.c•C =T_
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- C ;C _-c s
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♦-f�,i: _ C. E --- - � =., .`, .-` _ 3�:S�G�?�. 'y} Gri �ti Ci L
tCr
aot is "Lm.- 10 CO2vul
Wans d the CIVY of " 'A" 77" affects the
be rocs befura 1-2
foq'i1 ir6 1, =nt OL _.-. —O:1L
discuss the CO:.c= t_ of QW ploy2now' .'• -.r _ng �_ a,lt.
-,:1 to ..-, S',- -f _.,e
City of} J _
T,_. g.>_:1 Kant ;nf -t,i'TG:fl O' .( C �- _.D .1 1 `. ,> In
the ---nt and uur :;s- and stile -5 _ _
__ Gr_._j 2 ij'as1_n ?}c; 2c nc=cl.ITil
i' i
_ ) i- est CC,7 , a_
Lainc ire_C•r "'?f
r_S 2 %;3ni..:U ill tl7e Des_gtl Fla
_ -
the -ollo-ingo
/7
Site Plan Uncltidi& V?cini`ty map) _
t -i - + c (r,, eiErably Dfep,^red 1)y y }icerced
i
-) ANO ieC i. e -
Plan
architect)
1i F
MAY l an and
The ,p2jcation and
) t e _ `:npn Director
s at. '-1 tll _pd
O- C ��_
If - i ✓ c c o
=ire t -n7 >, .t�- -;d/o1
LO
due r_i�._ _ nad ,-.
he any leqldrenbe !"roces
D. S �-_a_ c_ anc CT - feria
as set . F
Wed on "E
Brit i5
c } ; -
an
-
�,;ci7 ill _sf
n _ fi a
_ection.
__1. in to Ta - ha.,! Zither the
A_` ;
w 1, a t T r -
r r ,n ts:
6evelopment usn or _ r
_ � �`�n z L-tC•y t-� CL
vicinity, e oVerly &-T!6
=2 s 2 ,.:701 - �or the O --c-'�d.
c ham= I ,v�i00d
or �_. d )
sl,-�:.J on c. C.): iOC`;is -
`- � TI=r t
2. .0 ' e tie f o'r)i_ OT SWAY it �...
, 7 i f Gi + or
t?z .3 c sl :} 7
its lo
functional r __ _ to local�21...d1�f,_T-r.!Jt.�' L;ith`r.E'�2T6 E..
creating .,�`
0����'
1
1. $t -i C t to
Q ,'C` i•<'C11? , .d b~t' ti,E'. C:=}.V �3� lc. _.. Jd•
l i.0 rcSLlL
00) 1E;CL C DiO\ iCa`,d ;C i - t
n b
I "J r! L1_Ur ;.:'cr', r.. '1)bli •rl� s _
r1 .ciufal CL3:ec%?
r
o'-actical riilI?r-illi}' i=cCGr: �Li'd
with
of t'rie cite_. t.o
B. ar
Pr.ing requir ed by 'lie id u::Cle1'l�,',U� �', ip� L1_ i_.i Y
Sri �1 CC:.:i•`i ti 0:715 ;:ETTant c.a .d Valle ti On,
�0=5 :s the follo 7r--S
1 l�ii._bilit}' Gf �" liC T' it -
2. I'm'It1ple or joint i se of par :inc, iaciliiias
3. Cii*:Cial COnC1tiC'n5 clJch c5 hUU=1 '- for the elderly,
-
`file Planning Diiect.Or rr:ay Tequi-re.a bond OT Utt]Er odecUate
A. r si:^n r?zn t` at confo,;:ance
2ssura"=.ce as 2 COnliti.on O1. t"-e '- ,re p]anr�ii'?� 77irEctor
CEci"'n plan P)
is Cot;-lilEt. 'd.
to t� ntl it � :d -i(1 a���, :r-'2 hp:]d Gr other
id ?"el b-1. S i p 1.O s p
rC `d an
,..a.y u.tr-' .� 1 i .:�?r11 �L+7i rO_- -73re i.0 tile L 51on -
F5ura:1'-= Thal be tC
a r
t;ie �rireCter a - -
�S CeT ti=led by !SSUcc '_C of Urt -
.. r
si:all be instal led pr;oT to ? _
t^,e n a7 T?
S�CVi it\' :-L:UrI to tr cUSt O=
- n� -17i i'f.^ �) r?CLor 1S f'` Ci GJ, h rie C. Ly
C �_c_.Lr iP.' SllCll inS�$lti ifi Ori W� 4!?sn '
�� n.Siecllri t " i_.., .y CUn=1St O. a _a n_L'_ �." '
' GCCL:I•ar±C} } i.- r LLirl'i Otl-:or
bond payable to the .city, tach, cerLi --ed.cnec. o- If
-�",cre6 by -,I-,e c- ty attorne}'.
assurance of cc.mpletlan ar i
`ti l�P c_an, S LOt. CC' 't D' le._ed kTi t'.-in
T�St2llatlon OI -'De o to
0 U_it ,,t.0 '-%= USE-6 u- the Cit}'
_ire 5_?. t,i;lll tl w.f-.._1C,V Lhe .. _ _
_'rle instailation.
l8.`S.G90 Va✓i cit} `eriod
Ile pl D, -,. -:!C tor s ,all Te .alu 1721id
Zoci2n P any 'P:1?C' 20by
,..5 "1-?-r - a1 1
Ipr a ne od OI C•:, - c c ci C
at ire cnd UT_ +..l:dt }r ��r t 7'1V i f oSlib ii t eed
Se end al l be U
p!an apil oval =r,a13 acs,: -all
i
-iP. a: r'-GVeC:, h11 GJP.S. is L1c, . and 6eve cp—ii_rlt a
to the Leis'ecto'r and a&a tPr'� i7 aCC..�zdcT-t- ,,'i 3}l the approl o }
under any building Permit shall be
uecic:r: pl an5, nny dc—Da-EtuTe from Such plan Cill-cT i n that pr011 G"G
�c, o f a Ii7.11 1 C1_=1
_c.all. iP a CaUle
IO: !r: CEC t"tC ..moi..`..C _,ed C;antes
S t. {
7.t c r a C ' -l.al Ci a i oCC`� P,ct'_' `:c Dir ector
an v OT e� -, x ova
d
rCCO G 1C 1tn Ctxr? i
be CG':�1_.Le6 i}efo-re iSs.. .nze p,{ p^..ClltcnG}' i
Site 0,E. f l 073 tom. - -..�
r�i tc t?:�.e_:5 ail
e?'iFL'S1Gn OZ not lG:l_er te,o_. 7:. %�✓ntPS15. granted
by '.he bcarC. - t
{
- -
t
t
LO 'iS fu
- ll c•
.,ct •.
r_nd rrc�c.t �a.a}_ r i.
all_ lie
arca O. c2S ,U_ _ r cry
C.. ,�., -1 t.l -ill?I� (') :{+.a i(. .. �L
=Ul'ir�cGc:—illy Gavc1�n.�D�S. .. i.- -
^�� t }
t. j�,P, e7�2 S„a•ll �2 .r r c v i 6e,d -or ilaCR OI --
=2Pt U= - c• -.:n })c�--.. sri �� u
rt\' SraTC ' -nits
^ 01
1.Y)c iLC2p 1PCC'='rll tiii� the minimum s ze Of is, arcd h'Crcaa-2U,
S G. n. - �..
ith ea tna p=oecti\e
rCC. C. -
or S
r
?0
?0 6, 00
40
60 _ �F-)
- - -- -cs - 7�nc
S
V0tS Or —1 ��iC_ fir�;7iO?^a i �G kt ;S
1977,
_.
-r 2 it
APPROVED: BY s MaYOr tt,is _ �_ � � _ ��°�Y of �� _ . .. _n X517
h
C+'; yrr — City of Tigard
MEMORANDUM
TO: CITY COUNCIL
FROM: STAFF
HE: PROPOSED PROCEDURAL CHANGES
Since the March 21 study session both the Design Review
Board and the Planning Commission have reviewed the proposed changes
and have recommended City Council approval. In reviewing the pro-
posed changes both bodies recommended changes. These changes and
other minor changes are listed below with the new wording underlined
and wording to be removed in parentheses O .
Page 3, Section 7, Line 8
". . .the procedures set forth in this title and Title 17, . . . "
Page 4, Section 8, Paragraph 5, Line 2
It .partition, the planning director (commission) shall co-
ordinate.his (its) review thereof. . . "
Page 6, Section 10, Paragraph 2, Line 3
". . .Chapter 18.58.060 D".
------------------ Paragraph C, Line 2
" . . .appealed to the Design Review Board by the applicant or
adjacent property owner provided:"
------------------ Paragraph C.a, Line 1
"The appellant (applicant) deliver. . .11
------------------ Paragraph C.b, Lines 2 & 3
". . .Director within fifteen (15) (ten (10)) of (the applicant 's
receipt of notice of) action. . . "
Page 8, Paragraph C (3) , Line 1
"Landscape and Irrigation Plan"
Page 10, Paragraph A, Line 1
"Yards required by the underlying zoning district may be
varied up to twenty. . . "
......... .._..
----------------- Paragraph 18.58.090 Last Sentence s
"By the director (board) . . ."
Add after Section 11
'117.12.030 Planning Director authorized to approve
plats and snaps--subject to appeal . (a) The planning di-pec- E
for shall have all the power and duties with respect to pre-
liminary and final plats of subdivisions, and maps of major i
and minor partitions, in accordance with the procedures re-
lated thereto, which are authorized by Oregon Revised Statutes
and by this title, and the city council reserves unto itself
the right to exercise equal powers and duties in any given a
case, at its option.
(b) Approval by the planning director of subdivisions
and major and ming partitions of land inside the boundaries
of the city is required in accordance with this title before
a plat for any such subdivision, or a map with respect to a
major or minor partition, may be filed or recorded in the
county recording office, and the city council reserves unto
itself the right to exercise equal powers and duties in any
given case, at its option.
(c) Any person aggrieved by a decision of the planning
director in approving or disapproving any subdivision, major
or minor partition proposal may appeal such decision to the
Planning Commission by notice served upon and filed with the
city recorder within 30 days after the date of such action of
the planning director from which the appeal is to be taken.
(d) Any person aggrieved by a decision of the Planning
Commission in approving or disapproving any subdivision,
major or minor partition proposal may appeal such decision to
the city recorder within 10 days after the date of such ac-
tion of the Planning Commission from which the appeal is to
be taken. "
<z
CITY OF TIGARD, OREGON
ORDINANCE No. 77-
AN ORDINANCE AMENDING ORDINANCE No. 70-32, ENTITLED "CITY OF TIGARD ZONING
ORDINANCE OF 1970;' AS AMENDED AND AS CODIFIED AS TITLES 18 OF THE TIGARD
MUNICIPAL CODE AND ORDINANCE No. 68-48 ENTITLED 'CITY OF TIGARD SUBDIVISION
ORDINANCE OF 1968", AS AMENDED AND AS CODIFIED AS TITLE 17 OF THE TIGARD
MUNICIPAL CODE, REVISING PROCEDURES FOR REVIEW OF ZONE CHANGES, MINOR AND
MAJOR LAND PARTITIONS, SUBDIVISIONS, SITE DEVELOPMENT AND ARCHITECTURAL
DESIGN REVIEW, PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: City Council finds that pursuant to ORS 227 Ordinance 70-32
"City of Tigard Zoning Ordinance of 1970" and ORS 68-48 "City
of Tigard Subdivision Ordinance of 1968" hereinafter stated amendments to said
zoning and subdivisions ordinance after due and legal notice was submitted
by public hearing by the City Planning Commission on
date and to City Council thereafter recommended that said zoning and subdivision
ordinances be amended is hereinafter set forth.
Section 2: Council further finds that after due and legal notice public hearing
was held by the City Council on whereat all
interested persons were afforded an opportunity to be heard with respect thereto
and, conditions presided fulfilled with respect to the following amendments
to the City Zoning and Subdivision Ordinance.
Section 3: The Council further finds that the purpose for these amendements is
to protect the public health, safety and general welfare and
furthermore said amendments serve to implement the City's Comprehensive Planning
objectives and policies, and to effect efficient and objectible procedures to
be followed in land use matters.
Section 4: That Chapter 18.92.020 of the Tigard Municipal Code be amended to
read as follows:
"Section 18.92.020 appeal to the City Council. An action or ruling
of the Planning Commission authorized by this title may be appealed to
the City Council within 15 days after the Commission has rendered its
decision by filing written notice with the City Recorder. Notice of appeal
shall state the name or names of the petitioner, date and action of the
Commission being challenged and the reasons for such an appeal, a fee
may be estabisihed by the City Council to defray the cost of preparing a
verbatim transcription of the Commission hearing. If no appeal is taken
within the 15 day period, the decision of the Commission shall be final.-
If an appeal is filed, the Council shall receive a report and recommendation
from the Planning Commission and a verbatim transcript of the hearing
before the Commission and shall hold a hearing onthe record established
before the Planning Commission. Notice of the public hearing shall be
by one publication in a newspaper of general circulation in the City,
not less than 5 days and not more than 10 days Opi`or to the date of the
hearing."
.z
Section 5: That Chapter 18,88.060 be amended to read as follows:
"18.88,060 hearing - City Council (a) Following the prescribed
hearing for the Planning Commission a written report containing the findings
and recommendations of the Planning Commission as embodied in ordinance
shall be forwarded to the City Council by the City Recorder.
(b) Upon receipt of the Planning Commission recommendation Council
shall act to confirm, modify or remand back to the Planning Commission
for further testimony."
Section 6: That title 18.56.040 subsection (b) be amended to read As follows:
"Actions by the Planning Commission in granting approval shall be
forwarded to the City Council in ordinance form according to the provisions
of Chapter 18.88. A Planning Commission action to deny the application
may be appealed to the City Councilcas provided in Chapter 18.92."
Section 7: That Chapter 18.84.071 be amended to read as follows
"18.84.071 Appeal to the City Council. A party aggrieved-,by,.the
action of the Planning Commission or hearings officier or any person
to= 3oAl notice of the hearing was sent pursuant to Section 18.84.051 may
appeal such approval or denial to the City Council. The Council may on
its own motion review any action taken by the Planning Commission or by
i
the hearings officier. Any appeal here under shall be subject to
provisions of Chapter 18.92. In accordance with the procedures set forth
in the subdivision ordinance, Title 17, the City Council shall hold a
hearing with respect to the appeal on the application as set forth in
the transcript of the hearing, the written findings of the Planning
Commission or of the hearings officier, and the action proposed be taken
by the Planning Commission, hearings officer with respect to the proposed
use of the land. The City Council shall determine the matter on the
basis of the record previously developed. The City Council may amend,
rescend, or affirm any action previously taken either by the Planning
Commission or the hearings officer."
Section 8: That Chapter 17.18.100 be amended to read as follows:
17.16.100 Tentative Approval. "within 60 days of the date of
submission of the preliminary plat the .Pianning Director or his agent will
review the plan and reports of the agencies listed in section 17.16.090
and may give tentative approval of the preliminary plat as submitted
or it may be modified; or if disapproved shall express the Planning
Director's disapproval and reasons therefore.
No tentative plan for a proposed subdivision and no tentative
plan for a major partition shall be approved unless:
ORDINANCE No. 77- 2
is
(1) Streets and roads are laid out so as to conform to
the plats of subdivisions or maps of major partitions already approved
for adjoining property as to width, general direction and in all other
reppects, unless the city determines it to be in the public interest to
modify the street or road pattern;
(2) Streets and roads held for private use are clearly indicated
on the tentative plan and all reservations or restrictions relating to such
private roads and streets are set forth thereon;
(3) The tentative plan complies with the comprehensive plan and
applicable zoning regulations of the city then in effect;
(4) No tentative plat of a subdivision or map of a major partition
shall be approved unless there will exist adequate quantity and quality
of water and an adequate sewage disposal system to support the proposed
use of the land described in the proposed plat.
Prior to approval of any tentative plan of any subdivision or major
partition, the planning commission shall coordinate its review thereof
with all affected city, county, state and federal agencies and all
affected special districts. Where it appears that the proposal affects
jurisdictional interests of any public body other than the city, the
review proceedings shall be continued for such period of time as necessary
to enable any such affected agency to consider the proposal and report
thereon.
Folluwi ;g receipt of written comments from agencies as listed in
17.16.090 the Planning Director, Director of Public Works, and Building
Official shall review the concerns of the affected agencies as well as
other applicable city regulations and recommend approval, disapproval or
modification of the proposed tentative plat to the Planning-Director for
use in his final determination.
The action of the Planning Director shall be noted on two copies
of the preliminary plat including reference to any attached documents
describing any conditions or restrictions, and one copy shall be returned
to the applicant and one retained in the office of City Recorder with
records of the Planning Director's determination in which the action
was taken.."
Section 9: That Sections 17.24.030 be amended to read as follows:
"17.24.030 Sketch Map - Submission to Planning Director. A
sketch map shall be submitted to the Planning Director for review and
determination of the proposed minor land partition shall be consistent
with the Comprehensive Plan and provisions of Title 17 and 18 of the Tigard
Municipal Code. If the proposal includes or should the Planning Director
require the dedication of land and easements for roads or streets, the
proposal shall not be processed as a minor land partition but may be only
re-submitted pursuant to the requirements of this title with respect to
major land partition or subdivision."
ORDINANCE No. 77-� 3
Section 10: That Chapter 18.58 and 18.59 be amended in full as follows:
"Chapter 18.58 DESIGN REVIEW
18.58.010 Intent and Purpose
The intent and purpose of Design Review is to promote the general
welfare by encouraging attention to site planning and giving
regard to the natural environment, creative project design and the
character of the neighborhood or area.
A. It is in the public interest and necessary for the promotion
of the safety, convenience, comfort and prosperity of the
citizens of the City of Tigard.
(1) To preserve and enhance; the natural beauties of the land
and of the man-made environment, and enjoyment thereof;
(2) To maintain and improve the qualities of, and relationships
between individual buildings, structures, and the physical
developments which best contribute to the amenities and
attractiveness of an area or neighborhood;
(3) To protect and insure the adequacy and usefulness of public
and private developments as they relate to each other and
to the neighborhood or area.
(4) To insure that each individual development provides for
a quality environment for the citizens utilizing that
development as well as the community as a whole.
B. In order to prevent the erosion of natural beauty, the decay-
of environmental amenities and the dissipation of both use-
fulness and function, it is declared necessary:
(1) Tostimulatecreative design for individual buildings,
groups, of buildings and structures, and other physical
devalopments;
(2) To encourage the innovative use of materials, methods !
and techniques;
i
(3) To integrate the functions, appearances and locations
of buildings and improvements so as to best achieve a balance
between private prerogatives and preferences, and the public
interest and welfare.
c
3
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ORDINANCE No. 77- 4
F
5 I
18.58.020 ADMINISTRATION
A. Action: Within 30 days of receipt of Design Plans in
conformance with all aspects of the Tigard Municipal
Code the Planning Director or his agent shall approve,
disapprove or approve with conditions all Design Review
Plans required by this chapter, except as may be other-
wise provided under Section 18.58.040.
B. Findings: Action by the Planning Director or his agent shall
be based upon written findings pursuant to the criteria of
Chapter 18.58.
C. Appeal: Action of the Planning Director or his agent may be
appealed to the Design Review Board by the Applicant provided:
a. The applicant deliver to the Planning Director a written
notice of appeal, stating his reasons for appeal based
upon the criteria of Chapter 18.58.
b. Said written notice of appeal is received by the Planning
Director within ten (10) days fo the applicant's receipt
of notice of action by the Planning Director or his agent.
D. Decision: The decision of the Planning Commission shall be a
final order subject to the provisions of 18.92 of the Tigard
Municipal Code.
E. Fee Required: At the time of the filing of the application
for approval of a Design Review Plan, the applicaut shall
pay a fee to be determined by resolution of the City Council.
A request for modification of an approved Design Plan, pursuant
to Section 18.58.060 (a) (3) shall be accompanied by a fee as
prescribed by Resolution of the City Council
18.58.030 Applicability
Except for single family dwellings, no building permit or
certificate of occupancy shall be issued except in conformance with
Chapter 18.58.
All new buildings, structures and physical improvements and
relocation, addition, extension and exgerior changes of or to
existing buildings, structures, and physical improvements shall be
subject to design review including preparation of a design plan,
except as otherwise provided by Section 18.58.040.
The term °'physical improvement" as used herein includes, but is
not limited to, parking lot areas in excess of three spaees and
loading areas, retaining walls, signs, and cut and fill or grading
actions.
5
ORDINANCE No. 77-
�4
a ,
18,58.040 Conditional Applicability
The Planning Commission or City Council may, as a coed tion
of approval for a Zoning Ordinance amendment, subdivision approval,
or conditional use approval, require conformance to the requirements
of. Chapter 18.58 and may specify Design approval authority.
F. Final Plan: Folldwing approval of the Design Plan the applicant shall
prepare final plans incorporating all aspects of the Design Review
Plan approval, and file four copies with any necessary documents
with the Planning Director. The Planning Director will check
the plans for conformance with Plan approval. If the final plans
are found to be incompliance it shall be so certified by the
Planning Director's signature. A copy of the certified plans will
be distributed to the applicant, Director of Public Works, Building
Official and a ropy placed on file with the Planning Department.
18.58.50 Matters Exempt
Single family detached dwelling structures and accessory
physical improvements, except as may be required pursuant to
Section 18.58.040 are exempt from Design Review.
18.58.060 Design Review Procedure
A. Conformity to Site Plan
1. No building permit, grading permit, parking permit or
sign permit shall be issued, nor any use commence or be
enlarged, changed or altered until a design review plan,
as required under Chapter 18,58 is approved by the Planning
Director or his agent, or as may be prescribed pursuant to
Section 18.58.040.
2. As may be determined by the Planning Director or his
agent, a grading permit, parking permit or sign permit may
be approved after preliminary consultation with an applicant,
provided adequate evidence and findings indicate compliance
with the intent and purpose of Section 18.58.
3. The Planning Director may approve changes in approved
design plans when he determines the changes will not
significantly alter the character, density, intensity or
otherwise significantly change the plan. Significant
' .ch$ngastmhstc:bei-apptoved��an:ew-asuxegdibed :bgstH'1s:.Chapter.
4., The applicant shall demonstrate continued compliance with a
the approved landscape plan at 12 months from the date of
issuannee of occupancy for the approved site use pian.
"cion compliance with the approved landscape plan pursuant
to this section shall be treated as. a Zoning Ordinance < '?
violation. .
ORDINANCE No. 77 6
� py:
B. Preliminary.
The applicant is encouraged to consult the design guidelines
and development planscf the City of Tigard that affects the
tract to be developed or improvements to be made before he
prepares required design review materials. He should also
discuss the concepts of the proposed development or improvement
with the staff of the City of Tigard Planning Department.
C. Application for Design Review
The applicant for approval of a Design Review Plan shall consider
the intent and purpose and the standards of Chapter 18.58 in
preparing a Design Plan as herewith required.
As a minimum the Design Plan must contain, as appropriate,
the following:
(1) Site Plan (including vicinity map)
(2) Architectural Drawings (preferably prepared by a licensed
Architect)
(3) Landscape Plan (preferably prepared by a licensed landscape
architect)
The application and Design Plan and support documentation shall
be submitted in the form as required by the Planning Department
If the Planning Director determines it within the public interest,
due to the complexity and/or uniqueness of a proposed project,
he may require the services of a licensed architect and/or
landscape architect.
D. Standards and Criteria
The review and approval of design plans and proposals as set
forth herein, based on the following criteria, shall assure that
a development or physical improvement is designed and located
in a manner which will best satisfy the purpose and intent of
this section.
1. Relationship to neighborhood and areas
a. It will not impair or interfere with, either the
development use, or enjoyment of other property in the
vicinity, or the orderly and pleasing development of
the neijhborhood or area as a whole, or the desiged
functions of public lands and rights-of-way.
b. It will not directly, or in a cumulative fashion,
3' impair, inhibit, or limit further investment or im-
provements, In the vicinity, on the same or other
properties, including public lands and rights-of-way.
2. Project Development
a; It will properly and adequately perform or satisfy its
r functional requirements without being unsightly or
creating substantial disharmony with regard to its local
and surroundings;
ORDIWLNCR No. 77 7
b. It will provide a safe, pleasing and liveable
environment for those people utilizing the development,
and immediate neighbors or community as a whole.
c. It will be properly and adequately landscaped with
maximum retention of trees, minimum soil removal and
minimum grade changes as shall be in keeping with the
general appearance of the neighborhood or area, and
the safe, efficient and attractive development of the
site.
d. It shall provide a minimum on-site landscape area of
10% and in accordance with the following formula:
Residential zones - front 12' from the streeting right-
of-way
Commercial zones - front 10'
Industrial zones - front 20'
This is in addition to the requirements that
1. All areas not occupied by paved roadways or
walkways shall be landscaped and maintained.
2. Tree and shtub planting areas of a minimum 8'
in width within parking areas shall be provided and
maintained at approximately 70' on center each way
or an aggregiate amount.
3. A minimum five (5) foot landscape strip along any
lot boundary upon which a yard is required.
4. All off street parking and loading areas shall be
effectively screened from view from the public
right-of-way.
Aesthetic Design
It will minimize or eliminate adverse visual effects
which might otherwise result from unplanned-.or inappropriate
development, design or juxtaposition. Such adverse effects
may include, but are not limited to those produced by the
design and locational characteristics of:
A. The scale, mass, height, area and materials of
buildings and Structures;
b. Surface and subsurface drainage and appurtenant
structures;
C. Cut and fill or the reforming of the natural terrain
and structural appurtenant thereto such as retaining
walls;
d. Areas, paths, and rights-of-way for the containment
movement or general circulation o persons, animals,
vehicles, conveyances and watercraft;
e. Other developments or improvements such as, but not
limited to, utility lines, storage or service areas; and
advertizing features, which may result in a diminution
or elimination of sun and light exposure, views,
vistas, privacy, and general aesthetic value of the
`neighborhood or area.
ORDINANCE No.- 8
18.58,070 Minor Deviations..,
A. Yards Required by the underlying zoning district to twenty
(20) percent provided said variationn.is demonstrated to result
in a superior design in the public interest or relates to a
practical difficulty associated with the natural character
of the site.
B. Parking required by the underlying zoning district to twen.ty
(2070 percent where special conditions warrant said variation,
and considering such factors as the following:
1. Availability of Public Transit
2. Multiple or joint use of parking facilities
3. Special conditions such as housing for the elderly,
low income or studio apartments.
18.58.080 Bonding and Assurances
A. The Planning Director may require a bond or other adequate
assurance as a condition of the Design Plan that conformance
to the approved design plan is completed. The Planning Director
may approve and release bonds up to $50,000. The bond or ;other
assurance shall be released when conformance to the Design Plan
is certified by the Planning Director or his agent.
B. Landscaping shall be installed prior to issuance of occupancy
permits, unless security equal to the cost of the landscaping
as determined by the Planning Director is filed with the City
Recorder assuring such installation within 6 months after
occupancy. "Security".may consist of a faithful performance
bond payable to the city, cash, certified,check or such other
assurance of completion approved by the city attorney. If
the installation of the landscaping is not completed within
the six month period the security may be used by the city to
compkete the installation.
18.58.090 Validity Period
Design plans approved by the Planning Director shall remain valid
for a period of one year following the date of its approval. If
at the end of that time construction has not begun, then the site
plan approval shall lapse and shall be in effect only if resubmitted
r`
to the Director and again approved. All construction and development
under any building permit shall be in accordance with the approved
design plans. Any departure from such plan other than that provided
for in Section 18.58.070 shall b: a cause for revocation of a building
permit or a denial of an occupangy permit. Any proposed changes
in an approved plan shall be submitted to the Planning Director
in accordance with Section 18.58.020 for review and approval.
Site development shall be completed before issuance of occupancy
permits unless an extension of not longer than six months is granted
by the board.
=Y
ORDINANCE No. 77- 9 `
nc.
18.58.100 Off Site Improvement and Right-of-way
Right-of-way necessary to conform to the comprehensive development
plan and off-site improvements including but not limited to street
improvements, pedestrian ways, lighting and signalization may be
required upon the Planning Director finding that a likelihood of an
increased need for such improvements is created by the proposed
development.
Section 11: That Section 18.24 be amended to read as follows:
"18.24.070 Usable Open Space and Recreation Areas--A-2 zone.
An area or areas for usable open space and recreational purposes shall be
provided in multi-family developments. A minimum of two hundred square
feet of recreation area shall be provided for each of the first twenty
dwelling units; twc hundred fifty square feet for units twenty-one through
thirty; and three hundred square feet for each unit over thirty. The
surface area of recreation buildings, including swimming pools, may be
included in computing the minimum size of the area. Recreational facil-
ities shall be provided in keeping with the need of the prospective
tenants. Recreation areas shall not be located in required yards, park-
ing or manevuering areas.
Table for Computing Multi-Family Open Space Requirements:
Dwelling Units Minimum Square Feet
10 2,000
20 4,000
30 6,500
40 9,500
50 12,500
60 15,500 "
Section 12: Inasmuch as it is necessary to protect the City of Tigard's
interest by amending the procedural and substantive requirements for land
use matters an emergency is hereby declared to exist and this ordinance
shall be effective upon its passage by the Council and approval by the #,
Mayor.
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CITY OF TIGARD, OREGON
ORDINANCE No, 77-
AN ORDINANCE AMENDING ORDINANCE No. 70-32, ENTITLED "CITY OF TIGARD ZONING
ORDINANCE OF 1970;1 AS AMENDED AND AS CODIFIED AS TITLES 18 0r THE TIGARD
MUNICIPAL CODE AND ORDINANCE No. 68-48 ENTITLED "CITY OF TIGARD .SUBDIVISION
ORDINANCE OF 1968", AS AMENDED AND AS CODIFIED AS TITLE 17 OF THE TIGARD
MUNICIPAL CODE, REVISING PROCEDURES FOR REVIEW OF ZONE CHANGES, MINOR AND
MAJOR LAND PARTITIONS, SUBDIVISIONS, SITE DEVELOPMENT AND ARCHITECTURAL
DESIGN REVIEW, PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: City Council finds that pursuant to ORS 227 Ordinance 70-32
"City of Tigard Zoning Ordinance of 1970" and ORS 68-48 "City
of Tigard Subdivision Ordinance of 1968" hereinafter stated amendments to said
zoning and subdivisions ordinance after due and legal notice was submitted
by public hearing by the City Planning Commission on
date and to City Council thereafter recommended that said zoning and subdivision
ordinances be amended is hereinafter set forth.
Section 2: Council further finds that after due and legal notice public hearing
was held by the City Council on wher,-,at all
interested persons were afforded an opportunity to be heard with resDect thereto
and, conditions presided fulfilled with respect to the following amendments
to the City Zoning and Subdivision Ordinance.
Section 3: The Council further finds that the purpose for these amendements is
to protect the public health, safety and general welfare and
furthermore said amendments serve to implement the City's Comprehensive Planning
objectives and policies, and to effect efficient and objectible procedures to
be followed in land use matters.
Section 4: That Chapter 18.92.020 of the Tigard Municipal Code be amended to
read as follows:
"Section 18.92.020 appeal to the City Council. An action or ruling
of the Planning Commission authorized by this title may be appealed to
the City Council within 15 days after the Commission has rendered its
decision by filing written notice with the City Recorder. Notice of appeal
shall state the name or names of the petitioner, date and action of the
` Komi -zssion being challenged and the reasons for such an appeal, a fee
may be estabisihed by 'the City Council to defray the cost of preparing a
verbatim transcription of the Commission hearing. If no appeal is taken
within the 15 day period, the decision of the Commission shall be final.
If an appeal is filed, the Council shall receive a report and recommendation
from the Planning Commission and a verbatim transcript of the hearing
before the Commission and shall bold a hearing on the record established
before the Planning Commission. Notice of the public hearing shall be
by one publication in a newspaper of general circulation in the City,
not less than 5 days and not more than 10 days prior to the date of the
hearing."
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t
t
Section 5: That Chapter 18.88.060 be amended to read as follows: ;'
t
1,18.88.060 hearing - City Council (a) Following the prescribed I
hearing for the Planning Commission a written report containing the fidir.gs i'
and recommendations of the Planning Commission as embodied in ordinance £ ,
shall be forwarded to the City Council by the City Recorder. :
(b) U on re eipt Qf t e Planningt Commission recommendation Council
c
t io conTrnn, me i y or emanel�back to the Planning Commission
for further testimony. ,g
Section 6: That title 18.56.040 subsection (b) be amended to read as follows: S
"Actions by the Planning Commission in granting approval shall be
forwarded to the City Council in ordinance form according to the provisions
of Chapter 18.88. A Planning Commission action to deny the application i
may be appealed to the City Councilor provided in Chapter 18.92."
Section 7: That Chapter 18.84.071 be amended to read as follows z
"18.84.071 Appeal to the City Council. A party aggrieved-by the
action of the Planning Commission or hearings officier or any person
to. anom notice of the hearing was sent pursuant to Section 18.84.051 may el
Council may on
appeal such approval or denial to the Citv Council. The 1
its own motion review any action. taken bN the Planning Commission cr by
the hearings officier. Any appeal here under shall be subject to
provisions of Chapter 18.92. In accordance with the procedures set forth
in the subdivision ordinance, Title 17, the City Council shall hold a
hearing with respect to the appeal on the application as set forth in
the transcript of the hearing, the written findings of the Planning
Commission or of the hearings officier, and the action proposed be taken
by the Planning Commission, hearings officer with respect to the proposed
use of the land. The City Council shall determine the matter on the
basis of the record previously developed. The City Council r av amend,
rescend, or affirm any action previously taken either by the Planning ;
Commission or the hearings officer.
Section 8: That Chapter. 17.1$.100 be amended to read as follows:
17.{6.100 Tentative Approval. "within 60 days of the date of
submission of the preliminary plat the Planning Director or his agent will
review the plan and reports of the agencies listed in section 17.16.090
and may give tentative approval of the preliminary plat as submitted
or it may be modified; or if disapproved shall express the Planning
Director's disapproval and reasons therefore.
No tentative plan for a proposed subdivision and no tentative
plan for a major partition shall be approved unless:
2
ORDINANCE No. 77- g
i
(I) Streets and roads are laid out so as to conform to
the plats of subdivisions or maps of major partitions already approved
for adjoining property as to width, general direction and in all other
respects, unless the city determines it to be in the public interest to
modify the street or road pattern;
(2) Streets and roads held for private use are clearly indicated
on the tentative plan and all reservations or restrictions relating to such
private roads and streets are set forth thereon;
(3) The tentative plan complies with the comprehensive plan and
applicable zoning regulations of the city then in effect;
(4) No tentative plat of a subdivision or map of a major partition
shall be approved unless there will exist adequate guantity and quality
of water and an adequate sewage disposal system to support the proposed
use of the land described in the proposed plat.
Prior to approval of any tentative play, of any subdivision or major
partition, the planning conunission shall coordinate its review thereof
with all affected city, county, state and federal agencies and all
affected special districts. Where it appears that the proposal affects
jurisdictional interests of any public body other than the city, the
review proceedings shall be continued for such period of time as necessary
to enable any such affected agency to consider the proposal and report
thereon.
Following_receipt of written comments from agencies as listed in
17.16.090 the Planning Director, Director of Public Works, and Building
Official shall review the concerns of the affected agencies as well as [`
other applicable city regulations and recommend approval, disapproval or
modification of the proposed tentative plat to the Pl.anning_Director for
use in his final determination. '
The action of the Planning Director shall be noted on two copies
of the preliminary plat including reference to any attached documents
describing any conditions or restrictions, and one copy shall be returned
to the applicant and one retained in the office of City Recorder with
records of the Planning Director's determination in which the action
was taken."
Section 9: That Sections 17.24.030 be amended to read as follows: .
"17.24.030 Sketch Map - Submission to Planning Director. A`
sketch ?nap shall be submitted to the Planning Director for review and
determination of the proposed minor land partition shall be consistent
with the Comprehensive Plan and provisions of Title 17 and 18 of the Tigard '
Municipal Code. If the proposal includes or should the Planning Director
require the dedication of land and easements for roads or streets, the
proposal shall not be processed as a minor land partition but may be only
re-submitted pursuant to the requirements of this title with respect to
major land partition or subdivision."
f
ORDINANCE No._-7.7-
3 -
Section 10: That Chapter 18.56 and 18,59 be amended in full as follows:
1
"Chapter 16.56 DESIGN REVIEW
16.56.010 Intent and Purpose
The intent and purpose of Design Review is to promote the general
welfare by encouraging attention to site planning and giving
regard to the natural environment, creative project design and the
character of the neighborhood or area.
A. It is in the public interest and necessary for the promotion
of the safety, convenience, comfort and prosperity of the
citizens of the City of Tigard.
(1) To preserve and enhance-z the natural beauties of the land
and of the man-made environient, and enjoyment thereof;
(2) To maintain and improve the qualities of, and relationships
between individual buildings, structures, and the physical
developments which best contribute to the amenities and
attractiveness of an area or neighborhood;
(3) To protect and insure the adequacy and usefulness of public
and private developments as they relate to each other and
to the neighborhood or area.
(4) To insure that each individual development provides for
a quality environment for the citizens utilizing that
development as well. as the community as a whole.
B. In order to prevent the erosion of natural beauty, the decay `
of environ,-nental amenities and the dissipation of both use-
fulness and function, it is declared necessary:
(1) To stimulate creative design for individual buildings,
groi_lps, of buildings and structures, and other physical
developments;
(2) To encourage the innovative use of materials, methods
and techniques;
(3) To integrate the functions, appearances and locations
of buildings and improvements so as to best achieve a balance
bet-weer, private prerogati="=-` and preferences, and ,the public
interest and welfare.
4
ORDINANCE No. 77-
f
I
18.58.020 ADMINISTRATION
A. Action: Within 30 days of receipt of Design Plans in
conformance with all aspects of the Tigard Municipal
Code the Planning Director or his agent shall approve,
disapprove or approve with conditions all Design Review
Plans required by this chapter, except as may be other-
wise provided under Section 18.58.040.
B. Findings: Action by the Planning Director or his agent shall
be based upon written findings pursuant to the criteria of j
Chapter 18.58.
C. Appeal: Action of the Planning Director or his agent may be
appealed to the Design Review Board by the Applicant provided:
_ a. The applicant deliver to the Planning-Director-a- ritten
FP g w
notice of appeal, stating his reasons for appeal based
upon the criteria of Chapter 18.58.
b. Said written notice of appeal is received by the Planning f
Director within ten (10) days fo the applicant's receipt
of notice of action by the Planning
�� Director or his agent.
D. Decision: The decision of the �'lah� RTk" -� T�.ssian shall be a
final order subject to the provisions of 18.92 of the Tigard
Municipal Code.
E. Fee Required: At the time of the filing of the application
for approval of a Design Review Plan, the applicant shall
pay a fee to be determined by resolution of the City Council.
A request for modification of an approved Design Plan, pursuant
to Section 18.58.060 (a) (3) shall be acco-mpanied by a fee as
prescribed by Resolution of. the City Council
18.58.030 Applicability
Except for single family dwellings, no building permit or
certificate of occupancy shall be issued except in conformance with
Chapter 18.58.
All new buildings, structures and physical improvements and
relocation, addition, extension and exterior changes of or to
existing buildings, structures and physical improvements shall be
subject to design review including preparation of a design plan,
except as otherwise provided by Section 18.58.040.
The term "physical improvement" as used herein includes, but is
not limited to, parking lot areas in excess of three spaces and
loading areas, retaining walls, signs, and cut and fill or grading
actions. -
ORDINANCE No. 77- 5
C
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18.58.040
Conditional Applicability t
The Planning Commission or City Council may, as a condition
of approval for a 'Zoning Ordinance amendment, subdivision approval,
or conditional use approval, require confo,-chance to the reuirements
qj
of Chapter 18.58 and may specify Design approval authority. E
t
F. Final Plan: Following approval of the Design Plan the applicant shall
ting all aspects of the Design Review
prepare final plans incorpora
Plan approval. and file four copies with any necessary documents i
with the Planning Director, The Planning Director will check
the plans for conformance with Plan approval. If the final plans
are found to be incompliance it shall be so certified by the
Planning Director's signature. A copy of the certified plans will
be distributed to the applicant, Director of Public Works, Building
Official and a copy placed on file with the Planning Department.
18.58.50 Matters Exempt
Single family detached dwelling structures and accessory
I
t as may be required pursuant to
physical improvements, excep
Section 18.58.040 are exempt from Design Review.
r
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18.58.060 Design Review Procedure
A. Conformity to Site Plan
eE
1. No building permit, grading permit, parking permit or
sign permit shall be issued, nor any use commence or be
enlarged, changed or altered until a design review plan,
as required under Chapter 18.58 is approved by the Planning
Director or his agent, or as may be prescribed pursuant to f
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Section18.58.040.
2. As may be determined by the Planning Director or his
agent, a grading permit, parking permit or sign permit may
be approved after preliminary consultation with an applicant,
provided adequate evidence and findings indicate compliance
with the intent and purpose of Section-18.58.
3. The Planning Director may approve changes in approved
design plans when .he determines the changes will not
significantly alter the character, density, intensity or
otherwise significantly change the plan. Significant
changes`.mustc:be-.approved anew as--required_by:�this-.Chapter.
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4. The applicant shall demonstrate continued compliance with
the approved landscape plan at 12 months from the date of
issuance.-, of occupancy for the approved site use plan.
Non compliance with the approved landscape plan pursuant t
to this section shall be treated as. a, Zoning Ordinance
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violation.
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ORDINANCE No. 77
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B. Preliminary
The applicant is encouraged to consult the design guidelines }
and development plans d the City of Tigard that affects the
tract to be developed or improvements to be made before he
prepares required design review materials. lie should also
discuss the concepts of the proposed development or improvement f
with the staff of the City of Tigard Planning Department.
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C. Application for Design Review
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The applicant for approval of a Design Review Plan shall consider 1
the intent and purpose and the standards of Chapter 18.58 in f
preparing a Design Plan as herewith required. ff(
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As a minimum the Design Plan must contain, as appropriate,
the following:
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(1) Site Plan (including vicinity map)
(2) Architectural Drawings (preferably prepared by a licensed
Architect)
(3) Landscape Plan (preferably prepared by a licensed landscape
architect)
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The application and Design Plan and support documentation shall
be submitted in the form as required by the Planning Department {
If the Planning Director determines it within the public interest, ,
due to the complexity and/or uniqueness of a proposed project,
he may require the services of a licensed architect and/or
landscape architect. k'
D. Standards and Criteria
The review and approval of design plans and proposals as set
for:tb herein, based on the following criteria, shall assure that
a development or physical improvement is designed and located
in a manner which will best satisfy the pug-pose and intent of
this section.
1. Relationship to neighborhood and areas
a. It will not impair or interfere with, either the
development use, or enjoyment of other property in the
vicinity, or the orderly and pleasing development of
the neighborhood or area as a whole, or the designed
functions of public lands and rights-of-way.
b. It will not directly, or in a cumulative fashion,
impair, inhibit, or limit further investment or im-
provements, In the vicinity, on the same or other
properties, including public lands and rights-of-way.
2. Project Development
a. It will properly and adequately perform or satisfy its
functional requirements without being unsightly or
creating substantial disharmony with regard ,to its local #
and surroundings; i
ORDINANCE No. 77- 7
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b. It will provide a safe, pleasing and liveable
environment for those people utilizing the development,
and immediate neighbors or community as a whole.
C. It will be properly and adequately landscaped with
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maximum retention of trees, minimum soil removal and
minimum grade changes as shall be in keeping with the
general appearance of the neighborhood or area, and
the safe, efficient and attractive development of the
site.
d. It shall provide a minimum on-site landscape area of
10% and in accordance with the following formula:
Residential zones - front 12' from the streeting right-
of-way
Commercial zones - front 10'
Industrial zones - front 20'
This is in addition to the requirements that
1. All areas not occupied by paved roadways or
walkways shall be landscaped and maintained.
2. Tree and shhub planting areas of a minimum 8'
in width within parking areas shall be provided and
maintained at approximately 70' on center each way
or an aggregiate amount.
3. A minimum five (5) foot landscape strip along any
lot boundary upon which a yard is required.
4. All off street parking and loading areas shall be
effectively screened from view from the public
right-of-way.
Aesthetic Design
It will minimize or eliminate adverse visual effects -
which might otherwise result from unplanned-Cor inappropriate
development, design or juxtaposition. Such adverse effects
may include, but are not limited to those produced by the
design and locational characteristics of:
A. The scale, mass, height, area and materials of
buildings and Structures;
b. Surface and subsurface drainage and appurtenant
structures;
c. Cut and fill or the reforming of the natural terrain
and structural appurtenant thereto such as retaining g
walls;
Q. t1L-a8 anis 8 nd ri ti's" f=way for the contalimient �.
p- , g.. y
movement or general circulation of persons, animals,
vehicles, conveyances and watercraft;
e. Other developments or improvements such as, but not
limited to, utility lines, storage or service areas and
advertizing features, which may result in a diminution
or elimination of sun and light exposure, views,
vistas, privacy, and general aesthetic value of the
neighborhood or area.
18.55.070 Minor Deviations
A. Yards Required by the underlying zoning district to twenty
(20) percent provided said variation--is demonstrated to result
in a superior design in the public interest or relates to a
practical difficulty associated with the natural character
of the site.
B. Parking required by the underlying zoning district to twenty
4207.) percent where special conditions warrant said variation,
and considering such factors as the following:
1. Availability of Public Transit
2. Multiple or joint use of parking facilities
3. Special conditions such as housing for the elderly,
low income or studio apartments.
18.58.080 Bonding and Assurances
A. The Planning Director may require a _bond or other adequate
assurance as a condition of the Design Plan that conformance
to the approved design plan is completed. The Planning Director
may approve and release bonds up to $50,000. The bond or .:-other
assurance shall be released when conformance to the Design Plan
is certified by the Planning Director or his agent.
B. Landscaping shall be installed prior to issuance of occupancy
permits, unless security equal to the cost of the landscaping
as determined by the Planning Director is filed with the City
Recorder assuring such installation within 6 months after
occupancy. "Security" may consist of a faithful performance
bond payable to the city, cash. certified.check or such other
assurance of completion approved by the city attorney. If
the installation of the landscaping is not completed within
the six month period the security may be used by the city to
complete the installation.
18.58.090 Validity Period
Design plans approved by the Planning Director shall remain valid
for a period of one year following the date--of its approval. If—
at the end of that time construction has not begun, then the site
plan approval shall lapse and shall be in effect only if resubmitted
to the Director and again approved. All construction and development
under any building permit shall be in accordance with the approved
design plans. Any departure from such plan other than that provided
for in Section •18.58.070 shall b=_ a cause for revocation of a building
permit or a denial of an occupancy permit. Any proposed changes
in an approved plan shall be submitted to the Planning Director
in accordance with Section 18.58.020 for review and approval.
Site development shall be completed before issuance of occupancy
permits unless an extension of not longer than six months is granted
by the board.
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18.58.100 Off Site Improvement and Right-of-way
Right-of-way necessary to conform to the comprehensive development
plan and off-site improvements including but not limited to street
improvements, pedestrian ways, lighting and signalization may be
required upon the Planning Director finding that a likelihood of an
increased need for such improvements is created by the proposed
development.
Section 11: That Section 18.24 be amended to read as follows:
"18.24.070 Usable Open Space and Recreation Areas--A-2 zone.
An area or areas for usable open space and recreational purposes shall be
provided in multi-family developments. A minimum of two hundred square
feet of recreation area shall be provided for each of the first twenty
dwelling units; two hundred fifty square feet for units twenty-one through
thirty; and three hundred square feet for each unit over thirty. _The
surface area of recreation buildings, including swimming pools, may be
included in computing the minimum size of the area. Recreational facil-
ities shall be provided in keeping with the need of the prospective
tenants. Recreation areas shall not be located in required yards, park-
ing or manevuering areas.
Table for Computing Multi-Family Open Space Requirements:
Dwelling Units Minimum Square Feet
10 2,000
20 4,000 -
30 6,500
40 9,500
50 12,500
60 15,500 ,
Section 12: Inasmuch as it is necessary to protect the City of Tigard's
interest by amending the procedural and substantive requirements for land
use matters an emergency is hereby declared to exist and this ordinance
shall be effective upon its passage by the Council and approval by the
Mayor.
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