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Ordinance No. 80-94 k pp 4 CITY OF TIGARD, OREGON f ORDINANCE NO. 80- AN ORDINANCE AMENDING CHAPTER 18.56 OF THE TIGARD MUNICIPAL .CODE, RELATING TO PLANNED DEVELOPMENT DISTRICT (P-D) THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That Section 18.56 of the Tigard Municipal Code be amended to read as follows: i "SEE EXHIBIT A" SECTION 2: Inasmuch as it is necessary to the peace, health, and safety of the public that the forgoing change in the City's records become effective, 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 vote of all Council members present this day of �/ p �_; . 1980 after being read two times by number and title only. r ReC Y r o City o Tig APPROVED: By the Mayor this — day of 1 , 1980. 0 or ity f Ti aY a ORDIUANCE NO. 80 ZOA 7-80 EXHIBIT A ZOA 7-80 Chapter 18.56 PLANNED DEVELOPMENT DISTRICT (P-D) Sections 18.56.010 Purpose 18.56.015 Application policy 18.56.020 Preliminary development plan and report preparation 18.56.021 preliminary review 18.56.030 General development plan and report 18.56.040 Action and findings 18.56.041 Preliminary and general development plan and report review 18.56.042 Appeal procedure - General Plan 18.56.043 Council ordinance acknowledgement and appeals 18.56.050 Site design review 18.56.060 Application of standards 18.56.070 Minimum site size 18.56.080 Compatibility with neighborhood 18.56.090 Lot coverage 18.56.100 Open space 18.56.110 Residential density calculations 18.56.115 Commercial/Industrial calculations 18.56.120 Subdivision lot sizes 18.56.130 Staging 18.56.140 Permitted uses--Residential districts 18.56.150 Major changes 18.56.160 Minor changes 18.56.170 Construction time period--Extension 7/11/80 - 7/18/80 W 7/29/80 - 12/15/80 Page 2 18.56.010 Purpose. The purpose of the Planned Development District is to allow the Planning Commission and the City Council the opportunity to review large and complex developments within this Community. This designation is used to protect sensitive land areas, insure reasonable conformance to the standards established in the underlying zones, address major transportation difficulties and allow a degree of flexibility not usually associated with development. In most cases where sensitive lands, open: space, or park areas are included within a development, that development, whether commercial, industrial, or residential, shall be reviewed as a Planned Development District. This designation may be applied to both Permitted Uses and Conditional Uses in all zones. k Page 3 t 18.56.015 Application Policy. Due to the complexities involved in a Planned Development Review, the following policy shall be strictly adhered to: :The initial application shall :be complete in all respects as outlined in the following text or as suggested by the Planning Staff. An applicant shall not be placed on a Planning Commission Agenda unless the application is complete, and is submitted prior to the closing date prior to a hearing. There shall be no additional material submitted to Staff after the closing date. There shall be no additional material submitted to the Planning Commission after the closing date,, If this is done, the item shall be immediately tabled by the Planning Commission and re-scheduled for a later date. All applicants shall acknowledge this policy by paying the appropriate fees for Planning Department/Planning Commission Review. A receipt shall be the acknowledgement document. E I g Page 4 18.56.020 Preliminary development plan and report Preparation. -The applicant shall submit a complete Preliminary Development site plan and a'written report to the Planning S4 who shall prepare a Staff Report for presentation to the Planning Commission at a public hearing. (A) NARRATIVE clearly stated in sequence as an attchment to the site plan; (1) Tax map number(s), 'tax` lot number(s), address of property. (2) Current zoning designation(s) . Proposed comprehensive zoning designation (if property has not been zoned to the comprehensive plan designation) . Proposed use(s) on property. (3) Name of proposed development. Name, address, and telephone number of owner and developer. (4) Number of buildings) and total square footage.per;;building proposed. Pe,rcen•t lard coverage proposed fdr bui.lc:lagCs) related, to total site •dimension(s) . (5) Number of parking spaces required by Code. Number of parking spaces proposed. Number of "compact" spaces proposed. Number of "handicapped" spaces proposed. (6) Total square footage of landscaping areas shown as a percentage of the total site area. V i t Page (7) A breakdown by square footage of sensitive land areas which e shall include greenways, floodplains, drainageways, and steep slopes. Each of these catagories shall be shown as a percentage of the total site area. Include Oomputations showing total square footage for all lands which will be dedicated to the City. (8) Total square footage of all public improvements to the site, n' including street dedications, all utility easements, all street improvements, parks or recreational areas, shall be computed M and shown as percentages of the total site area. .($). SITE_PLAN (1) For all developments the following shall apply as applicable: General location of all above.ground public improvements such as streets, sidewalks, parking areas, maneuvering areas, public transportation facilities,employee parking, landscaped areas, ' Singress/egress points, recreational or open space areas, sensitt— land areas, and site'drainage control areas. (2) For all non-residential buildings the following shall apply: General location of all buildings proposed on the site including the square footage of each. (Typical elevation drawings should be included with the site plan.) NOTE: A topographical map shall be included with any development which include sensitive land areas. Particular attention shall be paid to setback requirements, accessibility for handicapped persons, visual and ,-e5 mass impact to surrounding areas, intended use of the __._ ,, in relationship to supply delivery (in) or product distribution (out) . Page G r (3) For all developments which include residential buildings the following shall apply: A plan which shows the square footage cf each proposed lot. Typical single family'or.multifamilly development configurations shall be super- imposed on the site plan -to show-the -intended lot coverage at full development. (C) WRITTEN REPORT -.shall address the following: (1) Proposed land uses in relationship to the comprehensive plan and surrounding areas. (2) Density calculations based upon formulas included in this Section and reasons for requested deviations from allowed densities or lot coverages. Variance-applications shall be made at the time of initial application for Planning Commission Review of a development. (3) A description of recreational or open space areas proposed within a residential development. In large industrial/commercial developments, open space and recreational areas shall be provided-to serve expected employee demands. Applicants should also address the availability of public recreational areas as they relate to development(i.e. what increased use of public; recreational facilities the City could expect from such development)-.. (4) A description of all sensitive lands within the development and what effect the development will have on similar areas off-site. In the case of a floodplain or drainage area, this portion of the narrative will be very specific. The City reserves the right to hire appropriate, professional, consultants to refute any portion of an applicant's narrative concerning floodplain or drainage areas. The cost of this consulting shall be borne ,totally by the applicant: m' Page 7 (5) An analysis of traffic circulation for the development related to existing or proposed public transportation facilities on and off-site. The City reserves the right to hire appropriate, professional, consultants to refute any/all portion(s) of the applicant's narrative concerning traffic related issues. The cost of this consulting shall be borne totally by the applicant. (6) Proposed ownership patterns shall be addressed. NOTE: If s the developer proposes a conversion of ownership at a later date, this must be explained in the narrative. (Conversions of apartment houses to condominiums may be reviewed by the City Council prior to said conversion). Copies of all Homeowner's Agreements and Consent Covenant and Restrictions shall be submitted for review with the preliminary ; plans. Particular attention will be given to the fart that z said Agreements and Consent Covenant and Restrictions must not be written in conflict with the Uniform Building Code or any r Section ect �L ���:�.�vit-of the Tigard Municipal Code. �F Page 8 (7) Applicant shall verify that the development proposal has been reviewed by the Fire Marshall. A letter verifying said review shall be included as a part of the narrative and any conditions placed upon the development by the Fire Marshall shall be addressed in the narrative. ti !9) Residential developments shall be reviewed by the appropriate school district office. A letter verifying said review shall be included as a part of the narrative and any conditions placed upon the development by the school district office 6 f shall be addressed in the narrative. (9) An Indirect source Permits application shall be made to the Department of Environmental Quality when more than 500 parking spaces are included on site. A copy of this application shall i be included with the preliminary application to the City_ t k Fi 5 Page 9 18.56.021Prelimuaary.Review• (a) The Planning Commission shall review the Preliminary gavelopment Plan and Report and may act to grant preliminary approval, approval with conditions or modifications, or denial. Such action shall be based upon the Comprehensive Plan, the Standards of this Title, and other regulations, and the suitability of the proposed development in relation to the existing character-of the area. (b) Approval in principle of the Preliminary Development Plan and Report shall be limited to the preliminary acceptability of the land uses proposed and their inter-relationships, and shall not be construed to endorse precise location of uses nor engineering feasibility. The Planning Commission may require the development of other information than that specified in Section 18.56.030 to be submitted with the General Development Plan and Report. However, the applicazit should-be as specific as possible concerning such'-issues as .floodplain use;. traffic circulation°pattekns, and "densi.ty-calciilati.ons etc:; The more accurate the proposal,'-the-'easier it will be for.the;,Planning'-Commission to render a:decision. Ie"many eases, the Preliminary and General Development-Plan Review procass can be accomplishe&at one Hearingi (c-)- No appeal of' a:deniaZ o•f'a Preliminary Development::Plan and Report shall be allowed. The intent of the-Pre Iiminary Review�As to ascertain Staff, Planning Commission, ,Ihd:the effected citizens' 'concerns relative. to a particular project. The applicant's tesponsibility is to address these..cancerns prior:to"a return before°the :Plan.nin g 4 c s ssior. at`a ii-hearing of the Prel.imina--1 Developwnt Plan. Page 10 18.56.030 General Development Plan and Report. (a) Upon receipt of an application for a General Plan and Report Review, the payment of the appropriate fee, and the submission of all appropriate supporting documents, the Planning Director shall initiate a review of the General Plan and Report. Particular attention shall be paid to the issues developed as a result of the Preliminary Development Plan and Report Review. If significant differences arise, the Planning Director may schedule study sessions with the Planning Commission and the applicant to resolve the issues prior to a public hearing. Thereafter, if the Planning Director or . Planning Commission agree, the applicant shall proceed to a General Plan Hearing. The General Development Plan and Report shall consist of final plans showing the project as it will be constructed. All material which accompanied the Preliminary Development Plan and Report shall be updated to reflect the conditions, concerns, and changes brought about by the Preliminary Review approval. Page 11 18.56.040 Action and Findings. (a) The Planning Commission, at a public hearing, may recommend approval of the Planned Development District and the General Development Plan and Report with or without modifications, or conditions, or may deny the application. A decision to approve a Planned Development District shall be based upon the following findings; (1) That the proposed development is in substantial conformance with ac the Comprehensive Plan for the City; (2) That exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the Development Plan and Report; (3) That tae proposal is in harmony with the surrounding area or its i potential future use; (4) That the approval will have a beneficial effect on the area which could not be achieved under other zoning districts. s4 ti Asir } a Page 12 18 56.042 Preliminary and General Development Plan and Report Review. (A) When it is evident to the Planning Director that a Preliminary and General Review is .possible simultaneously beforo the Planning Commission, the Staff Report shall be prepared to reflect this decision. The applicant shall pay the combined fee and then appear before the Planning Commission. Page 13 18.56.042 Appeal Procedure - General Plan. If the Planning Commission denies the General Plan and Report, that decision may be appealed to the City Council by filing an appeal with the City Recorder within twenty (20) days of the Planning Commission's action and paying the appropriate fee. The appeal process is outlined in Section 18.92.020 of the Tigard Municipal Code. Page 14 18.56.043 Council ordinance acknowledgement and appeals. Action by the Planning Commission granting approval of a General Development Plan and Report shall be forwarded to the City Council in ordinance form. All conditions of development shall be attached to this ordinance. The Council may approve, modify, or deny the ordinance. In all cases where the Council finds that significant development concerns have not been adequately addressed by the Planning Commission, the General Development',Plan and Report shall be remanded back to the Planning Commission with specific instructions to be carried out by the Planning Commission prior to re-submission of the ordinance to the City Council. If the City Council approves the ordinance, the applicant shall agree,..to-:and:acknowledge.the-conditions placed.upon the deVelopment . prior to the issuance of any Permits for any construction. Council's denial of this ordinance may be appealed to the State of Oregon Land Use Board of Appeals pursuan.t,.to Sections 1 through 6a of Chapter 772 of Oregon Laws 1979: Page 15 18.56.050 Site Design Review. As a condition of approval of the Planned Developmerit District, the applicant may be required to apply for Site Design Review. The Planning Director:shall cause a complete review of-the project to take place to insure. compliance with-the General Development Plan;:.and prepare the necessary Staff. Report. (b) It the Final Plan and Program is found to be in compliance, it shall be so certified by the Planninq Director. The Final Development Plan along with all documents relating to dedications, improvements, agreements, restrictions, etc. which constitute the Final Program, shall be filed with the City. (c) The procedures set forth in Title 17 shall be followed if the property is to be divided or streets are to be dedicated. (d) All public site dedications, development rights to open space., or other dedications for the entire site, shall be recorded with the City prior to the issuance of any Building Permit. (e) Final copies of all approved articles governing operation and maintenance shall be placed on file with the Planning Department prior to the issuance of any Building Permit. 18.56.060 Applicaticn of standards. In cases of conflict between standards of the underlying District and the Planned Development District, the standards of the Planned Development District shall apply if approved by Planning Commission and City Council. 18.56.070 Minimum site size. (a) Planned Development Districts shall' be established only on parcels of land which are suitable for the proposed development and of sufficient size to be planned and developed in such a ti. manner consistent with the purposes of this Chapter. 1 p s Page 16 (b) A Planned Development District shall not be established on less than 3 four (4) acres of contiguous land unless the Planning Director finds that said property is suitable as a Planned Development nistrict by virtue, of its unique- character, topoaraphv, or natural features, or by virtue- of its qualifying as an "isolated problem area:" (NPO #4 - A40 area) 18.56.080 Compatibility with neighborhood. (a) The Plans and Report shall present an organized arrangement of buildings, service facilities, open r spaces and improvements such as recreation facilities, landscaping and fencing to insure compatibility with the Comprehensive Plan and the character of the neighborhood. (b) Pe+riphe.ral. yards of a Planned Development District Site shall be at least as deep as those required by the yard regulations of the underlying zone unless the Planning Commission finds that equal protection will be afforded through specific features of the approved Plan. 18.56.090 Lot coverage. Lot coverage shall be the same as the underlying District unless the Planning Commission finds that an exception is warranted in terns of the character and amenities proposed in the total development. 18.56.100 Open Space. (a) "Open Space" in a Planned Development means the land area to be used for scenic, landscaping, or open recreational purposes within the development. It shall not include street rights-of-way, driveways, or parking areas. (b) Open Space shall be adequate for the recreational and leisure use of the persons occupying the Planned Development District and designed to enhance the present and future value of the development. rz ,4k,- Page 17 (c) To the maximum extent possible, the Plan and Report shall assure that natural features of the land are preserved and landscaping is provided. (d) in order to assure that Open Space, greenways, floodplain areas will be permanent, dedication of development rights to the City may be required. (e) Instruments guaranteeing the maintenance of Open Space, greenways, floodplain areas shall be reviewed and approved by the Planning Commission. Documents dedicat, Lng'_development rights and provisions for maintenance of these areas may be approved as to form by the City Attorney. (f) The Planning Commission may require that instruments of conveyance provide that in the event the Open Space, greenways, floodplain areas are permitted to deteriorate or are not maintained in a condii:ion consistent with the approved Plan and Report, the City may, at its option, cause such maintenance to be done and assess the costs to the immediate area property owners. 18.56.110 Rgsidential Density Calculations. In order to preserve the integrity of the Comprehensive Plan and relate it to the Planned Development, the number of dwelling-units permitted per development area shall be determined as follows: (1) Net development area shall be determined by subtracting the following area(s) from the gross areas) All sensitive land areas (floodplain, drainageways, greenways, all lands containing slopes of twelve (12%) percent or greater) designated open space, public dedications, all public improvement areas (streets, sidewalks, utility easement, etc) . To calculate density: Divide the net development area by the minimum lot area per dwelling unit required in the underlying zone W. A "density bonus" may be allowed by the Planning Commisson if the applicant dedicates_usable land to the City for public uses. A maximum "bonus" of ten (10%) percent increase in density iR s above the number of units allcvaed in the underlying done shall be considered. . c. f ?age 18 18.56.115 Commercial/Industrial Calculations for net development area shall be determined by subtracting the following area f rom the gross area(s) { G All sensitive land areas (floodplain, drainageways, greenways, all lands containing slopes of twelve (12%) percent or greater) designated open space, a public dedications, all public improvement areas (streets, sidewalks, utility ) E easement, etc.). A Sensitive Lands Permit shall be approved by the Planning r f Commission prior to any development in sensitive lands areas. t 18.56.120 Subdivision lot sizes. Minimum area, width, depth, and frontage requirements for Subdivision lots in a Planned Development District may be less than the minimums specified in the underlying District if in accordance with the approved General Development Plan and Report and the Density Standards of this Chapter. The primary consideration shall be to protect the character of the surrounding areas and insure that the criteria established for the underlying Zoning Designationsare adhered to. ?age 19 18.56.130 Staging, The applicant may elect to develop the site in successive stages as outlined in the General Development Plan and Report. Each stage shall be substantially complete within itself. The Planning Commission may require that development be done in stages if public facilities are not adequate to service the entire development initally, The Planning Commission may require that each successive stage be brought before them for separate review. Applicants are advised that substantial alterations to successive stages may be made by the Planning Commission due to circumstances brought about by future developments in a particular area. in all cases where staging is contemplated, the applicant may be required to complete all Public improvements to the entire site at the time of development ° Of the first stage. E 18.56.140 Permitted Uses--Residential Districts. For Residential Districts, the following uses are permitted in a Planned Development District: (1) Housing concepts may include, but are not Limited to, single family residence, duplexes, row houses, townhouses, cluster units, or multiple family dwellings; (2) Related commercial uses which are designed exclusively to serve the r development, of which they are a part, when approved roved by the Planning Commission. 18.56.150 Major changes, Major changes in the General Development Plan len and Report, after it has been approved, shall be treated as a new application and shall be submitted to the Planning Commission and the City Council in accordance with therocedures P established in this Chapter. 18,56.160 Minor changes, Minor changes in the General Development Plan and Report may be approved by the Planning Director, provided that such x changes db not: €1's Increase the densities � f r- r change boundaries or change any .use. _y „. ` Page 20 18.56.170 Construction time period--Extension, if substantial construction has not taken place within one (1) year from the date of approval of the General Development Plan and Report, the Planning Commission shall review the District at a Public Hearing to determine whether or not its continuation in whole or in part is in the public interest, and if found not to be, shall recommend to the City Council that the Planned Development District designation on the property be removed. The City Council, at the written request of the applicant, may grant an extension of time to allow construction. i t E� r',