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Ordinance No. 92-34 CITY ©4' TIGARD, ORE N ORDINANCE NO. 92- AN ORDINANCE TO AMEND VOLUME II OF THE CI'T'Y OF TIGARD COMPREHENSIVE PLAN TO CREATE A COMMUNITY COMMERCIAL PLAN DESIGNATION AND TO AMEND THE COMMUNITY DEVELOPMENT CODE TO CREATE A NEW C-C (COMMUNITY COMMERCIAL) ZONING DISTRICT AND TO AMEND OTHER RELATED SECTIONS OF THE CODE (CPA 91- 0005/ZOA 91-0006) . WHEREAS, the City of Tigard finds it necessary to revise the Comprehensive Plan and Community Development Code periodically to improve the guidance of land usage and development in the City; and WHEREAS, the City of Tigard Planning Commission has initiated the proposed amendments and has held public hearings on the proposed amendments on March 2, 1992, April 6, 1992, and November 2, 1992 and has recommended approval of the amendments to the Council, and WHEREAS, the City Council held hearings on June 23, 1992, September 8, 1992, November 24, 1992, and December 15, 1992 to consider the proposed amendments. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Plan Policy 12.2.1, at #4 of Volume II of the Comprehensive Plan shall be amended as shown in attached Exhibit A (new section shown in its entirety); SECTION 2: The Community Development Code shall be amended as shown in attached Exhibit B (new Chapter 18.61 shown in its entirety; amendments to existing sections of the Code shown with additions_ _uanderlined and deletions bracketed [l) : SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By LA nCt_vi,imoL vote of all Council members present after being read by number and title only, this day of -Q)g. m Q 4n , 1992. 6ftherine Wheatley, City Re rder a APPROVED: This _! day of ohn SclniA)a n6L r Approved as to orms Mayo IZ �s �� City Attorney Date ORDINANCE No. 92- E3SHIBIT A - DECEMBER 15, 1992 4. commaity. 'ommercial r The community commercial Plan designation is intended to provide locations for retail and service uses which have a j primarily neighborhood orientation. Such facilities should be located so that their frequency and distributional pattern reflect their primary neighborhood orientation. Such facilities should not be so large or so broad in scope and services as to attract substantial amounts of trade from outside of surrounding neighborhoods, and shall be large enough to provide a variety of goods and services at one ` location. It is further the intent of this designation to t restrict the size of such facilities and that the community commercial plan designation should not be located in close proximity to other commercial areas so as to avoid the appearance and feeling of typical commercial strip development. a. Scale (1) Trade Area: Surrounding residential neighborhoods generally within a l and 1/2 mile radius. Trade Area Density: The surrounding area potential residential density within one-half mile of a site to be designated for community commercial development shall average at least eight units per acre (as determined by the zoning of properties within one-half mile of the community commercial i site) . The intent of this criterion is to locate community commercial sites within a relatively . short distance of a significant number of potential frequent users of the establishments within the commercial center. This also will provide the s residents of the surrounding area with an opportunity to provide for their commercial and service needs within a distance that is reasonable for walking or bicycling. Lesser residential densities may or may not exist within the assumed trade area at further distances from the site - 1 - (2) Cross Floor Area. 30,000 to 100,000 square foot gross commercial floor area. Food sales up to 40,000 sq. ft. per establishment; General retail sales up to 10,000 sq. ft. per establishment as permitted uses; Other commercial sales and service facilities shall be allowed up to 5,000 sq. ft. in size per establishment. b. Locational Criteria (1) Spacing and Location (a) Commercial development shall be limited to one quadrant of a street intersection. (b) Community commercial districts shall be spaced at least one-half mile from other sites which are designated for commercial retail use. Special consideration may also be given to providing a similar separation from non- commercially designated sites that involve retail use as part of a mixed use development, or to provide less than the minimum separation for commercially designated sites which are developed with non-retail uses. (2) Access (a) The proposed community commercial district shall not be anticipated to create traffic congestion or a traffic safety problem. Such a determination shall be based on the capacity of adjacent streets, existing and projected traffic volumes, roadway geometry of adjacent streets, number of turning movements, and the traffic generating characteristics of the most intensive uses allowed in the zone (b) The site shall be located along an arterial or a major collector street as designated on the Comprehensive Plan Transportation Map. Sites should either be located at or adjacent to an intersection of a major or minor collector street with an arterial or at the intersection of two major collector streets. i 2 - (3) Site characteristics (a) The site shall be a minimum of two acres in size and a maximum of eight acres in size. (4) Impact Assessment (a) The scale and intensity of the project shall be compatible with surrounding uses and consistent with the provisions of this plan. Such compatibility and consistency shall be accomplished through the approval of a Site Development Review application contemporaneous with, and a part of, the approval of a zone change to the community commercial designation. The site plan approval may include conditions relating to site and building development through conditions of approval of a zone change for the site. Such considerations may include, but are not limited to, any of the site building and design guidelines deemed appropriate to become mandatory, access limitations, special setbacks, increased landscaping or buffering, limits on off-street parking spaces, coordinated building design, special design considerations for pedestrian and bicyclist access and safety and other building and site design standards imposed by the City in the plan amendment or rezoning process. Any major modification to the site plan, as determined by the Community Development Code, shall be processed as a zone change. Other modifications shall be processed in accordance with existing Code provisions. (b) It is generally preferable that a community commercial site be developed as one unit with coordinated access, circulation, building design, signage, and landscaping. Parcels within a community commercial site, however, may be developed independently although the City may require that developmental aspects of individual parcels be coordinated through the development review process, (c) Convenient pedestrian and bicyclist access to a development site from adjoining residential areas shall be provided where practical. Local street connections between community commercial sites and adjoining neighLorhoods shall be considered on a case-by-case basis. 3 .. _F._„r.-vs. The site configuration and characteristics and relationship to the street system shall, be such that privacy of adjacent non-commercial uses can be maintained. (d) Access needs of individual parcels and uses shall be coordinated within a site so as to limit the number of access driveways to adjacent streets. (e) Unique features of the site should be incorporated into -the site development plan. (s) Exterior lighting, noise, and activities associated with the Community Commercial district shall be controlled or mitigated so that they do not adversely affect adjacent residential uses and comply with any applicable provisions of the Tigard Municipal Code regulating noise, light, and nuisances. Operating hour restrictions may be placed on uses within the district, either through restrictions within the zoning district regulations or through conditions of approval of a Plan map amendment for a particular site. io/com-Can.Mst .r .. 4 _ ea h .5r=��a�lllllldl11101�gy� �■,r . 16.61.010 Purpose 18,61.020 Procedures and Approval Process 18.61.030 Permitted Uses 16.61.00 Conditional Uses (See Chapter 16.130) 18-61-045 Spacial Limitations on Uses 16.61.050 Dimensionalts v 16.61.056 Site and Building Design guidelines/Standards 16.61.060 Additional Requirements A. The purpose of the C-C (Community Commercial) zoning district is to provide locations for convenience shopping facilities that provide for the regular needs of residents of nearby residential neighborhoods. It is intended that the a community commercial center be ideally developed as a unit with adequate off-strut $' employees, and with appropriate for customers and iate landscaping and -screening to insure compatibility with the surrounding residential environment. gross floor area in community commercial centers typically range from 30,000 to 100,000 square feet, and land area ranges between 2 to 6 acres. Community commercial centers are intended to be separated from other commercially zoned properties which provide retail and service opportunities by at least one half mile. The designation of a site with this district should not create or contribute to a commercial strip development pattern. This district is intended to be located adjacent to several MMIB T R lacMGM 15 1992 ChapW18,61 Q-Q COMMUNITY COMMERCIAL DISIRM Sections: 18.61.010 Purpose 18.61.020 Procedures and Approval Process 18.61.030 Permitted Uses 18.61.040 Conditional Uses (See Chapter 18.130) 18.61.045 Special Limitations on Uses 18.61.050 Dimensional Requirements 18.61.055 Site and Building Design Guidelines/Standards 18.61.060 Additional De q'.airementrs i ,18.61.010 Purgose A. The purpose of the C-C (Community Commercial) zoning district is to provide locations for convenience shopping facilities that provide for the regular needs of residents of nearby residential neighborhoods. It is intended that the community commercial center be ideally developed as a unit with adequate off-street parking for customers and employees, and with appropriate landscaping and screening to insure compatibility with the surrounding residential environment. Gross floor area in community commercial centers typically range from 30,000 to 100,000 square feet, and land area ranges between 2 to 8 acres. Community commercial centers are intended to be separated from other commercially zoned properties which provide retail and service opportunities by at least one half mile. The designation of a site with this district should not create or contribute to a commercial strip development pattern. This district is intended to be located adjacent to several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and a collector street. The district is to be applied in only one quadrant of an intersection. The intended service area of the district is up to one and one half miles from a site. t { The community commercial development shall be compatible with surrounding uses as determined through the review and approval of a site Development Review plan, Including conformance with the site and building design standards contained in this Section, contemporaneous with, and a part of, the approval of a zone change to the community commercial designation. The site plan approval may include conditions relating to site and building development through conditions of approval of a zone change for the site or through the Site Development Review process. Such considerations may include, but are not limited to, access limitations, special setbacks, .increased landscaping or buffering, limits on off-street parking spaces, and special design considerations for pedestrian and bicyclist access. T11is Chapter shall provide building and site design guidelines and mandatory site design standards intended to minimize site development impacts on surrounding residential neighborhoods and to promote pedestrian and bicyclist friendly development. It is preferable that a community commercial site be developed as one unit with coordinated access, circulation, building design, signage, and landscaping. Parcels within a community commercial site may be developed independently, however, the City may require that developmental aspects of individual parcels be A coordinated through the development review process. Access needs of individual parcels and uses shall be coordinated within a site so as to limit the number of access driveways to adjacent streets. With respect for the district's primary neighborhood orientation rather than to the travelling public, signage will be strictly limited in size and height. 18.51.020 Procedures and A roval P ace=s A. A permitted use, Section 18.61.030, is a use which is k allowed outright, but which is subject to all applicable i provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. B. A conditional use, Section 18.61.040, is a use the approval of which is discretionary with the Hearings Officer, or in the case of a Conditional Use proposed as part of the original rezoning or a major change to an approved site plan, is discretionary with the Planning Commission or City Council. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. It is also incumbent upon the applicant 2 - for conditional use approval to demonstrate that the intended use is consistent with the purposes of the Community Commercial zone and that the proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying district(s) . if a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. C. It is required that a request to rezone a parcel with the C®C zoning district be accompanied by a Site Development Review application aaad/or Conditional Use application, depending upon the proposed usage of the site. The Site Development Review or Conditional Use plan approval shall include review of the proposed development's consistency with the site, building, and sign design guidelines and standards of Section 18.61.055. Conditions of approval of the development plan may also include, but are not limited to, any Of the site and building design guidelines deemed appropriate to be mandatory, access limitations, special setbacks, increased landscaping or buffering, limits on off-street parking spaces, coordinated building design, and special design considerations for pedestrian and bicyclist access and safety as determined to be necessary to assure compatibility with existing or potential neighboring uses. Any major modification to the approved site plan, as specified by Community Development Code Sections 18.120.070 and 18.130.050, or proposed modification to the conditions of developmen':, approval, shall be processed as a zone change. Othermodifications shall be processed as a Director's decision in accordance with Community Development Code Sections 18.120.080 and 18.130.060. 18.61.030 Permitted Uses A. Permitted uses in the C-C district are as follows: 1. Civic use types: a. Public agency administrative services; b. Community recreation C. Cultural exhibits and library services; d. Public support facilities; ) e. Postal services; and 3 f. Public safety services; 2. Commercial use types: a. Animal sales and service: (i) Grooming; b. Consumer repair services; C. Convenience sales and personal services; d. Children's day care; e. Eating and drinking facilities; f. Food and beverage retail sales (maximum size of 40,000 square feet); g. General retail sales (maximum size of 10;000 6 square feet); h. General offices, such that where these uses are combined in one structure, each separate establishment shall not exceed 5,000 square feet in size. (i) Medical and dental services; (ii) Financial, insurance and real estate services; (iii) Professional and administrative services; z i. Participant sports and recreation: 4 (i) Indoor; 3. Single or multi-family residential dwellings, as a mixed use in conjunction . with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units per gross acre. 4. Home occupations subject to provisions of Chapter 18.142. 5. Temporary uses; i i a. Fuel taroks; or 7. Accessory structures. e ChaDter 18.130) A. Conditional uses in the C-C district are as follows: 1. Automotive and Equipment: (i) Cleaning; R 2. Vehicle fuel sales; 3. Lodge, fraternal, and civic assembly; 4. Parking facilities, including transit centers. 5. Religious assembly; 6. Uses operating before 6:00 a.m. and/or after 11:00 p.m. , unless extended hours have been specifically permitted as an outright use through the establishment of the zoning on the site; 7. Drive up windows. ations on Uses A. Special limitations in the C-C district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities, and as allowed in Subsections 3 and 4 of this section; 2. Unless specified otherwise, no use shall have a ' gross flour area greater than 5,000 :;quare feet; 3. Accessory open air sales/display/storage shall be permitted for horticultural and food merchandising uses only and shall constitute no more than five percent of the gross building floor area of any individual establishment; 4. Accessory open air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway. 5 - t 18.gI.05 D mnsional Es uiremnts A. Dimensional requirements in the C-C district are as follows: 1. The minimum lot size shall be 5,000 square feet; 2. The minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and section: 1R=1.00.130, the minimum setback � requirements are as follows: a. No front yard setback shall be required, except a 20 foot front yard setback shall apply within 50 feet of a residential district; b. No corner yard setback shall be required; however, the provisions of Chapter 18.102 (Vision Clearance) must be satisfied; C. No side yard setback shall be required except a 20 foot building setback shall be required from a residential zoning district; and d. No rear yard setback shall be required except a 20 foot setback shall be required from a residential zoning district; and e. All building separations shall meet Uniform Building Code requirements; 4. No building in the C-C zoning district shall exceed 35 feet in height; 5. The maximum site coverage shall be 80 percent including all buildings and impervious surfaces; and 6. The minimum landscaped area requirement shall be 20 percent. 18 61 055 Site and Building Design Guidelines/Standards A. Design Guidelines The following design guidelines are s:xongly encouraged for developments within the C-C (community commercial) district. Conditions of approval of the development plan -- 6 may include, but are not limited to, any of the site and building design guidelines deemed appropriate to be mandatory. 1. Building Design Guidelines a. The design of buildings within a community commercial development should incorporate elements such as special architectural details, distinctive color schemes, special art and other features, which are sensitive to and enhance the surrounding area and serve to distinguish the complex from other retail complexes in the city. b. All buildings within a multi-building complex should achieve a unity of design through the use of similar architectural elements, such as roof form, exterior building materials, colors, and window pattern. C. Individual buildings should incorporate similar design elements, such as surface materials, color, roof treatment, windows and doors, on all sides of the building to achieve a unity of design. The sides of a building which face toward a public street should include public entrances to the building and windows to provide visual access to the activity within the building. The sides of a building which face toward an adjoining property, but not toward a public street, should include elements such as windows, doors, color, texture, landscaping or wall treatment to provide visual interest and prevent the development of a long continuous blank wall. 2. General Site Design Guidelines a. Loading areas should not be located on the side of a building which faces toward a residential -use. Loading areas, if located between the building and the street, should be oriented away from the street and should be screened to minimize views of the loading area from the street and sidewalk, e 7 - bx B. Design Standards The fallowing mandatory design standards apply within the community commercial district; 1. Internal Walkways. a.. Walkways, a?ght feet minimum width, shall be provided from the public sidewalk or right-of- way to the building(s). At a minimum, walkways shall be located to connect focus points of pedestrian activity such as transit stops and street crossings to the major building entry points. b. Walkways, five feet minimum width, shall be provided to connect with walkways or potential walkway locations on adjoining properties to create an integrated internal walkway system along the desired lines of pedestrian travel. The width of the walkway should be commensurate with the anticipated level of pedestrian activity along the connecting walkway. i. Walkways shall be provided along the full length of the building on any side which provides building access to the public or where public parking is available, to provide safe and comfortable pedestrian access to the building. ii. on the sides of the building which provide public access into the building, the walkway should be ,wide enough to allow for sidewalk seating areas as well as pedestrian travel. Weather protection of the walkway should be provided at a minimum at the entrance area and, if appropriate, along the entire walkway. C. Walkway surfaces for walkways crossing parking areas shall be designed to be visually distinguishable from driving surfaces through the use of durable, low maintenance surface materials- such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort. I 2. Other Site Development Standards a. All lighting fixtures shall incorporate cut- off shields to prevent the spillover of light to adjoining properties. b. mechanical equipment, if located on the building, shall be located within the roof form of the building or enclosed within a screening structure, the design of which is consistent with the design of the building. C. Mechanical equipment, not located on the building, shall be screened from views from the public street, sidewalk, and properties outside the district with a durable, solid wall or fence, or an evergreen hedge or a combination of the above. d. All refuse and recycling containers within the district shall be contained within structures enclosed on all four sides and which are at least as high as the tallest container within the structure. e. Bicycle racks shall be provided on site. Facilities for a minimum of ten bicycles shall be provided for developments having 100 or fewer parking stalls, notwithstanding Code Section 18.106.020.P. For each 100 additional stalls, facilities for five additional bicycles shall be 'provided. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. It is strongly encouraged that bicycle parking areas be covered. f. The site development plan shall incorporate a special feature at the corner of the site. A special corner feature can be a landscape feature, seasonal color planting area, sculpture or water feature. The feature shall provide a visual landmark and some amount of seating area g. Parking areas shall be designed to minimize conf=licts between pedestrian and vehicular movements. Parking area landscaping shall be used to define and separate parking, access, and pedestrian areas within parking lots. 1 9 - f i h. The landscape design for the site shall include plantings which emphasize the major j Points of pedestrian and vehicular access to and within the site. i. Site features such as fences, walls, refuse and recycling facility enclosures, and light fixtures shall be designed to be consistent with the scale and architectural design of the primary structure(s) . Such site features shall be designed and located to contribute to the pedestrian environment of the site development. j . In multiple building complexes, buildings shall be located to facilitate safe and comfortable pedestrian movement between buildings. on sites which are adjacent to other properties within the community commercial district, building location shall i be chosen to facilitate pedestrian and vehicular connections to buildings on those adjacent properties. Consideration should be given to locating buildings closer to the public street with entrances to the buildings from the public sidewalk, with no intervening parking or driving area. Corner locations are particularly appropriate for this treatment. k. Opportunities shall be found for safe, x convenient, and pleasant pedestrian connections to existing or proposed transit facilities. Where needed, shelters and lay- over areas for transit vehicles shall be incorporated into the site development. ? 3. Sign Design Standards. a. All signage shall be an integral part of the architectural design. > 18.61.060 Additional Requirements A. Additional related requirements in the C-C district are as follows: s 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 10 - i 2. Supplemental Provisions, Chapters 18.90 ; Environmental Performance Standards, 18.96 Additional Yard Setback. Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 3. Site Development Review, Chapter 18.120; 4. Development and Administration, Chapters 18.130 ' Conditional Use 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Nome occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 5. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. 3• Y 18 14,.130 Zoning District Regulations E. Neighborhood Commercial and Community Commercial Zones 1. No sign shall be permitted in [a) the C-N or_C -C except for the following: a. Freestanding Signs: (i) Freestanding signs shall have certain limitations and conditions when permitted on properties zoned C-N or C-C: (1) one multifaced, freestanding sign per premises shall be permitted subject to conditions and limitations as stated herein and - 11 (2) A readarboard assembly may be an integral part of the freestanding sign; (ii) Area Limits: (1) The maximum square footage of freestanding signs shall be 32 square feet per face or a total of 64 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right-of-way space; (iii) Area Limit Increases: I (1) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces; and (iv) Height Limits: (1) Freestanding signs located next to the public right-of-way shall not exceed 20 feet in height. Height may be increased one foot in height for each. ten feet of setback from the property Line or a point 15 feet from the edge of pavement whichever is less to a maximum of 22 feet in height; b. Wall Signs (i) Allowable Area: (1) Wald signs, including illuminated reader-boards, may be erected or maintained but shall not exceed in gross area ten percent of any s building face on which the sign is to be mounted; 12 �� IV . (ii) wall signs shall be parallel to the face of the building upon which the sign is located; and (iii) if it is determined under the development review process that the wall sign"s visual appeal and overall design duality would be served, an additlenal 50 percent c« the allowable sign area ;aay be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos, and letters; C. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. one sign with an area of four square feet per face shall be permitted per driveway. Said signs shall be consistent with Chapter 18.102, visual Clearance Areas; d. Temporary Signs in accordance with Sections 18.114.090 and 18.114.100; e. Lawn Signs in accordance with Subsections 18.114.060 A.6 and 5.2. f. Special Condition Signs in accordance with Section 18.114.090; and g. Additional Allowable Signs: (i) Awning sign(s), tenant sign(s) , flesh pitched "roof" sign(s) , and painted wall sign(s) . III. Zoning District Classifications and Requirements 18.61 Community Commercial District -- 13 r xri 18.40.010.a Classification of Zones (matrix) Zoning District Map Symbol Dwelling Units Minimum Per Net Acre Lot Size D_Qmmity ems— C 3 s 18.100.130 Duffer Matrix. _C O , .. . 18.130.150 Standard Dimensional Requirements for Conditional Use Types 18.130.150.0.19 Parking Facilities a. Applicable Zones: R-12, R-25, R-40, C-C and C-N zones 18.130•..150.C.29 Drive-up Windows a. Applicable Zones: CDD and C-C zones. jo:c-czone.ord l i 14 -