City Council Packet - 10/24/2006
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
.
. .
TIGARD
TIGARD CITY COUNCIL
MEETING
October 24, 2006
COUNCIL MEETING WILL BE TELEVISED
I: \Ofs\Do n n a's\Ccp kt3
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov 9 TTY Relay: 503.684.2772
~
evise gen a as o cto er 20, 2006 e pen g nganon topic to xecunve ession
and added Consent Agenda 4.5.)
TIGARD CITY COUNCIL AND
LOCAL CONTRACT REVIEW BOARD ~
MEETINGS ~
OCTOBER 24, 2006 6:30 p.m.
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
PUBLIC NOTICE:
To request to speak to the City Council:
➢ Anyone wishing to speak on an agenda item.should sign the appropriate sign-up sheet(s).
➢ If no sheet is available for the agenda item you would like to address:
o Sign the Citizen Communicarion sign-up sheet
o During Citizen Communications ask the Mayor if you may speak when the agenda
item is considered by the Council.
o The Mayor will deterniine whether public comment will be accepted.
➢ Sign the Citizen Communication sign-up sheet if you would like to address the Council on
items not on the agenda. Citizens are asked to keep their remarks to two minutes ox less.
Longer matters may be set for a future agenda by contacting the Mayor or the City Manager.
➢ If you need assistance determining how to sign in, please speak to the staff greeter who will be
near the entrance to Town Hall befoYe the Council meeting.
Tixnes noted are estimated; it is xecommended that persons intexested in testifying be present by 7:15
p.m. to sign the testimony sign-in sheet. Business agenda items can be heard in anv order after 7:30
p•m•
Assistive Listening Devices are available fox persons with impaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,
ext. 2410 (voice) or 503-684-2772 ('I'DD - Telecommunications Devices for the Dea fl.
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much
lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thutsday preceding the
meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Dea~.
SEE ATTACHED AGENDA
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
AGENDA - OCTOBER 24, 2006 page 1
AGENDA
TIGARD CITY COUNCIL AND
LOCAL CONTRACT REVIEW BOARD MEETINGS
OCTOBER 24, 2006
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss xeal
property transaction negotiations and pending litigation with legal counsel under ORS
192.660(2)(e) and (h). All discussions are confidential and those present may disclose nothing
from the Session. Representatives of the news media are allowed to attend Executive Sessions,
as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive
Session may be held for the purpose of taking any final action or making any final decision.
Executive Sessions are closed to the public.
• STUDY SESSION
➢ Review the Town Hall Audio/Visual Design Report fcom New World Audio/Video and
Provide Staff with Direction.
TIGARD CITY COUNCIL AND
LOCAL CONTRACT REVIEW BOARD MEETING
7:3o nn-t
1. BUSINESS MEETING
1.1 Call to Ordex: City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff foY Non-Agenda Items
2. PROCLAMATIONS
2.1 Proclaixn the Week of October 25-31, 2006, as National Magic Week
2.2 Pxoclaim October 28, 2006, as Make a Difference Day
■ Mayox Dixksen
3. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Citizen Communicarions - Sign Up Sheet
• Report from the Tigard Area Chamber of Commerce President Ralph Hughes
• Follow-up to Previous Citizen Communication
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
AGENDA - OCTOBER 24, 2006 page 2
4. CONSENT AGENDA: These items axe considered to be routine and may be enacted in one
motion without separate discussion. Anyone may request that an item be xemoved by motion
for discussion and separate action. Motion to:
4.1 Approve Council Minutes for September 19 and 26, 2006
4.2 Approve City Centex Advisory Commission (CCAC) By Laws Resolurion No. 06-
4.3 Establish a Citizen Advisory Corrunittee to Guide the Preparation of the Highway
99W Corridor Improvement and Management Plan and Appoint Members to the
Committee - Resolution No. 06-
4.4 Loca1 Contract Review Board
a. Award Architectural Services Contract fox the Water Building Remodel to LRS
Architects, Inc. and Authorize the Ciry Manager to Sign the Contract
4.5 Appoint Library Board Alternate Karen Levear to the Library Board - Resolution No.
O6-
• Consent Ae
-enda - Item.r Kemoved for S4arate Di.rcu.rsion: Any item.r reguested to be removed from
the Con.rent Agenda for .reparate di.rcu,rrion ivill be conjidered immediately after the Council has voted
on tho.re item.r which do not need discussion.
5. LEGISLATNE PUBLIC HEARING TO CONSIDER REVISIONS TO THE
COMMUNITY DEVELOPMENT CODE RELATING TO PLANNED
DEVELOPMENTS (DCA 2006-0003)
REQUEST: The applicant is requesting appxoval of a Development Code Amendment to
change the procedutes and approval critexia fox Planned Developments (Chapter 18.350)
and add Defuutions in Chapter 18.120. The proposed changes to Chapter 18.350 include a
new purpose statement, and a new approval pxocess and approval cxiteria. Related
definitions of "density bonus", "landscaping", and open space facility" would be added to
the Definitions Chapter (18.120). The complete text of the proposed Code Amendment can be
viewed at http://www.tigard-or.gov/code_amendments, or at the City of Tigard Permit Center. ,
LOCATION: Citywide. ZONE: Cirywide. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive Plan
Policies 1, 2, 3 and 6 and Statewide Planning Goals 1 and 2. Comprehensive Plan Policies
1, 2, 3 and 6 and Statewide Planning Goals 1 and 2.
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Staff
d. Public Testimony:
• TIGARD CITY COUNCIL, AND LOCAL CONTR.ACT REVIEW BOARD
AGENDA - OCTOBER 24, 2006 page 3
Proponents
Opponents
e. Staff Recommendation
f. Close Public Hearing
g. Council Consideration: Ordinance No. 06-
6. CONSIDER AN ORDINANCE TO ADD SECTION 1.12.050 TO THE TIGARD
MUNICIPAL CODE (TMC) TO AUTHORIZE SUBMISSION OF EXP'LANATORY
STATEMENTS BY THE CITY OF TIGARD FOR INCLUSION IN THE
WASHINGTON COUNTY VOTERS' PAMPHLET FOR MATTERS SUBMITTED TO
VOTERS UNDER THE REFERENDUM OR INITIATIVE POWERS BY PETITION
a. Staff Report: Adtninistration Department
b. Council Discussion
c. Council Consideration: Ordinance No. 06-
7. CONSIDER AN ORDINANCE TO REPEAL ORDINANCE NO. 00-33 PROVIDING A
PROCESS FOR CLAIMS FILED AS A RESULT OF BALLOT MEASURE 7
SUBSEQUENTLY INVALIDATED BY THE OREGON SUPREME COURT
a. Staff Report: Administration Department
b. Council Discussion
c. Council Consideration: Ordinance No. 06-
8. STATUS OF COUNCIL GOALS - THIRD QUARTER REPORT
a. Staff Repoxt: Administration Department
9. COUNCIL LIAISON REPORTS
10. NON AGENDA ITEMS
11. EXECUTIVE SESSION: The Tigard Ciry Council may go into Execurive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those pxesent may
disclose nothing fxom the Session. Representatives of the news media ate allowed to attend
Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information
discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
12. ADJOURNMENT
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TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
AGENDA - OCTOBER 24, 2006 page 4
City of Tigard, Oregon
=
Affidavit of Posting
TIGARD
In the Matter of the Proposed Oxdinance(s)
STATE OF OREGON )
County of Washington ) ss.
Ciry of Tigard )
I, D4 ta 0,6- t , being first duly sworn (oY affixmed), by oath
(or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number(s) U~- (1 d-- 0 /p , which were adopted at the City Council
meeting of with a copy(s) of said Ordinance(s) being hereto
attached and by reference made a part hexeof, on the
~ day of _OC &L,4- 20~~.
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oxegon
2. Tigard Public Library, 13500 SW Hall Blvd., Tigaxd, Oxegon
3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oxegon
OFFlCIAL SEAL •
CAROL A KRAGER
NOTARY PUBLIC-OREGON Si atuxe of Person who Pexformed Pos
COMMISSION NO. 402780 ~ g
OWCOMMISSION EXPiRES FEBRUARY 23, 2010
Subscribed and sworn (or affirmed) before me this AO day of
4ZAAa._ , 20eZe_.
Signature of Notary Public for Oreg
CITY OF TIGARD, OREGON
TIGARD CIT'Y COUNCIL
ORDINANCE NO. 06- ~ lp
AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY
DEVELOPMENT CODE, CHAPT'ERS 18.120 AND 18.350, TO CREATE A NEW PURPOSE
STATEMENT, APPROVAL PROCESS, APPROVAL CRITERIA, AND OTHER REVISIONS
FOR PLANNED DEVELOPMENTS AND TO ADD RELATED DEFINITIONS.
(DCA 2006-00003) AS AMENDED '
WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code
Chapters 18.120 and 18350, to create a new purpose statement, approval process, approval criteria and
other revisions for Planned Developments; and
WHEREAS, notice was provided to the Deparnnent of Land Conservation and Development 45 days
prior to the first scheduled public hearing; and
WHEREAS, the Tigard Planning Commission held a public meeting on September 18, 2006, and
recommended approval of the proposed amendment (with additional revisions) by motion with a
unanimous vote; and
WHERFAS, the Tigard Ciry Council has considered applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies; and any applicable provisions of the City's implementing ordinances; and
WHEREAS, the Tigard City Council has found the following to be the only applicable review
criteria: Community Development Code Chapters 18.120.030, 18.350, 18.380.020, and 18.390.060;
Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning Goals 1 and 2.
WHEREAS, the Tigard Ciry Council has deterrruned that the proposed development code amendment
is consistent with the applicable review criteria, and that approving the request would be in the best
interest of the Ciry of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are
hereby adopted and approved by the City Council.
SECTION 2: This ordinance shall be effecrive 30 days after its passage by the Council, signature
by the Mayor, and posring by the City Recorder.
ORDINANCE No. 06-
Page 1
s ,
PASSED: By V nOA I m{j 4S vote, of all Council members present after being read by
number and title only, this -day of C~ lk , 2006.
Catherine Wheadey, Ciry Recorder
-(-k
APPROVED: By Tigard City Council thisc . day of , 2006.
Craig D' ksen, Mayor
Approved as to form: ~
;
.
Attorney
ffl - aq , 01.o
Date
ORDINANCE No. 06- ,I V
Page 2
"EXHIBIT A"
City of Tigard
DCA 2006-00003
Planned Developments Code Amendment
October 2006
Explanation of Formatting
These text amendments employ the following formatting:
StiikethFough - For text to be deleted
[Bold and Italic] - For text to be added
Chapter 18.120
DEFINITIONS
[SS. "Densiry bonus" -Additional dwe[ling units that can be earned as an incentive for
providing undeveloped open space, landscaping, or tree canopy as defined further in this code.]
[87. "Landscaping" - Areas primarily devoted to p[antings, trees, shrubs, lawn and other
organic ground cover together with other natural or artificial supplements such as water courses,
ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways,
sculptures, trellises and screens.]
[104. Open Space Faci[ity related definitions. Open Space Faci[ities may be privately or publicly
owned:
a. Minimal Use Facilities. No other improvements (apart jrom underground utilities and
natural and ecological enhancements) are allowed.
b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses
related to theJunctions and va[ues of a natural area that require limited and low impact
site improvement, including soft surface trails, raised walkways, pedestrian bridges,
seating areas, viewing blinds, observation decks informational signage, drinking
fountains, picnic tables, interpretive centers, and other similar facilities.
Accommodations forADA access shal[ be provided where site considerations permil.
c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater
degree of site deve[opment and/or ground disturbance; such as sports felds, playground
equipment, group picnic shelters, swimming pools, hard and soft surface pathways,
restrooms, and similar facilities.]
[Renumber definitions after #SS according to the above amendments]
Page 1 of 21 October 24, 2006
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose 18.350.020 T-he Process
18.350.030 Administrative Provisions
18.350.050 A~„l;...,.•l•s. r l a ia+ i Zones
rr ~ .,u
18358:098 118.350.0401 Conceptual Develepmeet P1an Submission Requirements
[18.350.050 Concept Plan Approva[ Criteria]
[I8.350.060 Detailed Development Plan Submission Requirements]
[18.350.070 Detailed Deve[opment Plan Approval Criteria]
18.350.100 A..„,.o.,.,l r,.;t,...;
18.350.110 ct,.,,. ,,a n.,,,„ c 18.350.010 Purpose
A. Purpose. The purposes of the planned development overlay zone are:
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~v.,»...~~,t+ ; .n .aul.rv o. avi,. .a. ~ •,iib iuiuaagerr ~
2 TAfaeilitate-the-effi,.;o„+ f 1 d. use ,
,
, buildings, eireulation ~.aE a „+:l:.:os.
~ ,
paftiettlaf- ; d
, their- ,
open ,
living ..+s
[l. To provide a means for property development that is consistent with Tigard's Comprehensive
Plan through the application of flexible standards which consider and mitigate for the
potential impacts to the City; and]
[2. To provide such added benefits as increased natural areas or open space in the City,
alternative bui[ding designs, walkable communities, preservation of significant natural
resources, aesthetic appea[, and other types of assets that contribute to the larger community
in lieu of strict adherence to many of the rules of the Tigard Community Development Code;
and]
Page 2 of 21 October 24, 2006
13. To achieve unique neighborhoods (by varying the housing sryles through architectural
accents, use of open space, innovative transportation facilities) which will retain their
character and city benefits, while respecting the characteristics oJ existing neighborhoods
through appropriate buffering and lot size transitioning; andJ
14. To preserve to the greatest eztent possible the existing landscape features and amenities
(trees, water resources, ravines, etc.) through the use of a planning procedure (site design and
analysis, presentation of alternatives, conceptua[ review, then detailed review) that can relate
the type and design of a development to a particular site; andJ
[S. To consider an amount oJ development on a site, within the limits of density requirements,
which will balance the interests of the owner, developer, neighbors, and the City; and]
[6. To provide a means to better relate the built environment to the natural environment through
sustainable and innovative building and public facility construction methods and materials.]
18.350.020 T-he Process
A. Applicable in all zones: The planned development designation is an overlay zone applicable to all
zones. [An applicant may e[ect to deve[op the project as a planned development, in compliance
with the requirements of this chapter, or in the case of a commercial or industrial project, an
approval authority may appty the provisions of this chapter as a condition of approving any
application for the development.]
B. Elements of approval process. There are three elements to the planned development approval
process, as follows:
; and
[l. The approval of the planned development concept plan; and
2. The approval of the detailed development plan.
3. The approval of the planned development overlay zone.]
C. Decision-making process.
, 18.390.050,
r-eviewed y fneans of a Tyr f-6cedui-7 , ^ a by 18.390.040, .
thEi$^pF.i6vE'd-FvnF@pT-Qevei6prrrcrirplan. In the ctssc--vf-cd~
~
~~~~ien.
' [l. The concept p[an shall be processed by means of a Type III-PC procedure, as governed
by Section 18.390.050, using approval criteria contained in Section 18.350.050.1
Page 3 of 21 October 24, 2006
[2. The detailed development plan shall be reviewed by means of a Type III-PC procedure,
as governed by 18.390.050, to ensure that it is substantially in compliance with the
approved concept plan.]
[3. The planned development overlay zone will be applied concurrently with tl:e approval of
the detailed plan.]
[4. Applicants may choose to submit the concept plan and detailed plan for concurrent
review subject to meeting all of the approval criteria J'or each approval. All applicants are
advised that the purpose of separating these applications is to provide them clear
direction in developing the detailed plans. Rejection of the concept p[an will result in a
corresponding rejection of the detailed development plan and overlay zone.]
[S. In the case of an e.zisting planned development overlay zone, once construction of the
detailed plan hns been completed, subsequent applications conforming to the detailed
plan shall be reviewed under the provisions required in the chapter which apply to the
particular land use application.]
[6. If the application involves subdivision of land, the applicant may also apply for
preliminary plat approval and the applications shal[ be heard concurrently with the
detailed p1an.]
A ('nar»rrant wvefla-y .,a.e an'a eeneeWual eat}6i3S--Thc-appiiEat}6ii-f6r r ic v• e•.1•,• ~
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[D. Concurrent Annlications for Concent Plan and Detailed Plan. In the case of concurrent
applications for concept plan and detai[ed deve[opment plan, including subdivision applications,
the applicant shall clearly distinguish the concept from the detailed plan. The Planning
Commission shall take separate actions on each element of the Planned Development
applicahon (i.e. the concept approval must precede the detailed development approval); however
each required action may be made at the same hearing.]
18.350.030 Administrative Provisions
[A. Time limit on filing of detailed develovment nlan. The concept plan approval expires after
1-112 years un[ess an application for detailed development plan and, if applicable, a
preliminary plat approval or request for extension is filed. Action on the detailed development
plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as
governed by Section 18.390.050, using approva[ criteria in 18.350.070.1
A.[B.] Zoning map designation. w!:e.e M r/l lll~,.,eu uV°•~°'~ -~°~Y V1V,.l111Vl1i * VvGi~ ~~as bee a
,
[The planned development overlay zone application shall be concurrently approved if the
Page 4 of 21 October 24, 2006
detailed development plan is approved by the Planning Commission.J The zoning map shall be
amended to indicate the approved planned development designation for the subject development
site. The approval of the planned development overlay zone shall not expire.
,
,
18.390.040, .
,
t-h2'-G6wimiSS#6n. The detailfy 1an sh.,ll 1.e aPpro i ca-azaw.r +-«zcccrnZfi-ri c.r.
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baS2d-^vn thc-6fitc°ii^a-scifeFth in-~tib$E,'E-ti6n 1-9f thiS-S@Eti6n. This app~ccri-shmi oe g6vem2d
by n,.,,..;s;,,ns „f Sv,.+:,,., 183an nnnr_
C. Extension. The Director shall, upon written request by the applicant and payment of the required
fee, grant an extension of the approval period not to exceed one yeaz provided that:
1. No changes have been made on the original concept" development plan as approved by
the Commission;
2. The applicant can show intent of applying for detailed development plan [or preliminary
platJ review within the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
D. Phased development.
1. The Commission shall approve a time schedule for developing a site in phases, but in no case
shall the total time period for all phases be greater than seven years without reapplying for
conceptual development plan review.
2. The criteria for approving a phased detail development plan proposal are that:
Page 5 of 21 October 24, 2006
a. The public facilities sha11 be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of
temporary public facilities. A temporary public facility is any facility not constructed to
the applicable City or district standard.
E. Substantial modifications to concep#W plan. [If the Planning Commission finds that the
detailed development plan or preliminary pCat does not substantially conform to the concept
plan, a new concept plan-shall be required.] t a t,.prv~o„+ r..1an st,att . . v arr
,.o o t: .,+-e.,
Y
[F. Noncomvliance. Noncompliance with an approved detailed deve[opment plan sha[I be a
violation of this chapter.]
(G. Issuance of occupancY uermits. The development shall be completed in accordance with the
approved detailed development plan including landscaping and recreation areas before any
occupancy permits are issued. However, when the Director determines that immediate
execution of any feature oJ an approved detailed development plan is impractical due to
climatic conditions, unavai[ability of materials, or other temporary condition, the Director shall,
as a precondition of the issuance of a required permit, require ihe posting of a performance
bond or other surety ta secure ezecution of the feature at a time certain not to exceed one year.]
vielatio k~„~
eeeuganEy--pefmits-a~e-issued--IeWeve~A4;e-r-dh B"Weeter- determines + irffinediate-
exeeutien
eendifiefts, > , '
, r-equife the pesting of a peffofmanee bond o
a4 a time ee4aift fiet te exeeed ofte ye
-nthpr- sur-ety to seeufe emeeution e-f tilp, &.Rt4IZ_'
a r..a„s+..:si Z..
18.350.050 ~ --rrI• ~.•l•.-~. uiau 1 M
..,..,n~.. - -
A. By-elee-tie
, in eempli We v4th the r-equir-ements of this ehapter-.
12 A .a•*' f appr-eval l acs , a, develef) 1 - + n l „+1,,,
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Page 6 of 21 October 24, 2006
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18350.090 118.350.0401 Concept Plan Submission Requirements
A. General submission reQUirements. The applicant shall submit an application containing a11 of
the general information required for a Type IIIB [-PC] procedure, as governed by Section
18.390.050 [and the additional information required by 18.350.040.B.J In addition, the
applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through the
particular approach proposed by the applicant. This statement should include:
[a.] A description of the character of the proposed development and the rationale behind
the assumptions and choices made by the applicant.
[b. An explanation of the architectural style, and what innovative site planning principles are
utilized including any innovations in building techniques that will be employed]
[c. An explanation of how the proposal relates to the purposes of the Planned Development
Page 8 of 21 October 24, 2006
Chapter as expressed in 18.350.0I0.1
[d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.]
2. A[general] development schedule indicating the approximate dates when construction of the
planned development and its various phases are expected to be initiated and completed.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or
portions of the planned development. [In the case where a residential subdivision is
proposed, the statement shall include the applicant's intentions whether the applicant will
build the homes, or sell the lots to other builders.]
r b „t:,,,,, ao+.,'t a a ei,p+• f w-h• L• •labi
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B. Additional information. In addition to the generaI information described in Subsection A above,
the concepttial develepfnen4 plan, data, and narrative shall include the following information,
the detailed content of which can be obtained from the Director:
1. Existing site conditions;
2. A site concept [including the types of proposed land uses and structures, including
housing types, and their general arrangement on the site];
3. A grading concept;
4. A landscape concept [indicating a percentage range for the amount of proposed open
space and landscaping, and general location and types of proposed open space(s);
[S. Parking concept;]
-5. [6.1 A sign concept; and
[7. A streets and utility concept; and]
[8. Structure Setback and Development Standards concept, including the proposed residential
density target if applicable.]
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[C. A[lowable Uses1
l. In residential zones. In all residential zones, an applicant with a planned development
approval may develop the site to contain a mixture of uses subject to the density
provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c.
The following uses aze allowed with planned development approval:
a. All uses allowed outright in the underlying zoning district;
b. Single-family detached and attached residential units;
Page 9 of 21 October 24, 2006
c. Duplex residential units;
d. Multi-family residential units;
e. Manufactured homes;
f. Accessory services and commercial uses directly serving the planned development only and
which are customary or associated with, but clearly incidental to, the residential uses
permitted in the zone [such as personat services, preschool or daycare, and retail uses less
than 5,000 square feet in sum totat];
g. Community building;
h. Indoor recreation facility; at'hletic club, fitness center, racquetball court, swimming
pool, tennis court or similar use;
i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis
court, or similar use; and
j. Recreational vehicle storage area.
2. In commercial zones. In all commercial zones, an applicant with a planned development
approval may develop the site to contain all of the uses permitted outright in the underlying '
zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi-
family dwellings in those commercial zones that do not list multi-family dwellings as an
outright use.
3. In industrial zones. In all industrial zones, a planned development shall contain only those uses
allowed outright in the underlying zoning district.
[18.350.050 Concept Plan Approval Criteria]
[A. ?'he concept plan may be approved by the Commission only if all of the following criteria are met:
1. The concept plan includes specific designations on the concept map for areas of open space, and
describes their intended teveC of use, how they relate to other proposed uses on the site, and how
they protect natura[ jeatures of the site.
2. The concept plan identifes areas of significant natural resources, if any, and identifies methods
for their maximized protection, preservation, and/or management.
3. The concept p[an identifies how the future development will integrate into the e.zisting
neighborhood, either throtegh compatib[e street layout, architectural style, housing rype, or by
providing a transition between the eacisting neighborhood and the project with compatible
development or open space buffers.
4. The concept plan identifies methods for promoting walkabi[iry or transit ridership, such methods
may include separated parking bays, ofJ street walking paths, shorter pedestrian routes than
vehicu[ar routes, linkages to or other provisions for bus stops, etc.
5. The concept plan identifies the proposed uses, and fheir general arrangement on site. In the case
of projects that include a residential component, housing type, unit densiry, or generalized lot sizes
shall be shown in relation to their proposed [ocation on site.
Page 10 of 21 October 24, 2006
6. The concept plan must demonstrate that development of the property pursuant to the plan results
in development that has significant advantages over a standard development. A concept plan has
a significant advantage if it provides development consistent with the general purpose of the zone
in which it is located at overall densities consistent with the zone, whi[e protecting natural features
or providing additional amenities or features not otherwise available that enhance the
development project or the neighborhood.J
[18.350.060 Detailed Development Plan Submission Requirements]
[A. General submission requirements. The applicant shall submit an application containing all of ihe
general information required for a Type III-PC procedure, as governed by Section 18.390.050, the
additional information required by 18.350.040.8 and the approval criteria under 13.350.070.1
[B. Additional Information. In addition to the general information described in Subsection A above, the
detailed development p[an, data, and narrative shall include the following information:
1. Contour intervals of 2 to S ft, depending on slope gradients, and spot elevations at breaks in
grade, along drainage channels or swales, and at selected points, as needed.
Z. A specific development schedule indicating the approximate dates of construction activity,
including demolition, tree protection installation, tree removal, ground breaking, grading, public
improvements, and building construction for each phase.
3. A copy ojall existing and/or proposed restrictions or covenants.
City Recorder's note: On October 24, 2006, the following wording shown at this [ocation in this
document for Section 4 a., b., and c. was deleted by the Tigard City Council:
,
"Ui~e& The • , shape,
, '
or4entation, . Stu
Page 11 of 21 October 24, 2006
,
[C. Compliance with snecific development standards. The Detailed Development Plan shall show
compliance with base zone provisions, with the following modifications:
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply.
There shall be no minimum tot size except that lots on the perimeter of the project shall not be
less than 80% of the minimum size required in the base zone.
2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum
site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such
as streets and sidewalks;
3. Building height: In residentia[ zones, any increase in the building height above the maximum
in the base zone will require that the structure be setback from the perimeter of the site a
distance of at least 1-112 times the height of the building.
4. Structure setback provisions:
a. Setbacks for structures on the perimeter of the project shall be the same as t/tat required
by the base zone unless otherwise provided by Chapter 18.360;
b. The setback provisions for all setbacks on the interior of the project shall not apply except that:
(1) All structures shall meet the Uniform Building and Fire Code requirements;
(2) A minimum front yard setback of ZO feet is required for any garage structure
which opens facing a street. This setback may be reduced for rear or side loaded
garages, if specified on the detailed plan and proper clearances for backing
movements are accounted for.
(3) A minimum front yard setback of eigl:t feet is required for any garage opening for
an attached single family dwelling facing a private street as long as the required
off-street parking spaces are provided. This setback may be reduced for rear or side
loaded garages, if specifced on the detai[ed p[an and proper clearances jor backing
movements are accounted jor.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks,
either on a lot by lot, or project wide basis. The commission may require site specific building
envelopes.
5. Other provisions of the base zone. A[l other provisions of the base zone shall apply except as
modified by this chapter.J
18.350.100 [18.350.070 Detailed Development Plan] Approval Criteria
Page 12 of 21 October 24, 2006
[A. Detailed Develonment Plan Approval Criteria. A detailed development plan may be approved only
if all the jollowing criteria are met:
1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept
plan do not make the detailed plan inconsistent with the concept plan unless:
a. The change increases the residential densities, increases the lot coverage by buildings.or
reduces the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d. The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
e. The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.]
A nol,,.;,.n.S,,:., -:+o ao.,o,,,..ri.o . ieir. T-he€-Chapter- 1-8~60, Site~Bei=elepment
Review, . D C.,o..:f.. ..1.,,-..,o.i .lo..ol,,.....e«♦ 1 er-i~ ♦ ♦
, •
The--c6imiiSS}6i3-Shal-l---Hi-a4e f:,,,a:.. +1, t--the C-r-itE'Fia--af@---t2~,* ~'v~L l, ,a '
Va JULaJZi~ia-Yt'iIGTl - CLriliTij2g--aj
aj3'plieatie*-.
-4 [2.1 All the provisions of the land division provisions, Chapters -18:410, 18.420 [Partitions] and
18.430 [Subdivisions], shall be met [if applicable];
2. [3.1 Except as noted, the provisions of the following chapters shall be utilized as guidelines. A
planned development need not meet these requirements where a development plan provides
alternative designs and methods, if acceptable to the Commission, that promote the purpose
of this [chapter] sestie}}. In each case, the applicant must provide findings to justify the
modification of the standards in the chapters listed in rubs°e*i^~ 2 below. [The applicant
shall respond to all the applicable criteria of each chapter as part of these findings and
clearly identify where their proposal is seeking a modification to the strict application of
the standards. For those chapters not specifically exempted, the applicant bears the burden
of fully complying with those standards, unless a variance or adjustment has been
requested.]
,
[a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site
Development Review, are not applicable to Planned Development Reviews. The
detaited development plan review is intended to address the same type oJissues as
the Site Development Review ]
Page 13 of 21 October 24, 2006
[b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an
exception to the access standards, upon a demonstration by a professional
engineer that tl:e resulting access will not be detrimental to the public safety
considering emergency vehicle needs, and provisions are provided for a[l modes of
transportation using the site (vehicles, bicycles, pedestrians, and transit).]
-a. [c.J Chapter 18.715, Density Computation and Limitations. Unless authorized below,
density shall be governed by the density established in the underlying zoning
district, [using the minimum lot size established for that district. Where a project
site encompasses more than one underlying zoning district, density shall be
aggregated for each district, and may be allocated anywhere within the project
site, as deemed appropriate by the commission.]
The Commission may further authorize a density bonus not to exceed 10% as an
incentive to increase or enhance open space, architectural chazacter andl
or site vaziation incorporated into the development. These factors must make a
substantial contribution to objectives of the planned development. The degree of
distinctiveness and the desirability of variation achieved shall govern the amount of
density increase which the Commission may approve according to the following:
(1) [A 1% bonus for each S% of the gross site area set aside in open space, up to a
maacimum of S%,] " max;m,.m-a0~ is allowed for the provision of[active use
recreationa[ open space] ;;::ue.el^r d eonunen ^e°, exclusive of areas
contained in floodplain, [steep] slopes Rr°^*°r *h^n o~, drainageways, or
wetlands that would otherwise be precluded from development;
(2) [Up to a mcrximum of S% is atlowed for the deve[opment of pedestrian amenities,
streetscape development, recreation areas, plazas, or other items from the
"Planning Commission's Toolbox. "J
0
; stfeetseape ; developed
open , ;
do el„y"' ~ a„*. .,,,,a aw/„ ,.o+o.,t: f ' t' +
u ;
0
1~ ;
Tf1V.(`l~•nl uv..4~on c... h +opegr-aph / 4 ~4'
1+ ~ ~VJ JU ~ ~ ~
(4-)-A ina?ifflHm-ef 3 -13; quality-6f- ar-ehit2etufal-quality-&i-2d-Styl ;
mator;.,ls• ; .a*:..o L.,,:1,7;.,..s vi ia.„+.,+;~.,, ....1.,,:1,7' ; .1/
~ tise
of 1.e i. types.
[d.J Chapter 18.745, Landscaping and Screening. [The Commission may grant an
exception to the landscape requirements of this title upon a finding that the overa[l
landscape plan was prepared by a licensed landscape architect, provides for 20% of
the net site area to be professionally landscaped, and meets the intent of the specific
standard being modified J
Page 14 of 21 October 24, 2006
[e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may
grant an eacception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if :
(1) The minimum number of parking spaces is not reduced by more than 10
percent of the required parking; and
(2) The application is for a use designed for a specific purpose which is
intended to be permanent in nature, e.g., a nursing home, and which has
a low demand for off-street parking; or
(3) There is an opportuniry for sharing parking and there is written evidence
that the property owners are willing to enter into a legal agreement; or
(4) Public transportation is available to the site, and reducing the standards
will not adverse[y affect adjoining uses; or
(S) There is a community interest in the preservation of particular natural
features of the site which make it in the public interest to grant an
exception to parking standards.J
[f.J Chapter 18.780, Signs. [The Commission may grant an exception to the sign
dimensional requirements in the applicable zone if.•
(1) The sign is not increased by more than 10 percent of the required
applicable dimensional standard for signs; and
proper4y,
City Recorder's note: On October 24, 2006, Section (2) above was amended
by the Tigard City Council to read as follows:
(2) The exception is necessary for adequate visibiliry of the sign on the
property; and
(3) The sign will be compatible with the overal[ site plan, the structural
improvements and with the structures and uses on adjoining properties.J
[g.] Chapter 18.795, Visual Clearance Areas. [The Commission may grant an exception
to the visual clearance requirements, when adequate sight distance is or can be
met; ]
[ h.J Chapter 18.810, Street and Utiliry Improvements, Sections 18.810.040, Blocks; and
18.810.060, Lots. Deviations from street standards shall be made on a limited
basu, and nothing in this section shall obligate the City Engineer to grant an
exception. The Commission has the authority to reject an exception request. The
Commission can only grant an exception to street sanctions if it is sanctioned by
Page 15 of 21 October 24, 2006
the City Engineer. The City Engineer may determine that certain exceptions to
the street and utility standards are permissible when it can be shown that:
(1) Public safety will not be compromised; and
(2) In the case of public streets, maintenance costs will not be greater than with
a conforming design; and
(3) The design will improve stormwater conveyance either by reducing the rate
or amount of runoff from present standards or increasing the amount of
pollutant treatment.J Chapter- . 18.740,
6--rt2apter-1-8.795, \I ' 1 C-lear-anee A _ _ -
, Chapter- . • > > Chapter- • 18.765, o
fi ~hax~tc~r 18.705, n ~ a~• +•~a
. . ~,b..,~~ "a~~RZa«a
sn. r~t,,,„+o,.18.780, S;,,
.
-1- [4.1 In addition, the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1) The streets, buildings and other site elements shall be designed and located to preserve
the existing trees, topography and natural drainage to the greatest degree possible. [The
commission may require the app[icant to provide an alternate site p[an to demonstrate
compliance with this criterion; ]
(2) Structures located on the site shall not be in areas subject to ground slumping and sliding [as
demonstrated by the inclusion of a specific geotechnical evaluation;]
huildinb nr •••-1j•, •,b YavY",-t' ,;.7o for- .1 + 1' l.♦ t a• ~ r- aif ~-1"FP+'pf9t°"civnr
(4) [(3) Using the basic site analysis injormation from the concept plan submittal,J the
structures shall be oriented with consideration for the sun and wind directions, where
possible; and
0 0 r~,,,..
to..1Q.7nn, •r Removal
..,y:;.~.,....,..~ "r .
b. Buffering, screening and compatibility between adjoining uses:
(1) Buffering shall be provided between different types of land uses, e.g., between
single-family and multi-family residential, and residential and commercial uses;
(2) In addition to the requirements of the buffer matrix (Table 18.745.1), [the
requirements of the buffer may be reduced if a landscape plan prepared by a
registered LandscapeArchitect is submitted that attains the same level of buffering
and screening with alternate materials or methods.] The following factors shall be
considered in determining the adequacy and extent of the buffer required under
Page 16 of 21 October 24, 2006
Chapter 18.745:
(a) The purpose of the buffer, for example to decrease noise levels, absorb air
pollution, filter dust, or to provide a visual barrier;
(b) The size of the buffer needs in terms of width and height to achieve the purpose;
(c) The direction(s) from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
(3) On-site screening from view from adjoining properties of such activities as service areas,
storage areas, pazking lots and mechanical devices on roof tops shall be provided and the
following factors shall be considered in determining the adequacy of the type and extent
of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
c. Privacy and noise: Non-residential structures which abut existing residential dwellings
shall be located on the site or be designed in a manner, to the maximum degree possible,
to protect the private areas on the adjoining properties from view and noise;
[d. Exterior elevations - single family attached and multiple-jamily structures: Along the
vertical face of single fami[y attached and multiple family structures, offsets shall occur
at a minimum of every 30 feet by providing any two of the following:
(I) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight
feet;
(2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight
feet, a mnximum length of an overhang shall be ZS feet; and
(3) Offsets or breaks in roof elevations of three or more feet in height.J
d. [e.] Private outdoor area [residentia[] fa''*' family use:
(1) , [Exclusive of any other required
open space facility,J each ground-level residential dwelling unit shall have an
outdoor private azea (patio, terrace, lorJ porch) of not less than 48 square feet [with a
minimum width dimension of four feet;J
(2) Wherever possible, private outdoor open spaces should be oriented toward the sun;
and
(3) Private outdoor spaces shall be screened or designed to provide privacy for .the use of
the space.
e. [f.J Shared outdoor recreation areas -[residential] mullti family use:
(1) [Exclusive of any other
required open space facilities,] each [residential] development
shall incorporate shared usable outdoor recreation areas within the development
plan as follows:
(a) Studio units up to and including two bedroom units, 200 square feet per unit; and
(b) Three or more bedroom units, 300 square feet per unit.
Page 17 of 21 October 24, 2006
(2) Shared outdoor recreation space shall be readily observable from adjacent units for
reasons of crime prevention and safety;
(3) The required recreation space may be provided as follows:
;
; for- ,
;
;
; fer- ,
4 ew4 indeer- n 4io n .a l.nl rp~ac+ onnh Ti'^rrTr+' o F
, , o
) .
[(a) Additional outdoorpassive use open spacefacilities;
(b) Additional outdoor active use open space jacilities;
(c) Indoor recreation center; or
(d) A combination of the above.J
City Recorder's note: On October 24, 2006, the following wording for a Section g, which
was shown at this location in this document, was deleted by the Tigard City Council:
Demareation , •
,
,
;
, •
, patio, low
> > ;
(b) A .,.,.M_,...~...~
;
i
_or
/ 1 C"g~
/fl 1 a:..1seap.....
s..b.
f~ [g.] Access and circulation:
(1) The number of [required] allewed access points for a development shall be provided
in Chapter 18.705;
(2) All circulation pattems within a development must be designed to accommodate
emergency [and serviceJ vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a
Page 18 of 21 October 24, 2006
siteJ if such facilities are shown on an adopted plan [or terminate at the boundaries
of the project site.]
g. [h.] Landscaping and open space:
(1) Residential Development: In addition to the lbuffering and screening requirements of
paragraph b of this subsection, and any minimal use open space facilities,J
re,,:,.o.,~o.,*., „f s„i.,,.,.- ,,,...,,..t,s (n) ,,.,a (c) „f ..,.,.a:,... ,.FaL...
z r b , a minimum of
20 percent of the site shall be landscaped. [This may be accomplished in improved open
space tracts, or with landscaping on individual lots provided the developer inc[udes a
landscape plan, prepared or approved by a licensed landscape architect, and suretyfor
such landscape insta[lation;]
(2) Cefmnemial Beielep h n b
~ndseaped;--and
(3) industFial . ~
h-. [L] Public transit:
(1) Provisions for public transit may be required where the site abuts [or is within a%
mile of/ a public transit route. The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities [may include but are not necessarily limited to] s#~be limit
te such facilities as:
• (a) A waiting shelter;
(b) A turn-out area for loading and unloading; and
(c) Hazd surface paths connecting the development to the waiting area.
[(3) If provision of such public transit facilities on or near the site is not feasible, the
developer may contribute to a fund for public transit improvements provided the
Commission establishes a direct relationship and rough proportionality between the
impact of the development and the requirement.]
e;
18.780, .
(a) bee-ation-of all-si-gns-pr-eFosed-~or- t#e de, eropfnent site;zand
rb. ~ ~rhe s' g= n s~,,,ti „i..s,.,,,.o t,• i a• ' a• *
. b ,
j- ~j.J Parking:
(1) All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter C-hapter- 18.765;
(2) Up to 50% of required off-street parking spaces for single-family attached dwellings
may be provided on one or more common parking lots within the planned
development as long as each single-family lot contains one off-street pazking space.
[k.]Drainage: All drainage provisions shall be generally laid out in accordance with the
requirements set forth in Chapter [18.810.118.775,
Page 19 of 21 October 24, 2006
;[An applicant may propose an alternate means for stormwater
conveyance on the basis that a reduction of stormwater runoff or an increase in the
level of treatment wi[I result from the use oJ such means as green streets, porous
concrete, or eco roofs.]
4-.[l.] Floodplain dedication: Where landfill and/or development is allowed within or adjacent
to the 100-year floodplain, the City shall require consideration of the dedication of
sufficient open land area for a greenway adjoining and within the floodplain. This area
shall include portions of a suitable elevation for the construction of a pedestrian/bicycle
pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway
plan.
~ Q~ cn n Shared Open Space [Facilities: The detailed development plan shall
designate a minimum of 20% of the gross site area as a shared open space facility.
The open space facility may be comprised of any combination of the fol[owing:
(1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied
by reserving areas for minimal use. Typically these areas are designated around
sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain).
(2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied
by providing a detailed development plan for improvements (including landscaping,
irrigation, pathway and other structural improvements) for passive recreational use.
(3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including tandscaping,
irrigation, pathway and other structural improvements) for active recreational use.
(4) The open space area shal[ be shown on the fina[ plan and recorded on the final plat
or covenants.J
[n. Open Space Conveyance. Where a proposed park, playground or other public use shown in a
plan adopted by the City is located in whole or in part in a subdivision, the Commission may
require the dedication or reservation of such area within the subdivision, provided that the
reservation or dedication is roughly proportional to the impact of the subdivision on the park
system.
Where considered desirab[e by the Commission in accordance with adopted comprehensive
plan policies, and where a development plan of the City does not indicate proposed public use
areas, the Commission may require the dedication or reservation of areas within the
subdivision or sites of a character, extent and location suitable for the development of parks
or other public use, provided that the reservation or dedication is rough[y proportional to the
impact of the subdivision on the park system. The open space shall be conveyed in
accordance with one of the following methods:]
Page 20 of 21 October 24, 2006
, •
The 213-SpaFe afea shall b2-sh9Tin E1#t]}e final plan and-f@Evracd m+T~m-cncv:rcct6r-; cai~
a.- [(1) Public Ownership.J Rv ~ ~ a a • a
t IL
e~e~-s~asat- Open space proposed for dedication to the City must be acceptable to it
with regard to the size, shape, location, improvement and budgetary and
maintenance limitations [A determination of City acceptance shall be made in
writing by the Parks & Facilities Division Manager prior to fina[ approvaL
Dedications of open space may be eligible for Systems Development Charge
credits, usable only for the proposed development. If deemed to be not acceptable,
the open space shall be in private ownership as described below;]
-b-. [(2) Private Ownership.] By leasing-er- conveying title (including beneficial ownership)
to a corporation, home association or other legal entity,[and granting a conservation
easement to the City in a form acceptable by the Ciry. The terms of the
conservation easement must include provisions for the following:J .
4+1, tl.o ri+....E'taining thP-d2vel6~ment r-i&Sz6 +-crxc pr°PcrT7. Tnc'c2FmS-6f-SuG~3
(-14 (a) The continued use of such land for the intended purposes; (2) (b)Continuity of property maintenance;
(3) (c) When appropriate, the availability of funds required for such maintenance;
(4) (d) Adequate insurance protection; and
(3) (e) Recovery for loss sustained by casualty and condemnation or otherwise.
Page 21 of 21 October 24, 2006
• CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06-~
AN ORDINANCE ADDING SECTION 1.12.050 TO THE TIGARD MUNICIPAL CODE TO
AUTHORIZE SUBMISSION OF EXPLANATORY STATEMENTS BY THE CITY OF TIGARD FOR
INCLUSION IN THE WASHINGTON COUNTY VOTERS PAMPHLET FOR MATTERS
SUBMITTED TO THE VOTERS RELATING TO MUNICIPAL LEGISLATION UNDER THE
REFERENDUM OR INITIATNE POWERS BY PETITION
WHEREAS, the initiative and tefetendum powers are reserved to the people by the terms of Article N,
section 1 of the Oregon Constitution as to both state and municipal legislation; and
WHEREAS, Article N, subsection 1(5) provides that municipalities such as the Ciry of Tigard may ptovide
for the mannex of exercising the initiative and xeferendum powers as to municipal legislation; and
WHEREAS, undet the terms of OAR 165-022-0040, the Ciry must pass an otdinance if it wishes to prepate
explanatory statements on matters that are initiated or xeferred to the voters by petition; and
WHEREAS, the City Council believes it is in the public intexest for the City to exercise its Constitutional
authority to provide for the manner of exercising the initiative and xefexendum powers as to municipal
legislation and to comply with the aforementioned admuustrative rule and to therefore, when directed by
the City Council, authorize the City Manager, City Attorney, or City Recotder to prepare explanatory
statements for matters referred or initiated by petition in order that the City is assured of its ability to
explain municipal legislation to the voters of the City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Municipal Code is herebp amended by adding Section 1.12.050, to state: '
Section 1.12.050 - Authorization to Submit Explanatory Statements Relating to Municipal
Legislation Referxed or Initiated by Petition.
When directed by the Tigard City Council, the City Manager, City Attorney, or City Recotder
is authorized to prepare explanatory statement(s) for the Washington County Voters'
Pamphlet fox matters telating to municipal legislation refexred or initiated by petition.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By uA Ct /7 1 M0AL.S vote of all Council members present after being read by
number and tide only, thisday of 0 , 2006.
Catherin Wheadey, City R rder
ORDINANCE No. 06-1 7
Page 1
~ da of , 2006.
APPR.OVED: Ey Tigard Ciry Counc~l this_ y
f
Craig Du sen, Mayor
App oved as to form:
~
ity Attorney ~
/ . ac( vt~
Date
I:UAmVacket'06X061024bNinance - e0anatory slatemenrts.doe
ORDTNANCE No. 06-
Page 2
CIT'Y OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06- I9
AN ORDINANCE REPEALING ORDINANCE NO. 00-33, WHICH PROVIDED A PROCESS
FOR MAKING CLAIMS UNDER ARTICLE I, SECTION 18 OF THE OREGON
CONSTITUTION, IN RESPONSE TO VOTER APPROVAL OF BALLOT MEASURE 7 IN
THE NOVEMBER 2000 ELECTION; SUBSEQUENTLY BALLOT MEASURE 7 WAS
INVALIDATED BY THE OREGON SUPREME COURT ON OCTOBER 4, 2002
WHEREAS, in November 2000, Oregon votets approved Ballot Measure 7, which requited compensation to
owners of pxivate pxoperty for reductions in their property's "fait value" atttibutable to government regulations,
with limited exceptions; and
WHEREAS, the Tigard Ciry Council adopted Ordinance No. 00-33 on November 28, 2000, to ptovide a
process for making claims that might be filed because of the voters' approval of Ballot Measure 7; and
WHEREAS, shortly after the adoption of City of Tigard Oxdinance 00-33, Ballot Measuxe 7's legality was
challenged; and
WHEREAS, unplementation of the Ordinance was held in abeyance until the outcome of the legal challenge
was known; and •
WHEREAS, on October 4, 2002, the Oregon Supreme Court held that Measure 7 violated the Oregon
Constitution's "single subjece' requirement for voter-appxoved Constitutional amendments; and
WHEREAS, Ballot Measure 7 was invalidated by the Oregon Supreme Court; and
WHEREt1S, City of Tigatd Ordinance No. 00-33 was not implemented nor were its provisions codified in the
Tiga.rd Municipal Code.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Ordinance No. 00-33 is hereby rescinded by the Tigard Ciry Council.
T SECTION 2: This otdinance shall be effective 30 days aftex its passage by the Counc.il, signatute by the
Mayor, and posting by the City Recorder.
ORDINANCE No. 06- jg
Page 1
PASSED: By ~fl-1 US vote of all Council members present after being read by number
and tide only, i day of QL+,-17 bSQA- , 2006.
a erine eadey, City R order
APPROVED: By Tigard Ciry Council dvis=~~~day of d CJUQr~ ~ 2006.
Craig Ditk en, Mayor
4A ved as to forin:
C r~
ttorney
'o - o~ '1 `vl.F'
Date
i:\adm\packel'06\081024brdinance - repealinq 0633.doc
ORDINANCE No. 06-
Page 2
Agenda Item No. 3. c =
For Agenda of
" Tigard City Council Meeting Minutes
,
Date: October 24, 2006
Time: 6:30 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevard
Tigard, Oxegon
Attending: Mayox Craig Dirksen Presiding
Councilox Sally HaYding
Councilor Sydney Shenvood
Councilox Nick Wilson
Councilor Tom Woodruff
enda Item Discussion & Comments Action Items follow u
Executive The Tigaxd City Council went into Executive
Session Session at 6:30 p.m. to discuss real propeYty
transaction negotiations and pending litigation with
legal counsel under ORS 192.660(2)(e) and (h).
Executive Session concluded at 7:10 p.m.
Stud Session
Review the IT Director Ehrenfeld and New Woxld Audio Video City Council consensus was
Town Hall Consultant Cudy reviewed this item with the City fox IT Dixector Ehrenfeld to
Audio/Visual Council. work with Mr. Cudy and
Design Report select the upgrades for the
from New A supplement to the System Design Report was Audio/Visual system.
Woxld presented to the City Council and a copy is on file in
Audio/Video the City Recorder's office. Following are the
and Provide highlights of the xeview with the Council:
Staff with
Direction. ➢ Recommendation that the system be wired; no
wires will be visible. Wireless is not as reliable.
➢ Reviewed the recording station equipment.
Two systems were mentioned: Granicus and
FTR Gold. FTR Gold is a good system and
would cost less than $5,000.
➢ Wireless micYOphones were reviewed with
attention called to the information presented
on Page 8 of the staff report.
Councilox Woodruff commented that he supports
an un rovement to the sound s stem but wants the
Tigard City Council Minutes - October 24, 2006 j
enda Item Discussion & Comments Action Items follow u
expenditures to stay within the budgeted amount.
Councilor Wilson concuxxed with Councilor
Woodruff.
City Manager Prossex suggested that if additional
upgrades are desixable over this year's budgeted
amount, they could be submitted for consideration
during next year's budget process.
Administrative ➢ The October 31, 2006, 5`h Tuesday meeting has
Items been cancelled.
➢ Mayox Dirksen advised he plans to attend the
National League of Cities (NLC) Conference in
December. Councilor Hatding said she would
like to attend the leadership training classes
offered before the regular NLC conference
sessions. Council Candidate Gxetchen Buehner
said she would like to attend the NLC
Conference if she is elected in November.
➢ Community Development Director Coffee
distributed a memorandum dated Octobex 24,
2006, regarding "MTIP Public Involvement
Strategy." A copy is on file in the City
Recordex's office.
➢ Ciry Manager Prosser advised that TriMet
GeneYal Manager FrAd Hansen will meet with
the City Council on Decembex 19, 2006.
Business 1.1 Mayor Dirksen called the City Council and the
Meeting Local Contract Review Boasd to oxder at 735
p.m.
1.2 Council Present: Mayor Dirksen, Councilors
Harding, Sherwood, Wilson, and Woodruff.
13 Pledge of Allegiance
1.4 Council Communicarions & Liaison Reports:
Mayor Dirksen announced that the October 31,
2006, Fifth Tuesday Ciry Council meeting has
been cancelled.
1.5 Call to Council and Staff for Non-Agenda Items:
None
Tigard City Council Minutes - October 24, 2006 2
enda Item Discussion & Comments Action Items follow u
2. Proclamations Mayor Dirksen announced the following
proclamations. He advised he was recognizing
National Magic Week and called attention to the
contributions made by the Society of American
Magicians to community pxograms such as the Police
D.A.R.E. camp. Mayor Dirksen advised that the
local Make a Difference Day was held last Satutday.
Volunteexs planted 80 trees within the community
and Team Tigard picked up 17 bags of litter along
Hall Boulevard.
2.1 PYOCIaim the Week of October 25-31, 2006, as
National Magic Week
2.2 Pxoclaun October 28, 2006, as Make a
Diffexence Day
3.Citizen • Report from the TigaYd Area Chambex of Communications Commerce Representative Sue Wirick. Ms
Wirick noted that Executive Director Jeremy
Monlux has been with the Chambex of
Commerce for a year now and noted his
contributions including membership gxowth.
She Yeviewed Chamber events including the
Leadership Pxogram and Professional
Development Program. Ms. Wirick advised
theYe will be an outreach to the business
communiry event in january.
Councilox Shenvood noted Leadership Seminar
students were at the homeless sheltex recently
and said it was a gteat session.
• Dick Fxanzke, 14980 SW 133r' Avenue,
unincorporated Bull Mountain testified in
response to comments made by Councilor
Wilson at the October 10, 2006, City Council
meeting relating to the Cach Cxeek Annexation.
A written copy of Mr. Franzke's comments is on
file in the City Recoxder's office. He said
Councilor Wilson's remaxks were unnecessarily
personal and said that statements made by City
officials that annexations have always been
consensual were false. An annexation cannot be
regarded as voluntary or consensual when sewex
lines urill not be extended to ro erties unless the
Tigard City Council Minutes - October 24, 2006 3
enda Item Discussion & Comments Action Items follow u
property owner annexes or signs a consent to
annex. He suggested the City Council owes the
public apologies and admit that the City forces
annexations.
Councilox Wilson conceded that his remarks
toward Mr. Franzke were personal, but were
made in response to previous public testimony
by Mr. Fxanzke questioning the "decency" of the
Council. With regard to whether annexations are
consensual, Councilor Wilson said he believes it
is fair to entex into an agreement with a property
owner for public services.
Councilox Wilson said that no systems
development charges for parks had ever been collected outside of the City's boundaries. 1VIr.
Franzke said he made the comment that money
had gone back and forth between the City and
County and gave as an example traffic impact
fees collected in the unincorporated area that
were spent within the City of Tigard.
Councilor Wilson pointed out with regard to
developing parks that pYeviously the City
Council's "hands were tied" with regaxd to
buying propexty outside of the Ciry boundaries.
This situation recendy changed and the City had
moved forward.
In response to a comment from N1r. Fxanzke
saying that the City of Tigaxd managed the
unuicorporated Bull Mountain area for nine
years, Councilor Wilson said the City of Tigard
has neveY managed that area.
Although disagreeing about the nature of public
comtnents by Mr. Franzke in the past, Councilor
Wilson said he appreciated hearing from Mr.
Franzke.
4. Consent MayoY Dirksen Yeviewed the Consent Agenda Motion by Councilor
Agenda before the City Council: Sherwood, seconded by
4.1 Approve Council Minutes fox Septembex 19 and Councilor Woodruff, to
26, 2006 approve the Consent
4.2 A rove Ci Centex Adviso Coininission A enda.
Tigard City Council Minutes - October 24, 2006 4
enda Item Discussion & Comments Action Items follow u
(CCAC) By Laws Resolution No. 06-64
The motion was approved
RESOLUTION NO. 06-64 - A RESOLUTION by a unanimous vote of
ADOPT'ING THE CITY CENTER Council present.
ADVISORY COMMISSION (CCAC) BY
LAWS Mayor Dirksen Yes
Coundlor Harding Yes
4.3 Establish a Citizen Advisory Committee to Guide Coundlor Sherwood Yes
the Preparation of the Highway 99W Corridor Coundlor Wilson Yes
Improvement and Management Plan and Coundlor Wooclruff Yes
Appoint Members to the Comxnittee -
Resolution No. 06-65
RESOLUTION NO.O6-65 - A RESOLUTION
ESTABLISHING A CITIZEN ADVISORY
COMMITTEE TO GUIDE THE
PREPARATION OF THE HIGHWAY 99W
CORRIDOR IMPROVEMENT AND
MANAGEMENT PLAN AND APPOINTING
MEMBERS TO THE COMMITTEE
(Note: The following Citizen Advisory
CoiYUnittee members said they planned to be
present at tonight's meeting: Jesse Black, William
Moss, Steve Boughton, Tim McGilvrey, Cherree
Weeks, and Sue Carver. MayoY DiYksen
requested that Coinmittee members come
forwa.rd and he presented them with a City of
Tigard logo pin.)
4.4 Local Contract Review Board
a. Award Architectural Services Contract for
the Watex Building Remodel to LRS
Architects, Inc. and Authorize the City
Managex to Sign the Contract
4.5 Appoint Library Board Alternate Karen Levear to
the Libraiy Boatd - Res. No. 06-66
RESOLUTION NO.O6-66 - A RESOLUTION
FOR THE FOLLOXX'ING APPOINTMENT
TO THE LIBR.ARY BOARD: KAREN
LEVEAR
5. Legislative City Attorney Ramis explained the rules of
Public Hearin xocedure for this le islative hearin .
Tigard City Council Minutes - October 24, 2006 5
enda Item Discussion & Comments Action Items follow u
to Consider
Revisions to the There were no declarations or challenges.
Comtnuniry
Development Mayor DiYksen opened the public hearing.
Code Relating to
Planned Associate Planner Farrelly presented the staff
Developments report. Council pYeviewed the proposed revisions at
(DCA 2006- its October 17, 2006, meeting. He advised that on
00003) October 23 a development consultant sent an e-
mail registering strong objections to sevexal aspects
of the code amendment. One objection was that
the requitements of open space and landscaping
were confusing.
Staff tecommended that the City Council adopt the
proposed ordinance.
In response to a comment by Councilox Woodruff,
Associate Planner FaYrelly and Planning Manager
Bewersdorff confirmed that the Planned
Development Code process is voluntary. Planning
Manager Bewersdorff said that the Planned
Development regulations will be more difficult for
- a developer to follow, but the Planning
Commission will have some ability to woxk with the
developer on proposed projects. If a developer
chooses not to use the Planned Development
process, the noYmal subdivision process would be
available.
Some areas within the city are now designated as
Planned Developments, so a zone change would be
necessary to use another development process.
During discussion City Council agreed with City Council agreed that language
Attorney Ramis about a revision to the following be amended as
section: recommended by City
Attorney Ramis for Section
• Section 18.350.070 3. £(2) to be revised as 18.350.070 3. f. (2) as shown
follows: in the colLUiin to the left.
"The exception is necessary for adequate
visibility of the sign
and..
This chan e was made at the re uest of Ci
Tigard City Council Minutes - October 24, 2006 6
enda Item Discussion & Comments Action Items follow u
Attorney Ramis who advised he was concerned
that the proposed wording might lead to
regulating language content of a sign, which is
unconstitutional.
Mayor Dirksen closed the public hearing.
Mayor Dirksen announced the Ciry Council would
be considering Ordinance No. 06-16 with the
revision noted by City Attorney Ramis.
Councilor Sherwood noted her appreciation to the
volunteers who served fox two yeaYS on the
Coininittee to pxopose these changes to the
Planned Development section of the Code.
Councilor Woodruff said he was heartened that the
Conunittee, made up of diverse interests within the
community, as well as the Home Builders
Association, had been able to reach a compromise
to produce the recommended changes to the
Planned Development provisions.
Councilor Wilson noted he had raised concerns Motion by Councilor
about axeas of the proposed oxdinance at the City Wilson, seconded by
Council meeting last week. Councilox Wilson said Councilor Woodruff, to
the pYOposed ordinance contained language which amend the proposed
was far better than it was before, but he still had language by deleting
concerns with two areas. He called attention to 18.350.060 B. 4. in its
Page 7, of the "Clean Copy" (Attachment 2 in the entirery.
Council meeting packet.) The citation of the code
section he was referring to was 18.350.060 B. 4. He The motion was approved
said it was unlikely that this section would evex be by a majority vote of
used. During discussion, Mayor Dirksen noted he Council present.
thought this language might be related to the Metro
Code because it relates to a designated town or Mayor Dirksen No
regional centex. Counalor Harding Yes
Counalor Sherwood No
Councilor Wilson Yes
Councilor Woodruff Yes
The second area of concern noted by Councilot Motion by Councilor Wilson,
Wilson was 18.350.070 A. 4. g. (Page 12 of 15 of seconded by Councilor
the "Clean Copy" (Attachtnent 2 in the Council Sherwood, to eliininate Secrion
meeting packet.) Councilor Wilson said it was 18.350.070 A 4. g.
confusing as to what would be gained by having
The motion was a roved b a
Tigard City Council Minutes - October 24, 2006 7
enda Item Discussion & Comments Action Items follow u
this section as it relates to crime prevention. He unanimous vote of Council
noted there are times that shrubs are a problem as present.
far as cxime prevention is concerned. Councilor
Haxding noted more issues might arise as an area is Mayor Dirksen Yes
developed more densely. Planning Manager Councilor Harding Yes
Bewersdorff xesponded to a question from Mayor Councilor Sherwood Yes
Councilor Wilson Yes
Dirksen and confirmed that the Police Department Councilor Woodruff Yes
had reviewed this language. City Attorney Ramis
noted some issues with the way the language was Motion by Councilor
written because terms such as "semi public" would Woodruff, seconded by
need to be defined. City Attoxney Ramis also Councilor Shenvood to
advised that because of the word "shall" in the adopt Ordinance No. 06-16,
language, the City must expxess clearly defined as amended.
requixements in written findings.
(City Kecorder's Note:
City Council considered the proposed ordinance Amendments ivere:
with the amendments as noted. 1. Section 18.350.070 3. f. (2)
to be changed a.c follosv.r.•
ORDINANCE NO. 06-16 - AN ORDINANCE
AMENDING THE LANGUAGE TO THE `The exception i.r nece.r.rary
TIGARD COMMUNITY DEVELOPMENT for adeguate iden§.eafienef
CODE, CHAPTERS 18.120 AND 18.350, TO Me~ vi.ribilitv o the .ri~
CRFATE A NEW PURPOSE STATEMENT, and...
APPROVAL PROCESS, APPROVAL
CRITERIA, AND OTHER REVISIONS FOR 2, Section 18.350.060 B. 4. as
PLANNED DEVELOPMENTS AND TO ADD presented in the draft
RELATED DEFINITIONS (DCA 2006-00003) ordinance to be eliminated.
AS AMENDED
3. Section 18.350.070 A 4. g.
as pre.rented in the draft
ordinance to be eliminated.)
Discussion on the motion:
Mayor Dirksen advised he
has long looked forward to
amending this section of the
Code. He said he believed
the new language is
sufficiendy flexible and that
he will vote in favor of the
ordinance.
Councilor Wilson agreed the
new Code language has been
a lon -time comin and
Tigard City Council Minutes - October 24, 2006 8
enda Item Discussion & Comments Action Items follow u
noted his appYeciation for
the work that has gone into
developing the amendments.
Councilox Harding agreed
that the proposed ordinance
represented yeaxs of woYk
and added that now they, as
~ a City Council, need to
"stand behind" this new
legislation.
The motion was approved
by a unanimous vote of
Council present.
Mayor Dirksen Yes
Coundlor Harding Yes
Councilor She.rwood Yes
Coundlor Wilson Yes
Councilor Woodruff Yes
6. Consider an City Recorder Wheadey presented the staff repoxt. Motion by Councilor
Ordinance to State law permits a governing body to issue Woodruff, seconded by
Add Section explanatory statements for mattexs relating to Councilor Sherwood, to
1.12.050 to the municipal legislation xeferred or uutiated by petition adopt Ordinance No. 06-17.
Tigard Municipal if the governing body has passed an ordinance to
Code (TMC) to do so. The proposed ordinance would authorize The motion was approved
Authorize the City Attorney, City Manager, or Ciry RecoYder by a unanimous vote of
Submission of to pxepaxe an explanatory statement in the Council pxesent.
Explanatory situations described above.
Statements by Mayor Dirksen Yes
the City of Mayor Dirksen registered his concexn that reqiuring Councilor Harding Yes
Tigaxd foY cities to pass such an oxdinance "flies in the face of Coundlor Sherwood Yes
Inclusion in the Home Rule." City Attorney Ramis said that the Coundlor Wilson Yes
Washington concept of Home Rule in Oregon has eroded Councilor Woodruff Yes
County Voters' whereby local voters have the right to choose their
Pamphlet for own government and rules. If challenged, the
Matters decision to Yequixe this ordinance could lead to
Submitted to substantial debate. Explanatory statements are
Voters Under neutral and may not take a position on a ballot
the Referendum measuxe.
or Initiative
Powers by Council considered Ordinance No. 06-17:
Petition.
AN ORDINANCE ADDING SECTION 1.12.050
TO THE TIGARD MUNICIPAL CODE TO
Tigazd City Council Minutes - October 24, 2006 9
enda Item Discussion & Comments Action Items follow u
AUTHORIZE SUBMISSION OF
EXPLANATORY STATEMENTS BY THE
CIT'Y OF TIGARD FOR INCLUSION IN THE
WASHINGTON COUNTY VOTERS
PAMPHLET FOR MATTERS SUBMITTED TO
THE VOTERS RELATING TO MUNICIPAL
LEGISLATION UNDER THE REFERENDUM
OR INITIATIVE POWERS BY PETITION
7. Consider an City Manager Prosser presented the staff report. Motion by Councilor
Ordinance to The proposed ordinance is a"housekeeping" Sherwood, seconded by
Repeal request for action fxom the City Council. Councilor Woodruff, to
Ordinance No. OYdinance No. 00-33 was neveY codified, nox could adopt Ordinance No. 06-18.
00-33 Providing it have been implemented because the Oregon
a Pxocess for Supreme Coutt ruled that the ballot measure The motion was approved
Claims Filed as a referred to in Ordinance No. 00-33 was invalid. by a unanimous vote of
Result of Ballot The ordinance should have been repealed. Council present.
Measure 7
Subsequently City Council considered Ordinance No. 06-18. Mayor Dirksen Yes
Invalidated by Councilor Harding Yes
the Oregon AN ORDINANCE REPEALING ORDINANCE Councilor Sherwood Yes
Supreme Court. NO. 00-33, WHICH PROVIDED A PROCESS Councilor Wilson Yes
FOR MAKING CLAIMS UNDER ARTICLE I, Councilor Woodruff Yes
SECTION 18 OF THE OREGON
CONSTITUTION IN RESPONSE TO VOTER
APPROVAL OF BALLOT MEASURE 7 IN THE
NOVEMBER 2000 ELECTION;
SUBSEQUENTLY BALLOT MEASURE 7 WAS
INVALIDATED BY THE OREGON SUPREME
COURT ON OCTOBER 4, 2002
8. Thitd City Manager Pxosser reviewed the staff report.
Quarter Council
Goal Update Brief suinmaries of the progress made on the goals
for this year are on file in the City Recorder s office.
Mayor Dirksen referred to the upcoming ballot
measure for libYaries. He has met with members of
the Youth Advisory Council and noted that several
students have been canvassing the City urging
suppoxt of the library measure.
City Manager Prosser noted that since the progress
report of goals was written, woxk has begun on the
performance audit of the Library. Additional
information was re uested with re axd to the Police
Tigard City Council Minutes - October 24, 2006 10
enda Item Discussion & Comments Action Items follow u
DepaYtment audit and it is anticipated this audit will
soon be undenvay.
. The Technology Strategic Plan was introduced to
the Council last week.
Mayor Dirksen noted significant progress has been
made on the City Council goals. ,
Announcements ➢ No City Council meeting on November 7, 2006
(election night).
➢ Free Fall Leaf Pick-Up at City of Tigard
occuxring on the first three weekends of November. Participants are also encouraged to
bring canned-food donations.
Adjournment The meeting adjouYned at 9:11 p.m. Motion by Councilox
Woodruff, seconded by
Councilor Harding, to
adjoutn the meeting.
The motion was approved
by a unanimous vote of
Council present.
Mayor Dirksen Yes
Counalor Harding Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Counalor Woodruff Yes
a erine eadey, City Record
Attest:
"e.
MayoY, ty o TigaYd
Date: iILA 'g v l.X
IAetlm\cathy\ccm\2008\081024.COc
Tigard City Council Minutes - October 24, 2006 11
STUDY SESSION AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
October 24, 2006 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
6:30 PM
• EXECUTNE SESSION: The Tigard City Council will go into Executive Session to discuss xeal
property transaction negotiations and pending litigation with legal counsel under ORS 192.660(2)(e)
and (h). All discussions are confidential and those present may disclose nothing fxom the Session.
Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4), but must not disclose any infoxmation discussed. No Executive Session may be held for
the purpose of taking any final action or making any final decision. Executive Sessions are closed to
the public.
• STUDY SESSION
➢ Review the Town Hall Audio/Visual Design Report from New World Audio/Video and Provide
Staff with Dixection.
• ADMINISTRATIVE ITEMS
➢ Tonight's Business Meeting:
o Announcement: 5'' Tuesday meeting, which would have been on October 31 `t, has been
cancelled.
o Sue Wirick will give the Chambex of Commerce update during Citizen Communication
➢ National League of Cities Conference - December 5-10 in Reno. Check for attendance.
Council Calendar
October
31 Fifth Tuesday Council Meeting - CANCELLED
November
10 Vetexan's Day Holiday - City offices closed
14 Joint Meeting with Lake Oswego City Council (at Lake Oswego)
21 Workshop Meeting, 6:30 p.m., RRCCR & Town Hall
23-24 Thanksgiving Holiday - Cit offices closed
28 Business Meeting, 6:30 p.m., RRCCR & Town Hall
December 11 Goal Setting Meeting - 1-5 p.m.; Councilor Wilson's home
12 Business Meeting, 6:30 p.m., RRCCR & Town Hall
19 Business Meeting, 6:30 p.m., RRCCR & Town Hall
26 Council meeting cancelled.
Executive Session -
The Public Meetings Law authorizes govexning bodies to meet in executive session in certain limited
situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a
governing body, which is c•lo.red to certain persons for deliberation on certain matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660(2) (b) - Discipline of public officers and employees (unless affected person xequests to have
an open hearing).
192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.)
192.660(2) (e) - Real property transaction negotiations.
192.660 (2) - Exempt public records - to consider xecords that are "exempt by law from public
inspection." These records are specifically identified in the Oregon Revised
Statutes.
192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing
body is competing with other governing bodies.
192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed.
192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted
by the governing body, the employment-related performance of the chief
executive officer, a public officer, employee or staff inember unless the affected
peYSOn requests an open hearing. The standards, criteria and poliry directives to
be used in evaluating chief executive officers shall be adopted by the governing
body in meetings open to the public in which there has been an opportuniry for
public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or liquidation of
public investments.
192.660 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the Yeview and approval of pYOgrams relating to security.
Agenda Item No. d, le-u;
Meeting of Ocf - a y a o a~ ;
` - - - - J
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide Review the Town Hall Audio/Video System Design Report From New Woild Audio Video and
Provride Staff with Direction
Prepared By: Robert Sesnon Dept Head Approval: ~u City Mgr Approval: t/1
ISSUE BEFORE THE COUNCIL
Review the Town Hall Audio/Video System Design Report from New Woxld Audio Video and provide staff with
duecrion.
STAFF RECOMMENDATION
None
KEY FACTS AND INFORMATION SUMMARY
During the City Council woYkshop meeting in August the Council heaid a presentation from Mc. Lon Cud), with NeNv
World Audio Video regarding oprions to improve the sound and video quality of Town Hall. At that meeting Mr.
Cudy ieceived input from the Council and staff. The attached System Design Report from the consultant addcesses
these comtnents and presents several recomrnendations and oprions. The cost of these recorrunendations ranges froin
$83,775 to $156,500. The total amount budgeted foY these upgrades is $84,200, including $1,200 for a digital
confeience xecordeY.
Staff will ineet with the consultant prior to meeting to review and analyze the report recommendations. In addition,
Mr. Cudy will be available during the City Council meeting to discuss the report and address the various optioiis and his
iecorivnendations. OTHER ALTERNATIVES CONSIDERED
No alternatives have been considered. CITY COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Improve Cotntnurucarion and Relationship with Citizens
ATTACHMENT LIST
Systein Desigri Report from Consultant New World Audio Video.
FISCAL NOTES
~
The total cost of the consultant's recommendations ranges from $83,775 to $156,500. The total amount budgeted for
the upgrades is $84,200, including $1,200 for a digital conference recorder.
I:1adm1calhyVormslwebleamlais • cCtla - juna 08.doc .
I
N ew W or l d Aud i o V i deo Re~~sed 9~06~06
Prepared for: Gary Ehrenfeld
4390 SW Schol I s Ferry Rd:
Portland OR. 97225 City of Tigard
> Project: Town Hall
• 503.415.9289 AudioNideo, Presentation system.
WWW.newworldav.00rY1 Design Proposal
,s Audio, Video and Contrd 9ystems Desgn, Engineering, Consulting. Lon Cudy: '~rstems Engineer
City of Tigard
Attn: Gary Ehrenfeld
13125 SW Hall Blvd. REVISED 9/06/06
Tigard, OR 97223
503.639.4171
7ary a,ti 1rd-or. o~v
SYSTEM .DESIGN REPORT
Thaiilc you for allowing New World AV to provide you with this report. Based on our experience
and information provided, this report is an exposition of design, engineering and equipment intended
to upgrade the Audio/Video, Presentation system in the City of Tigard "Town Hall".
Preliminary Design
My intent is to provide technology solutions with minimal impact to the architectural features of the
room. 7'he design premise is simple, easy to use, low maintenance, flexible multipurpose systems to
allow for many different seating and public configurations. Please review this document and deterrnine
if all your needs have been addressed.
Recommend appropriate AV & Control Systems with respect to, but not limited to, the
following initial criteria:
• Program audio system
• Speech reinforcement system
• Control Systems
• Projection system
• Electric screen
• Monitoring capabilities
• Recording ability, Digital audio/video courtroom recording
• Distribution to and reception from local CCTV
• Wired & wireless mics
• High resolution document camera
• Press Feed
• CD, DVD and VCR capabilities
• Overflow environments
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Da-lite Tension Contour Electrol projection screen.
Mounted on the front wall at 15ft. above floor. The
image size will be 84" high and 112" wide. At 4;3 ratio.
Controlled by the main control panel and /or optional
~wall switch. (Photo shows black, available in white).
Screen
Equipment cost estimate: $ 3,400
Options: Lesser screen quality is not
recommended.
Optional lesser screen cost: $ 2,200
Conduit and hi2h voltage installation
The projection screen and projector will require 120VAC.
This will require an electrical contractor to supply and install.
Also this project will require audio/video conduit pathways.
Note: I recommend you purchase and install the projection screen,
install A/V conduit pathways and install projector shelf before the
A/V contractor bid process. This will save down time in the room
and provide for accurate bid estimating. Also, if the A/V
contractor is used to supply and manage this, it will add to the
overall cost.
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page2
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigazd Project: Town Hall
AudioNideo, Presentation system.
7000+ ansi lumen LCD projector mounted on shelf at 15ft above floor
on back wall. (Above main ent r y door). Native resolution 1024 x 768.
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Proiector
Equipment cost estimate: $ 14,000
Options: Lesser projector brightness is possible, but will affect
image quality. You will notice a big difference in natural ambient
light conditions.
You will need to dim the lights significantly and apply any
window shades to accommodate a lesser brightness projector.
Optional Lesser projector brightness cost: $ 8,000
Note: I recommend you purchase this item separately from the
A/V contractor bid process. Many audio visual contractors will
charge full list price on this type of equipment.
Note: If you purchase any high price tag items outside of the A/V
contractor bid process you will save significant costs.
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page3
www.newworldav.com 503.415.9289
s
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall ,
AudioNideo, Presentation system.
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Audio system upgrade. Replace speakers, assisted listening system (This can double as a
language translation delivery device), power amplifiers and audio control system. Also
allows for telephone conference.
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Audio Svstem Upgrade
Equipment cost estimate: $ 16,000
Options: Remove new Assisted Listen system
Remove Telephone conference system,
Reduce the number of audio inputs for future availability.
Optional Lesser Audio system cost: $ 11,000
New Warld Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page4
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
Audio/Video, Presentation system.
Clerk/Recorder station.
This is the place for digital audio/video court recording, annotating and playback.
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Digital court recording
Equipment & Software cost estimate: $ 7,000
This allows for qty.l clerk/recorder computer and FTR software.
Audio, Video recording to hard drive and meeting notation only.
(This does NOT provide a voting system or managed streaming
playback)
Options: See Granicus Software below. ADD $ 8,000 to $50,000
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page5
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
The main control panel is a desktop touch screen with
easy to use buttons for controlling the presentation
system and more. Functions include: system on/off,
, j. screen up/down, source switching, microphone and
; ; ~ „ t , ~ ~ µ ~ program audio volume. The source switcher allows the
room projector and council LCD panels to display
i'LS
~ laptop, document camera, DVD, cable broadcast and
other video sources. Audio is automatically switched.
`-r (Picture shows basic design touch panel, make and
model TBD).
~
Main Control Panel
Equipment & Software cost estimate: $ 5,000 + programming
labor estimate $ 000
This allows for qty.l Control system main frame, peripheral
devices, touch panel and software.
. Advantages are: Provides control fi om any allowed computer
over network, provides individual microphone control, provides
transport controls for video playback devices, and provides
unlimited control possibilities for the future.
Note: This panel provides sophisticated audio and video control.
Any lesser system will require an operator to do more inanual and
complicated functions.
Options: Desktop button
panel. This will provide ~ a:limited switching and
volume control from desktop
buttons.
Optional Lesser Desktop r J~~~.. ;
button panel cost: $ 1,500
+ programming $ 2,000
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page6
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Council member stations.
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City of Tigard laptops or computers
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Each station is equipped with a low profile 15"LCD touch screen. This allows the
viewing of any input selected at the main control and matches what is shown on the
projector. Each station will have a switch for selecting an individual laptop or local
computer. The touch screens may be programmed for special needs in the future.
Council and Mavor station
Equipment touch panel estimate: $ 700ea panel 400
hardware per station.
Advantages are: The stations will be completely wired for any
thing in the future.
Option "A": Replace touch panel with standard 15" LCD deslctop
monitors.
Option "A" Lesser monitor cost: $ 225ea panel+ $ 400 hardwai•e
per station.
Option "B": Remove laptop input /local hardware switch device.
Note: This option only provides for a local monitor. NO other
laptop or computer inputs will be located at the council stations.
Option "B" Less laptop input/ local switch device cost: $400ea.
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page7
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Council member station microphones.
Audio Technica desk stand allows for any microphone-to plug in.
It includes a programmable button for push to talk with indicator
~ * .
y~ light.
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Audio Technica AT892c-TH head worn microphone
~N14 will plug into each desk stand and allows far
~ convenient push to talk button placement.
Optional gooseneck microphones.
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Microphone Svstem Upgrade
Equipment cost estimate: $ 400ea Headworn microphone
$ 200ea Mic Base W/Switch
Advantages are: Provides superior audio quality, ensures all
participants are recorded accurately. The mic base has a
programmable switch allowing many control configurations.
Options: Replace headworn mic with gooseneck microphone.
Optional Gooseneck Microphone cost: $ 300ea
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page8
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Microphone details.
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AT892c-TH MicroSetTM
Introducing a giant stride in the technology of inconspicuous sound. With a capsule
diameter of just 2.5 mm, the new MicroSet provides the ultimate in low-profile, high-
performance audio. This innovative omnidirectional condenser headworn mic offers an
ergonomic under-ear design: its flexible, lightweight contoured loop hoolcs behind either
ear for an ultra-secure, comfortable fit with or without glasses.
• The new quality/wearability standard for micro headset technology
• Inconspicuous, lightweight headset is ideal for applications requiring minimum
visibility
• Ergonomic under-ear design-flexible, lightweight contoured loop hooks behind
the ear for an ultra-secure, comfortable fit with or without glasses
• Industry-standard sound quality-extremely intelligible natural audio for stage
and television talent, lecturers and houses of worship
• Rugged construction designed to meet the challenges of day-to-day use in
production and theater settings
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page9
www.newworldav.com 503.415.9289
P
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Presenter station.
This desktop input box allows for laptop, document camera
and standard video input. It can be positioned on any desk
top and has a cable harness connected to the floor box in
center of room. The inputs are controlled by the main touch
screen and include audio. This can include a countdown
timer connection.
~
Presenter station A/V input
Equipment cost estimate: $ 3,200
Advantages are: This is the main input for the presenter station at
the deslc.
Options: Reducing the functionality of this station is NOT
recommended
Presenter station microphones
The presenter station has 2 wired desktop microphone staiids with long
' - gooseneck microphones. ,
. ~
~ LL Equipment cost: $ 300ea Gooseneck microphone
. $ 200ea Mic Base W/Switch
,
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Wireless microphoiles with desktop
•%'~z stands allow for easy placement and
flexible seating arrangements.
h. . .l
Equipment cost: $ 450ea
wireless mic and mic stand
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New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel0
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
.Wolfvision VZ-27 desktop visualizer and document camera.
This will be mounted on a rolling cart. It allows for any object to be
~~C+r viewed on the monitor system. It can be used for many different
functions and can plug into other VGA/video monitors.
WolfVision Visualizers are recognized worldwide as the highest
quality document cameras. WolfVision Visualizers are used for
displaying material in presentations, training, education/teaching, courtroorns, video-
conferencing, 3D scanning, telemedicine and broadcasting. They are recognized for their
great image reproduction and resolution, accurate colors and ideal control of lighting.
They are designed to easily and accurately capture any kind of material to be displayed,
whether it is written material on paper or transparency, x-rays, 3-dimensional objects and
even items or people in a room.
The unique light system of the Professional series greatly improves the overall picture
quality, especially when working with 3-dimensional objects. It allows for shadow free
illumination, illumination of hollow objects and exceptional depth of focus. The
motorized arm and mirror allow users convenient scrolling of documents with the
Visualizer's remote control
Presenter station desktop visualizer and document camera
Equipment and labor cost estimate: $ 9,000
Advantages are: This unit will be cart mounted and available for
use in other room and meetings. This unit offers a camera that can
substitute for a TVCTV broadcast camera. It is able to record
people and meetings on the clerk/recorder station with out a
TVCTV operator.
No other document camera in this price range can equal the VZ-27.
Document Camera prices: $1,000 to $ 20,000
Options: I recommend you purchase this item separately from the
A/V contractor bid process. Many audio visual contractors will
charge full list price on this type of equipment.
Note: If you purchase any high price tag items outside of the A/V
contractor bid process you will save significant costs.
New World Audio Video 4390 SW Scholls Ferryrd. Portland OR. 97225 pagel 1
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Remote press feed and viewing stations.
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This is a wireless, compact and portable press feed. It is very
versatile and easY to use. AdditionallY, it is designed for remote
WAAF/ viewing of any Town Hall broadcast. It can be placed; anywhere
Mf
FAIW there is a standard power outlet (120vac). It has a wireless range of
200ft. Users will receive broadcast quality audio and video. This
unit will provide an audio/video feed for connecting to other
projectors or TV for overflow environments. It includes an 8"
LCD panel, headphones and speakers. It is housed in a light weight
portable rack case.
Remote press feed and viewing station. ;
Equipment and labor cost estimate: $ 6,000
Advantages are: This unit is very portable, allows visiting press to
set up anywhere, requires no programming, allow people not in the
Town Hall to view the live meeting/presentation. ,
Options: Install conduit, wires and hardware devices at any/all the
places you may need. This is NOT recommended and may cost
$23000 to $4,000 per location.
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel2
www.newworldav.coin 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
• AUDIO/VIDEO MONITOR IN BACK ROOM
• Allows for viewers to monitor the broadcast presentation
• Includes a 20" LCD monitor mounted on the wall
• Includes audio speakers w/volume control on wall
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Remote back room viewing station.
Equipment and labor cost estimate: $ 2,000
Advantages are: This unit allows a dedicated wall monitor and
speakers. People can monitor the live meeting while waiting in the
backroom for their agenda time.
(May also be used for local computer monitor, archive playback
and other information services. More equipment may be needed)
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel3
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Optional Presenter station.
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This kind of station adds a nice look and style to a room. It can house most A/V
equipment if needed. This station can roll away for different room configuratious.
• PRESENTATION LECTURN
• ADDS $ 4,000 to $ 10,000 equipment
• ADDS 2,000 TO $4,000 IN LABOR
Video Conference.
• VIDEO CONFERENCE
• Allows for live video, audio and content communication
• ADDS $ 8,000 to $ 30,000 Equipment
• ADDS 4,000 TO $6,000 IN LABOR
• Requires network bandwidth
• May requires camera operators
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel4
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
graCl1CUS"
fow'T'heRecord
.
For The Record (FTR) vs Granicus
This is a brief comparison for digital audio/video court recording, annotating and
playback.
BOthoffer the same basic audio/video court recording, annotating and playback.
This is usually controlled by the clerk from a computer or touch screen.
The system uses tape recorder style buttons on the screen for recording and playback.
This system records exactly the broadcast on the public TVTV. (Or other special a/v)
At the same time record notes, date and time are recorded and stored on local computer.
FTR offers 4 digital audio tracks, local network file sharing, save files in multiple
formats.
Computer hardware estimated cost: $ 3,750.00
Computer software estimated cost: $ 3,500.00
Granicus offers webcasting solutions provide local government with the ability to
deliver public meetings, service announcements, education content and video training
through the Internet, live or on-demand. Deliver public information quiclcly witli rich
media lilce minutes, reports, agenda and more all synchronized with the video/audio
content.
Software cost and managed services are based on population of local jurisdiction.
Computer hardware estimated cost: $3,000 to $10,000 Pending optiol:s.
Computer Software estimated cost: $ 8,000 to $100,000
Granicus managed services estimated cost: $700 to $ 3,000 per month
See more info below.
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel5
www.newworldav.coin 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
Fc►rThe'Record
FTR Log Notes Features
Notes create time stamps that link directly to specific segments of recorded proceeding:
Powerful internal search engine helps find specific words and phrases
User-definable glossaries, picklists and "hot-keys" for faster data entry
Log sheets can be merged while retaining identities of individual sets of notes
Includes FTR Player Plus, which features easy-to-user, "tape recorder-style" controls
IncludesWOrdLinkTM which offers you the option of creating notes in Word
Includes Microsoft VBA so you can customize FTR Log Notes to meet your court's specific
needs
Compliant with accessibility requirements for disabied users (Section 508 in USA)
Benefits FTR Log Notes Offers You
Take notes before, during and after a proceeding and synchronize notes with the recorded
audio, even if you weren't connected to the court network when you took the notes.
Search all log sheets to locate specific case information by event, case or speaker
Search specific log sheets for events, speakers and notes
Create private notes and store them in location with restricted access
Use glossaries, picklists and user-definable "hot keys" to automate data entry
Share notes and linked audio across a network
Use WordLinkTM to create notes in Microsoft Word
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New World Audio Video 4390 SW Scholis Ferry rd. Portland OR. 97225 pagel6
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
~
ForTN+eRecord
What is TheRecord PlayerM?
TheRecord PlayerT"' is used to play back, duplicate and share audio and video recorded
by TheRecord 12eporterTM, our digital court recording solution. Although its audio and video
play back features are the most advanced available, the "tape recorder-like" features and functions
of TheRecord Player are easy to understand and learn. TheRecord Player gives you complete control
of the play back process. You can review an entire proceeding or pinpoint specific
segments, increase or decrease the master volume or the volume of individual channels, and isolate
individual channels-- all without fast forwarding or rewinding a single cassette. TheRecord Player is
available as a FREE DOWNLOAD from the FTR web site.
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New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel7
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
ra~,e::~swsw''~~ .
graC11CUS'
h~"r, w••r.www..a..waaa
Granicus webcasting solutions provide local nW;
government with the ability to deliver public 4°
meetings, service announcements, education content ,y-
and video training through the Internet, live or on-
demand. Deliver public information quickly with
rich media like minutes, rePorts, agenda and more
all synchronized with the video/audio content. • 4F, . ~ ~ .
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Publish recorded files live and as searchable
archives that can be used for efficient long-term
record keeping. Searchable archives allow any
meeting or any section of a meeting to be retrieved using a simple keyword search, lilce
any popular search engine, such as "Google".
• Public Meetings
Automatically and cost effectively Webcast public meetings which have minutes
and documents linked to key agenda items. Index webcasts to agenda items,
include closed captioning and search archived meetings, by keyword.
• Public Information
A powerful way to webcast information to constituents, who can access content
rich files at anytime, without having to contact city staff. Provide for large heavy
. traffic loads without buying additional bandwidth. Separate infornlation by city or
county departments or groups such as; planning, council, or parks.
• On-Demand Training
Provide interactive training by department or agency wide and test for knowledge
retention. On-demand training allows users to learn at their pace and includes
slides, Q&A, and live interaction with training course instructors.
• Services
Granicus provides local government 24 hours, 365 days a year monitoring, free
software upgrades, unlimited bandwidth and storage for all our requirements. Plus
added services to transfer existing video/audio and documents to content suitable
for archiving on your web site.
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel8
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
Audio/Video, Presentation system.
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New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel9
www.newworldav.com 503.415.9289
Revised 9/06/06
Low range High ran.ge
_
T'o~ta ~,~taltf o r e s t im a# e;s
c~ r~,. „$5 004 000~~~ ~$5 0Q '0 00;
rC o:mpute.r,-Vrde~o=Switchet S>cale ~
o re A/V,~-sup,p'ort dev:ices ,0~0,0 00,~," $5_0,00 OQ:
~FryoTection :screen tV e~
Tab tension High quality $3,+00.00
CProj ector
i
edium bri
I M 6 >0 d -o
..9.h.t 5000, ansi
Bright 7000 ansi lumens $1a,0'00.00
A.udio system~ main,frame Speaker_-~s,
,Ba;sic aud,io m a t r i x , am ps and, spe,akers~ $11 A00 OOj
Adds assited listening, teleconf, future expansion $16,0;00.00
-~--atalCourt recordmg ~
'Basiac Audio video nota;tion re~cordi,n,g~, ,,m~_,$7 000 061
Adds voting,public stream ing, m anaged services $11 ,000.00
~Con'trols S,ys4temMain Panel~'
~Basic desktop,buttons_; $3,5~00 ~,0~0...~~
. . . .d,n...,...-«+ d .
Adds m ain fram e, touch panel, unlim ited futu:re control $8,000.00
fQTY 7 Counci "777 Video Monrtor~ ~~1
_
iBasicr,l,5_m_onitor w,/laptop_inp_ut.4w~/swrtch , ~$4375'OOr
Adds 15" touch screen a n d laptop/com puter switch $7,700.00
~Q T Y7~C o'~u n c U S ta Cio n' M ic~ro~p h o'me s~ V~''~ 7
idesk.stan:d w/sw';itch_and~gooseneck m ic ~$~,3 r50,0.;00~
Desk stand, w/headworn m ic $4,2.00.00
_ 0 0 0 0~
~2 XGA_viideo m p~utsw audio,-1 NTSC v~d e..o
_
Sam e $3,2.00.00
[P;resenter°statioan, M icrop'ho~nes :7,-,
2 ooseneck m ics w~/mic base
._.9_ . _ ~ .~...w_~...~. ,.,,..A $:.1
Adds qty. 4 wireless mic w/stands $3,000.00
. ,
~Doc-um ent Camera
~L.o,w,_gu.,ality,NTSC~,video ' ,,~~$1;y0~00 0'O~i
, _ . .
High Quality 1ccd camera and lights $9,000.00
~Rem ote Pr e,ss feed and Uiewing kStabon
jConduit;_c_ables _devic~,es _Press_feed„only____ 4 "000 00_;
Adds wireless system press feed%viewing station $6,0700.00
iAudi Vio d'weo o Mo`nitor in backroo.m
jLC'D m orritr an.w,ali w/volume c%o'"ntrol~ $2 "000 0`0>
l
Sam e $2,000.00
[L e t'e r n.F':u r n tt u r e, ` ~~-47 1 i;
~7
z ~ - T"
Adds selected furniture_____... _ $4,000.00
Vid°eo Conferencing - 1
s t . ~
___m_
Adds co plete video conference system $10,000.00
ESTIMATED TOTALS F_q,Q,;,79] $156,5;00.00
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page20
www.newworldav.com 503.415.9289
Revised 9/06/06
Prepared for: City of Tigard
Project: Town Hall
AudioNideo, Presentation system.
SUMMARY:
• Dramatic improvements to all audio and video systems
• Easy to use control systems
• Convcnient, portable press feed and monitor station
• LCD monitors and new microphones at all council stations
• Presenter station with many available media inputs
• High resolution document camera/ multi purpose camera system
• Flexible multi-purpose equipment adapt to different room layouts
• Large projection screen and very bright projector.
• World class equipment offers many future expansion options
• Estimated total equipment: $50k to $100k
• Estimated total labor: $30k to $45k
• Estimated Project total: $80k to $145k (Pending Granicus options)
• Estimated Town Hall down time is 3 weeks for construction
New World A/V is committed to improving how you present, receive and exchange important
information in your communication and presentation environments. Please review this document
and determine if all your needs have been addressed.
Tlla nl:s,
Lon Cudy
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page2l
www.newworldav.com 503.415.9289
New W orld Audio Video Revised 9/18/06
4390 SW Schol I s Fer ry R d. Prepared for: Gary Ehrenfeld
~~~d City of Tigard
P
, OR. 97225 Project: Town Hall
503.415.9289 AudioNideo, Presentation system.
W W W. t'1eW W a,id1V.00m Design Proposal
Audiq Video and Contrd 9ystems DesgR Engneering, Consulting Lon Cudy: 9ystemsErxjneer
City of Tigazd
Attn: Gary Ehrenfeld
13125 SW Hall Blvd. SUPPLEMENT TO 9/07/06
Tigard, OR 97223
503.639.4171
gary@ti ar~ d_or•gov
SYSTEM DESIGN REPORT
The following page is designed to clarify the priority list and options presented in the preliminary
design report dated 9/07/06
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 pagel
www.newworldav.com 503.415.9289
. • • Low range hign range
Total Labor estimates _$30,000.00 _ $45,000.0
0 J Computer, Video Switcher Scaler $5,000.00 $5,000.00
~ ore AN support devices $5,000.00 - - -$5,000.00
projection screen
~ Non-Tab tension $2,200.00,
Tab tension High quality $3,400.00 •
~ Projector - - - - ,
'Medium bright 5000 ansi lumen $0000.00; /
Bright 7000 ansi lumens $14,000.00
IAudio system main frame,Speakers,Amps ,
Basic audio matrix, amps and speakers $11,000.00;
Adds assited listening, teleconf, future expansion $16,000.00
FQTY. 7 Council Station Video Monitor
X qy. 7 'Basic 15" monitor, w/laptop input, w/switch $4,375.00'
X qy. 7 Adds 15" touch screen and laptop/computer switch $7,700.00
;QTY. 7 Council Station Microphones i
X qy. 7 desk stand w/switch and gooseneck mic $3,500.001,
X qy. 7 Desk stand w/headwom mic $4,200.00
~ Presenter Station AN input
~2 XGA video inputs w audio, 1 NTSC video $3,206.00;
Same $3,200.00
jPresenter station Microphones ~
;2 gooseneck mics w/mic base $1,000.00
Adds qry. 4 wireless mic w/stands $3,000.00
j Digital Court recording ~
Basic Audio, video notation recording $7,000.00:
Adds voting,public streaming, managed services $11,000.00
~Controls System Main Panel ~
iBasic desktop buttons $3,500.00;
Adds main frame, touch panel, unlimited future control $8,000.00
BASIC SYSTEM ESTIMATE $83 775.00 $125 500.00
OPTIONS
Document Camera ~
I_
iLow quality NTSC video $1,000.00!
High Qualiry lccd camera and lights $9,000.00
~mote Press feed and Viewing Station ~
iConduit, cables, devices. Press feed only $4,000.00~
Adds wireless system press feed/viewing station $6,000.00
[Audio, Video Monitor in back room j
~LCD monitor an wall, w/volume control $2,000.60i
Same $2,000.00
~Lectem Furniture ~
I - $0.00'
Adds selected furniture $4,000.00
- - - - -
Video Conferencing 1
$0.00'; •
Adds complete video conference system $10,000.00
New World Audio Video 4390 SW Scholls Ferry rd. Portland OR. 97225 page2
www.newworldav.com 503.415.9289
~
~m
Sio~ _
= MEMORAN UM
TIGARD
TO: Council
FROM: Tom Coffee, CD Director
RE: MTIP Public Involvement Strategy
DATE: 10/24/06
On September 30th , TPAC adopted a First Cut or 150% (of anticipated federal dollars) List,
containing 67 projects. Both Tigard-sponsored project proposals, Main Street Greenstreets
and transit center planning, are included on the list. Another first round survivor is the
Metro-sponsored Westside Trail, formerly known as the Powerline Trail, master planning
project. This project's $335,000 work scope, includes master planning the missing Tigard
and Tigard to Tualatin River segments of the trail, among other gaps.
The week of October 9ih Metro Council reviewed, and JPACT released, the First Cut List for
public comment. The public comment period runs from October 13ih to December 1st.
During this six-week period, public comment opportunities will include a telephone hot line,
a webpage comment feature, and letters or written communications. It also will include four
so-called listening posts, where JPACT representatives will accept testimony (time limit 3
minutes per speaker) from anyone wishing to provide comments.
The four listening posts are a formal opportunity to address JPACT regaxding individual
projects and include one Westside Listening Post. 5-8 PM, Monday, November 13ih in the
Beaverton Community Center, 12350 SW Sth Street. In January, after a Metro Council policy
discussion and direction on narrowing the First Cut List, JPACT will decide on a Final Cut
list.
Strategy for Supporting Tigard Project Proposals
Now that all three MTIP projects within Tigard have been carried forward for further
consideration and public review, how can the City be involved in promoting these projects?
More specifically, how can the City influence the project selection process as JPACT moves
from the 150% to the 100% or Final Cut List?
. T
Both Council and the community can play important roles in supporting the three projects
in question.
Council:
According to Metro staff, Council's June 30, 2006, resolution authorizing the submittal of
the Tigard-sponsored projects is "more than adequate to reflect Council's priorities" and no
new resolution is needed.
There are at least three additional ways for Council to support or politic on behalf of the
Tigard-related MTIP projects: a formal letter to JPACT, public testimony at the previously
mentioned Westside Listening Post, and personal communications with the two Washington
Counry JPACT representatives,.Beaverton Mayor Rob Drake and County Coinrrussioner
Roy Rogers, and with Metro Council District 3 representative, Carl Hosticka. In order not
to "dilute the message", staff recommends that Council communication efforts focus on the
two Downtown or Tigard-specific projects. At the same time, community public
involvement efforts could focus on all three Tigard-related projects, since each project may
have its own constituency. That is, trail supporters, transit supporters, and greenstreet
supporters are ]ikely to include both overlapping and project-specific advocates in the Tigard '
community. Presumably, downtown supporters would form a large overlapping group in
support of both downtown projects.
A letter from Council to JPACT in support of the projects during the public comment
period is an opportunity for Council to weigh in on, and go on the official record in support
of the Tigard projects and also is an action highly recommended by Metro staff.
Providing testimony during the Westside Listening Post on November 13th is an opportunity
for Council to address JPACT in person about the merits and importance to Tigard of the
downtown projects. In the opinion of one MTIP staff person, addressing JPACT clirectly at
one of the listening posts carries more impact than does submitting comments by phone,
web, or mail.
Of key importance also is the opportunity to influence decision makers through personal or
one-on-one communications with the two Washington County JPACT representatives. The
aim of these informal communications should be to ensure that the two representatives are
aware of the importance to Tigard of the downtown projects as well as the importance of
equity as a factor in the distribution of MTIP funds, that is, of the unportant idea that a
proportional share of the money should be allocated to Washington County projects.
Another aim should be to ensure that the representatives are educated about the details of
the Tigard-sponsored projects. The reason is that JPACT members will not receive full
copies of the Tigard, or any other of the 67 project applicarions. Instead, they will receive a
report containing short suinmaries of each project prepared by Metro staff. As the only two
Washington County representatives with "seats at the table," it is important to attempt to -
r
ensure that these two JPACT representatives are fully informed about the Tigard projects
and have the background detail they need to answer questions or concerns about the
projects raised by other cominittee members during and outside of formal deliberations and,
should they choose to do so, to actively support or advocate on behalf of the Tigard
projects.
Because their time is limited, staff recommends that the personal written communications to
the two public officials include a separate one- or two-page fact sheet listing the key points
related to each project.
Mobilizing the Public
Tigard residents should be rallied to submit comments endorsing all three Tigard projects
currently in-play and encouraged to attend the November 13th Listening Post. The aim of
their efforts should be to demonstrate grassroots or broad support for the projects in the
community. According to other sponsors, the rule here is "the more support the better." At
the same time, the quality of letters and other communications is important. Letters from
both group representatives and "real" people with personal stories to tell are the most
persuasive. Letters tend to carry more weight than MTIP webpage comments. These should
be sent to and packaged by the City for forwaxding to JPACT and Metro Council.
A starting point for engaging the public and mobilizing support is the Tigard webpage and
City.rcape. The webpage, of course, can be used to activate community support on behalf of
the projects much more quickly than the printed City newsletter. A web story could be
linked to the project proposals and hyper-linked to the Metro MTIP public comment page
to facilitate comments. Staff should prepare and submit stories to the editors of these two
City oudets. The Community Connector weekly e-newsletter is another outlet for informing
the community about the need for "all hands on deck" and for active, community-wide
participation in the MTIP process.
Direcdy affected groups, such as the CCAC, Transportation Priorities Corrunittee, Paxk and
Recreation Board, and Downtown Merchants Association as well as other stakeholder
groups, such as the Chamber of Commerce, also should be encouraged to submit
cornments. These comments should be in the form of a letter on behalf of the group, plus
individual member letters containing personal stories. As alluded to before, the theme of
these stories usually would be about shopping or recreating in Downtown, using Commuter
rail, providing an identity for the City, or walking or jogging on the Westside trail.
The Westside Listening Post is another involvement opportunity that citizens should be
encouraged to use. Comments should be submitted in writing to ensure that oral testimony
is accurately recorded. Tips from other sponsors are that staff should prepare a"play sheet"
that tells people how the meeting is organized and what happens at the listening post. This
boils down to get there early and fill out a comment request card.
~
However the City goes about turning out people for the listening post, the unportant point is
to demonstrate broad based community support. The audience is JPACT and Metro
Council and, as noted, the more people in the record the better. According to Metro staff,
all of this support counts at this level of the MTIP decision making process.
The final public comment opportunity is a February Metro Council hearing on the Final List.
Summary of Public Involvement Strateg~
Council:
• personal letters and fact sheets to Roy Rogers, Rob Drake and Carl Hosticka, week of
10/23
• letter to JPACT supporting two downtown projects, week of 10/30
• Listening Post testimony, 11 /13
• Metro Council testimony, 2/07
Public
• General public letters, phone hotline, and MTIP webpage comments in support of
downtown and trail projects, 11/13 -12/01
• Letters from group chairs, personal letters from group members, 10/23 -12/1
• Listening Post testimony, 11/13
• Metro Council testimony, 2/07
Staff
• Prepare fact sheets and sample letters
• Press release and webpage story with links to applications and MTIP comment page
• Cityscape story
• Community Connector email
• Solicit support from CCAC, CCAC Interested Parties, Streetscape Design
Committee, Transportation Priorities Corrunittee, Park and Recreation Board
• Solicit support from Downtown Merchants Association, Chamber of Commerce,
other communiry groups
gard Main Stree Retrofit
• The Main Street Retrofit project
provides engineering and construction
of the southern half of Main Street in
accordance with Tigard's new
Downtown Streetscape Plan. The
project redefines Main Street as a
pedestrian-oriented, street; key
featuxes include wide sidewalks, new
street lighting, landscaping, new
parking layout, and natural txeatment
of stormwater as part of Metro's
Green Street Standards
• The Main Street Retrofit Project
creates a more distinctive Town
Center for Tigard, a high priority for
Metro Regional Government, and ~ ,E)
Tigard's goal of creating an identity
1
.
for the Downtown.
~
• Main Street "green" features include -
redirection of stormwater runoff from
a piped system to use of infiltration ~
and detenrion devices adjacent to the curb. The "green" street design is
part of Tigard's overall sustainabiliry/nature theme throughout the Downtown.
• Streetscape design, which includes Main Street, is one of the key "catalyst projects"
identified in the Tigard Downtown Improvement Plan intended to stimulate new
development in the downtown.
• The Main Street Retroftt is a listed project within the approved Urban Renewal
Plan for powntown approved by City Council and Tigard voters in May 2006.
• The Main Street Retrof t`t has broad public support, and was part of an extensive
citizen and stakeholder involvement process that resulted in the formation of the
Tigard Downtown Urban Renewal District.
~ • Downtown revitalization is the Tigard City Council's top policy priority for 2006.
• The funding request is for $2,540,000 in MTIP grant dollars. The proposed Ciry
conttibution is $500,000.
gard Transit Cente ' edesig
• The Tigard Transit Center is the hub of .
five TriMet bus lines serving the Tigard ^ -r
community and soon will be the hub of ' -
Commuter rail serving Tigard.
. The Tigard Transit Center Redesign _
will provide a master plan for the
existing Transit center and surrounding -
area to identify options for a public
plaza, improved pedestrian circulation,
and new development.
. The Tigard Transit Center Redesign
is intended to stimulate new investment
in Downtown by building off the new ~
/
Commuter Rail Station and showing
what could be possible on the transit
center site.
• Traditionally, passenger rail has had the
effect of spurring growth and
development, especially in the area ~ around its stations. An upgraded
Tigard Transit Center serving bus and ~
commuter rail passengers will serve to activate development within the Tigard
Downtown and create a climate for investment.
• The transit center site is located within the route of a green corridor identified in the
Downtown Plan as extending from Hall Boulevard to Fanno Creek Park. 'I'his green
concept will be incorporated into the Transit Center master planning.
• Transit gets people out of their cars. As job growth continues to occur in Tigard and
Washington County, as more and more people move to Tigard and the Westside
continues to grow, and as gas prices continue to be high and unstable, the greater is
the need for more and better transit service in our community. The Transzt Center
Redesign Project supports this need.
• The City of Tigard was awarded the 2005 Good Governance Award from the
League of Cities for its citizen-centered, planning effort. The result was the Tigard
Downtown Improvement Plan, which was inspired by the coming of commuter rail
~ to Downtown Tigard.
~
• Downtown revitalization is Tigard City Council's top policy priority for 2006.
• The MTIP grant request is for $160,000; this represents the smallest grant request
for the program. The Ciry's proposed grant match is $40,000.
o2 ~ v6 Leun~~r
COUNCIL REPORT CARD
~"L
*Ratings 1-5 (1=Poor/5=Excellent) 1 1.5 2 2.5 3 3.5 4 4.5 5 ovExa SCORE
PUBLIC IMAGE 1 2 8 1 15 2 3.6
TEAMWORK 3 1 10 1 11 2 3.4
POLICY MAKING 1 3 10 1 10 4 3.5
RELATIONS WITH STAFF 3 1 4 11 9 3.9
INFORMATION FLOW TO BOARDS & COMMITTEES 2 2 2 7 1 5 1 5 3.4
INFORMATION FLOW (EXTERNAL) 3 6 7 9 2 3
ADVISORY COMMITTEES 2 5 1 9 8 3 3.2
ATMOSPHERE 2 1 1 7 1 13 2 3.4
CITIZEN INVOLVEMENT 1 4 9 10 5 3:5
COUNCIL INVOLVEMENT 4 8 10 4 3.5
CONFIDENCE IN STAFF 3 8 11 4 3.6
CONDUCT OF COUNCIL MEETINGS 1 2 1 11 11 2 3.4
INTERGOVERNMENTAL RELATIONS (COUNCIL) 1 2 9 2 9 4 3.5
* Numbers below the ratings for each category reptesents the number of All cate-
respondents who gave that rating; e.g., for "Public Image" one respondent gories
gave a 1.5 rating, two respondents gave a 2 rating, eight respondents gave a 3 rating average = 3.$
and so on.
0' ` COUNCIL REPORT CARD COMMENTS
1. ACCOMPLISHMENTS:
Communicated o enl about tax rates, lives within its financial means, lan to im rove downtown
Parks, additional Police Officers
Facilitating the library expansion to a new site with size for oux community. Beginnuig the downtown revitalization pxoject.
Made a strong commitment to the DT plan, major committnent to effect the comp staff upgrade & giving definitive role to PC to direct process
I think the Council has kept its collective cool in a fine manner in its dealings with the Bull Mtn issue
Supported & maintain Tigard Public Library
Stopping all the push to annex Bull Mtn
Land (green space) acquisition, development of downtown area and pending road unprovement
Renovating Fanno Creek trail off Ironwood Loop. Main Street xenewal program. Offering dog parks. New library.
This City Council is making an effort to balance development with livabiliry. It seems like the developers have the upper hand though and no property is too
small to subdivide.
Cook Park trail and new bridge, Library
Move on important matters related to livability
Establishment of downtown urban renewal district, establishment of street utiliry fee, effort to annex Bull Mtn
Passed our heritage tree program
Concise goals and action plans, taken the high road xegarding the Bull Mm critics
The work on the downtown plan. The continuing commitment to citizen involvement (good governance awards)
Urban renewal passage, dog park development
LibYary, downtown renewal plan
Downtown plan to be a gxeat town center, new library
Support of the downtown & urban renewal. Support of staff & acknowledgement of staff professionalism. Courteous to all who appear before the Council.
Mai.ntain pressure on downtown plan. Even though I have not participated much I suspect I will disagree with parts of approved developments, it has been
the Council that has driven this process. Provide a forum for a xaw citizen input on fifth Tuesdays. Even though there has been sparse input (I think
because of lack of a decent citizen involvement program) City Council has stuck with the concept. Don't give up now. Hire a communiry development
director with the skills to drive a comp plan revision to conclusion. I liked Jim Hendryx, but he and his staff just didn't move in an organized way to get the
comp plan revised. I think the citizen participation effort on what is emerging is not what it should be and I am sure I will disagxee with elements of a
revised comp plan and I disagree sometimes with Tom Coffee on both style and substance, he is a community development dixector with vision and enetgy.
Pushing forwaxd on the downtown redevelopment
Downtown plan, catalyst projects in CIP
Move on important matters related to livabiliry
Creation of Tigard's first urban xenewal district. Progress on downtown improvement
2. PUIRLIC IMAGE:
Tigard residents vs. Bull Mm residents
Other than Bull Mtn people and those that don't believe in government issue
I don't think they're in the new a lot
I think that the public generally doesn't give a_ about Tigard Ciry Council because City Council works on things which don't visibly affect people every
day.
Bull Mtn issues have given council a bad image.
I think by and large citizen's hold-their Council in high regard
3. TEAMWORK:
Most of the Council works together very well, one counselor does not seem to work well with the others. That person does not seem to want to be a
consensus builder.
I think the City Council is pretty much a place of 'Go along to get along'; with litde tolerance for difference of views or effort to dig out and expxess differing
policy choices which would best benefit Tigard. I think that often decisions are made only in a general way and on flimsy basis - xarely does staff present
different ossibilities - staff dominates olic detexmination.
This is a 4-1 Council. Four members work well to ether, one does not. This resents challen es but on the whole, council does well.
It seems awkward when staff and council don't agree ox council members don't agree - staff shouldn't expect council to always agree with them (confirmed)
and it should be ok for councilors to "a xee or disa ree" and move on,
Councilor Hardin is embarrassin
4. POLICY M.AKING:
As above, I think city council is largely reactive to staff material with litde discussion of the larger policy questions. For an unproved performance, look at
TV when the Lake Oswe o Ci Council is on air.
The Council tends to et bo ed down but can ull itself u when necessa . This is axticulaxl challen i for Councilor Hazdin .
This has im roved. Staff has a role here - to not brin the litde stuff to council.
5. RELATIONS WITH STAFF:
I think it is excellent, much su erior to other 'urisdictions I have worked with.
Because staff presents single alternatives (i.e. the final answer) very litde debate with staff occurs visible to the public. I think the feeling is one of
'compliance' on the part of staff, wanting to get thru another month and another paycheck, rathex than having council really draw out the expertise of staff
and have si 'ficant discussion of alternatives.
The Council made some very damaging comments early on -"staff is over paid and under worked" and, "staff doesn't know what the real woxld is like." The
relationshi is comin back from that low oint but thexe is still some wariness.
For the most art, I feel council members are fair and clear about what the ex ect. I feel res ected.
6. INFORMATION FLOW TO BOARDS & COMMITTEES:
Yes, most of the time I can handle it all & have more uestions
I believe staff tries hard to help boards do their job, but are consttained in presenting alternatives. There seems to be one answer and it is trying to get
staff to really look at what is possible with a diffexent perspective. Perhaps the 'too much' to 'too litde' information problem arises because there is no early
d.iscussion with the board as to what is the issue and what is needed to make a decision. Not too much information for me.
7. INF-ORMATION FLOW EXTERNAL :
This is im rovin as time oes on. It is critical that Council reco 'ze the commitment of the volunteers
I think that generally city council does share relevant info with boards but there are lots of issues and views that are not made available to boards. Staff is the
primary means of communication to boards and they reflect the single line of action they feel city council will approve. City council should tell staff that
the want alternative ideas to surface.
Council seems to do litde communicating with Boards and Conunissions. Staff tries to keep Boards and Commissions informed but the Ciry needs to do
better.
The current s stem relies on staff visions.
8. ADVISORY COMMITTEES:
Most are very effective. The issue with the CCAC xeally highlights how critical it is to give a cleax job description & rules or operation. All committees need
b laws
I feel that cuxrent advisory committees are largely staff driven both in agenda and in proposed action. They often operate without clear council direction on
what issues to address. The rovide a face for citizen involvement but without much validation in the communi .
Planned develo ment committee was structured to fail and the new code is weak. Committee was com osed of too man factions to be effective.
We saw the CCAC blow-u . This is a roblem. Ho efull we are ettin better at this.
For the most art they are formal and hard workin . Staff visions can la a role in kee in them on track.
9. ATMOSPHERE:
Most of the time it is great
They can move a little slow
At board meetings, I think the atmosphere is one of citizen contribution but with a feeling that input different from staff pxoposals are not going to go very
far. In order to get staff to move its position or explore alternatives it takes a'gang up' effoxt by board members.
Too stiff and formal.
The one that I am most familiar with is very frustrating. Staff tries to inform, engage, and generate interest, yet seems unsuccessful. When we ask the Board
how we can do better, however, they always respond that everything is gYeat. Staff and citizens appaxendy see tlvngs quite differently, yet it is the staff that
feels that things could be better.
The meetings I attend are interesting and pxoductive. .
10. CITIZEN INVOLVEMENT:
Opportuniry is there but most citizens don't care
The Ciryscape & website do a great job.
Information is available if they look for it.
Ciryscape is okay but I don't think many citizens really get involved
Staff makes a real effort to convey city council actions to the public via Cityscape of course it is colored to hide alternative views and alternative policies but
it is good to the extent that it gets to peoples homes. On the other hand citizen involvement CCI and its evolution to neighborhood associations) lags badly.
City Council and the City provide a lot of information in a wide variery of ways. Citizens don't listen unril something impacts them direcdy in a negative
way, and then they complain that the City doesn't communicate. Communication and involvement is a two-way street.
I think the City does a good job with Ciryscape, the web and other communication tools.
11. COUNCIL INVOLVEMENT:
Other than Councilor Sherwood I don't know
Being a council member is obviously a time consumuig job and one person cannot be everywhere. My feeling is that some purposeful thinking council
members could reach farther to homeowner or CPO or other planned organizations as individuals from time to time.
This varies by Councilor, but on the whole, council does not seem very involved. Councilor Sherwood appears to be the most involved.
The Mayor is very involved as is Councilor Sherwood. I'm not sure about the other members involvement of council meetings.
Mayor and Councilor Sherwood most high profile.
12. CONFIDENCE IN STAFF:
I think staff could be more proactive in identifying options and presenting a bigger pictuxe on issues.
13. CONDUCT OF COUNCIL MEETINGS:
They run long I would suggest limiting time of guest speaking
I think they council meetings are so canned that they bore people to death. The use of electronic information services to place council members in a special
position from the public. There is too much time spent on ceremony rather than policy discussion, At the first hint of a view different than staff, council
generally circles the wagon around staff and votes almost unanimously often without reasoning.
Need bettex way to allow public input
There are few changes to the Agenda once published. Council meetings seem to drag on, however. Council seems to spend a lot of time on smaller issues
and the xuns out of time on bigger policy issues, or misses them entixely. (See # 4). Council also has to spend a lot of time with the vocal minority of
citizens ( i.e. John Frewing) to the detrunent of broader issues. That is unfortunate, but probably unavoidable.
By the time the meeting is underway things generally run smoothly. Getting agendas, items scheduled at the staff level is sometimes challenging.
Great, well mannered usually. Some items are contentious on TV.
14. INTERGOVERNMENTAL RELATIONS COUNCIL :
This is the weakest area of Council. It has been diligent about actively participating & advocating for our citizens. Many elected officials have told me that
they did not feel that Tigard participated as much as the other cities.
My experience is that Tigard council is regarded by others in the region as 'rednecks' and generally not involved. Some resolutions by Tigard City Council
certainly appear this way i.e. complaints to Metro for their State-Mandated densiry requirements. As a result, Tigard views are not important regionally.
Council has made great improvements in this area. Council still has a way to go but this Council is much better than any in recent memory.
Tigard is an active player - I'm not sure about the impact ox issues on boards or committees but I think council has a pretty good handle on how regarded
issues impact the city overall.
ACTION STEP I:
Cut out the apparent need by some to talk simply to hear their own voice.
Moxe neighborhood-centered community meetings. These could be quite informal & informational in content. •
Make it a Council priority to get the City more actively involved in Wash. Co. & Metro agencies to get more $ for transportation projects, long term
planning, etc
Involve lots of people in decision making and listen to them
Increase library hou.ts
Be more involved with and likewise involve citizen members and boards more interaction & input to Council
Work harder to promote PAC's to support initiatives (i.e. Bull Mtn annexation)
Host some joint city council/business open houses to develop new business gov't/citizen interaction and exploxe community needs & opportunities
Each council member should write a short statement for Ciryscape (not vetted by City staff or'concurred in' by other council members or written by staff
and not all appearing on one issue!) Giving their view on some important policy issue facing Tigard eg how to get transit service to high densiry
developments on Tigard's periphery or how to deal with congestion on Hwy 99 or how to make Tigard more pedestrian friendly or how to relate to axeas
which someday may become annexed to Tigard (Metzger) or how to use the qualitative words of the development code to achieve Tigard's 'vision' or how to
eliminate duplication of work/staff between Tigasd and Wash Co law enforcement departments.
I think Ci Council is doing a good job. Mayor Dirksen is showing good leadership.
Gain public support for annexation policies before acting
"Survey" is poorly written in my opinion, but I attempted to answer anyway.
Have the council be more open to the wishes of the community where feasible
Frankly I am exttemely impressed with the results of policy development over the last 8 yeaxs I have been a xesident of Tigard. The length of time it has
taken to get a possible result (LJrban renewal, street livability, library) has been worth it. Efficient, maybe not, effective, yes!
Listen to its citizens & act with concern on the needs & cares of Tigard homeowners
I would strongly encourage the Council to make sure committees are making progress. I am too busy to be serving and once we start making progress &
turn items over to the City, things get bogged down for a very long period of time. It's extremely frustrating & discouraging.
Develop the discipline to remain focused on policy and avoid the position of operational decisions.
Ensure an atmosphere where staff articulates all options i.e. council on policy issues, council has adequate opportunity to discuss and assign each option then
set a clear direction to staff whether unanunous oz "agreeing or disagreeing" and support the majority consensus.
Look forward, not back.
Moxe staff in library and police please!
Council as a whole woxks very effectively, balancing the need to make decisions along with factoring in public opinion, pressures from regional partners and
the bottom line for Tigaxd. Thank you for your hard work and take time out to remember all the good you are doing for our community. Let people know
about accomplishments - continue to get the word out.
Councilor Haxding often woxks at odds with the rest of the council. My observation is that she rarely listens to staff or the other councilors. She has
obviously made up her mind before hand on most issues and seems to not care about what others think or that she even has sufficient perspective on issues.
It also seems that she likes playing to the audience instead of taking a stand that might be controversial. .
e ,
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PROCLAMATION Nattonal :Magic Week
1NHEREAS, October 25-31, 2006 is the annual celebraHon of Nadonal Magtc Week to cofncide
w(th the date bf Harty HoudfnYs death on October 31, 1926; and
WHEREAS, the Society of American Magidans adopted the idea of Nadonal hlagic Week as a .
.
way of promoUn¢ the art of magic by piovtding free entertainment w the Tigard community
through PoUce DARE camp, laal schoott and Obrades, as well az perfortning for senior citizens In
nursing homes and residenu of the Veteran's Administradon Hospital; and .
WHEREAS; the free shows are part of the service programs provided W die Tigard communhy by •
the Soctety of Amedcan Magtcians for those who would have diHialry gettlng to a theatre to see
a Ilve performance; and
WHEREAS, ttie Magicians that pardcipate tn dieim shows do w as a way of sharing with others an
art form they love and Magfc Week is when the magtcfans can take.thelr bows.
NOW THEREFORE BE IT RESOLVED THAT I, Mayor Cratg E. Dirksen of rhe Qty of Tigard, .
Oregon do hereby prociatm the week of October 25-31 as : Nadonal Magic Week
Dated this day oF 2006.
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IN WITNESS WHEREOf, t have hereunto set my hand and caused the Seai of the City of Tigard
to be affixed.
Cratg E. Dfrksen, Mayor
Ciry of 7iBard
Attestz
Qty Recorder
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' ' . ' . . . . . .
. .
• . . . . . '
.r...,: . - . . .
:
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k
. :P~R` 'C~~~:A~~►T~I~ON
Make~A ~:Diff`erence ~Day . .
'WHEREAS, serlous saiai:prDtilems concein'our nadon and:threaten its fuwre; and
WHEREAS, con8etting wfih otheis anA~woildng together Birough votimteer service can tiridge
d►e differiences°tharseparate?people arid`fiefp:3olve serfous soetal problemr, ahd
WHtICEA3; we,'tfie Amedcanrpeople, fiave a tradftlon oF philanthropy and volunteerism; and
WHEREi4S, iiiiilioiis 6f.telf~sacrlflctng~IndiGiEuals-touch and enhance the Iives of mtllions on the
anhUbl day'of'doing~good by $Iving where there was a need; rebuflding what had been tom down,
teaching wliere ttiere was`a'Jesire to leam^aed Inspiring those xfio had lost hope; and
WHEREAS,'USA W6EKEND Magaifne and•tu aflillate newspaper and The Potnts oFLight
Fountlatton and?Itsaffiliafe`Yohinteer;ceoteis IWVe Joined to promote the sixteemh annual nadonal
•day of doirig•goodihateeletirates an8'stre't~gtffens the'spidt of volunteerservice; arid WHERFJIS,'voluriteer servke b an iriVesarient in the fvwre ive ail must share;
.
. : . . .
l!IOW THEREF~RE.BE'li`'RESOLVED THAT 1, Craig E.. Utrksen, Mayor of Tigard, on behalf 'of'the enllrt
'Ctry Couneil, ao`heretiy'proclalm:
Octotier 28, 2006 as
1ftke A Dffference Day,
.
In,Ttgard, Oiegon;•and. uige my .fellow citlzens to otiserve th[s day byconnecting with frtendc,
. . `
felldw'employees'9na relatlv2s and :with reltglous, school and cMc groups to engage in projeca `
tieit0`fltln'g' tlielrcominunity.
Dated thtc Aay:of . . 2006.
IN'1NITNESS WHEREOF,1 haiie hereunfo sermy hand and caused ihe Seal of the City of 77gard
Wbe'afl6ced.
Craig E. Dirksen, Mayor
Giry of Ttgard
Ar'tf~►tc
:Qty.Recoitler
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AGENDA ITEM NO. 2- CITIZEN COMMUNICATION DATE: October 24, 2006
(Limited to 2 minutes or less, please)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Trgard pvblic meeting, subject to the State of Oregon's pvblic meeting and tecords laws. All
written and oral testimony become part of the public record. The names and addtesses ofpetsons who attend
otparticipate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name: ~ jP7 2k--
Also, please spell youY name as it sounds, if it will
-
help the presiding officer pronounce:
Address 1 q9 rd Sw
City riGp-R 0
State (~oLjL Zip
Phone Na J0~ -634-7`Z~J
Name•
Also, please spell youx name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
Name•
Also, please spell your name as it sounds, if it will
help the presiding officer pxonounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
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October 24, 2006
My name is Dick Franzke. I live at 14980 SW 133rd Avenue in
unincorporated Bull Mountain.
Two weeks ago in the course of the Council's consideration of the
Cache Creek annexation issue, I was castigated by Councilor
Wilson in a 13 minute tirade, apparently brought about because I had
the audacity to suggest the council should not annex the subject
property pending the vote on incorporation and /or the circuit court
decision on the issue. His harangue was un-necessarily personal,
apparently a recognition by him that the substance of his argument
alone would not get much attention. It's not my style to personalize
public issues, so I will not do so.
Councilor Wilson said I told "lies" and "half truths", so let's
see who is lying: Councilor Wilson said all of the annexations
by Tigard over the past several years were "voluntary" and
"consensual". Some time ago, City Manager Prosser made
the same statement publicly, as has the Mayor. More recently,
Mr. Coffee apparently made a similar statement to the Oregonian.
Those statements are absolutely false, and it is inconceivable that each
of you were not aware they were false when you made such statements.
What is the evidence to support my charge? I hold in my hand a
memo to the council dated September 2004 from Jim Hendryx, former
Community Development Director. It quotes the existing
Comprehensive Plan Policies, specifically Policy 10.2.1, which
states "that the City shall not approve the extension of City or Clean
Water Services sewer lines unless the property owner annexes
or signs a consent to annex....." He identifies numerous subdivisions
and projects, including Alberta Rider School, Arbor Summit, Summit
Ridge, etc, as examples of the "current practice to require
developments adjacent to the City to annex prior to development". In
the face of a threat to not allow hooking up to Clean Water Services
sewers, an annexation cannot be regarded as "voluntary" or
"consensual".
I'm also reminded that in your meeting two weeks ago the Mayor
preached about "doing the right thing". The right thing here is for all
four of you to admit the City's policy has been to force annexations,
whether the owner likes it or not, and then make public apologies for
your deceit.
Agenda Item # L/ ,
Meeting Date October 24, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide City Center Advisory Commission (CCAC) Bv Laws
Prepared By: Phil Nachbar Dept Head Okay Ciry Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Adopdon of City Center Advisory Commission (CCAC) by laws.
STAFF RECOMMENDATION
Approve the attached resolurion adopting the CCAC By Laws.
KEY FACTS AND INFORMATION SUMMARY
Council reviewed a first draft of the by laws at an August 15 workshop. Council was presented a draft set of by laws
produced by Staff and a staff report, and a corresponding set of by laws reviewed and amended by the CCAC. At the
workshop, Council had a discussion with members of the CCAC about key secrions of the by laws, and the concerns of
the group. Due to the complexiry of the subject, it was decided that Council would continue its review of the by laws
at the September 19`'' workshop. At the September 19'' workshop, Council discussed all sections of the by laws with
Staff and members of CCAC, and provided direction for a final version to be adopted by consent agenda at a later
time.
Staff has incorporated the modifications from the September 19`' review, and the comments of the City Attorney.
Legal review provided minor changes to wording for clarificarion, and the provision of greater capaciry pertainmg to the
potential removal of inembers, if necessary, under Section 10. The City Attorney provides Council, at their request,
with more control over the removal of inembers with addidon of the following as Section 10 (b): "The Council may
also remove members at its sole discretion."
The Ciry Center Advisory Commission (CCAC) has been operating without by laws since it was created in July, 2005.
With passage of the Urban Renewal Ballot Measure in May of 2006, the role of the CCAC becomes more permanent
and changes to the implementation of Urban Renewal projects as opposed to development of the Urban Renewal Plan.
The new set of by laws establishes a set of by laws that reflect this change in role and help to clarify the role,
responsibilities, composition / membership, terms, and operating procedures of the Commission. Having a clear set of
by laws will provide direction and structure for the group on an on-going basis and when faced with the need for
change.
OTHER ALTERNATIVES CONSIDERED
None.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow, Volunteerism -
1) Ciry will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community.
2) Reevaluate and broaden volunteer selection process for Ciry committees and task forces.
AT'1'ACHMENT LIST
Attachment 1: Resolution Adopting CCAC By Laws
Exhibit A: CCAC By Laws
FiscAL NoTEs
No direct cost impact.
Agenda Item # Ll ~
Meeting Date October 24, 2006
COUNCIL AGENDA ITEM SUNIMARY
City Of Tigard, Oregon
Issue/Agenda Title A Resolution Establishing a Citizen Advisory Committee to Guide the Preparation of the
Highwqy 99W Corridor Improvement and Management Plan and Appointing Members to the Committee
b6"~"
Prepared By: A.P. Duenas Dept Head Okay ~ City Mgr Okay
ISSUE BEFORE THE COUNCIL
Shall Council approve a resolution establishing a Citizen Advisory Committee to guide the preparation of the
Highway 99W Corridor Improvement and Management Plan and appointing members to the Committee?
STAFF RECOMMENDATION
That Council approve the proposed resolution.
KEY FACTS AND INFORMATION SUMMARY
The City of Tigard applied for and received a Transportation Growth and Growth Management (TGM) grant for
the prepazation of the Highway 99W Corridor Improvement and Management Plan. This project will develop a
plan to identify projects and potential land use changes both intended to alleviate traffic congestion and improve
traffic circulation within the Highway 99Wcorridor through the City from Durham Road to the I-5 Interchange.
The project is administered by the Oregon Department of Transportation (ODOT) and the consultant team of
OTAK, InclDKS Associates was selected to prepaze the plan. The preparation of the plan began in mid-August
2006 and is expected to be completed within Fiscal Year 2006-07, which ends June 30, 2007.
The City is an active participant in the preparation of the plan and is responsible for establishing a Citizen Advisory
Committee to guide its development. The composition of the Cititizen Advisory Committee is intended to represent
a wide range of interests and members were selected through an established selection process led by the Mayor.
The corrunittee members are expected to participate in five committee meetings and three open house meetings
during the next eight months. The committee will complete its work with a submittal of the completed plan to City
Council with a recommendation for approval at a formal Council business meeting.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Reduction of trafFic congestion and traffic circulation improvements meet the Tigard Beyond Tomorrow
Transportation and Traffic goals of "Improve Traffic Flow" and "Improve Traffic Safety." Any land use changes
that improve circulation and reduce traffic congestion likewise support those goals. In addition, improvements to
the Highway 99W corridor supports the 2006 Council goal to "Improve 99W Corridor."
ATTACHMENT LIST
Resolution establishing the Citizen Advisory Committee and appointing members to the committee.
Fisc.ai, NoTEs
The total project amount is $200,000. The amount of $176,000 is funded from the TGM grant and $24,000 is
provided by the City through the Gas Tax Fund as local matching funds.
I:Enpr-sXCOUnGI Apentla SummaAes\10.2408 Highway 09W Corridor Plan CAC Appointmerrts AIS.doc
Highway 99W Corridor Improvement and Management Plan
Citizen Advisory Committee
Appointee Biographical Information
Rex Caffall (Planning Commission)
Rex Caffall is employed as the Chief of Operations for Caro LJSA Inc. He attended Central
Catholic High School in Portland. Caffall has resided in Portland for 16 years and currently
serves on the Planning Corrunission which he will represent on the CAC.
Marlece Watson (Q'O 4B)
Marlece Watson has a Bachelor of Science in Marketing from Arizona State University.
She has lived in Tigard for 3 years. Watson is a Master Gardener and serves as a food
coordinator for her church. She will be recommended for appointment as the Q'04B
representative on the CAC.
Daniel Barnes (King Cit))
Daniel Barnes is a retired civil engineer who worked in Oregon, Washington, California and
Texas. He has resided in King Cityfor the past 3 years and currentlyvolunteers as a tutor in
the Portland Community College GED Program. Barnes will be representing King City on
the CAC.
Jesse Black (Tigard Chamber of Commerce)
Jesse Black is the owner of Yellow Crayon LLC which provides computer services for
individuals and small businesses. He earned a Masters in Computer Science from Southern
Methodist University. Black is a recent Tigard area resident and will represent the Tigard
Chamber of Commerce on the CAC.
Roger Potthoff (Business along the -i'ighway99W comdor)
Roger Potthoff is employed as a financial advisor at APR Strategies. He earned a Bacholer of
Arts from the University of Minnesota and attended Fordham Law School. Potthoff has
lived in Tigard for the past 7 years and currently serves on the City Center Advisory
Commission. He will represent businesses along H'ighway 99W on the CAC.
Cherree Weeks (Resident along the I-Eghway 99W Corridor)
Cherree Weeks helps run a computer hardware/software company in Tigard. She earned a
degree in the Administration of Justice. Weeks has resided in Tigard for the past 8 years and
has volunteered at several locations. She will represent residents along the FEghway 99W
corridor
Tim McGilvrey "(Biking Advocate)
Tim McGilvrey is currently employed as a bicycle mechanic at REI in Tualatin. He earned a
Bacholer of Arts from the University of Kansas. McGilvrey has lived in Tigard for the past
19 years and will serve as the biking advocate on the CAC.
Steve Boughton (Public Transportation Advocate)
Steve Boughton retired from his Manufacturing Engineer Manager position at Tektronix. He
earned a Bachelor of Science in Zoology from Oregon State University. He has lived in
Tigard for 21 years and will serve as the public transportation advocate on the CAC.
Sue Carver (Resident- at- large)
Sue Carver has been self- employed as a legal assistant for the past 16 years. She started
volunteering in Tigard in 1982 and currentlyserves on the Committee for Citizen
Involvement. Carver has lived in Tigard for 35 years and will serve on the CAC as a resident
at large.
William Moss (Resident- at- large)
William Moss is a retired contractor who specialized in remodeling for 27 years. He earned a
Bachelors in Fine Arts, specializing in Photography. Moss has lived in Tigard for 8 years and
has served as a Habitat for Humanityvolunteer in SE Portland. Moss will serve as a resident
at large on the CAC.
Paul Owen (Transportation Financing Strategies Task Force)
Paul Owen is the former Public Works Director for Ventura CA. He has lived in Tigard for
the past eight years. Owen has served on the Vision Task Force. He will be representing the
Transportation Strategies Task Force on the CAC.
Agenda Item # A v
Meeting Date October 24, 2006
LOCAL CONTRACT REViEW BOAKD AGENDA ITEM SUMMARY
City Of Tigard, Oregon ,
Issue/Agenda Title Award of Architectural Services Contract for the Water Building Remodel
Prepared By: Brian Rager Dept Head Approval: i City Mgr Approval:
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Should the LCRB authorize the award of an architectural services contract for the water building remodel
project?
STAFF RECOMMENDATION
Staff recommends the LCRB approve, by motion, the award of a contract for architectural services to remodel
the water building to LRS Architects Inc., and authorize the City Manager to execute the contract.
KEY FACTS AND INFORMAT'ION SUMMARY
■ At the July 18, 2006, the City Council heard a presentation on the water building remodel and
relocation of Public Works staff to that building. The remodel project would:
- Make way for one of the first urban renewal projects by providing a work space for staff
currently housed in the Annex, a building slated for demolition as part of the Ash
Drive/Burnham Street urban renewal project.
. - Consolidate administrative staff in a single, modern building.
- Provide park and street staff, operating out of the public works yard, with ADA compliant
restroom and lunchroom facilities.
- Get the City one step closer to vacating the public works office/operations complex for urban
renewal projects.
- Provide funding to accomplish water building upgrades, allowing the City to make good use of a
partially vacant, relatively modern facility.
■ On August 8, 2006, the Council approved Budget Amendment #3 to the FY '06/'07 budget which
funded the water building remodel project.
■ A request for proposals was advertised on September 14, 2006, with proposals due on October 3, 2006.
• On September 21, 2006, a mandatory pre-bid walkthrough was conducted. Twelve architectural firms
attended the meeting. LRS Architects was the only firm to submit a formal proposal. Staff believes
other firms were ultimately not interested in the remodel, given the small scope of the project.
■ Staff evaluated the LRS Architects' proposal and determined this firm has the qualifications, capabilities,
staffing and experience necessary to perform the work. Under the contract, some of the tasks LRS
Architects would perform include:
- Preparation of a final design of the water building based on the conceptual plans and cost
estimate
- Development of construction bid documents and assistance with the bid process
- Management of the construction contract and process
OTHER ALTERNATIVES CONSIDERED
The LCRB could choose not to award the contract to LRS Architects and could direct staff on how to
proceed with the remodel/relocation project. Such a decision could delay the Ash Drive/Burnham Street
urban renewal project, since staff occupying the Annex must be relocated prior to the construction the new
intersection.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow: Community Character & Quality of Life:
Central Business District (CBD) Goal #1- "Provide opportunities to work proactively with Tigard
Central Business District Association (TCBDA) businesses and property owners and citizens of Tigard
to set the course for the future of the central business district."
ATTACHMENT LIST
None.
FISCAL NOTES
A FY '06/ '07 budget amendment was approved by the Council to provide $630,000 for the remodel project.
This amount will cover the entire cost of the project including: architectural services, a new HVAC system,
computer and phone connections, electrical wiring, moving expenses and interior repairs and updates. Of
the $630,000, architectural services through LRS Architects will cost approximately $54,000.
Funding for the project will be divided as follows:
Water Fund $400,000 63%
Sanitary Sewer Fund $130,000 21%
Storm Water Fund $100,000 16%
TOTAL $630,000 100%
. . . . .
. : .
\ - Agenda Item # - - - ` Y~ -
Meeting Date 10/24/06
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide A ointment of I{areri Levear to lAbrarv Board
Prepaxed By: Maxgaret Bames Dept Head ?,ppioval: City Mgx Approval:
ISSUE BEFORE THE COUNCIL
Appoint a Library Board Mexnber to Yeplace a member who xecently resigned.
STAFF RECOMMENDATION
Adopt the attached resolution to appoint Karen Leveai as a full member of the LibraLy Board.
KEY FACTS AND INFORMATION SUMMARY
KaLen Levear was appointed as an altemate to the Libxary Board in June to a two-yeat term, expiring June 30, 2008. At
the BoaLd's Octobei meeting membex Suzan Tutley announced hex resignation. This xesolution appoints Karen Leveaz
to Suzan Turley's position, which expires June 30, 2007. -
OTHER ALTERNATIVES CONSIDERED
None.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Goal: Ciry will maxunize the effectiveness of the volunteer spixit to accomplish the greatest good fot oux community.
ATTACHMENT LIST '
Resolution .
Biographical information on the appointee
FISCAL NOTES
None
I:laAmlca1hyVorm312D06kwund1 apenda Ilem summeryahee108 • june revi5on.tloc
Biographical information on Library board appointee:
Karen Levear was appointed as alternate to the Libxary Board by the Council in June 2006.
She has lived in Tigard for 15 yeaxs. Ms. Levear has a B.S. in Business from Oregon State
University and an MBA from Pordand State University. She was the chief fmancial officer
for a financa.al institution, and is cuxrently on sabbatical. Ms. Leveax has been a Tigard
LibYary volunteer, team manager/coach for Destination Tmagination; member of the One
More Tune Around Again Marching Band and school volunteer. On hex initial application
for the Boaid, she wYOte, "T love libraries."
AGENDA ITEM No. 5 Date: October 24, 2006
PUBLIC HEARING TESTIMOr1'Y
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
LEGISLATIVE PUBLIC HEARING TO CONSIDER REVISIONS TO THE COMMUNITY DEVELOPMENT CODE
RELATING TO PLANNED DEVELOPMENTS (DCA 2006-0003)
REQUEST: The applicant is requesting approval of a Development Code Amendment to change the procedures and approval
criteria for Planned Developments (Chapter 18.350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350 include a
new purpose statement, and a new approval process and approval criteria. Related defin.itions of "densiry bonus", "landscaping", and open
space facility" would be added to the Definidons Chapter (18.120). The complete text of the proposed Code Amendment can be viewed at
http://www.rigard-or.gov/code_amendments, or at the City of Tigard Permit Center. LOCATION: Citywide. ZONE: Citywide. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.120,18.350 and 18.390;
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written
and oral testimony become part of the public record. The names and addresses of persons who attend or participate in
City of Tigard public meetings will be included in the meeting minutes, which is a public record.
Due to Time Constraints City Council May Impose A Time Limit on Testimony
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:
AGENDA ITEM NO. 5
This is a City of Tigard public meeting, subject to tbe State of Oregon's public meeting and records laws. All wtitten and oral testirnony
become part of the public tecotd. The names and addtesses ofpersons wbo attend orparticipate irs City of Tigard public meetirigs will be
included in the meeting minutes, wbich is a public record.
Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral
NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE
Please Print Please Print Please Print
Name: Name: Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your natne as it sounds, if
will help the pYesiding officer pronounce: will help the presiding officex pronounce: it will help the presiding officer pronounce:
Address Address ` Address
City Ciry City
State Zip State Zip State Zip
Phone No. Phone No. Phone No.
Name: Name: Name:
Also, please spell your natne as it sounds, if it Also, please spell youx name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pxonounce: it will help the presiding officer pronounce:
Address Address Address
City Ciry Ciry
State Zip State Zip State Zip
Phone No. Phone No. Phone No.
Agenda Item #
Meeting Date October 24, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oxegon
Issue/Agenda Tide Legislative Public Hearing to Consider Revisions to the Community Development Code
Relating to Planned Developments (LDCA 2006-00003)
Pxepared By: Sean Farrelly Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Should the Council approve the Development Code Amendment to change the purpose statement, application pxocess,
concept and detailed development plan xequirements for Planned Developments and add related definitions?
STAFF RECOMMENDATION
Staff recommends approving the requested Development Code Amendment by adopting the attached ordinance
and text amendments (Attachment 1), as xecommended by motion of the City of Tigard Planning Commission.
KEY FACTS AND INFORMATION SUMMARY
The Council-established Planned Developments Code Review Comnuttee worked with staff to develop new code
language including a revised purpose statement, application process, concept and detailed development plan
requirements in the Planned Developments Chapter (18.350), and add related terms to the Definitions Chapter
(18.120). Notice proceduxes in the development code, including publication of notice in the papeY, and written
notice to the appropriate agencies were met. On September 18, 2006, the Tigaxd Planning Commission held a
public heaYing on the proposed changes. They recommended approval of the amendment (with addirional revisions)
by a unanimous vote (Attachment 3).
OTHER ALTERNATIVES CONSIDERED
Not applicable.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomoxrow-Growth and Gxowth Management, Goal No.1 - Growth will be managed to protect the
charactex and livability of established areas, protect the natural envixonment and provide open space throughout the
community.
Two of the stYategies to implement this goal are:
1) Review and modify development code sections to integrate open space preservation and protection into
design standards. Planned Actions include: revising code sections to ensure that residential development
incorporates open space; and developing and implementing design standards that preserve and protect open
space, gYeenways, and natural areas.
2) Develop and unplement design standards that preserve and protect open space, greenways, and natural areas.
Planned Actions include: amencling code to promote design that includes natural features and promotes
connectiviry to open space, greenways, and natural area access; and implementing a public process for
adequate development/design review.
ATTACHMENT LIST
Attachment 1: Ordinance adopting the code amendments
Exhibit A: Proposed Code text changes
Attachment 2: "Clean copy" of Proposed Code text"changes
Attachment 3: September 18, 2006 Approved Planning Commission minutes (relevant secrion)
Attachment 4: Staff Report to the Planning Coinnussion
Attachment 5: Public Comment: October 4, 2006 letter from Home Builder's Association
FISCAL NOTES
Not applicable.
I:\LRPLN\Council AIaterials\2006\10-24-06 PD Code Amendment Hearing AIS.doc
Attachment 2
Clean Copy
Proposed Planned Developments Code Revisions, September 2006
Chapter 18.120
DEFINITIONS
55. "Density bonus" - Additional dwelling units that can be earned as an incentive for providing
undeveloped open space, landscaping, or tree canopy as defined further in this code.
87. "Landscaping" - Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground
cover together with other natural or artificial supplements such as water courses, ponds, fountains,
decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and
screens.
104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned:
a. "Minimal Use Facilities." No other improvements (apart from underground utilities and natural and
ecological enhancements) ) are allowed.
b. "Passive Use Facilities." Areas reserved for medium-impact recreation and education uses related to the
functions and values of a natural area that require limited and low impact site improvement, including soft
surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks
informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities.
Accommodations for ADA access shall be provided where site considerations permit.
c. "Active Use Facilities." Areas reserved for high-impact recreation that require a greater degree of site
development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters,
swimming pools, hard and soft surface pathways, restrooms, and similar facilities.
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose
18.350.020 Process
18.350.030 Administrative Provisions
18.350.040 Concept Plan Submission Requirements
18.350.050 Concept Plan Approval Criteria
18.350.060 Detailed Development Plan Submission Requirements
18.350.070 Detailed Development Plan Approval Criteria
18.350.010 Purpose
A. Purpose. The purposes of the planned development overlay zone are:
l. To provide a means for property development that is consistent with Tigard's Comprehensive Plan
through the application of flexible standards which consider and mitigate for the potential impacts to the
City; and
Page 1 of 15 September 20, 2006
2. To provide such added benefits as increased natural areas or open space in the City, alternative building
designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other
types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of
the Tigard Community Development Code; and
3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of
open space, innovative transportation facilities) which will retain their character and city benefits, while
respecting the characteristics of existing neighborhoods through appropriate buffering and lot size
transitioning; and
4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water
resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of
alternatives, conceptual review, then detailed review) that can relate the type and design of a
development to a particular site; and
5. To consider an amount of development on a site, within the limits of density requirements, which will
balance the interests of the owner, developer, neighbors, and the City; and
6. To provide a means to better relate the built environment to the natural environment through sustainable
and innovative building and public facility construction methods and materials.
18.350.020 Process
A. Applicable in all zones. The planned development designation is an overlay zone applicabie to all zones. An
applicant may elect to develop the project as a planned development, in compliance with the requirements of
this chapter, or in the case of a commercial or industrial project an approval authority may apply the
provisions of this chapter as a condition of approving any application for the development.
B. Elements of approval process. There are three elements to the planned development approval process, as
follows:
1. The approval of the planned development concept plan; and
2. The approval of the detailed development plan;
3. The approval of the planned development overlay zone.
C. Decision-makiny- process.
1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by
Section 18.390.050, using approval criteria contained in Section 18.350.050.
2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as
governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept
plan.
3. The planned development overlay zone will be applied concurrently with the approval of the
detailed plan.
4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject
to meeting all of the approval criteria for each approval. All applicants are advised that the
Page 2 of 15 September 20, 2006
purpose of separating these applications is to provide them clear direction in developing
the detailed plans. Rejection of the concept plan will result in a corresponding rejection of •
the detailed development plan and overlay zone.
5. In the case of an existing planned development overlay zone, once construction of the detailed plan has
been completed, subsequent applications conforming to the detailed plan shall be reviewed under the
provisions required in the chapter which apply to the particular land use application.
6. If the application involves subdivision of land, the applicant may also apply for preliminary plat
approval and the applications shall be heard concurrently with the detailed plan.
D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for
concept plan and detailed development plan, including subdivision applications, the applicant shall clearly
distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each
element of the Planned Development application (i.e. the concept approval must precede the detailed
development approval); however each required action may be made at the same hearing.
18.350.030 Administrative Provisions
A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless
an application for detailed development plan and, if applicable, a preliminary plat approval or request for
extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by
means of a Type 111-PC procedure, as governed by Section 18.390.050, using approval criteria in 18350.070.
B. Zoning map desi nag tion• The planned development overlay zone application shall be concurrently approved
if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended
to indicate the approved planned development designation for the subject development site. The approval of
the planned development overlay zone shall not expire.
C. Extension. The Director shall, upon written request by the applicant and payment of the required fee,
grant an extension of the approval period not to exceed one year provided that:
1. No changes have been made on the original concept development plan as approved by the Planning
Commission;
2. The applicant can show intent of applying for detailed development plan or preliminary plat review
within the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
D. Phased development.
1. The Commission may approve a time schedule for developing a site in phases, but in no case shall the
total time period for all phases be greater than seven years without reapplying for concept development
plan review.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
Page 3 of 15 September 20, 2006
b. The development and occupancy of any phase shall not be dependent on the use of temporary
public facilities. A temporary public facility is any facility not constructed to the applicable City
or district standard.
E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed
development plan or preliminary plat does not substantially conform to the concept plan, a new concept
plan shall be required.
F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this
chapter.
G. Issuance of occupancy permits. The development shall be completed in accordance with the approved
detailed development plan including landscaping and recreation areas before any occupancy permits are
issued. However, when the Director determines that immediate execution of any feature of an approved
detailed development plan is impractical due to climatic conditions, unavailability of materials, or other
temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the
posting of a performance bond or other surety to secure execution of the feature at a time certain not to
exceed one year.
18.350.040 Concept Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type III-PC procedure, as governed by Section 18.390.050 and the additional
information required by 18.350.040.B. In addition, the applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through the
particular approach proposed by the applicant. This statement should include:
a. A description of the character of the proposed development and the rationale behind the
assumptions and choices made by the applicant.
b. An explanation of the architectural style, and what innovative site planning principles are
utilized including any innovations in building techniques that will be employed.
c. An explanation of how the proposai relates to the purposes of the Planned Development
Chapter as expressed in 18.350.010.
d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.
2. A general development schedule indicating the approximate dates when construction of the
planned development and its various phases are expected to be initiated and completed.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or
portions of the planned development. In the case where a residential subdivision is proposed, the
statement shall include the applicant's intentions whether the applicant will build the homes, or
sell the lots to other builders.
B. Additional information. In addition to the general information described in Subsection A above, the
concept plan, data, and narrative shall include the following information, the detailed content of which
can be obtained from the Director:
Page 4 of 15 September 20, 2006
1. Existing site conditions;
2. A site concept including the types of proposed land uses and structures, including housing types, and
their general arrangement on the site;
3. A grading concept;
4. A landscape concept indicating a percentage range for the amount of proposed open space and
landscaping, and general location and types of proposed open space(s);
5. Parking concept
6. A sign concept;
7. A streets and utility concept; and
8. Structure Setback and Development Standards concept, including the proposed residential density
target if applicable.
C. Allowable Uses
1. In residential zones. In all residential zones, an applicant with a planned development approval may develop
the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density
bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval:
a. All uses allowed outright in the underlying zoning district;
b. Single-family detached and attached residential units;
c. Duplex residential units;
d. Multi-family residential units;
e. Manufactured homes;
f. Accessory services and commercial uses directly serving the planned development only and
which are customary or associated with, but clearly incidental to the uses permitted in the zone,
such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in
sum total;
g. Community building;
h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool,
tennis court or similar use;
i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or
similar use; and
j. Recreational vehicle storage area.
Page 5 of 15 September 20, 2006
2. In commercial zones. In all commercial zones, an applicant with a planned development approval may
develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a
maximum of 25% of the total gross floor area may be used for multi-family dwellings in those commercial
zones that do not list multi-family dwellings as an outright use.
3. In industrial zones. In all industrial zones, a planned development shall contain only those uses aliowed
outright in the underlying zoning district.
18.350.050 Concept Plan Approval Criteria
A. The concept plan may be approved by the Commission only if all of the following criteria are met:
1. The concept plan includes specific designations on the concept map for areas of open space, and describes
their intended level of use, how they relate to other proposed uses on the site, and how they protect natural
features of the site.
2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their
maximized protection, preservation, and/or management.
3. The concept plan identifies how the future development will integrate into the existing neighborhood, either
through compatible street layout, architectural style, housing type, or by providing a transition between the
existing neighborhood and the project with compatible development or open space buffers.
4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include
separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to
or other provisions for bus stops, etc.
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects
that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in
relation to their proposed location on site.
6. The concept plan must demonstrate that development of the property pursuant to the plan results in
development that has significant advantages over a standard development. A concept plan has a significant
advantage if it provides development consistent with the general purpose of the zone in which it is located at
overall densities consistent with the zone, while protecting natural features or providing additional amenities
or features not otherwise available that enhance the development project or the neighborhood.
18.350.060 Detailed Development Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type [II-PC procedure, as governed by Section 18.390.050, the additional information
required by 18.350.040.13 and the approval criteria under 13.350.070.
B. Additional Information. In addition to the general information described in Subsection A above, the detailed
development plan, data, and narrative shall include the following information:
1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along
drainage channels or swales, and at selected points, as needed
2. A specific development schedule indicating the approximate dates of construction activity, including
Page 6 of 15 September 20, 2006
demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and
building construction for each phase.
3. A copy of all existing and/or proposed restrictions or covenants.
4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro
designated town or regional center, the following additional information may be required:
a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-
rise structures. Predominant air movement patterns in a city may be along roadways and between
buildings. The placement, shape, and height of existing buildings can create air turbulence caused by
micro air movement patterns. These patterns may influence the location of building elements such
as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local
wind turbulence.
b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to
determine how they would affect the proposed building. This is particularly important for outdoor
terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be
considered as sources of internal heat gain or loss. Building orientation, window sizes and shading
devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and
the shadows the proposed building would cast on existing buildings and open spaces.
c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The
development should be designed to compensate far such glare or if possible, oriented away from it.
C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with
base zone provisions, with the following modifications:
l. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall
be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the
minimum size required in the base zone.
2. Site coverage: The maximum site coverage is 80%, except in the iP zone where the maximum site
coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and
sidewalks;
3. Building height: In residential zones, any increase in the building height above the maYimum in the base
zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2
times the height of the building.
4. Structure setback provisions:
a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base
zone unless otherwise provided by Chapter 18.360;
b. The setback provisions for all setbacks on the interior of the project shall not apply except that:
(1) All structures shall meet the Uniform Building and Fire Code requirements;
Page 7 of 15 September 20, 2006
(2) A minimum front yard setback of 20 feet is required for any garage structure which opens
facing a street. This setback may be reduced for rear or side loaded garages, if specified on
the detailed plan and proper clearances for backing movements are accounted for.
(3) A minimum front yard setback of eight feet is required for any garage opening for an
attached single-family dwelling facing a private street as long as the required off-street
parking spaces are provided. This setback may be reduced for rear or side loaded garages, if
specified on the detailed plan and proper clearances for backing movements are accounted
for.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks,
either on a lot by lot, or project wide basis. The commission may
require site specific building envelopes.
5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified
by this chapter.
18.350.070 Detailed Development Plan Approval Criteria
A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the
following criteria are met:
1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not
make the detailed plan inconsistent with the concept plan unless:
a. The change increases the residential densities, increases the lot coverage by buildings or reduces
the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d. The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
e. The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.
2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions,
shall be met if applicable;
3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned
development need not meet these requirements where a development plan provides alternative designs
and methods, if acceptable to the Commission, that promote the purpose of this chapter. In each case, the
applicant must provide findings to justify the modification of the standards in the chapters listed below.
The applicant shall respond to all the applicable criteria of each chapter as part of these findings and
clearly identify where their proposal is seeking a modification to the strict application of the standards.
For those chapters not specifically exempted, the applicant bears the burden of fully complying with
those standards, unless a variance or adjustment has been requested.
Page 8 of 15 September 20, 2006
a. Chapter 18.360, Site Development Review. The provisions of Chapter 18360, Site
Development Review, are not applicable to Planned Development Reviews. The detailed
development plan review is intended to address the same type of issues as the Site
Development Review.
b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception
to the access standards, upon a demonstration by a professional engineer that the resulting
access will not be detrimental to the public safety considering emergency vehicle needs, and
provisions are provided for all modes of transportation using the site (vehicles, bicycles,
pedestrians, and transit).
c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density
shall be governed by the density established in the underlying zoning district, using the
minimum lot size established for that district. Where a project site encompasses more than
one underlying zoning district, density shall be aggregated for each district, and may be
allocated anywhere within the project site, as deemed appropriate by the commission.
The Commission may further authorize a density bonus not to exceed 10% as an incentive to
increase or enhance open space, architectural character and/or site variation incorporated
into the development. These factors must make a substantial contribution to objectives of
the planned development. The degree of distinctiveness and the desirability of variation
achieved shall govern the amount of density increase which the Commission may approve
according to the following:
(1) A 1% bonus for each 5% of the gross site area set aside in open space, up to a
maximum of 5%, is allowed for the provision of active use recreational open space,
exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands
that would otherwise be precluded from development;
(2) Up to a maximum of 5% is allowed for the development of pedestrian amenities,
streetscape development, recreation areas, plazas, or other items from the "Planning
Commission's Toolbox."
d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the
landscape requirements of this title upon a finding that the overali landscape plan was
prepared by a licensed landscape architect, provides for 20% of the net site area to be
professionally landscaped, and meets the intent of the specific standard being modified.
e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant
an exception to the off-street parking dimensional and minimum number of space
requirements in the applicable zone if :
(1) The minimum number of parking spaces is not reduced by more than ] 0 percent of
the required parking; and
(2) The application is for a use designed for a specific purpose which is intended to be
permanent in nature, e.g., a nursing home, and which has a low demand for off-
street parking; or
Page 9 of 15 September 20, 2006
(3) There is an opportunity for sharing parking and there is written evidence that the
property owners are willing to enter into a legal agreement; or
(4) Public transportation is available to the site, and reducing the standards will not
adversely affect adjoining uses; or
(5) There is a community interest in the preservation of particular natural features of
the site which make it in the public interest to grant an exception to parking
standards.
f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional
requirements in the applicable zone if :
(1) The sign is not increased by more than 10 percent of the required applicable
dimensional standard for signs; and
(2) The exception is necessary for adequate identification of the use on the property;
and
(3) The sign will be compatible with the overall site plan, the structural improvements
and with the structures and uses on adjoining properties.
g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the
visual clearance requirements, when adequate sight distance is or can be met;
h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and
18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and
nothing in this section shall obligate the City Engineer to grant an exception. The
Commission has the authority to reject an exception request. The Commission can only
grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City
Engineer may determine that certain exceptions to the street and utility standards are
permissible when it can be shown that:
(1) Public safety will not be compromised; and
(2) [n the case of public streets, maintenance costs will not be greater than with a
conforming design; and
(3) The design will improve stormwater conveyance either by reducing the rate or
amount of runoff from present standards or increasing the amount of pollutant
treatment.
4. In addition, the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1) The streets, buildings and other site elements shall be designed and located to
preserve the existing trees, topography and natural drainage to the greatest degree
possible. The commission may require the applicant to provide an alternate site
plan to demonstrate compliance with this criterion;
Page 10 of 15 September 20, 2006
(2) Structures located on the site shall not be in areas subject to ground slumping and
sliding as demonstrated by the inclusion of a specific geotechnical evaluation;
(3) Using the basic site analysis information from the concept plan submittal, the
structures shall be oriented with consideration for the sun and wind directions,
where possible; and
b. Buffering, screening and compatibility between adjoining uses:
(1) Buffering shall be provided between different types of land uses, e.g., between
single-family and multi-family residential, and residential and commercial uses;
(2) In addition to the requirements of the buffer matrix (Table 18.745.1), the
requirements of the buffer may be reduced if a landscape plan prepared by a
registered Landscape Architect is submitted that attains the same level of
buffering and screening with alternate materials or methods. The following
factors shall be considered in determining the adequacy and extent of the buffer
required under Chapter ] 8.745.:
(a) The purpose of the buffer, for example to decrease noise levels,
absorb air pollution, filter dust, or to provide a visual barrier; .
(b) The size of the buffer needs in terms of width and height to
achieve the purpose;
(c) The direction(s) from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
(3) On-site screening from view from adjoining properties of such activities as
service areas, storage areas, parking lots and mechanical devices on roof tops
shall be provided and the following factors shall be considered in determining the
adequacy of the type and extent of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located
on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on
the adjoining properties from view and noise;
d. Exterior elevations - Single-family attached and multiple-family structures: Along the vertical face
of single-family attached and multiple-family structures, offsets shall occur at a minimum of every
30 feet by providing any two of the following:
(1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet;
Page 11 of 15 September 20, 2006
(2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a
maximum length of an overhang shall be 25 feet; and
(3) Offsets or breaks in roof elevations of three or more feet in height.
e. Private outdoor area - residential use:
(1) Exclusive of any other required open space facility, each ground-level residential dwelling unit
shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square feet with
a minimum width dimension of four feet;
(2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and
(3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the
space.
f. Shared outdoor recreation and open space facility areas - residential use:
(1) Exclusive of any other required open space facilities, each residential dwelling development
shall incorporate shared usable outdoor recreation areas within the development plan as
follows:
(a) Studio units up to and including two bedroom units, 200.square feet per unit;
(b) Three or more bedroom units, 300 square feet per unit.
(2) Shared outdoor recreation space shall be readily observable from adjacent units for
reasons of crime prevention and safety;
(3) The required recreation space may be provided as follows:
(a) Additional outdoor passive use open space facilities;
(b) Additional outdoor active use open space facilities;
(c) Indoor recreation center; or
(d) A combination of the above.
g. Demarcation of public, semi-public and private spaces for crime prevention:
(1) The structures and site improvements shall be designed so that public areas such as streets
or public gathering places, semi-public areas and private outdoor areas are clearly defined to
establish persons having a right to be in the space, to provide for crime prevention and to
establish maintenance responsibility; and
(2) These areas may be defined by, but not limited to:
(a) A deck, patio, low wall, hedge, or draping vine;
Page 12 of 15 September 20, 2006
(b) A trellis or arbor;
(c) A change in elevation or grade;
(d) A change in the texture of the path material;
(e) Sign; or
(fl Landscaping.
h. Access and circulation:
(l) The number of required access points for a development shall be provided in Chapter 18.705;
(2) All circulation patterns within a development must be designed to accommodate
emergency and service vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site
if such facilities are shown on an adopted plan or terminate at the boundaries of the
project site.
i. Landscaping and open space:
(1) Residential Development: In addition to the buffering and screening requirements of paragraph b
of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the
site shall be landscaped. This may be accomplished in improved open space tracts, or with
landscaping on individual lots provided the developer includes a landscape plan, prepared or
approved by a licensed landscape architect, and surety for such landscape installation;
j. Public transit:
(1) Provisions for public transit may be required where the site abuts or is within a'/4
mile of a public transit route. The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities may include but are not necessarily limited to such facilities as:
(a) A waiting shelter;
(b) A turn-out area for loading and unloading; and
(c) Hard surface paths connecting the development to the waiting area.
(3) If provision of such public transit facilities on or near the site is not feasible, the developer
may contribute to a fund for public transit improvements provided the Commission
establishes a direct relationship and rough proportionality between the impact of the
development and the requirement.
Page 13 of 15 September 20, 2006
k. Parking:
(1) All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter 18.765;
(2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be
provided on one or more common parking lots within the planned development as long as
each single-family lot contains one off-street parking space.
l. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set
forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on
the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from
the use of such means as green streets, porous concrete, or eco roofs.
m. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-
year floodplain, the City shall require consideration of the dedication of sufficient open land area for a
greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation
for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian bicycle pathway plan.
n. Shared Open Space Facilities: The detailed development plan shall designate a minimum of 20% of the
gross site area as a shared open space facility. The open space facility may be comprised of any
combination of the following:
(1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by
reserving areas for minimal use. Typically these areas are designated around sensitive lands
(steep slopes, wetlands, streams, or 100 year floodplain).
(2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for passive recreational use.
(3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for active recreational use.
(4) The open space area shall be shown on the final plan and recorded on the final plat or
covenants.
o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan
adopted by the City is located in whole or in part in a subdivision, the Commission may require the
dedication or reservation of such area within the subdivision, provided that the reservation or dedication
is roughly proportional to the impact of the subdivision on the park system.
Where considered desirable by the Commission in accordance with adopted comprehensive plan policies,
and where a development plan of the City does not indicate proposed public use areas, the Commission
may require the dedication or reservation of areas within the subdivision or sites of a character, extent
and location suitable for the development of parks or other public use, provided that the reservation or
dedication is roughly proportional to the impact of the subdivision on the park system. The open space
shall be conveyed in accordance with one of the following methods:
Page 14 of 15 September 20, 2006
(1) Public Ownership. Open space proposed for dedication to the City must be acceptable to it
with regard to the size, shape, location, improvement and budgetary and maintenance
limitations. A determination of City acceptance shall be made in writing by the Parks &
Facilities Division Manager prior to final approval. Dedications of open space may be
eligible for Systems Development Charge credits, usable only for the proposed
development. If deemed to be not acceptable, the open space shall be in private ownership
as described below;
(2) Private Ownership. By conveying title (including beneficial ownership) to a corporation,
home association or other legal entity, and granting a conservation easement to the City in a
form acceptable by the City. The terms of the conservation easement must include
provisions for the following:
(a) The continued use of such land for the intended purposes;
(b) Continuity of property maintenance;
(c) When appropriate, the availability of funds required for such maintenance;
(d) Adequate insurance protection; and
(e) Recovery for loss sustained by casualty and condemnation or otherwise.
Page 15 of 15 September 20, 2006
i Attachment 3
Commissioner Caffall believes the applicant has considered every conceivable angle to make
the development work. He realizes there will'be glitches with the parking, but the bupers will
have to deal with it.
President Inman believes there may be better opportunities for the pocket park. Other than
the redwood tree, she tltinks the park is misplaced. She also agrees about the parking, but
realizes that this is what happens with these types of projects.
Commissionex Walsh hopes that the giant redwood is well preserved during the demolition
and construction phases of the project.
Commissioner Buehner noted that when she attended the neighborhood meeting, she
expressed concerns about these same items. She had recommended the developer look at the
proposed changes for the PD code. She is pleased that they took what the intent of the new
code is and incorporated some of the ideas into the plan.
For claxification of condition #24, it was noted that the Planning Commission is in favor of
leaving the sidewalks in front of units 69-83 as shown on the plan.
Commissioner Buehner moved for approval of Subdivision (SUB) 2006-10001 /Planned
Development Review (PDR) 2006-10001/Zone Change (ZON) 2006-10001/Sensitive Lands
Review (SLR) 2006-10003, 10004,10006 & 2006-00006/Tree Removal.Permit (TRE) 2006-
00011 & 00012/Variance (VAR) 2006-00070, 00071 & 00072, based upon the staff report and
the testimony received at the hearing, with the clarification of #24. Commissioner Caffall
seconded the motion. The motion passed unanimously.
5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 PLANNED
DEVELOPMENT CODE AMENDMENT
REQUEST: The applicant is requesting approval of a Development Code Amendment
to change the procedures and approval criteria for Planned Developments (Chapter
18.350) and add Defuutions in Chapter 18.120. The proposed changes to Chapter 18.350
include a new purpose statement, and a new approval process and approval criteria.
Related defuutions of "density bonus", "landscaping", and open space facility" would be
added to the Defuutions Chapter (18.120). The complete text of the proposed Code
Amendment can be viewed at http://www.tigard-or.gov/code_ amendments.
LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive
Plan Policies 1, 2, 3 and 6 and Statewide Planning Goa1s 1 and 2.
STAFF REPORT
PLANNING COMMISSION MEETING MINUTES - September 18, 2006 - Page 8
Associate Planner Sean Farrelly reviewed the history and process involved with the proposed
planned development code changes. He noted the changes from current to proposed
language (Exhibit B).
For shared open space facilities, President Inman asked for clatification about designating a
minimum of 20% of the gross site area as an open space faciliry. She wondered if it should
be 20% of net rather than gross. The proposal states gross.
President Inman also asked for clarification about section 18.350.070.4 i, Landscaping and
Open Space. The minimum of 20% of the site doesn't specify if it's 20% of gross or 20% of
net.
Commissioner Harbison noted that the proposed code revisions contain two definitions for
"minimal use facilities" - one defuution allows trails, the other does not. It was concluded
that "minimal use facilities" should not allow trails. Trails should fall under "passive use".
After much discussion, it was decided that the definition of "minima,l use facilities" should
read, "No improvements apart from underground utilities and natural and ecological
enhancements are allowed."
After d.iscussion on section 18.350.070.4 n, for Shared Open Space Facilities, the
Commission decided to remove the words "Exclusive of any other required open space or
buffer areas,". The section would now read, "The detailed development plan shall designate
a minimum of 20% of the gross site area as a shared open space faciliry.
PUBLIC TESTIMONY
Ernie Platt from the Home Builders Association of Metropolitan Portland submitted a letter
requesting consideration of some changes to the proposed code language (Exhibit C).
Rega.tding section 18.350.060 B 2, Alice Ellis Gaut (member of the PD Review Committee)
advised that schedule dates are only an informational requirement, not a condition of
approval. John Frewing (member of the PD Review Committee) advised that LUBA has
already ruled that information requirements are not approval criteria.
Regarding 18.350.060 C 4 c, some Commissioners agreed that building envelope could be an
appropriate term rather than structural footprint.
Regaxding 18.350.070 A 4 a(1), Commissioner Buehner advised that the goal of this section
is to encourage developers to be creative. President Inman said she could see the problem
with how the section is written. What they are looking for is some demonstration from the
applicant that they have considered alternatives. Mr. Platt noted that the Commission can
either approve or deny an application. If it's denied, that forces the issue of alternatives.
Comm.issioner Walsh said he would like to preserve the intent of the section to challenge
PLANMNG COM1vIISSION MEETTNG MINUTES - September 18, 2006 - Page 9
developers. Mr. Platt suggested expanding the sentence to say, "an alternate plan that would
further demonstrate compliance with the purposes as stated in the ordinance and/or to
address specific concerns." The Commission decided to change the wording of this section
to read, "The Commission may require the applicant to provide an alternate site plan to
demonstrate compliance with this criterion."
Regaarding section 18.350.070 A 4 d, the Commission agreed to insert the words "single-
fanlily attached and multiple-fanvly structures" ahead of "residential use" in the sub-rirle of
this section.
John Frewing, 7110 SW Lola Lane, Tigard 97223, agreed with Mr. Platt's third and fourth
requests. The first one is just information. He would like the Commission to retain the
right to ask for structural footprints. This is especially important with regard to tree
protection.
Mr. Platt noted that the building envelope may be site specific. The Commission may
require a site specific building envelope. The Commissioners decided to strike the second
sentence. The new second sentence shall read, "The Commission may require site specific
build.ing envelope."
Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard 97224, signed up to speak but noted that
all her issues had already been discussed.
PUBLIC HEARING CLOSED
For record, President Inman disagrees with the separation of the concept and the detail
development plans. She believes it is an extra step that is not necessary.
Commissioner Harbison moved to recommend approval of the Development Code
Amendment to the Planned Development Chapter 18.350 and Definitions Chapter 18.120, file
number DCA 2006-00003, with the changes discussed tonight, and based on the staff report
and the testimony heard tonight. Commissioner Buehner seconded the motion. The
motion passed unanimously.
6. COMP PLAN UPDATE
- HOUSING/OVERVIEW
- ECONOMY/OVERVIEW
It was decided to postpone these items until September 25th.
7. OTHER BUSINESS '
None
PLAIVIVING COMMISSION MEETING MIIIUTES - September 18, 2006 - Page 10
Attachment 4
Agenda Item: ~ 2-
Hearing Date: September 18. 2006 Time: 7:00 P
STAFF REPORT TO THE
: . . . .
PLANNING COMMISSION :
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
FILE NAME: DEVELOPMENT CODE AMENDMENT TO THE PLANNED
DEVELOPMEIVTS CHAPTER (18.350) AND DEFIIVITIONS CHAPTER
lj 8•1"
FILE NO.: Development Code Amendment (DCA) DCA2006-00003
PROPOSAL: The City is requesring approval of a Development Code 1lmendment to amend the
Planned Developments Chapter (18.350) and the Definiaons Chapter (18.120) of
the Tigacd Communiry Development Code. The proposed amendments would add
a new purpose statement, approval process, approval aiteria and other revisions to
Chapter 18350. Related definitions of "densiry bonus," "landscaping," and "open
space faciliries" would be added to Chapter 18.120.
APPLICAN'I': Ciry of Tigard OWNER N/A
13125 SW Hall Boulevard
Tigard, OR 97223
LOCATION: Citv wide
COMP PLAN/
ZONING
DESIGNATION: City wide.
APPLICABLE
REVIEW
CRITERIA: Communiry Development Code Chapters 18.120.030, 18.350, 18.380.020,
18.390.06; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Plann.ing
Goals 1 and 2.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend approval to the T'igard City Council to
amend the Planned Developments Chapter (18350) and Definitions Chapter (18.120) of the Tigard
Community Development Code as determined through the public hearing process.
STAFF REPORT T'O TI-fE PI..NNNING COMMISSION 9-18-2006 PI,BLIC HF..-1RM
DCA 2006-00003/ PI_\N\ED DF\'F1.OPNfF:\TS CHAP7'[:R PAGE 1 OF 7
DE\'ELOPME\T CODE :1MF•.\DMEtiT
S
SF('TION III, BACKGROUND INFORMATION
The Planned Developments Chapter of the Tigazd Development Code is intended to grant flexibility to
the underlping development code standards, in order to encourage innovadve design and development,
particularly for parcels that are physically consuained.
Three yeazs ago, some Tigard citizens iaised concems about the density, appearance, and lack of open
space in certain developments that were approved under the provisions of the Planned Denelopments
chapter. On January 27, 2004, the Ciry Council passed a resolution to form a citizen committee to reciew
and possibly recommend changes to the Planned Developments chapter. The Committee members
represented a broad spectrum of views on the issue. The Planned Developments Code Review Committee
held meetings over several months. They reviewed the code and made a recomrnendarion to substantially
reorganize and rewrite the chapter.
In April 2006, the Committee presented its draft chauges .to both. the Citp Council and Planning
Commission. Both of these bodies made suggestions for further refinement. The committee met two
additional times to refine the draft. The proposed code amendment was drafted with input from the
Committee, the City Council, the City Attorney, the Planning Commission and staff.
SECTION IV. APPLICABI.E CRITERIA AND FINDINGS
Chapter 18.380 states that legislative text amendments shall be undectalcen by means of a Type IV
procedure, as gaverned by Section 18390.060.G.
Chapter 18390.060.G states that the recommendation by the Commission and the decision by t6e
Council shall be based on consideration of the following factors:
THE STATEWIDE PLAN1vING GOALS AND GUIDELINES ADOPTED UNDER
OREGON REVISED STATUTES CHAP'TER 197;
Noace was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition,
the Tigard Development Code and Comprehensice Plan have been acknowledged by DLCD. The
following Statewide Planning Goals are applicable to this proposal:
Statewide Planning Goal l- Citizen Invobement
This goal outlines the citizen incolvement iequirement for adoption of Comprehensive Plans and for
changes to the Comprehensive Plan and implementing documents. This goal was met by the City
Council's appoinanent of a committee of citizens, who reviewed the Development Code and
recommended changes.
This goal has also been met by complping with the Tigard Decelopment Code notice requirements set
forth in Chapter 18.390. Notice has been published in the Tigard Times newspaper prior to the public
hearing. Two Public Heaungs aze being held (one before the Planning Commission and the second before
the City Council) in which public input is welcome.
Notice was also sent to the owners of 53 properties that currendy have Planned Development Overlay
designations and appear on the 2005 Tigard Buildable I.and Inventory. The proposed changes were also
sent to other interested parties, including the Home Builders Association and seveial local land use
consultants. STAFF REPORT TO THE PL.XNtiItiG C011MISS101 9-18-2006 PLBLIC f-F-kRI\G
DC.\ 2006-00003/ PL-\N\ED DE\'ELOP1fENT'S CI-{:\P"TER P.1GE 2 OF 7
UG\'EI.OP`if3\T CODE AME\DME\T
Statewide Planning Goa12 - Land Use Planning:
This goal outlines the land use planning process and policy framework. The Comprehensive Plan was
acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code
implements the Comprehensire Plan. The Development Code establishes a process for and policies to
review changes to the Development Code consistent with Goal 2. The Ciry's plan procides analysis and
policies with which to ecaluate a request for amending the Code consistent with Goa12.
APPLICABLE METRO REGULATIONS:
There are no applicable Metro reguladons that this amendment direcdy impacts.
APPLICABLE COMPREHENSIVE PLAN POLICIES:
Comprehensive Plan PoGcy 1.1.L• General Policies
This poliry states that all future legislative changes shall be consistent with the Statew-ide Planning Goals
and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional
Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals
and the Regional Plan.
Comprehensive Plan Policies 2.L1, 2.1.2, and 2.13.: Citizen Involvement
These policies state that the City shall maintain an ongoing atizen involvement program, provide
opportuniaes for citizen involvement appropriate to the scale of the planning effort and that infomnation
on land use planning issues shall be available in understandable foLm for all interested citizens.
This goal has been met by complying with the Tigard Development Code notice requirements set forth in
Chapter 18.390. Notice of the Planning Commission public hearing was published in the T'~gard Times on
August 31, 2006. Notice will be published again prior to the City Council public hearing. Notice was also
sent to the owners of 53 properties that cucrendy have Planned Development Overlay designations and
appeaz on the 2005 Tigard Buildable Land Inventors, and to other interested parties fo= comment The
vvritten notices invited public input and included the phone number of a contact person to answ er anp
questions. The noace also included the web address where the entire draft of the text changes could be
viewed.
This policy is also satisfied by the City Council's appointment of a citizen committee who reriewed the
Development Code and recommended changes.
Comprehensive Plan Policy 3: Natural Features and Open Space
This policy addresses a broad range of topics all hacing to do with the nanual resources located in Tigard.
The use of Planned Developments is suggested as a way to limit impacts on u-etlands (3.2.4) and
designated tree or timbered azeas (3.4.2).
This policy is satisfied because the proposed changes suengthen protection for natural resources. A new
approval criterion would require identification of areas of significant natural resouzces on the concept plan
and methods for their maximized protection, preservation, and/or management.
Comprehensive Plan Policy 6: Housing
This policy addresses housing in Tigazd. The Planned Development process is listed as a way to allow
properties e:thibiting phy sical consuaint characteristics, e.g., steep slopes or floodplains, to develop w-ith
densiry ttansfers allowable on the site (6.1.1).
STAFF REPORT TO THE PL.MNNt?`G CON[titISSION 9-18-2006 PC,BLIC f-EARI\G
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DEN'ELOP.NfEtiT CODE.-MM6\DNff:\T
,
This polic}- is satisfied as the proposed amendment will preserve the flexibility of the Planned
Decelopment process to develop properties will physical constraints.
APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES.
Tigard Development Code Chapter 18.120: Definitions
This chapter contains the meaning of specific words and terms used in the Development Code. The
proposed changes to the sections of the Planned Developments chapter include a number of terms that
need to be specifically defined. The ternos aze "Density bonus," "Landscaping," and three "Open Space
Facilitv" related definitions- "Minimal L'se Facilities," "Passice Use Facilities," and "Active L'se Facilities."
Tigard Development Code Chapter 18.350: Planned Developments
This chaptei establishes procedures and criteria for establishing Planned Development 0verlay Zones,
which allow for flexible standards and other innovative planning practices, when developing property.
The proposed amendment would substantially reorganize and rewrite this chaptes, and make a clear
distinction between the Concept Plan and Detailed Development Plan sections of the approval process.
The new organization of the chapter would start with an expanded new purpose statement, followed by
an outline of the process, miscellaneous administrative provisions, the Concept Plan submission
requirements, Concept Plan approval uiteria, Detailed Development Plan submission requirements, and
Detailed Development Plan approval criteria.
The proposed purpose statement is more comprehensice than the present code language. Environmental
considerations would be made more central to the purpose of the chapter. The new language states the
purpose of Planned Developments is:
• To provide a means for pcoperty development that is consistent with T'igard's Comprehensive
Plan through the application of flexible standazds which consider and midgate for the potential
impacts to the City;
• To provide such added benefits as increased natural azeas or open space in the Ciry, altemative
building designs, walkable communities, preservation of significant natural resources, aesthetic
appeal, and other ty-pes of assets that conuibute to the larger community in lieu of strict adherence
to many of the rules of the Tigud Community Development Code;
• To achiere unique neighborhoods which will retain their character and aty benefits, while
respecting the characterisacs of existing neighbozhoods through appropLiate buffering and lot size
transitioning;
• To preserve to the greatest extent possible the existing landscape features and amenities through
the use of a planning procedure (site design and analysis, presentation of altematives, conceptual
review, then detailed reriew) that can relate the tppe and design of a development to a particular
site;
• To consider an amount of development on a site, within the limits of density requirements, which
will balance the interests of the owner, developer, neighbors, and the City; and
• To provide a means to better relate the built envitonment to the natural environment through
sustainable and innocative building and public facility construction methods and materials.
The proposed approval process makes a clearer distincuon between the three pieces of the process in the
present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent
applications could be made for the Concept Plan and the Detailed Development Plan, but the Planning
Commission would have to take separate acdons on each step.
STAFF REPOR'C'TO Tf {E 131-3,:\tiI\G CON-t\tISSIOti 9-18-2006 PUBLIC REkRI\G
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DEVELOPME\"I' CODE AME\DME\T
Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The
approval of the Concept Plan would require meeting these new criteria:
• ProltTision of open space
• Protecring natural resource areas
• Integradon of development into the existing neighborhood
• Promotion of walkabiliry/ transit
• Identification of the uses and arrangement of the site
• Demonstration that the planned development has significant adcantages over standard
development (i.e. protects natural features and provides addirional amenities for the
development and/or neighborhood.)
Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process
with separate submission requirements. Approval of the Detailed Development Plan would now require
a Type III review, meeting the following approval criteria:
• General consistenry with the Concept Plan.
• Meeting the land dirision prorisions
• Findings to jusrify the modificarions to the following Development Code chapters:
a) 18.360, Site Development Recliew
b) 18.705, Access, Egress and Circulation
c) 18.715, Density Computation and Limitadons (L1p to a 10% density bonus is allowed. A 1%
densiry bonus foi each 5% of the gross site area set aside in open space, and up to S% fof
other amenities, including items from the Planning Commissioner's Toolbos (a supplemental
document separate from the Development Code.)
d) 18.745, Landscaping and Screening
e) 18.765, Off-street Pazking and Loading Requirements
~ 18.780, Signs
g) 18.795, Visual Clearance Areas
h) 18.810, Street and Street L'rility Improvements
• Additional criteria, including requirements for.
o Relarionship to the natural and physical environment
o Buffering, screening and compatibility between adjoining uses
o Privary and noise
o Exterior elevations-residential use
o Private outdoor azea-residential use
o Shared outdoor recreation and open space
o Demarcation of public, semi-public, and priv. ate spaces for crime prerentio❑
o Access and circulation
o Landscaping and open space
o Provisions for public transit (where the site abuts or is mile of a public uansit route)
o Packing
o Drainage (alternate means for stormwater conveyance may be proposed.)
o Floodplain dedication
oLNZandatory shared open space requirement (minimum 20% of the gross site area.)
Distinctions are also made between "Minimal Use Facilities," "Passive Use Facilities,"
and "Active L se Facilities."
o Open space conveyance
STAFF REPORT TO TFIE PL.AN\ IivG CONt1fISS10` 9-18-2006 PL'BLIC f-IEAR[tiG
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DEN'ELOPME\T CODE AMEtiDME\"C
Overlay Zone: The 0~-erlay Zone would be applied concurrendv with the approval of the Detailed
Development Plan. The zone designaaon would not expire.
Overall, the proposed new language and organization of the chapter preserves the original intent of the
Planned Developments chaptec in the Tigard Community Development Code. The proposed changes
reduce the ambiguity of the process and seek to assure that the tlexibility that is granted in the
decelopment standards will result in development that has benefits for the communitv.
Tigazd Development Code Chapter 18.380: Zoning Map and Text Amendments
This chapter sets forth the standards and process goveming legislative and quasi-judicial amendments to
this tide and zoning disnict map. I.egislative zoning map and text amendments shall be undertaken bc
means of a Ty-pe N procedure, as govemed by Section 18.390.060.G. Therefore, the proposed text
amendments to the Tigard Development Code will be reviewed under the Type IV legislatcve procedure
as set forth in the chapter.
Tigard Development Code Chapter 18390: Decision-Maldng Procedures
This chapter establishes standard decision-making procedures for reviewing applications. The
amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in
the chapter. Section 18.390.060.G states that the recommendation by the Commission, and the decision
by the Counc.il, shall be based on considerarion of the following factors (reviewed above), including. 1)
Statewide Planning GoaLs and Guidelines, 2) applicable federal of state statues of regiilations, 3) applicable
INtetro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's
unplementing ordinances.
SECTION V. ADDITIONAL CITY STAFF CONIIIENTS
The City of Tigard's Building Division, Po4ce Depactment, Public Works and Urban Forester
have had an oppornuuty to review this proposal and have no objections.
The City of Tigard's Long Range Planning Division reriewed the proposal and submitted sereral
questions for clarification. Questions referred to language peanitting adjusmnents for lot dimensions and
building height in the Sensitive Lands chapter (18.775) and density bonuses for tree canopy preserved in
the Tree Removal chapter (18.790)
Response
If not otherwise addressed in the proposed Planned Developments chapter, any additional adjustments or
bonuses allowable under other sections of the code can still be applied for. For example, the preservation
of tree canopy would be eligible for a densit;v bonus (1% bonus for every 2% canopy preserved- up to
20%) could be applied for in addition to any density bonuses eligible under the Planned Developments
chapter.
SECTION VI. OUTSIDE AGENCY COMMENTS
Meuo, Oregon Department of Transportation, Washington County Department of Land Use and
Transportation, Tualatin Hills Park and Recreation I3istrict, Tualatin Valley Fire and Rescue,
Tualatin Valley Water District, Clean Water Services and the Planning Directors of the cities of
STAFF REPORI' "f0 TF{E PL-\N\I\G CU\t\fIS510N 9-18-2006 PUBLIC HEARI\G
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DEVELOP\fE\T CUDF. .-1.MI:\UNtE\T
Beaverton, Durham, King City, Lake Oswego, Portland, and Tualatin, were norified of the
proposed amendments and did not respond.
The Oregon Department of Land Conservation and Development responded via phone and had no
objections.
SECTION VII. OTHER PUBLIC COMMENT
A tepresentative from the Home Builders rlssociation submitted comments, asking several quesrions for
. clarification. These questions were discussed in a meeting with theu representarives.
SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS
The proposed Development Code Amendment would extensively reorganize and add new language and
procedures to the current Planned Developments chapter. These changes were recommended bp a citizen
committee appointed bf the City Council. The changes comply aith the StateR-ide Planning Goals, the
Tigard Comprehensice Plan, and applicable provisions of the City's implementing ordinances.
Staff finds that the proposed rerision of the chapter is consistent with the original purpose and intent of
the Planned Developments chapter of the Tigard Community Derelopment Code. The proposed changes
would result in less ambiguit3- in the process and more of a guarantee that the flexibility granted in the
development standards would result in positive outcomes for the communitY. Therefore, Staff
recommends that the Planning Commission recommend approval of the Development Code Amendment
to the Tigard City Council as deternuned through the public hearing process.
ATTACHMENT:
EXHIBIT A. PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY
DEVELOPMENT CODE.
' September 8. 2006
PREPARED BY: ean FaLrelly DATE
Associate P r
September 8. 2006
r1PPR0 'ED BY: Dick Bewers DATE
Planning Ni ger
STAFF REPORT TO THE PI..-\N\I\G CO.W\[ISSIO\ 9-18-2006 PI,BLIC HEARItiG
DCA 2006-00003/ PI..-k\\F.D DEVELOPMENTN. CE{.1I''TE:R P.1GF_ 7 OF 7
DEVELOPME\T CODE A M E\D.NtENT
I
Attachment 5
Home Builders Association of Metropolitan Portland
October 4, 2006
Mayor Craig Dirksen
City Councilors
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: DCA 2006-00003
Proposed Planned Development Code Amendments
Dear Mayor Dirksen and Councilors:
Thank you on behalf of the 1400 + member firms of the Home Builders Association of
Metro Portland for the opportunity to submit these comments on the proposed
amendments to the City Development Code.
On balance, the revisions as proposed are rather benign and will not likely cause a major
change in the application process for planned developments.
As their September 18 meeting, the Planning Commission received comments from
interested citizens, including myself, and has recommended to you for approval a
document that embodies several suggested additions/changes that came about during that
meeting.
I concur in all of the suggested additions/changes, and urge the Council to approve the
document as recommended by the Planning Commission.
Thank you for the opportunity to comment on the proposed amendments.
Sincerel
ie Platt
Director of Local Government Affairs
15555 SW Bangy Road ♦ Suite 301 ♦ Lake Oswego, Oregon 97035
Phone: 503.684.1880 ♦ Fax: 503.684.0588 ♦ www.homebuildersportland.org
Striving forAffordability, Balance and Choice
EXHIBIT A
City of Tigard
DCA 2006-00003
Proposed Planned Developments Code Revisions
September 2006
Explanation of Formatting
These text amendments employ the following formatting: ' f
Str-ikethfeugh - For text to be deleted CjLQ) [Bold ahd Italic] - For text to be added
Chapter 18.120
DEFINITIONS
[SS. "Density bonus" - Additional dwelling units that can be earned as an incentive for
providing undeveloped open space, landscaping, or tree canopy as defined further in this code.]
[87. "Landscaping"-Areas primarily devoted to plantings, trees, shrubs, lawn and other
organic ground cover together with other natural or artificial supplements such as water courses,
ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways,
sculptures, trellises and screens.]
[104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly
owned:
a. Minimal Use Facilities. No other improvements (apart from underground utilities and
natural and ecological enhancements) are allowed.
b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses
related to the functions and values of a natural area that require limited and low impact
site improvement, including soft surface trails, raised walkways, pedestrian bridges,
seating areas, viewing blinds, observation decks informational signage, drinking
fountains, picnic tables, interpretive centers, and other similar facilities.
Accommodations for ADA access shall be provided where site considerations permit.
c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater
degree of site development and/or ground disturbance; such as sports fields, playground
equipment, group picnic shelters, swimming pools, hard and soft surface pathways,
restrooms, and similar facilities.]
[Renumber definitions after #55 according to the above amendments]
Page 1 of 21 September 20, 2006
.
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose
18.350.020 T4e Process
18.350.030 Administrative Provisions
18:350:099 [18.350.0401 Concept Plan Submission Requirements
[18.350.050 Concept Plan Approval Criteria]
[18.350.060 Detailed Development Plan Submission Requirements]
[I8.350.070 Detailed Development Plan Approval Criteria]
18.350.110 c►,.,....a n,,,,,, c,,.,,.,,
18.350.010 Purpose
A. Purpose. The purposes of the planned development overlay zone are:
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[l. To provide a means for property development that is consistent with Tigard's Comprehensive
Plan through the application of fle.zible standards which consider and mitigate for the
potential impacts to the City; and]
[2. To provide such added benefits as increased natural areas or open space in the City,
alternative building designs, walkable communities, preservation of significant natural
resources, aesthetic appeal, and other types of assets that contribute to the larger community
in lieu of strict adherence to many of the rules of the Tigard Community Development Code;
and]
Page 2 of 21 September 20, 2006
[3. To achieve unique neighborhoods (by varying the housing sryles through architectural
accents, use of open space, innovative transportation facilities) which will retain their
character and city benefits, while respecting the characteristics of existing neighborhoods
through appropriate buffering and lot size transitioning; and]
[4. To preserve to the greatest extent possible the existing landscape features and amenities
(trees, water resources, ravines, etc.) through the use of a planning procedure (site design and
analysis, presentation of alternatives, conceptual review, then detailed review) that can relate
the type and design of a development to a particular site; andJ
[S. To consider an amount of development on a site, within the limits of density requirements,
which will balance the interests of the owner, developer, neighbors, and the City; and]
[6. To provide a means to better relate the built environment to the natural environment through
sustainable and innovative building and public facility construction methods and materials.]
18.350.020 T-ke Process
A. Applicable in all zones. The planned development designation is an overlay zone applicable to all
zones. [An applicant may elect to develop the project as a planned development, in compliance
with the requirements of this chapter, or in the case of a corrimercial or industrial project, an
approval authoriry may apply the provisions of this chapter as a condition of approving any
application for the development.]
B. Elements of approval process. There are three elements to the planned development approval
process, as follows:
;
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[l. The approval of the planned development concept plan; and
2. The approval of the detailed development plan.
3. The approval of the planned development overlay zone.]
C. Decision-makiniz process. ; ne.. Y=annea a°.,°'^r....,°.,* zone „W^.. o,.+ sh,,,l
be pr-eeessed-by means ef a T-ype-H! PC pr-eEeduf , on 18.390.050, w4fig
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[l. The concept plan shall be processed by means of a Type III-PC procedure, as governed
by Section 18.390.050, using approval criteria contained in Section 18.350.050.1
Page 3 of 21 September 20, 2006
[2. The detailed development plan shall be reviewed by means of a Type III-PC procedure,
as governed by 18.390.050, to ensure that it is substantially in compliance with the
approved concept plan.]
[3. The planned development overlay zone will be applied concurrently with the approval of
the detailed plan.]
[4. Applicants may choose to submit the concept plan and detailed plan for concurrent
review subject to meeting all of the approval criteria for each approval. All applicants are
advised that the purpose of separating these applications is to provide them clear
direction in developing the detailed plans. Rejection of the concept plan will result in a
corresponding rejection of the detailed development plan and overlay zone.]
[5. In the case of an existing p[anned development overlay zone, once construction of the
detailed plan has been completed, subsequent applications conforming to the detailed
plan shall be reviewed under the provisions required in the chapter which apply to the
particular land use application.]
[6. If the application involves subdivision of land, the applicant may also apply for
preliminary plat approva[ and the applications shall be heard concurrently with the
detailed plan.]
land,
[D. Concurrent Anulications for Concent Plan and Detailed P[an. In the case of concurrent
applications for concept plan and detailed development plan, including subdivision applications,
the applicant shall clearly distinguish the concept from the detailed plan. The Planning
Commission shall take separate actions on each element of the Planned Development
application (i.e. the concept approval must precede the detailed development approval); however
each required action may be made at the same hearing.]
18.350.030 Administrative Provisions
[A. Time limit on rlinm of detailed develonment plan. The concept plan approval expires after
1-112 years unless an application for detailed development plan and, if applicable, a
preliminary plat approval or request for e-xtension is filed. Action on the detailed development
plan shall be taken by the Planning Commission by means of a Type Ili-PC procedure, as
governed by Section 18.390.050, using approval criteria in 18.350.070.1
74.[B.] Zoning map designation. An,~~~ ~ Yl.,,,.,oa ao.,ol,,......o..+ o,.l.,.. o ~..,s ~.oon .oa,
[The planned development overlay zone application shall be concurrently approved if the
Page 4 of 21 September 20, 2006
detailed development plan is approved by the Planning Commission.J The zoning map shall be
amended to indicate the approved planned development designation for the subject development
site. The approval of the planned development overlay zone shall not expire.
,
,
18.390.040, .
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C. Extension. The Director shall, upon written request by the applicant and payment of the required
fee, grant an extension of the approval period not to exceed one year provided that:
1. No changes have been made on the original concepttW development plan as approved by
the Commission;
2. The applicant can show intent of applying for detailed development plan [or preliminary
plat] review within the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
D. Phased development.
1. The Commission shall approve a time schedule for developing a site in phases, but in no case
shall the total time period for all phases be greater than seven years without reapplying for
conceptual development plan review.
2. The criteria for approving a phased detail development plan proposal are that:
Page 5 of 21 September 20, 2006
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of
temporary public facilities. A temporary public facility is any facility not constructed to
the applicable City or district standard.
E. Substantial modifications to concepqgtj plan. [If the Planning Commission finds that the
detailed development plan or preliminary plat does not substantially conform to the concept
plan, a new concept plan shall be required.] p+,,.,l ao„ol„p.,.,vr+ pl.,,, sh.,ll pfi,..,+;
[F. Noncomnliance. Noncompliance with an approved detailed development plan shall be a
violation of this chapter.]
[G. Issuance of occupancv permits. The development shall be completed in accordance with the
approved detailed development plan including landscaping and recreation areas before any
occupancy permits are issued. However, when the Director determines that immediate
execution of any feature of an approved detailed development plan is impractical due to
climatic conditions, unavailability of materials, or other temporary condition, the Director shall,
as a precondition of the issuance of a required permit, require the posting oJ a performance
bond or other surety to secure execution of the feature at a time certain not to exceed one year.]
A. Thioneempliamee. AlenEemplianee-w~pr-eved detai-led develepme~a'.-a
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Page 6 of 21 September 20, 2006
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18.350.070 Applieability of the Base Zone Development Standar-ds-
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18.350.099 [ 18.350.040] Conceptual Bewelopment Plan Submission Requirements
A. General submission reQUirements. The applicant shall submit an application containing all of
the general information required for a Type 1114 [-PC] procedure, as governed by Section
18.390.050 [and the additional information required by 18.350.040.B.] In addition, the
applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through the
particular approach proposed by the applicant. This statement should include:
[a.] A description of the character of the proposed development and the rationale behind
the assumptions and choices made by the applicant.
[b. An explanation of the architectural style, and what innovative site planning principles are
utilized including any innovations in building techniques that will be employed.]
[c. An explanation of how the proposal relates to the purposes of the Planned Development
Page 8 of 21 September 20, 2006
,
Chapter as expressed in 18.350.010.1
[d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.]
2. A[general] development schedule indicating the approximate dates when construction of the
planned development and its various phases are expected to be initiated and completed.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or
portions of the planned development. [In the case where a residential subdivision is
proposed, the statement shall include the applicant's intentions whether the applicant will
build the homes, or sell the lots to other builders.]
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B. Additional information. In addition to the general information described in Subsection A above,
the concept plan, data, and narrative shall include the following information,
the detailed content of which can be obtained from the Director:
1. Existing site conditions;
2. A site concept [including the rypes of proposed land uses and structures, including
housing types, and their general arrangement on the site];
3. A grading concept;
4. A landscape concept [indicating a percentage range for the amount of proposed open
space and landscaping, and general location and types of proposed open space(s);
[S. Parkircg concept;]
-5. [6.1 A sign concept; and
[7. A streets and utility concept; and]
[8. Structure Setback and Development Standards concept, including the proposed residential
density target if applicable.]
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[C. Allowable Uses1
1. In residential zones. In all residential zones, an applicant with a planned development
approval may develop the site to contain a mixture of uses subject to the density
provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c.
The following uses are allowed with planned development approval:
a. All uses allowed outright in the underlying zoning district;
b. Single-family detached and attached residential units;
Page 9 of 21 September 20, 2006
c. Duplex residential units;
d. Multi-family residential units;
e. Manufactured homes;
£ Accessory services and commercial uses directly serving the planned development only and
which are customary or associated with, but clearly incidental to, the residential uses
permitted in the zone [such as personal services, preschool or daycare, and retail uses less
than 5,000 square feet in sum total];
g. Community building;
h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming
pool, tennis court or similar use;
i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis
court, or similar use; and
j. Recreational vehicle storage area.
2. In commercial zones. In all commercial zones, an applicant with a planned development
approval may develop the site to contain all of the uses permitted outright in the underlying
zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi-
family dwellings in those commercial zones that do not list multi-family dwellings as an
outright use.
3. In industrial zones. In all industrial zones, a planned development shall contain only those uses
allowed outright in the underlying zoning district.
[18.350.050 Concept Plan Approval Criteria]
[A. The concept plan may be approved by the Commission only if all of the following criteria are met:
1. The concept plan includes specific designations on the concept map for areas of open space, and
describes their intended level of use, how they relate to other proposed uses on the site, and how
they protect natural features of the site.
2. The concept plan identifies areas of significant natural resources, if any, and identifies methods
for their maximized protection, preservation, and/or management.
3. The concept plan identifies how the future development will integrate irtto the existirtg
neighborhood, either through compatible street layout, architectural style, housing type, or by
providing a transition between the existing neighborhood and the project with compatible
development or open space buffers.
4. The concept plan identifies methods for promoting walkability or transit ridership, such methods
may include separated parking bays, off street walking paths, shorter pedestrian routes than
vehicular routes, linkages to or other provisions for bus stops, etc.
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case
of projects that include a residential component, housing type, unit density, or generalized lot sizes .
shall be shown in relation to their proposed locatiort on site.
Page 10 of 21 September 20, 2006
6. The concept plan must demonstrate that development of the property pursuant to the plan results
in development that has significant advantages over a standard development. A concept plan has
a significant advantage if it provides development consistent with the general purpose of the zone
in which it is located at overall densities consistent with the zone, while protecting natural features
or providing additional amenities or features not otherwise available that enhance the
development project or the neighborhood.J
[18.350.060 Detailed Development Plan Submission Requirements]
[A. General submission requirements. The applicant shall submit an application containing all of the
general information required for a Type lil-PC procedure, as governed by Section 18.390.050, the
additional information required by 18.350.040.B and the approval criteria under 13.350.070.]
[B. Additional Information. In addition to the general information described in Subsection A above, the
detailed development plan, data, and narrative shall include the following information:
1. Contour intervals of 2 to S ft, depending on slope gradients, and spot elevations at breaks in
grade, along drainage channels or swales, and at selected points, as needed.
2. A specific development schedule indicating the approximate dates of construction activiry,
including demolition, tree protection installation, tree removal, ground breaking, grading, public
improvements, and building construction for each phase.
3. A copy of all existing and/or proposed restrictions or covenants.
4. Moderate to High Density Deve[opment Analysis. If proposing development in an area within a
Metro designated town or regional center, the following additional information may be required:
a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by
urban high-rise structures. Predominant air movement patterns in a city may be along
roadways and between buildings. The placement, shape, and height of existing buildings
can create air turbulence caused by micro air movement patterns. These patterns may
influence the location of building elements such as outdoor areas and balconies. Also a
building's design and placement can mitigate or increase local wind turbulence.
b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be
studied to determine how they would affect the proposed building. This is particularly
important for outdoor terraces and balconies where sunlight may be desirable. Sun and
shadow patterns also should be considered as sources of internal heat gain or loss.
Building orientation, window sizes and shading devices can modify internal heat gain or
loss. Studies should include daily and seasonal patterns and the shadows the proposed
building would cast on existing buildings and open spaces.
c. ReJlections: Reflections from adjacent structures such as glass-clad buildings may be a
problem. The development should be designed to compensate for such glare or if possible,
oriented away from it.]
[C. Comvliance with snecirc develonment standards. The Detailed Development Plan shall show
Page 11 of 21 September 20, 2006
compliance with base zone provisions, with the following modifications:
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply.
There shall be no minimum lot size except that lots on the perimeter of the project shall not be
less than 80% of the minimum size required in the base zone.
2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the mar_rirrzum
site coverage shal[ be 75%. Site coverage includes all buildings and impervious surfaces such
as streets and sidewalks;
3. Building height: In residential zones, any increase in the building height above the maximurrt
in the base zone will require that the structure be setback from the perimeter of the site a
distance of at least 1-112 times the height of the building.
4. Structure setback provisions:
a. Setbacks for structures on the perimeter of the project shall be the same as that required
by the base zone unless otherwise provided by Chapter 18.360;
b. The setback provisions for all setbacks on the interior of the project shall not apply except that:
(1) All structures shall meet the Uniform Building and Fire Code requirements;
(2) A minimum front yard setback of 20 feet is required for any garage structure
which opens facing a street. This setback may be reduced for rear or side loaded
garages, if specified on the detailed plan and proper clearances for backing
movements are accounted for.
(3) A minimum front yard setback of eight feet is required for any garage opening for
arc attached single family dwelling facing a private street as long as the required
off-street parking spaces are provided. This setback may be reduced for rear or side
loaded garages, if specified on the detailed plan and proper clearances for backing
movements are accounted for.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks,
either on a lot by lot, or project wide basis. The commission may require site specific building
envelopes.
5. Other provisions of lhe base zone. All other provisions of the base zone shall apply except as
modified by this chapter.J
18.309 [18.350.070 Detailed Development Plan] Approval Criteria
[A. Detailed Develonment Plan Anproval Criteria. A detailed development plan may be approved only
if all the following criteria are met:
1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept
plan do not make the detailed plan inconsistent with the concept plan unless:
Page 12 of 21 September 20, 2006
a. The change increases the residential densities, increases the lot coverage by buildings or
reduces the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d. The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
e. The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.J
A. ment-r-ewiew. Thof Chapter- 1-8:360, Site Bevelepment
Review, •
, •
~pplieatien.
-4 [2.1 All the provisions of the land division provisions, Chapters 18.410, 18.420 [Partitions] and
18.430 [Subdivisions], shall be met [if applicable];
2. [3.1 Except as noted, the provisions of the following chapters shall be utilized as guidelines. A
planned development need not meet these requirements where a development plan provides
alternative designs and methods, if acceptable to the Commission, that promote the purpose
of this [chapter] seetien. In each case, the applicant must provide findings to justify the
modification of the standards in the chapters listed in cubs°e*ien 2 below. [The applicant
shall respond to all the applicable criteria of each chapter as part of these findings and
clearly identify where their proposal is seeking a modification to the strict application of
the standards. For those chapters not specifically exempted, the applicant bears the burden
of fully complying with those standards, unless a variance or adjustment has been
requested.]
Thv ~ ao.,oi,,..o ~av ~ViVj.JVi,. 1..,K', V1IVVJV ,.i.,.,,~o LV 1.J1VYll.{V .:ao Vl,. LL1 *i.o equi-r-e aa:t:,..,t
a~a11V
~o~:i.n4;..v. .~v.al.~. {Alll.{!Vlv P f nddi4i.~.r.n1 er. :4ioc., lnv.annnr.:r.R i.« 4«00 ..ln.~.4:,~...
Y~
\.lVVl1Vl~L{.1V11
[a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site
Development Review, are not applicable to Planned Development Reviews. The
detailed development plan review is intended to address the same rype of issues as
the Site Development Review.]
[b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an
exception to the access standards, upon a demonstration by a professional
engineer that the resulting access will not be detrimental to the public safety
Page 13 of 21 September 20, 2006
considering emergency vehicle needs, and provisions are provided for all modes of
transportation using the site (vehicles, bicycles, pedestrians, and transit).J
--a: [c.] Chapter 18.715, Density Computation and Limitations. Unless authorized below,
density shall be governed by the density established in the underlying zoning
district, [using the minimum lot size established for that district. Where a project
site encompasses more than one underlying zoning district, densiry shall be
aggregated for each district, and may be allocated anywhere within the project
site, as deemed appropriate by the commission.]
The Commission may further authorize a density bonus not to exceed 10% as an
incentive to increase or enhance open space, architectural character and/
or site variation incorporated into the development. These factors must make a
substantial contribution to objectives of the planned development. The degree of
distinctiveness and the desirability of variation achieved shall govern the amount of
density increase which the Commission may approve according to the following:
(1) [A 1% bonus for each S% of the gross site area set aside in open space, up to a
maximum of 5%,J ^ max;m„m of 30' is allowed for the provision of [active use
recreational open space] , exclusive of areas
contained in floodplain, [steep] slopes Rr°°*°r *h°^'c drainageways, or
wetlands that would otherwise be precluded from development;
(2) [Up to a maximum of S% is allowed for the development of pedestrian amenities,
streetscape development, recreation areas, plazas, or other items from the
"Planning Commission's Toolbox. " J
o ao.,ot„p....o.,+' . ao..oi,...oa
n.., 111{.LLl1 „f Zoi :.,tt,,.,oa f ..t.,.,as,..,..;
`LJ l 1 l1II1 ~
open , plazas and pedestfian pathwayss asad ralcatiad
nd amenities; r-eer-eation ar-ea
do olo r.4. nr..-~/.~. «040..4:e« of ov:n4ir.R.e7
go4n4i~...•
('21 A .v. iiiui'~" ~ F20% . .~ll.,c:ro.7 F r 0.,4..~v. .~.f ..:n„nl F ,.nl v. v.4c.. , o .~Fo .i 4i
~ :
.,L...~;...,1 :+:os s ..b, .,s +..«..,.«a..,:., . o.,, .,«d s ../.,,;,,d o ~
«t.,+:.....
NiiyJrv
f4~imum-Af 3-°4 qual4y~Af--ar-Ehitec~tir-al , .,~an,~ style; h.,..m,,n:,,,,s , o
~,.,+o,.:~i~.f.L1J~ : .,,+:.,o i.,,;la;,,,. „ e., 4„+:,,., b,,:ta:n,. ai,..., a
1 ll ~ use
111Ci1V1
V 1 llousing types.
[d.] Chapter 18.745, Landscaping and Screening. [The Commission may grant an
exception to the landscape requirements of this title upon a finding that the overall
landscape plan was prepared by a licensed landscape architect, provides for 20% of
the net site area to be professionally landscaped, and meets the intent of the specific
standard being modified.]
[e.J Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may
grant an exception to the off-street parking dimensional and minimum number of
space requirements in the applicable zone if :
Page 14 of 21 September 20, 2006
(1) The minimum number of parking spaces is not reduced by more than 10
percent of the required parking; and
(2) The application is for a use designed for a specific purpose which is
intended to be permanent in nature, e.g., a nursing home, and which has
a low demand for off-street parking; or
(3) There is an opportunity for sharing parking and there is written evidence
that the property owners are willing to enter into a legal agreement; or
(4) Public transportation is available to the site, and reducing t/:e standards
will not adversely affect adjoining uses; or
(S) There is a community interest in the preservation of particular natural
features of the site which make it in the public interest to grant an
exception to parking standards.J
[f.J Chapter 18.780, Signs. [The Commission may grant an exception to the sign
dimensional requirements in the applicable zone if.•
(1) The sign is not increased by more than 10 percent of the required
applicable dimensional standard for signs; and
(2) The exception is necessary for adequate identification of the use on the
property; and
(3) The sign will be compatible with the overall site plan, the structural
improvements and with the structures and uses on adjoining properties.J
[g.] Chapter 18.795, Visual Clearance Areas. [The Commission rriay grant an exception
to the visual clearance requirements, when adequate sight distance is or can be
met;]
~ h.J Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and
18.810.060, Lots. Deviations from street standards shall be made on a limited
basis, and nothing in this section shall obligate the City Engineer to grant an
exception. The Commission has the authority to reject an exception request. The
Commission can only grant an exception to street sanctions if it is sanctioned by
the City Engineer. The City Engineer may determine that certain exceptions to
the street and utility standards are permissible when it can be shown that:
(1) Public safery will not be compromised; and
(2) In the case of public streets, maintenance costs will not be greater than with
a conforming design; and
Page 15 of 21 September 20, 2006
(3) The design will improve stormwater conveyance either by reducing lhe rate
or amount of runoff from present standards or increasing the amount of
pollutant treatment.J
. Chapter- 18.730, ;
. Chapter- 18.795, ;
. Chapter- 18.745, ;
o rha.,+o,.18765 nff s+ ,.oo+ u.,,.k;,,,. ,,.,a r,,,,a:.,g vv,,,,:..v,..,o.,+s.
. . > >
. Chapter- 18.705, Aeeess, ;
18.780, Signs.
-3-. [4.1 In addition, the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1) The streets, buildings and other site elements shall be designed and located to preserve
the existing trees, topography and natural drainage to the greatest degree possible. [The
commission may require the applicant to provide an alternate site plan to demonstrate
compliance with this criterion; J
(2) Structures located on the site shall not be in areas subject to ground slumping and sliding [as
demonstrated by the inclusion of a specific geotechnical evaluation;]
f.. o ,o,.+;,.
i-,
(4} [(3) Using the basic site analysis information from the concept plan submittal,J the
structures shall be oriented with consideration for the sun and wind directions, where
possible; a~
*t,o
cT ~.;Jo,.cc+ *v „ cna,
) T-Fees pr-@S2f-L,@t~ ttl yKY~,e extent p6SSibl* vr cr,.vco~ iT :snv
---~~E2tT~@nf ~c
0 0,-. *s .,f !''L,a«.ro,-1 4 '7(]!1 T «oo Do,Y..~.,.,1
. ~
b. Buffering, screening and compatibility between adjoining uses:
(1) Buffering shall be provided between different types of land uses, e.g., between
single-family and multi-family residential, and residential and commercial uses;
(2) In addition to the requirements of the buffer matrix (Table 18.745.1), [the
requirements of the buffer may be reduced if a landscape plan prepared by a
registered Landscape Architect is submitted that attains the same level of buffering
and screening with alternate materials or methods.] The following factors shall be
considered in determining the adequacy and extent of the buffer required under
Chapter 18.745:
(a) The purpose of the buffer, for example to decrease noise levels, absorb air
pollution, filter dust, or to provide a visual barrier;
(b) The size of the buffer needs in terms of width and height to achieve the purpose;
(c) The direction(s) from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
Page 16 of 21 September 20, 2006
(3) On-site screening from view from adjoining properties of such activities as service areas,
storage areas, parking lots and mechanical devices on roof tops shall be provided and the
following factors shall be considered in determining the adequacy of the type and extent
of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
c. Privacy and noise: Non-residential structures which abut existing residential dwellings
shall be located on the site or be designed in a manner, to the maximum degree possible,
to protect the private areas on the adjoining properties from view and noise;
[d. Exterior elevations - single family attached and multiple family structures: Along the
vertical face of single family attached and multiple family structures, offsets shall occur
at a minimum of every 30 feet by providing any two of the following:
(1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight
feet;
(2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight
feet, a maximum length of an overhang shall be 25 feet; and
(3) Offsets or breaks in roof elevations of three or more feet in height.J
d. fe.J Private outdoor area [residentialJ mti1ti fafflily use: (1) , [Exclusive of any other required
open space facility,] each ground-level residential dwelling unit shall have an
outdoor private area (patio, terrace, [or] porch) of not less than 48 square feet [with a
minimum width dimension of four feet;J
(2) Wherever possible, private outdoor open spaces should be oriented toward the sun;
and
(3) Private outdoor spaces shall be screened or designed to provide privacy for the use of
the space.
e. [f.J Shared outdoor recreation areas -[residential] multi family use:
(1) rn „aa;+;,,n s„bp.,...,,.,..,pt,s (2) .,,,a (3) ,.f *h:s so,.+;,,n [Exclusive of any other
required open spacefacilities,] each mu'*ip'° aw°"i-ag [residential] development
shall incorporate shared usable outdoor recreation areas within the development
plan as follows:
(a) Studio units up to and including two bedroom units, 200 square feet per unit; and
(b) Three or more bedroom units, 300 square feet per unit.
(2) Shared outdoor recreation space shall be readily observable from adjacent units for
reasons of crime prevention and safety;
(3) The required recreation space may be provided as follows:
;
(~b) it may bepai4-eutde~ft indeeF spaee; €er e3c ' , eu4deer- tennis
,.4 a„a .,,a„ o
m;
;
Page 17 of 21 September 20, 2006
~a,,,,,.
2ps'1~ ffffn6ii SpaE~ at4 v~ 4~~°. rv~ 1~ i+ cvca , 1m a t, v°c ii vcccrn~v
E6
-i- 2~rr--r
r
1, ,
+o,,,,;s ,,.4, ,„rleer oa+;.,,, « .,.i L.al...,n:os o ~
, •
[(a) Additional outdoor passive use open space facilities;
(b) Additional outdoor active use open space facilities;
(c) Indoor recreation center; or
(d) A combination of the above.J
[g. Demarcation of public, semi public and private spaces for crime prevention:
(1) The structures and site improvements shall be designed so that public areas such
as streets or public gathering places, semi public areas and private outdoor areas
are clearly defined to establish persons having a right to be in the space, to provide
for crime prevention and to establish maintenance responsibility; and
(2) These areas may be defined by, but not limited to:
(a) A deck, patio, low wall, hedge, or draping vine;
(b) A trellis or arbor;
(c) A change in elevation or grade;
(d) A change in the texture of the path material;
(e) Sign; or
(n Landscaping.J
€ [h.J Access and circulation:
(1) The number of [required] allowed access points for a development shall be provided
in Chapter 18.705;
(2) All circulation patterns within a development must be designed to accommodate
emergency [and service] vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a
site] if such facilities are shown on an adopted plan [or terminate at the boundaries
of the project site.]
g. [i.] Landscaping and open space:
(1) Residential Development: In addition to the [buffering and screening requirements of
paragraph b of this subsection, and any minimal use open space facilities,]
ro 0
0.,* 3 „ .,f .,.x..ta,abiw ~T~ r,,~ ~,.~~a (5) ,.f seetion f +h• b t• , a minimum of
20 percent of the site shall be landscaped. [This may be accomplished in improved open
space tracts, or with landscaping on individual lots provided the developer includes a
landscape plan, prepared or approved by a licensed landscape architect, and surety for
such landscape installation;]
(2) Cenimer-cial Bewelepmen*: ^ ri, w, e€15-per-Eent-ef the site sh'~-be
landseaped•,---ana
(31 Tnrl~t~i~'rl De~ze.].~,~ ll t a a.
• ,
1+: [j.J Public transit:
Page 18 of 21 September 20, 2006
(1) Provisions for public transit may be required where the site abuts [or is within a'/o
mile ofJ a public transit route. The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities [may include but are not necessarily limited to] shall-be limit
te such facilities as:
(a) A waiting shelter;
(b) A turn-out area for loading and unloading; and
(c) Hard surface paths connecting the development to the waiting area.
[(3) If provision of such public transit facilities on or near the site is not feasible, the
developer may contribute to a fund for public transit improvements provided the
Commission establishes a direct relationship and rough proportionality between the
impact of the development and the requirement.]
18.780, .
Signs-
(a) b9Ez'iti6t3-°vf °crlr,ngns pi-6p6sed f6r- the-a2i=ciAisiirenisri°c; csiia
/1,1 Tb,o signs sl,all n.,t .,L.s..,,«o .,ol,:..lo .a«;..o«'s s .,L,+ ,a:st.,.,..o•
0
j, [k.] Parking:
(1) All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter C-haptef 18.765;
(2) Up to 50% of required off-street parking spaces for single-family attached dwellings
may be provided on one or more common parking lots within the planned
development as long as each single-family lot contains one off-street parking space.
k, [I.]Drainage: All drainage provisions shall be generally laid out in accordance with the
requirements set forth in Chapter [18.810.118.775, "na +h° er:*°r;a :n *h° aaep*°a 1981 master-
dr-ainage ;[An applicant may propose an alternate means for stormwater conveyance on
the basis that a reduction oJstormwater runoff or an increase in the level of treatment will
result from the use of such means as green streets, porous concrete, or eco roofs.]
h [m.]Floodplain dedication: Where landfill and/or development is allowed within or adjacent
to the 100-year floodplain, the City shall require consideration of the dedication of
sufficient open land area for a greenway adjoining and within the floodplain. This area
shall include portions of a suitable elevation for the construction of a pedestrian/bicycle
pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway
plan.
[n.J ' 4.0.o Shared Open Space [Facilities: The detailed development plan shall
designate a minimum of 20% of the gross site area as a shared open space facility.
The open space facility may be comprised of any combination of the following:
Page 19 of 21 September 20, 2006
(1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied
by reserving areas for minimal use. Typically these areas are designated around
sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain).
(2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied
by providing a detailed development plan for improvements (including landscaping,
irrigation, pathway and other structural improvements) for passive recreational use.
(3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping,
irrigation, pathway and other structural improvements) for active recreational use.
(4) The open space area shall be shown on the final plan and recorded on the final plat
or covenants.J
[o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a
plan adopted by the Ciry is located in whole or in part in a subdivision, the Commission may
require the dedication or reservation of such area within the subdivision, provided that the
reservation or dedication is roughly proportional to the impact of the subdivision on the park
system.
Where considered desirable by the Commission in accordance with adopted comprehensive
plan policies, and where a development plan of the City does not indicate proposed public use
areas, the Commission may require the dedication or reservation of areas within the
subdivision or sites of a character, extent and location suitable for the development of parks
or other public use, provided that the reservation or dedication is roughly proportional to the
impact of the subdivision on the park system. The open space shall be conveyed in
accordance with one of the following methods:]
o +ho foll,,.,,:.,,, „ ..l:os.
; and
a
a-.- [(1) Public Ownership.J u., aoa;,..,+;,,., the C;+.. „i.i;,.i.. „ oa .,..a maintaine
epea-spaee- Open space proposed for dedication to the City must be acceptable to it
with regard to the size, shape, location, improvement and budgetary and
maintenance limitations [A determination of City acceptance shall be made in
writing by the Parks & Facilities Division Manager prior to final approval.
Dedications oJ open space may be eligible for Systems Deve[opment Charge
credits, usable only for the proposed development. If deemed to be not acceptable,
the open space shall be in private ownership as described below;]
-43~: [(2) Private Ownership.] By l'asing--e~ conveying title (including beneficial ownership)
to a corporation, home association or other legal entity,[and granting a conservation
easement to the City in a form acceptable by the City. The terms of the
conservation easement must include provisions for the following:J
Nk4 r-etaining P-develepme ' *ethe pr-ePer-t-Y~ke-terfas of susl3
Page 20 of 21 September 20, 2006
i~a~~ o.,~o ,.+ho,.;.,s+..,,....o.,+ „f ,.,,.,o.,.,,.o ,r+ : ,.i„ao pr-ovisions ,:tai.io +i.v r;+.,
o
(44 (a) The continued use of such land for the intended purposes;
(2) (b)Continuity of property maintenance;
{-3) (c) When appropriate, the availability of funds required for such maintenance;
(4) (d) Adequate insurance protection; and
(e) Recovery for loss sustained by casualty and condemnation or otherwise.
Page 21 of 21 September 20, 2006
C ~ !'1' ~J~✓' 7~'LaG✓G
,v%2 ylo~
Chapter 18.350
PLANNED DEVELOPMENTS ~
Sections:
18.350.010 Purpose
18.350.020 T-he Process
18.350.030 Administrative Provisions
18.358:098 [18.350.0401 Conceptual Bevelepaen~ Plan Submission Requirements
[18.350.050 Concept Plan Approval Criteria]
[18.350.060 Detailed Development Plan Submission Requirements]
[18.350.070 Detailed Development Plan Approval Criteria]
48.350.100 ,,,,..,....,i r,.;+,.,.i.,
18.350.010 Purpose
A. Purpose. The purposes of the planned development overlay zone are:
standar-ds, , naffewer- ,
,.os,.lt : 0 « living 0 0.,*;
2-To €asiliWe-t#e effiraiexr„ „f l,,,,a;
, buildings, eir-eulation , open
„a „+:l•t;o.,.
r...,,.o, a~
paFtioular ; and
> their- >
open ,
living „*s
[l. To provide a means for property development that is consistent with Tigard's Comprehensive
P[an through the application of Jlexible standards which consider and mitigate for the
potential impacts to the City; and]
[2. To provide such added benefits as increased natural areas or open space in the City,
alternative building designs, walkable communities, preservation oJ significant natural
resources, aesthetic appeal, and other types oJ assets that contribute to the larger community
in lieu of strict adherence to many of the rules of the Tigard Community Development Code;
and]
Page 2 of 21 September 20, 2006
[3. To achieve unique neighborhoods (by varying the housing styles through architectural
accents, use of open space, innovative transportation facilities) which will retain their
character and ciry benefits, while respecting the characteristics of ezisting neighborhoods
through appropriate buffering and lot size transitioning; and]
[4. To preserve to the greatest extent possible the existing landscape features and amenities
(trees, water resources, ravines, etc.) through the use of a planning procedure (site design and
analysis, presentation of alternatives, conceptual review, then detailed review) that can relate
the type and design of a deve[opment to a particular site; andJ
[S. To consider an amount oJ development on a site, within the limits of densiry requirements,
which will ba[ance the interests of the owner, developer, neighbors, and the City; and]
[6. To provide a means to better relate the built environment to the natural environment through
sustainable and innovative building and public facility construction methods and materials.]
18.350.020 T-he Process
A. Applicable in all zones. The planned development designation is an overlay zone applicable to all
zones. [An applicant may elect to develop the project as a planned development, in compliance
with the requirements of this chapter, or in the case of a commercia[ or industrial project, an
approva[ authority may apply the provisions of this chapter as a condition of approving any
app[ication for the development.]
B. Elements of approval process. There are three elements to the planned development approval
process, as follows:
] Tl,o ,.,1 .,f *l,o ..1.,.,,,0.7 .~lo..ol.,«...,o„t o«1.,..
a a aav uY~i" °,t
7 Tl, :pp:.. . µl of +l, v p1., °ci-cicv°civPnzcni-cviic°cZi cp lur ;-arca
[l. The approval of the planned development concept plan; and
2. The approval of the detai[ed development plan.
3. The approval of the planned development overlay zone.] -
C. Decision-making process. A n;w Y?; ..,.e'' ae.e'V~./ l, ~ .e:4 „ '
♦ Vll
µ^y L. --~V11V lLl1W `'/VI eeneept l ''ll
, 18.390.050, using
.
r-??i?V~,°~cu-by-inea3S-Af a T-ype-11-pF6E2dtffe, as-g6=reFned by 1$~90.040, to ensur-e +1, +
subr*.,,,+;,,»., . sefnplianse-~Nith-tkP--a~pr-9=: ed sencePt-Qe,relepment-plan.-in the ease of
,
[l. The concept plan sha[l be processed by means oja Type III-PC procedure, as governed
by Section 18.390.050, using approval criteria contained in Section 18.350.050.1
Page 3 of 21 September 20, 2006
[2. The detailed deve[opment plan shall be reviewed by means of a Type III-PC procedure,
as governed by 18.390.050, to ensure that it is substantially in compliance with the
approved concept plan.]
[3. The planned development over[ay zone will be applied concurrently with the approval of
the detai[ed plan.]
[4. Applicants may choose to submit the concept plan and detailed plan for concurrent
review subject to meeting all of the approva[ criteria for each approvaL All applicants are
advised that the purpose oJseparating these applications is to provide them clear
direction in developing the detailed plans. Rejection oJthe concept plan will result in a
corresponding rejection of the detailed deve[opment plan and overlay zone.]
[S. In the case of an existing planned development overlay zone, once construction of the
detailed plan has been completed, subsequent applications conforming to the detailed
p[an shafl be reviewed under the provisions required in the chapter which apply to the
particu[ar land use app[ication.]
[6. If the application involves subdivision of land, the applicant may also apply for
preliminary plat approval and the applications shall be heard concurrently with the
detailed plan.]
and-€eF a~pr-eval-ef t#e-FenEeptual--dwve}epment-plan--tna.,-be neafd-ceneii eady --if~
.,l;,..,+:,,n f e ,.h „f +ho .,,..;,,.,s : „b,.,:,toa
' ens--i€-the-applie-atien-invelves-s~bdivisien--e€
land,
sensuff e~}Y:
[D. Concurrent Auu[ications for Concent Plan and Detailed Plan. In the case of concurrent
applications for concept plan and detailed development plan, including subdivision applications,
the applicant shafl clearly distinguish the concept from the detailed plan. The Planning
Commission shafl take separate actions on each element of the Planned Development
application (i.e. the concept approval must precede the detailed development approval); however
each required action may be made at the same hearing.]
18.350.030 Administrative Provisions
[A. Time limit on filinQ ol detailed develonment nlan. The concept plan approval expires after
1-112 years unless an application for detailed development plan and, if applicable, a
preliminary plat approval or request for extension is filed Action on the detailed development
plan shafl be taken by the Planning Commission by means of a Type III-PC procedure, as
governed by Section 18.390.050, using approval criteria in 18.350.070.1
A.[B.J Zoninp, map designation. ~
[The planned development overlay zone application shall be concurrently approved if the
Page 4 of 21 September 20, 2006
detailed development plan is approved by the Planning Commission.J The zoning map shall be
amended to indicate the approved planned development designation for the subject development
site. T'he approval of the planned development overlay zone shall not expire.
,
,
18.390.040, .
a_ ~ 1i ~ r'i.~~`eF saa~,,,ti~,aaa arra., ~ u ~ i u~1 +~,a~` a`+µai~a a`vV1VtJ111V114 o~„ .,.,o.,. t.,,, rlllAll {ll./Vli fI11a• * ti,o f .,.,i ..l
t.lII1~ + L,.,
'
nf Ymn wi+h +hA n os~ *iinl dA~~Al/~r~~v~AH+ r~lnN a rAd or- rod ~ rf+~1 n Mdi+iAM[~ b)r
the-EenuntssteLl". 1 li -r~.e ao*.,•~ LV {.iiIIVoa ..i,,n sh.,ii bo .oa , „ioss +i,o D;ro,.*,,.. f.,as.
Z
KS1. TM11V v I~MII VlIN.lI *Yfv iAAN+1~11 dA [~i+'ton, +~1A ln+ A e A M<
~V ~ ~ ~ ~
b..:la:r.ns o rod..non 41.o n r.4 of ....rLing;
1,. Tza1.v o ..,a„g0 ,.0,7,,..as *L,o .,f .,..o„ s ° ...1 ~
1.,,,,as..a,.:.,~.•
v
~
. ;
e and
e. i-n2-~e inv6lShift-'izrcii-ivc£ri-iv„ „f L•,,;1d:,,,•"-pr-vpvscd .rirccc. ,
par-kiiig lot eenfigur-ation, utility e •
A .~lo..:~:~„~, 1... +l,o Tl:,. ..o..r......,.« ..,aj , i.~, ~..~.i,..~
o~lo.au 1.. vy , tL.o 1" * or- ..+L. affeeted/appr-
paFties .a
develep stantially-Eefr€erms te t#e appr-eved-ceneeptuai developnent plan
C. Extension. The Director shall, upon written request by the applicant and payment of the required
fee, grant an extension of the approval period not to exceed one year provided that:
1. No changes have been made on the original concepttW development plan as approved by
the Commission;
2. The applicant can show intent of applying for detailed development plan [or preliminary
plat] review within the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
D. Phased development.
1. The Commission shall approve a time schedule for developing a site in phases, but in no case
shall the total time period for all phases be greater than seven years without reapplying for
conceptual development plan review.
2. The criteria for approving a phased detail development plan proposal are that:
Page 5 of 21 September 20, 2006
,
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of
temporary public facilities. A temporary public facility is any facility not constructed to
the applicable City or district standard.
E. Substantial modifications to concept!i4 plan. [If the Planning Commission finds that the
detailed development plan or preliminary plat does not substantially conform to the concept
plan, a new concept plan shall be required] [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a
violation of this chapter.]
[G. Issuance oI occupancv nermits. The development shall be completed in accordance with the
approved detailed development plan including landscaping and recreation areas before any
occupancy permits are issued However, when the Director determines that immediate
execution of any feature of an approved detai[ed development plan is impractical due to
climatic conditions, unavailability of materials, or other temporary condition, the Director sha[l,
as a precondition of the issuance oJ a required permit, require the posting of a performance
bond or other surety to secure execution of the feature at a time certain not to e.zceed one year.]
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Page 6 of 21 September 20, 2006
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1$.359.898 [ 18.350.040] Conceptual Bevelepment Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of
the general information required for a Type IIIB [-PC] procedure, as governed by Section
18.390.050 [and the additional information required by 18.350.040.B.] In addition, the
applicant shall submit the following:
l. A statement of planning objectives to be achieved by the planned development through the
particular approach proposed by the applicant. This statement should include:
[a.] A description of the character of the proposed development and the rationale behind
the assumptions and choices made by the applicant.
[b. An exp[anation of the architectural sryle, and what innovative site planning principles are
utilized including any innovations in bui[ding techniques that will be employed ]
[c. An explanation of how the proposal relates to the purposes of the Planned Development
Page 8 of 21 September 20, 2006
Chapter as expressed in 18.350.010.1
[d An explanation of how the proposal utilized the Planning Commissioner's Toolbox.]
2. A[general] development schedule indicating the approximate dates when construction of the
planned development and its various phases are expected to be initiated and completed.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or
portions of the planned development. [In the case where a residential subdivision is
proposed, the statement shall inc[ude the applicant's intentions whether the applicant will
build the homes, or sell the lots to other builders.]
. ,
ft,,.,, tt,o r,:..
B. . Additional information. In addition to the general information described in Subsection A above,
the concept plan, data, and nanative shall include the following information,
the detailed content of which can be obtained from the Director:
1. Existing site conditions;
2. A site concept [including the types of proposed land uses and structures, including
housing types, and their general arrangement on the site];
3. A grading concept;
4. A landscape concept [indicating a percentage range for the amount of proposed open
space and landscaping, and general location and types of proposed open space(s);
[S. Parking concept;]
-5. [6.1 A sign concept; and
[7. A streets and utiliry concept; and]
[8. Structure Setback and Development Standards concept, including the proposed residential
density target if applicable.]
oa * +
6- J1 e"^Yy of ex.s,.: s
+•5 v. ~,av~,v ,
[C. A[lowable Usesl
1. In residential zones. In all residential zones, an applicant with a planned development
approval may develop the site to contain a mixture of uses subject to the density
provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c.
The following uses are allowed with planned development approval:
a. All uses allowed outright in the underlying zoning district;
b. Single-family detached and attached residential units;
Page 9 of 21 September 20, 2006
c. Duplex residential units;
d. Multi-family residential units;
e. Manufactured homes;
f. Accessory services and commercial uses directly serving the planned development only and
which are customary or associated with, but clearly incidental to, the residential uses
permitted in the zone [such as personal services, preschool or daycare, and retail uses less
than 5,000 square feet in sum total];
g. Community building;
h. Indoor recreation facility; athletic club, fimess center, racquetball court, swimming
pool, tennis court or similar use;
i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis
court, or similar use; and
j. Recreational vehicle storage area.
2. In commercial zones. In all commercial zones, an applicant with a planned development
approval may develop the site to contain all of the uses permitted outright in the underlying
zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi-
family dwellings in those commercial zones that do not list multi-family dwellings as an
outright use.
3. In industrial zones. In all industrial zones, a planned development shall contain only those uses
allowed outright in the underlying zoning district.
[18.350.050 Concept Plan Approval Criteria]
[A. The concept plan may be approved by the Commission only if all of the following criteria are met:
1. The concept plan includes specific designations on the concept map for areas of open space, and
describes their intended level of use, how they relate to other proposed uses on the site, and how
they protect natural features of the site.
2. The concept plan identifces areas of significant natural resources, if any, and identifies methods
for their maximized protection, preservation, and/or management.
3. The concept plan identifies how the future development will integrate into the exuting
neighborhood, either through compatible street layout, architectural style, housing type, or by
providing a transition between the existing neighborhood and the project with compatible
development or open space buffers.
4. The concept plan identifies methods for promoting walkability or transit ridership, such methods
may include separated parking bays, off street walking paths, shorter pedestrian routes than
vehicular routes, linkages to or other provisions for bus stops, etc.
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case
oJprojects that include a residential co`nponent, housing type, unit density, or generalized lot sizes .
shall be shown in relation to their proposed location on site.
Page 10 of 21 September 20, 2006
6. The concept plan must demonstrate that development of the property pursuant to the plan results
in development that has significant advantages over a standard development. A concept plan has
a significant advantage if it provides development consistent with the general purpose of the zone
in which it is located at overall densities consistent with the zone, while protecting natural features
or providing additional amenities or jeatures not otherwise available that enhance the
development project or the neighborhood J
[18.350.060 Detailed Development Plan Submission Requirements]
[A. General submission requirements. The applicant shall submit an application containing a[I of the
general information required for a Type III-PC procedure, as governed by Section 18.390.050, the
additional information required by 18.350.040.B and the approva[ criteria under 13.350.070.1
[B. Additional Information. In addition to the general information described in Subsection A above, the
detailed development plan, data, and narrative shall include the following information:
1. Contour intervals of 2 to S jt, depending on slope gradients, and spot elevations at breaks in
grade, along drainage channels or swales, and at selected points, as needed
2. A specific development schedule indicating the approximate dates of construction activity,
including demolition, tree protection installation, tree removal, ground breaking, grading, pub[ic
improvements, and building construction for each phase.
3. A copy of all existing and/or proposed restrictions or covenants.
4. Moderate to High Densiry Development Analysis. If proposing development in an area within a
Metro designated town or regional center, the following additional information may be required:
a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by
urban high-rise structures. Predominant air movement patterns in a city may be along
roadways and behveen buildings. The placement, shape, and height of existing buildings
can create air turbulence caused by micro air movement patterns. These patterns may
in,fluence the location of building elements such as outdoor areas and balconies. A/so a
building's design and placement can mitigate or increase [ocal wind turbulence.
b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be
studied to determine how they would affect the proposed building. This is particularly
important for outdoor terraces and balconies where sunlight may be desirable. Sun and
shadow patterns also should be considered as sources of internal heat gain or loss.
Building orientation, window sizes and shading devices can modify internal heat gain or
loss. Studies should include daily and seasonal patterns and the shadows the proposed
building would cast on existing buildings and open spaces.
c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a
problem. The development should be designed to compensate jor such glare or if possible,
oriented away from it]
[C. Comnliance with snecirc develonment standards. The Detailed Development Plan shall show
Page 11 of 21 September 20, 2006
compliance with base zone provisions, with the following modifications:
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply.
There shall be no minimum lot size e-xcept that lots on the perimeter of the project shall not be
less than 80% of the minimum size required in the base zone.
2. Site coverage: The maximum site coverage is 80%, e-xcept in the IP zone where the mazimum
site coverage shall be 75%. Site coverage includes a[I buildings and impervious surfaces such
as streets and sidewalks;
3. Building height: In residential zones, any increase in the building height above the maacimum
in the base zone will require that the structure be setback from the perimeter of the site a
d[stance of at least 1-112 times the height of the building.
4. Structure setback provisions:
a. Setbacks for structures on the perimeter of the project shall be the same as that required
by the base zone unless otherwise provided by Chapter 18.360;
b. The setback provisions for all setbacks on the interior of the project shall not apply e-xcept that:
(1) All structures shall meet the Uniform Building and Fire Code requirements;
(2) A minimum front yard setback of 20 feet is required for any garage structure
which opens facing a street. This setback may be reduced for rear or side loaded
garages, if specified on the detai[ed plan and proper clearances for backing
movements are accounted for.
(3) A minimum front yard setback of eight feet is required for any garage opening for
an attached single family dwelling facing a private street as long as the required
off-street parking spaces are provided This setback may be reduced for rear or side
loaded garages, if specified on the detailed plan and proper clearances for backing
movements are accounted for.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks,
either on a lot by lot, or project wide basis. The commission may require site specific building
envelopes.
5. Other provisions of the base zone. All other provisions of the base zone shall apply e-xcept as
modified by this chapter.J
18.350.100 [18.350.070 Detailed Development PIan] Approval Criteria
[A. Detai[ed Develonment Plan Annroval Criteria. A detailed development plan may be approved only
if all the following criteria are met:
1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept
plan do not make the detailed plan inconsistent with the concept plan unless:
Page 12 of 21 September 20, 2006
a The change increases the residential densilies, increases the lot coverage by buildings or
reduces the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
e. The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.J
ineifit-Fevi2iti~3e f9i4~i^vir.r-v f-Ciu^picr-c-g-3v n, orcc~eveivpmerc
Review, •
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, •
¢PPn°ati.n.
-4 [2.1 All the provisions of the land division provisions, Chapters 18.418; 18.420 [Partitions] and
18.430 [Subdivisions], shall be met [if applicable];
-2. [3.1 Except as noted, the provisions of the following chapters shall be utilized as guidelines. A'
planned development need not meet these requirements where a development plan provides
alternative designs and methods, if acceptable to the Commission, that promote the purpose
of this [chapter] sesfien. In each case, the applicant must provide findings to justify the
modification of the standards in the chapters listed in cubs°e*ie~ ~ below. [The applicant
shall respond to all the applicable criteria of each chapter as part of these findings and
clearly identify where their proposal is seeking a modification to the strict application oJ
the standards. For those chapters not specifically exempted, the applicant bears the burden
of fully complying with those standards, unless a variance or adjustment has been
requested ]
,
[a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site
Development Review, are not applicable to Planned Development Reviews. The
detai[ed development plan review is intended to address the same type of issues as
the Site Development Review.]
[b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an
exception to the access standards, upon a demonstration by a professional
engineer that the resulting access will not be detrimenta[ to the public safery
Page 13 of 21 September 20, 2006
considering emergency vehicle needs, and provisions are provided for all modes of
transportation using the site (vehicles, bicycles, pedestrians, and transit).J
-a: [c.] Chapter 18.715, Density Computation and Limitations. Unless authorized below,
density shall be governed by the density established in the underlying zoning
district, [using the minimum lot size established for that district. Where a project
site encompasses more than one underlying zoning district, density shall be
aggregated jor each district, and may be allocated anywhere within the project
site, as deemed appropriate by the commission.]
The Commission may further authorize a density bonus not to exceed 10% as an
incentive to increase or enhance open space, architectural character and/
or site variation incorporated into the development. These factors must make a
substantial contribution to objectives of the planned development. The degree of
distinctiveness and the desirability of variation achieved shall govern the amount of
density increase which the Commission may approve according to the following:
(1) (A 1% bonus for each S% of the gross site area set aside in open space, up to a
maximum of S%,J ^-„^xim••-„ ^f 3% is allowed for the provision of [active use
recreational open space] , exclusive of areas
contained in floodplain, [steep] slopes g-°^*°r *ha^ , drainageways, or
wetlands that would otherwise be precluded from development;
(2) [Up to a maximum of S% is allowed for the development of pedestrian amenities,
streetscape developmenl, recreation areas, plazas, or other items from the
"Planning Commission's Toolbox "J
0
; str-eetseape ; developed
open , ;
.,,,ai„ ..oto.,*:,,., „f o •s*:..,, vegetation;
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0
;
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(4) 0
;
J ;
Af ho n types.
[d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an
exception to the landscape requirements of this title upon a fnding that the overall
landscape plan was prepared by a licensed landscape architect, provides for 20% of
the net site area to be professionally landscaped, and meets the intent of the specific
standard being modified ]
[e.J Chapter 18.765, OfF street Parking and Loading Requirements. [The Commission may
grant an exception to the oJf-street parking dimensional and minimum number of
space requirements in the applicable zone if :
Page 14 of 21 September 20, 2006
(1) The minimum number of parking spaces is not reduced by more than 10
percent of the required parking; and
(2) The application is for a use designed for a specific purpose which is
intended to be permanent in nature, eg., a nursing home, and which has
a[ow demand for off-street parking; or
(3) There is an opportunity for sharing parking and there is written evidence
that the properly owners are willing to enter into a legal agreement; or
(4) Public transportation is available to the site, and reducing the standards
will not adversely affect adjoining uses; or
(S) There is a community interest in the preservation of particular natural
features of the site which make it in the public interest to grant an
exception to_p.arking standards.J
[f.J Chapter 18.780, Signs~The Commission may grant an e-xception to the sign
dimens nal require~nts in the applicable zone if.• v 1
(1) The sign is not increased by more than 10 perce . Lof-th required
appli~Able_dimensional standard for signs; and
(2) :The exception is necessary for adequate on e
operty; and
(3) The sign will be compatible with the overall site plan, the structural
improvements and with the structures and uses on adjoining properties.J
[g.] Chapter 18.795, Visual Clearance Areas. jThe Commission may grant an e-xception
to the visual clearance requirements, when adequate sight distance is or can be
met;J
[ h.J Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and
18.810.060, Lots. Deviations jrom street standards shall be made on a limited
basis, and nothing in this section shall obligate the City Engineer to grant an
exception. The Commission has the authority to reject an e-xception request. The
Commission can only grant an e-xception to street sanctions if it is sanctioned by
the City Engineer. The City Engineer may determine that certain exceptions to
the street and utility standards are permissible when it can be shown that:
(1) Public safety will not be compromised; and
(2) In the case of pub[ic streets, maintenance costs will not be greater than with
a conforming design; and
Page 15 of 21 September 20, 2006
l
(3) The design will improve stormwater conveyance either by reducing the rate
or amount of runoff from present standards or increasing the amount of
pollutant treatment.J
. Chapter- 18.730, ;
. Chapter- 18.795, t
d rh.,,,+er- 18.7 43~~~~~~~
e. Cht'~tef 18.765,--vff-"JCiccc-Paf-kiarb aiid h°"umiagzcccliiii°cnicnts-,
. Chapter- 18.705, Aeeess, >
18.780, Signs.
-3-. [4.1 In addition, the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1) The streets, buildings and other site elements shall be designed and located to preserve
the existing trees, topography and natural drainage to the greatest degree possible. [The
commission may require the applicant to provide an alternate site plan to demonstrate
compliance with this criterion; J
(2) Structures located on the site shall not be in areas subject to ground slumping and sliding [as
demonstrated by the inclusion of a specific geotechnical evaluation;]
f,. „+o,..•,.
ft,
(4) [(3) Using the basic site ana[ysis information from the concept plan submittal,J the
structures shall be oriented with consideration for the sun and wind directions, where
possible; and
+ t,•o,.~ .i.o
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r-equi nts „f r~..,.,+o,.1Q 790~r,.oo nv.,.,,,.,.,i
b. Buffering, screening and compatibility between adjoining uses:
(1) Buffering shall be provided between different types of land uses, e.g., between
single-family and multi-family residential, and residential and commercial uses;
(2) In addition to the requirements of the buffer matrix (Table 18.745.1), [the
requirements of the buffer may be reduced if a landscape plan prepared by a
registered Landscape Architect is submitted that attains the same [evel of buffering
and screening with alternate materials or methods.] The following factors shall be
considered in determining the adequacy and extent of the buffer required under
Chapter 18.745:
(a) The purpose of the buffer, for example to decrease noise levels, absorb air
pollution, filter dust, or to provide a visual barrier;
(b) The size of the buffer needs in terms of width and height to achieve the purpose;
(c) The direction(s) from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
Page 16 of 21 September 20, 2006
(3) On-site screening from view from adjoining properties of such activities as service areas,
storage areas, parking lots and mechanical devices on roof tops shall be provided and the
following factors shall be considered in determining the adequacy of the type and extent
of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
c. Privacy and noise: Non-residential structures which abut existing residential dwellings
shall be located on the site or be designed in a manner, to the maximum degree possible,
to protect the private areas on the adjoining properties from view and noise;
[d Ezterior elevations - single family attached and multiple family structures: Along the
vertical face of single family attached and multiple family structures, offsets shal[ occur
at a minimum of every 30 feet by providing any hvo of the following:
(1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight
feet;
(2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight
feet, a maximum length of an overhang shall be 25 feet; and
(3) Offsets or breaks in roof elevations of three or more feet in height.J
d. [e.] Private outdoor area [residentialJ fnuiti fafnily use: (1) ==aad;*;on to +h° °n+s of s„b„°r^g°ph (3`, [Exc[usive of any other required
open space facility,J each ground-level residential dwelling unit shall have an
outdoor private area (patio, terrace, [or] porch) of not less than 48 square feet [with a
minimum width dimension of four feet; J
(2) Wherever possible, private outdoor open spaces should be oriented toward the sun;
and
(3) Private outdoor spaces shall be screened or designed to provide privacy for the use of
the space.
e. [j.J Shared outdoor recreation areas -[residential] ~~lti family use:
(i) aaa r., „aa:+:va„ a * c
„ ..~.s (2) ,,,,a (3) „f +~,;s v,.+:,, [Exclusive of any other
uuua~a
required open space facilities,J each mtiltiple-well:
Ing- [residential] development
shall incorporate shared usable outdoor recreation areas within the development
plan as follows:
(a) Studio units up to and including two bedroom units, 200 square feet per unit; and
(b) Three or more bedroom units, 300 square feet per unit.
(2) Shared outdoor recreation space shall be readily observable from adjacent units for
reasons of crime prevention and safety;
(3) The required recreation space may be provided as follows:
(a) it may be-a~etAde er--spae e;eF
; for- ,
;
;
Page 17 of 21 September 20, 2006
(d) it fna3`be pai4 eeffffnen-space-and part private; for- exampie, • ,.*a,,,,..
to,.,,;s ,,..t, ,„a,,,... o o.,+;,,., ..a b.,l,.,,.,;os ° ~
, .
[(a) Additional outdoor passive use open space faci[ities;
(b) Additional outdoor active use open space jaci[ities;
(c) Indoor recreation center; or
(d) A combination of the above.J
[g. Demarcation of pub[ic, semi public and private spaces for crime prevention:
(1) The structures and site improvements shal[ be designed so that public areas such
as streets or public gathering places, semi public areas and private outdoor areas
are clear[y defined to establish persons having a right to be in the space, to provide
for crime prevention and to establish maintenance responsibility; and
(2) These areas may be defined by, but not limited to:
(a) A deck, patio, low wall, hedge, or draping vine;
(b) A trel[is or arbor;
(c) A change in elevation or grade;
(d) A change in the texture of the path material;
(e) Sign; or
(o Landscaping.J
€ [h.] Access and circulation:
(1) The number of [required] allewed access points for a development shall be provided
in Chapter 18.705;
(2) All circulation patterns within a development must be designed to accommodate
emergency [and service] vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a
site] if such facilities are shown on an adopted plan [or terminate at the boundaries
of the project site.]
g. [i.] Landscaping and open space:
(1) Residential Development: In addition to the [buffering and screening requirements of
paragraph b of this subsection, and any minimal use open space facilities,J
,.eY ,,,,:..o „+s „f s„b...,..., K,~_ (.I..,.,~,~1./11J .,.,a (c) of s f ' a minimum of
~l ~ lT
20 percent of the site shall be landscaped. [This may be accomplished in improved open
space tracts, or with landscaping on individual lots provided the developer includes a
landscape plan, prepared or approved by a licensed landscape architect, and suretyfor
such landscape installation;J
"~'--Gewunervial Deuelspm°,t. minimum e€-15-per-sent ef h ~l b
landssaped; --and
(3) industr-ial .
[j.J Public transit:
Page 18 of 21 September 20, 2006
(1) Provisions for public transit may be required where the site abuts [or is within a%
mile oJJ a public transit route. The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities [may include but are not necessarily limited to] s"a"')°'imi+°a
0
te such facilities as:
(a) A waiting shelter;
(b) A turn-out area for loading and unloading; and
(c) Hard surface paths connecting the development to the waiting area.
[(3) If provision of such public transit facilities on or near the site is not feasible, the
developer may contribute to a fund for public transit improvements provided the
Commission establishes a direct relationship and rough proportionality between the
impact of the development and the requirement.]
r., .,ad:.:,,., +t,o pr-evisions ,.f Ct,.,..+o.. 18•780, c:g
•
; anA
~rt,o sigfis st,.,ti .,o. „t~s,.,,,.o <>oi.;,.io a,.:.,o..~s s a• *
C°TT'~' i
j- [k.] Parking:
(1) All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter Ghapte~ 18.765;
(2) Up to 50% of required off-street parking spaces for single-family attached dwellings
may be provided on one or more common parking lots within the planned
development as long as each single-family lot contains one off-street pazking space.
k-. [I.]Drainage: All drainage provisions shall be generally laid out in accordance with the
requirements set forth in Chapter [18.S10.J4.T5, „^a er:*°r:a *h° aaop*°a 1981 --,as*or
~v''''
;[An app[icant may propose an alternate means for stormwater conveyance on
the basu that a reduction of stormwater runoff or an increase in the level of treatment will
result from the use of such means as green streets, porous concrete, or eco roofs.]
1-. [m.JFloodplain dedication: Where landfill and/or development is allowed within or adjacent
to the 100-year floodplain, the City shall require consideration of the dedication of
sufficient open land area for a greenway adjoining and within the floodplain. This area
shall include portions of a suitable elevation for the construction of a pedestrian/bicycle
pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway
plan.
[n.J 18.350.110 Shared Open Space [Facilities: The detailed development plan shall
designate a minimum of 20% of the gross site area as a shared open space facility.
The open space faci[ity may be comprised of any combination oJthe following:
Page 19 of 21 September 20, 2006
(1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied
by reserving areas for minimal use. Typica[ly these areas are designated around
sensitive lands (steep slopes, wetlands, streams, or 100 yearJloodp[ain).
(2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied
by providing a detailed development plan for improvements (including landscaping,
irrigation, pathway and other structural improvements) for passive recreational use.
(3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping,
irrigation, pathway and other structural improvements) for active recreational use.
(4)The open space area shall be shown on the final plan and recorded on the final plat
or covenants.J
[o. Open Space Conveyance. Where a proposed park, p[ayground or other public use shown in a
plan adopted by the City is located in whole or in part in a subdivision, the Commission may
require the dedication or reservation oJ such area within the subdivision, provided that the
reservation or dedication is roughly proportional to the impact of the subdivision on the park
system.
Where considered desirable by the Commission in accordance with adopted comprehensive
plan policies, and where a development plan of the City does not indicate proposed pub[ic use
areas, the Commission may require the dedication or reservation of areas within the
subdivision or sites of a character, extent and location suitable for the development of parks
or other public use, provided that the reservation or dedication is roughly proportional to the
impact oJ the subdivision on the park system. The open space shall be conveyed in
accordance with one of the following methods:J
; and
.
a
a- [(1) Public Ownership.J RJ (]1 a~ w < < < Vil'~a:~K~*:~: *~lav ° r;*-, {i~s t/KV11V1y VY ,YllVaa a maifftaine
epea-spase- Open space proposed for dedication to the City must be acceptable to it
with regard to the size, shape, location, improvement and budgetary and
maintenance limitations [A determination of City acceptance shall be made in
writing by the Parks & Facilities Division Manager prior to final approvaL
Dedications of open space may be eligible for Systems Development Charge
credits, usable only for the proposed development. If deemed to be not acceptable,
the open space shall be in private ownership as described below;]
[(2) Private Ownership.] By leasing-e~ conveying title (including beneficial ownership)
to a corporation, home association or other legal entity,[and granting a conservation
easement to the City in a form acceptable by the City. The terms of the
conservation easement must include provisions for the fo[Iowing:J
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~
Page 20 of 21 September 20, 2006
o.,+ „F ,..,.,..oy»,,,.o ,st :.,,.l,,.ao previsions ,:+.,L.lo t„ +l,o C:+..
1VGLJV lo„~o Vl pllipC I ,.+l,e.. ;,,~+,.....,IIJF1ZTiZiV
•r tAY li H*AAi~1lt +MA tAllP~~rfv~R.
(o (a) The continued use of such land for the intended purposes;
(2-) (b)Continuity of property maintenance;
(3.) (c) When appropriate, the availability of funds required for such maintenance;
(4) (d) Adequate insurance protection; and
(5) (e) Recovery for loss sustained by casualty and condemnation or otherwise.
Page 21 of 21 September 20, 2006
' Attachment 2
Clean Copy
Proposed Pianned Developments Code Revisions, September 2006
Chapter 18.120
DEFINITIONS
55. "Density bonus" - Additional dwelling units that can be earned as an incentive for providing
undeveloped open space, landscaping, or tree canopy as defined further in this code.
87. "Landscaping" - Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground
cover together with other natural or artificial supplements such as water courses, ponds, fountains,
decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and
screens.
104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned:
a. "Minimal Use Facilities." No other improvements (apart from underground utilities and natural and
ecological enhancements) ) are allowed.
b. "Passive Use Facilities." Areas reserved for medium-impact recreation and education uses related to the
functions and values of a natural area that require limited and low impact site improvement, including soft
surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks
informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities.
Accommodations for ADA access shall be provided where site considerations permit.
c. "Active Use Facilities." Areas reserved for high-impact recreation that require a greater degree of site
' development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters,
swimming pools, hard and soft surface pathways, restrooms, and similar facilities.
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose
18.350.020 Process
18.350.030 Administrative Provisions
18.350.040 Concept Plan Submission Requirements
118.350.050 Concept Plan Approval Criteria
18.350.060 Detailed Development Plan Submission Requirements
18.350.070 Detailed Development Plan Approval Criteria
18.350.010 Purpose
A. Puroose• The purposes of the planned development overlay zone are:
1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan
through the application of flexible standards which consider and mitigate for the potential impacts to the
City; and .
Page 1 of 15 September 20, 2006
2. To provide such added benefits as increased natural areas or open space in the City, alternative building
designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other
types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of
the Tigard Community Development Code; and
3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of
open space, innovative transportation facilities) which will retain their character and city benefits, while
respecting the characteristics of existing neighborhoods through appropriate buffering and lot size
transitioning; and
4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water
resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of
alternatives, conceptual review, then detailed review) that can relate the type and design of a
development to a particular site; and
5. To consider an amount of development on a site, within the limits of density requirements, which will
balance the interests of the owner, developer, neighbors, and the City; and
6. To provide a means to better relate the built environment to the natural environment through sustainable
and innovative building and public facility construction methods and materials.
18.350.020 Process
A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An
applicant may elect to develop the project as a planned development, in compliance with the requirements of
this chapter, or in the case of a commercial or industrial project an approval authority may apply the
provisions of this chapter as a condition of approving any application for the development.
B. Elements of approval process. There are three elements to the planned development approval process, as
follows:
1. The approval of the planned development concept plan; and
2. The approval of the detailed development plan;
3. The approval of the planned development overlay zone.
C. Decision-making- process.
1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by
Section 18.390.050, using approval criteria contained in Section 18.350.050.
2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as
governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept
plan.
3. The planned development overlay zone will be applied concurrently with the approval of the
detailed plan.
4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject
to meeting all of the approval criteria for each approval. All applicants are advised that the
Page 2 of 15 September 20, 2006
purpose of separating these applications is to provide them clear direction in developing
the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.
5. In the case of an existing planned development overiay zone, once construction of the detailed plan has
been completed, subsequent applications conforming to the detailed plan shall be reviewed under the
provisions required in the chapter which apply to the particular land use application.
6. If the app[ication involves subdivision of land, the applicant may also apply for preliminary plat
approval and the applications shall be heard concurrently with the detailed plan.
D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for
concept plan and detailed development plan, including subdivision applications, the appticant shall clearly
distinguish the concept from the detailed plan. The Planning Commission shatl take separate actions on each
element of the Planned Development application (i.e. the concept approval must precede the detailed
development approva(); however each required action may be made at the same hearing.
18.350.030 Administrative Provisions
A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless
an application for detailed development plan and, if applicable, a preliminary plat approval or request for
extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by
means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.
B. Zoning map designation. The planned development overlay zone application shall be concurrently approved
if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended
to indicate the approved planned development designation for the subject development site. The approval of
the planned development overlay zone shall not expire.
C. Extension. The Director shall, upon written request by the applicant and payment of the required fee,
grant an extension of the approval period not to exceed one year provided that:
1. No changes have been made on the original concept development plan as approved by the Planning
Commission;
2. T'he applicant can show intent of applying for detailed development plan or preliminary plat review
within the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
D. Phased development.
1. The Commission may approve a time schedule for developing a site in phases, but in no case shall the
total time period for all phases be greater than seven years without reapplying for concept development
plan review.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
Page 3 of 15 September 20, 2006
b. The development and occupancy of any phase shall not be dependent on the use of temporary
public facilities. A temporary public facility is any facility not constructed to the applicable City
or district standard.
E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed
development plan or preliminary plat does not substantially conform to the concept plan, a new concept
plan shall be required.
F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this
chapter.
G. Issuance of occupancy permits. The development shall be completed in accordance with the approved
detailed development plan including landscaping and recreation areas before any occupancy permits are
issued. However, when the Director determines that immediate execution of any feature of an approved
detailed development plan is impractical due to climatic conditions, unavailability of materials, or other
temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the
posting of a performance bond or other surety to secure execution of the feature at a time certain not to
exceed one yeaz.
18.350.040 Concept Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type III-PC procedure, as governed by Section 18390.050 and the additional
information required by 18.350.040.B. In addition, the applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through the
particular approach proposed by the applicant. This statement should include:
a. A description of the character of the proposed development and the rationale behind the
assumptions and choices made by the applicant.
b. An explanation of the architectural style, and what innovative site planning principles are
utilized including any innovations in building techniques that wili be employed.
c. An explanation of how the proposal relates to the purposes of the Planned Development
Chapter as expressed in 18.350.010.
d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.
2. A general development schedule indicating the approximate dates when construction of the
planned development and its various phases aze expected to be initiated and completed.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or
portions of the planned development. In the case where a residentia( subdivision is proposed, the
statement shall include the applicant's intentions whether the applicant will build the homes, or
sell the lots to other builders.
B. Additional information. In addition to the general information described in Subsection A above, the
concept plan, data, and narrative shall include the following information, the detailed content of which
can be obtained from the Director:
Page 4 of 15 September 20, 2006
1. Existing site conditions;
2. A site concept including the types of proposed land uses and structures, including housing types, and
their general arrangement on the site;
3. A grading concept;
4. A landscape concept indicating a percentage range for the amount of proposed open space and
landscaping, and general location and types of proposed open space(s);
5. Parking concept
6. A sign concept;
7. A streets and utility concept; and
8. Structure Setback and Development Standards concept, including the proposed residential density
target if applicable.
C. Allowable Uses
1. In residential zones. In all residential zones, an applicant with a planned development approval may develop
the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density
bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval:
a. All uses allowed outright in the underlying zoning district;
b. Single-family detached and attached residential units;
c. Duplex residential units;
d. Multi-family residential units;
e. Manufactured homes;
f. Accessory services and commercial uses directly serving the planned development only and
which are customary or associated with, but clearly incidental to the uses permitted in the zone,
such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in
sum total;
g. Community building;
h. Indoor recreation facility; athletic club, fttness center, racquetball court, swimming pool,
tennis court or similar use;
i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or
similaz use; and
j. Recreational vehicle storage area.
Page 5 of 15 September 20, 2006
2. In commercial zones. In all commercial zones, an applicant with a planned development approval may
develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a
maximum of 25% of the total gross floor area may be used for muiti-family dwellings in those commercial
zones that do not list multi-family dwellings as an outright use.
3. In industriat zones. In all industrial zones, a planned development shall contain only those uses allowed
outright in the underlying zoning district.
18.350.050 Concept Plan Approval Criteria
A. The concept plan may be approved by the Commission only if all of the following criteria are met:
l. The concept plan includes specific designations on the concept map for areas of open space, and describes
their intended level of use, how they relate to other proposed uses on the site, and how they protect natural
features of the site.
2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their
maximized protection, preservation, and/or management.
3. The concept plan identifies how the future development will integrate into the existing neighborhood, either
through compatible street layout, architectural style, housing type, or by providing a transition between the
existing neighborhood and the project with compatible development or open space buffers.
4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include
separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to
or other provisions for bus stops, etc.
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects
that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in
relation to their proposed location on site.
6. T'he concept plan must demonstrate that development of the property pursuant to the plan results in
development that has significant advantages over a standard development. A concept plan has a significant
advantage if it provides development consistent with the general purpose of the zone in which it is located at
overall densities consistent with the zone, while protecting natural features or providing additiona( amenities
or features not otherwise availabte that enhance the development project or the neighborhood.
18.350.060 Detailed Development Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application containing all of the general
information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information
required by 18.350.040.13 and the approval criteria under 13.350.070.
B. Additional Information. In addition to the general information described in Subsection A above, the detailed
development plan, data, and narrative shall include the following information:
1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along
drainage channels or swales, and at selected points, as needed
2. A specific development schedule indicating the approximate dates of construction activity, including
Page 6 of 15 September 20, 2006
demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and
building construction for each phase.
3. A copy of atl existing and/or proposed restrictions or covenants.
. a Metro
regiona cen er , e o owing a iiona m
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a s c arac enstic o a region may be greatly modifie
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ri . re ommant air
mov
qulildiaI ~g o existing buildings can create air turbulence c
ovement patterns. ese p ents
• . so a uilding's design and p acemen can mi igate or mcrease
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~ b. . s a ow pa erns ' to
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. uies s ou mc u e ai y an sggsona pa d
ltff s adows the proposed building wou cas ces.
a ~acent structures such as glass-cla ui ~ e
lare r '
C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with
base zone provisions , with the following modifications:
1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall
be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the
minimum size required in the base zone.
2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site
coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and
sidewalks;
3. Building height: In residential zones, any increase in the building height above the maximum in the base
zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2
times the height of the building.
4. Structure setback provisions:
a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base
zone unless otherwise provided by Chapter 18.360;
b. The setback provisions for all setbacks on the interior of the project shall not apply except that:
(1) All structures shall meet the Uniform Building and Fire Code requirements;
Page 7 of 15 September 20, 2006
(2) A minimum front yard setback of 20 feet is required for any garage structure which opens
facing a street. This setback may be reduced for rear or side loaded garages, if specified on
the detailed plan and proper clearances for backing movements are accounted for.
(3) A minimum front yard setback of eight feet is required for any garage opening for an
attached single-family dwelling facing a private street as long as the required off-street
parking spaces are provided. This setback may be reduced for rear or side loaded garages, if
specified on the detailed plan and proper clearances for backing movements are accounted
for.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks,
either on a lot by lot, or project wide basis. The commission may
require site specific building envelopes.
5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified
by this chapter.
18.350.070 Detailed Development Plan Approval Criteria
A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if a(1 the
following criteria are met:
1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not
make the detailed plan inconsistent with the concept plan unless:
a. The change increases the residential densities, increases the lot coverage by buildings or reduces
the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d. The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
e. The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.
2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions,
shall be met if applicable;
3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned
development need not meet these requirements where a development plan provides alternative designs
and methods, if acceptable to the Commission, that promote the purpose of this chapter. [n each case, the
applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and
clearly identify where their proposal is seeking a modification to the strict application of the standards.
For those chapters not specifically exempted, the applicant bears the burden of fully complying with
those standards, unless a variance or adjustment has been requested.
Page 8 of 15 September 20, 2006
a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site
Development Review, are not applicable to Planned Development Reviews. The detailed
development plan review is intended to address the same type of issues as the Site
Development Review.
b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception
to the access standards, upon a demonstration by a professional engineer that the resulting
access will not be detrimental to the public safety considering emergency vehicle needs, and
provisions are provided for all modes of transportation using the site (vehicles, bicycles,
pedestrians, and transit).
c. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density
shall be governed by the density established in the underlying zoning district, using the
minimum lot size established for that district. Where a project site encompasses more than
one underlying zoning district, density shall be aggregated for each district, and may be
allocated anywhere within the project site, as deemed appropriate by the commission.
The Commission may further authorize a density bonus not to exceed 10% as an incentive to
increase or enhance open space, architectural character and/or site variation incorporated
into the development. These factors must make a substantial contribution to objectives of
the planned development. The degree of distinctiveness and the desirability of variation
achieved shall govern the amount of density increase which the Commission may approve
according to the following:
(1) A 1% bonus for each 5% of the gross site area set aside in open space, up to a
maximum of 5%, is allowed for the provision of active use recreational open space,
exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands
that would otherwise be precluded from development;
(2) Up to a maximum of 5% is allowed for the development of pedestrian amenities,
streetscape development, recreation areas, plazas, or other items from the "Planning
Commission's Toolbox."
d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the
landscape requirements of this title upon a finding that the overall landscape plan was
prepared by a licensed landscape architect, provides for 20% of the net site area to be
professionally landscaped, and meets the intent of the specific standazd being modified.
e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant
an exception to the off-street parking dimensional and minimum number of space
requirements in the applicable zone if :
(1) The minimum number of parking spaces is not reduced by more than 10 percent of
the required parking; and
(2) The application is for a use designed for a specific purpose which is intended to be
permanent in nature, e.g., a nursing home, and which has a low demand for off-
street parking; or
Page 9 of 15 September 20, 2006
(3) There is an opportunity for sharing parking and there is written evidence that the
property owners are willing to enter into a legal agreement; or
(4) Public transportation is available to the site, and reducing the standazds will not
adversely affect adjoining uses; or
(5) There is a community interest in the preservation of particular natural features of
the site which make it in the public interest to grant an exception to parking
standards.
f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional
requirements in the applicable zone if :
(1) The sign is not increased by more than 10 percent of the required applicable
dimensional standard for signs• and ~ e
.
' v; 5•,b',
(2) The exception is necessary for adequate i V on the prope yrf ;
and
(3) The sign will be compatible with the overall site plan, the structural improvements
and with the structures and uses on adjoining properties.
g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the
visual clearance requirements, when adequate sight distance is or can be met;
h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and
18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and
nothing in this section shall obligate the City Engineer to grant an exception. The
Commission has the authority to reject an exception request. The Commission can only
grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City
Engineer may determine that certain exceptions to the street and utility standards are
permissible when it can be shown that:
(1) Public safety will not be compromised; and
(2) In the case of public streets, maintenance costs will not be greater than with a
conforming design; and
(3) The design will improve stormwater conveyance either by reducing the rate or
amount of runoff from present standards or increasing the amount of pollutant
treatment.
4. In addition, the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1) The streets, buildings and other site elements shall be designed and located to
preserve the existing trees, topography and natural drainage to the greatest degree
possible. The commission may require the applicant to provide an alternate site
plan to demonstrate compliance with this criterion;
Page 10 of 15 September 20, 2006
(2) Structures located on the site shall not be in areas subject to ground slumping and
sliding as demonstrated by the inclusion of a specific geotechnical evaluation;
(3) Using the basic site analysis information from the concept plan submittal, the
structures shall be oriented with consideration for the sun and wind directions,
where possible; and
b. Buffering, screening and compatibility between adjoining uses:
(i) Buffering shall be provided between different types of land uses, e.g., between
single-family and multi-family residential, and residential and commercial uses;
(2) In addition to the requirements of the buffer matrix (Table 18.745.1), the
requirements of the buffer may be reduced if a landscape plan prepared by a
registered Landscape Architect is submitted that attains the same level of
buffering and screening with alternate materials or methods. The following
factors shall be considered in determining the adequacy and extent of the buffer
required under Chapter 18.745.:
(a) The purpose of the buffer, for example to decrease noise levels,
absorb air pollution, filter dust, or to provide a visual barrier;
(b) The size of the buffer needs in terms of width and height to
achieve the purpose;
(c) The direction(s) from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
(3) On-site screening from view from adjoining properties of such activities as
service areas, storage areas, parking lots and mechanical devices on roof tops
shall be provided and the following factors shall be considered in determining the
adequacy of the type and extent of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located
on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on
the adjoining properties from view and noise;
d. Exterior elevations - Single-family attached and multiple-family structures: Along the vertical face
of single-family attached and multiple-family structures, offsets shall occur at a minimum of every
30 feet by providing any two of the following:
(1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet;
Page 11 of 15 September 20, 2006
(2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a
maximum length of an overhang shall be 25 feet; and
(3) Offsets or breaks in roof elevations of three or more feet in height.
e. Private outdoor area - residential use:
(1) Exclusive of any other required open space facility, each ground-level residential dwelling unit
shall have an outdoor private area (patio, terrace, or porch) of not less ihan 48 square feet with
a minimum width dimension of four feet;
(2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and
(3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the
space.
f. Shared outdoor recreation and open space facility areas - residential use:
(1) Exclusive of any other required open space facilities, each residential dwelling development
shall incorporate shared usable outdoor recreation areas within the development plan as
follows:
(a) Studio units up to and including two bedroom units, 200 square feet per unit;
(b) Three or more bedroom units, 300 square feet per unit.
(2) Shared outdoor recreation space shall be readily observable from adjacent units for
reasons of crime prevention and safety;
(3) The required recreation space may be provided as follows:
(a) Additional outdoor passive use open space facilities;
(b) Additional outdoor active use open space facilities;
(c) Indoor recreation center; or
~ (d) A combination of the above.
- prevention:
(1) rovements s a be designed so that pu ic ar eets
VV~f~ , ' ' rareas to senii ~ a r~g o e m t e space, to provM ion and.to
_esta lish maintenance respo s.~tailit,v; d
y, ut not imi e .
, , vine•
Page 12 of 15 September 20, 2006
kv) re►s or ar ,
e;
aterial;
ign; or
~fl i,andsc2~ning
9 -44. Access and circulation:
(1) The number of required access points for a development shall be provided in Chapter 18.705;
(2) All circulation patterns within a development must be designed to accommodate
emergency and service vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site
if such facilities are shown on an adopted plan or terminate at the boundaries of the
project site.
Landscaping and open space:
(1) Residential Development: In addition to the buffering and screening requirements of paragraph b
of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the
site shall be landscaped. This may be accomplished in improved open space tracts, or with
landscaping on individual lots provided the developer includes a landscape plan, prepared or
approved by a licensed landscape architect, and surety for such landscape installation;
.il, y_Public transit:
(1) Provisions for public transit may be required where the site abuts or is within a'/o
mile of a public transit route. The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities may include but are not necessarily limited to such facilities as:
(a) A waiting shelter;
(b) A turn-out area for loading and unloading; and
(c) Hazd surface paths connecting the development to the waiting area.
(3) If provision of such public transit facilities on or near the site is not feasible, the developer
may contribute to a fund for public transit improvements provided the Commission
establishes a direct relationship and rough proportionality between the impact of the
development and the requirement.
Page 13 of 15 September 20, 2006
J --k~ Parking:
(1) Al I parking and loading areas shall be generally laid out in accordance with the
requirements set foRh in Chapter 18.765;
(2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be
provided on one or more common parking lots within the planned development as long as
each single-family lot contains one off-street parking space.
~---1., Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set
forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on
the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from
the use of such means as green streets, porous concrete, or eco roofs.
Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-
year floodplain, the City shall require consideration of the dedication of sufficient open land area for a
greenway adjoining and within the floodplain. This azea shall include portions of a suitable elevation
for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian bicycle pathway plan.
`-u_ Shared Open Space Facilities: The detailed development plan shall designate a minimum of 20% of the
gross site area as a shared open space facility. The open space facility may be comprised of any
combination of the following:
(1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by
reserving areas for minimal use. Typically these areas are designated around sensitive lands
(steep slopes, wetlands, streams, or 100 year floodplain).
(2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for passive recreational use.
(3) Active Use Eacilities. Up to 100°/a of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for active recreational use.
(4) The open space area shall be shown on the final plan and recorded on the final plat or
covenants.
~'--.c. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan
adopted by the City is located in whole or in part in a subdivision, the Commission may require the
dedication or reservation of such area within the subdivision, provided that the reservation or dedication
is roughly proportional to the impact of the subdivision on the park system.
Where considered desirable by the Commission in accordance with adopted comprehensive plan policies,
and where a development plan of the City does not indicate proposed public use azeas, the Commission
may require the dedication or reservation of areas within the subdivision or sites of a character, extent
and location suitable for the development of parks or other public use, provided that the reservation or
dedication is roughly proportional to the impact of the subdivision on the park system. The open space
shall be conveyed in accordance with one of the following methods:
Page 14 of 15 September 20, 2006
(1) Pub(ic Ownership. Open space proposed for dedication to the City must be acceptable to it
with regard to the size, shape, location, improvement and budgetary and maintenance
limitations. A determination of City acceptance shall be made in writing by the Parks &
Facilities Division Manager prior to final approval. Dedications of open space may be
eligible for Systems Development Charge credits, usable only for the proposed
development. If deemed to be not acceptable, the open space shall be in private ownership
as described below;
(2) Private Ownership. By conveying title (including beneficial ownership) to a corporation,
home association or other legal entity, and granting a conservation easement to the City in a
form acceptable by the City. The terms of the conservation easement must include
provisions for the following:
(a) The continued use of such land for the intended purposes;
(b) Continuity of property maintenance;
(c) When appropriate, the availability of funds required for such maintenance;
(d) Adequate insurance protection; and
(e) Recovery for loss sustained by casualty and condemnation or otherwise.
Page 15 of 15 September 20, 2006
' Attachment 3
Commissioner Caffall believes the applicant has considered every conceivable angle to make
the development work. He realizes there urill'be glitches with the parking, but the buyers will
have to deal with it.
President Inman believes there may be better opportunities for the pocket park. Other than
the redwood tree, she thinks the patk is mispla.ced. She also agrees about the parking, but
realizes tha,t this is what happens with these types of projects.
Commissionex Walsh hopes that the giant redwood is well preserved during the demolirion
and construction phases of the project.
Commissioner Buehner noted that when she attended the neighborhood meeting, she
expressed concerns about these same iterns. She had recommended the developer look at the
proposed changes for the PD code. She is pleased that they took what the intent of the new
code is and incorporated some of the ideas into the plan.
For clarification of condition #24, it was noted that the Planning Commission is in favor of
leaving the sidewalks in front of units 69-83 as shown on the plan.
Commissioner Buehnex moved for approval of Subdivision (SUB) 2006-10001/Planned
Development Review (PDR) 2006-10001/Zone Change (ZON) 2006-10001/Sensitive Lands
Review (SLR) 2006-10003,10004,10006 & 2006-00006/Tree Removal Permit (TRE) 2006-
00011 & 00012/Variance (VAR) 2006-00070, 00071 & 00072, based upon the staff report and
the testimony received at the hearing, with the clarification of #24. Commissioner Caffall
seconded the motion. The motion passed unanimously.
5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00003 PLANNED
DEVELOPMENT CODE AMENDMENT
REQUEST: The applica.nt is requesting approval of a Development Code Amendment
to change the procedures and approval criteria for Planned Developments (Chapter
18350) and add Definitions in Chapter 18.120. The proposed changes to Chapter 18.350
include a new purpose statement, and a new approval process and approval criteria.
Related definitions of "density bonus", "landscaping", and open space facility" would be
added to the Defuutions Chapter (18.120). 1"he complete text of the proposed Code
Amendment can be viewed at http://www.tigatd-or.gov/code_ amendments.
LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.120, 18.350 and 18.390; Comprehensive
Plan Policies 1, 2, 3 and 6 and Statewide Planning Goals 1 and 2.
STAFF REPORT
PLANNING COMNIISSION MEETING MINiJTES - September 18, 2006 - Page 8
Associate Planner Sean Farrelly reviewed the history and process involved with the proposed
planned development code changes. He noted the changes from current to proposed
langua.ge (Exhibit B).
For shared open space fac,ilities, President Inman asked for clarification about designating a
minimum of 20% of the gross site area as an open space faciliry. She wondered if it should
be 20% of net rather than gross. The proposal states gross.
President Inman also asked for clarification about section 18.350.070.4 i, Landscaping and
Open Space. The m;r,irr,um of 20% of the site doesn't specify if it's 20% of gross or 20% of
net.
Commissioner Harbison noted that the proposed code revisions contain two definitions for
"minimal use facilities" - one defuution allows trails, the other does not. It was concluded
that "minimal use facilities" should not allow trails. Trails should fall under "passive use".
After much discussion, it was decided that the definition of "minimal use facilities" should
read, "No improvements apart from underground utilities and natural and ecological
enhancements are allowed."
After discussion on section 18.350.070.4 n, for Shared Open Space Facilities, the
Commission decided to remove the words "Exclusive of any other required open space or
buffer areas,". The section would now read, "The detailed development plan shall designate
a minimum of 20% of the gross site area as a shared open space faciliry.
PUBLIC TESTIMONY
Ernie Platt from the Home Builders Association of Metropolitan Pordand submitted a letter
requesting consideration of some changes to the proposed code language (Exhibit C).
Regatding section 18.350.060 B 2, Alice Ellis Gaut (member of the PD Review Committee)
advised that schedule dates are only an informarional requirement, not a condition of
approval. John Frewing (membex of the PD Review Committee) advised that LUBA has
already ruled that information requirements are not approval criteria.
Regarding 18.350.060 C 4 c, some Comrrussioners agreed that building envelope could be an
appropriate texm rather than structural footprint
Regaxding 18.350.070 A 4 a(1), Commissioner Buehner advised that the goal of this section
is to encourage developers to be creative. President Tnman said she could see the problem
with how the section is written. What thep are looking for is some demonstration from the
applicant that they have considered alternatives. Mr. Platt noted that the Commission can
either approve or deny an application. If it's denied, that forces the issue of alternatives.
Commissioner Walsh said he would like to preserve the intent of the section to challenge
PLANMNG COMIVIISSION MEETING M[NUTES - September 18, 2006 - Page 9
developers. Mr. Platt suggested expanding the sentence to say, "an alternate plan that would
further demonstrate compliance with the purposes as sta.ted in the ordinance and/or to
address specific concerns." The Commission decided to change the wording of this section
to read, "The Commission may require the applicant to provide an alternate site plan to
demonstrate compliance with this criterion."
Regarding section 18.350.070 A 4 d, the Commission agteed to insert the words "single-
family attached and multiple-family structures" ahead of "residential use" in the sub-tide of
this section.
John Frewing, 7110 SW Lola Lane, Tigard 97223, agreed with Mr. Platt's third and fourth
requests. The first one is just information. He would li.ke the Commission to retain the
right to ask for structural footprints. T'his is especially important with regard to tree
protection.
Mr. Platt noted that the building envelope may be site specific. The Commission may
require a site specific building envelope. The Commissioners decided to strike the second
sentence. The new second sentence shall read, "The Commission may require site specific
building envelope."
Alice Ellis Gaut,10947 SW Cha.teau Lane, Tigard 97224, signed up to speak but noted that
all her issues had alxeady been discussed.
PUBLIC HEARING CLOSED
For record, President Inman disagrees with the separation of the concept and the detail
development plans. She believes it is an extra step that is not necessary.
Commissioner Harbison moved to recommend approval of the Development Code
Amendment to the Planned Development Chapter 18.350 and Definitions Chapter 18.120, file
number DCA 2006-00003, with the changes discussed tonight, and based on the sta.ff report
and the testi.mony heard toni.ght Commissioner Buehner seconded the motion. The
motion passed unanimouslp.
6. COMP PLAN UPDATE
- HOUSING/OVERVIEW
- ECONOMY/OVERVIEW
It was decided to postpone these items until September 25th.
7. OTHER BUSINESS •
None
PLANNING COMMISSION MEETING NIINIJTES - September 18, 2006 - Page 10
Attachment 4
Agenda Item: ~ Z
Heating Date: September 18. 2006 Time: 7:00 P
STAFF REPORT TO THE
PI.ANNING COMMISSION -
-
FOR'THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SCTMMARY
FILE NAME: DEVELOPMENT CODE AMENDMEN"T TO THE PLANNED
DEVELOPMEIVTS CHAPTER (I8350) AND DEFINITIONS CHAPTER
1~ 8•I2A)
FII.E NO.: Development Code Amendment (DCA) DCA2006-00003
PROPOSAL: The City is requesang approval of a Development Code llmendment to amend the
Planned Developments Chapter (18.350) and the Definitions Chapter (18.120) of
the Tigard Communiry Development Code. The proposed amendments would add
a new purpose statement, approval process, approval criteria and other revisions to
Chapter 18.350. Related definitions of "density bonus," "landscaping," and "open
space facilities" would be added to Chapter 18.120.
APPLICANr: City of Tigard OWNER N/A
13125 SW Hall Boulevard Tigard, OR 97223
>
LOCATION: City wide
COMP PLAN/
ZO1vING
DESIGNATION: City wide.
APPLICABLE
REVIEW
CRITERIA: Communicy Development Code Chapters 18.120.030, 18.350, 18.380.020,
18.390.06; Comprehensive Plan Policies 1, 2, 3 and 6; and Statewide Planning
Goals 1 and 2.
SECTION II. STAFF RECOMMENDATION
Sraff recommends that the Planning Commission recommend approval to the Tigard City Council to
amend the PLznned Developments Chapter (18.350) and Definitions Chapter (18.120) of the T'igard
Community Development Code as detennined through the public hearing process.
ST.UF REPORT TO THE PLA\NING CONiMISSIO\ 9-18-2006 PLBLIC HF NRt\G
DCA 20()6-00003/ PL-kN\ED DE\'F1.OPMF.NTS Cf11['7TR PAGE 1 OF 7
DEN'F1,OPME\T CODE AMF:tiDMEtiT
SECTION III. BACKGROUND INFORMATION
The Planned Developments Chapter of the Tigard Development Code is intended to grant flexibility to
the undedying development code standards, in order to encourage innovative design and development,
particulady for pazcels that are physically constrained.
Thfee years ago, some Tigard citizens raised concems about the density, appearance, and lack of open
space in certain developmentx that were approved uuder the provisions of the Planned Developments
chapter. On January 27, 2004, the" Ciry Council passed a resolution to form a citizen committee to review
and possibly recommend changes to the Planned Developments chapter. The Committee members
represented a broad spectrum of views on the issue. The Planned Developments Code Review Committee
held meetings over several months. They reviewed the code and made a recommendation to substanrially
reorganize and rewrite the chapter.
In _ April 2006, the Committee . presented. its. draft c.hanges ..to .both. the CitF Council and Planning
Commission. Both of these bodies made suggesrions for further refinemenG The committee met two
addirional times to refine the draft The proposed code amendment was dra&ed with input from the
Committee, the City Council, the City Attomey, the Planning Commission and staff.
SECTION IV. APPLICABLE CRITERIA AND FINDINGS
Chapter 18380 states that legislative text amendmeats shall be uadertaken by means of a Type IV
procedure, as governed by Section 18390.060.G.
Chapter 18390.060.G states that the recommendation by the Commission and the decisiou by t6e
Council shall be based on consideration of t6e following factocs:
THE STATEWIDE PLANIVING GOALS AND GUIDELINES ADOPTED UNDER
OREGON REVISED STATUTES CHAPTER 197;
Noace was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition,
the Tigacd DeFelopment Code and Comprehensice Plan have been acknowledged by DLCD. The
following Statewide Planning Goals are applicable to this proposal:
Statewide Planning Goal l- Citizen Involvement:
This goal outlines the citizen incolvement requirement foi adopaon of Comprehensive Plans and for
changes to the Comprehensice Plan and implementing documents. This goal was met by the City
Council's appointment of a committee of citizens, who reviewed the Development Code and
recommended changes.
This goal has also been met by complying with the Tigard Development Code notice requirements set
forth in Chapter 18.390. Notice has been published in the Tigard Tunes newspaper prior to the public
hearing. Two Public Hearings aze being held (one before the Planning Commission and the second before
the City Council) in which public input is welcome.
Notice was also sent to the owners of 53 properties that currendy have Planned Development Overlay
designations and appear on the 2005 Tigazd Buildable Land Inventory. The proposed changes were also
sent to other inte=ested parties, including the Home Builders Association and seveial local land use
consultants. STAFF REPORTTOTHE PLkNtittiG COMM1SSlOti 9-18-2006 PUBLIC I-EARttiG
DCA 2006-00003/ PLIC'1NED DE\'ELOPtitENTS CH.-XPTER PAGE 2 OF 7
DBVEI.OPWIE'`T CODE AMEND.W\T
Statewide Planning Goa12 - Land Use Planning:
This goal outlines the land use planning process and poliry framewotk. The Comprehensive Plan was
acknowiedged by DLCD as being consistent with the statewide planning goals. The Decelopment Code
unplements the Comprehensive Plan. The Development Code establishes a process for and policies to
review changes to the Development Code consistent with Goal 2. The Ciry's plan provides analysis and
policies with which to ecaluate a request for amending the Code consistent with Goa12. APPLICABLE METRO REGULATIONS:
There aze no applicable Metro regulations that this amendment direcdy impacts.
APPLICABLE COMPREHENSIVE PLAN POLICIES:
Comprehensive Plan Policy L1.L• General PoGcies
This poliry states that all future legislative changes shall be consistent with the Statewide Planning Goals
and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional
Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals
and the Regional PL1n.
Comprehensive Plan Policies 2.1.1, 2.1.2, aad 2.L3.: Citizen Involvement
These policies state that the City shali maintain an ongoing citize.n involvement program, provide
opportunities for citizen involvement appropriate to the scale of the planning effort and that informati on
on land use ptanning issues shall be available in understandable foan for all interested citizens.
This goal has been met by complping with the Tigard Development Code nodce requirements set forth in
Chaptec 18.390. Norice of the Planning Commission public hearing was published in the T'igard Times on
August 31, 2006. Nodce will be published again prior to the City Council public hearing. Nodce was also
sent to the owners of 53 propernes that cuuendy have Planned Development Overlay designatioas and
appeaz on the 2005 Tigard Buildable Land Inventory, and to other interested parties for comment. The
written notices inv-ited public input and included the phone number of a contact person to answ er any
questions. The nodce also included the web address where the entire draft of the text changes could be
viewed.
This policy is also sarisfied by the City Council's appointment of a citizen committee who reviewed the
Development Code and recommended changes.
Comprehensive Plan Policy 3: Natural Features and Open Space
This policy addresses a broad zange of topics all having to do with the aatural resoutces located in Tigard.
The use of Planned Developments is suggested as a way to limit impacts o❑ wetlands (3.2.4) and
designated uee or timbered azeas (3.4.2).
This policy is satisfied because the proposed changes suengthen protecrion for natural resources. A new
approval criterion would require identification of azeas of significant natural resources on the concept plan
and methods for their maximized protection, preservadon, and/or management.
Comprehensive Plan Policy 6: Housing
This policy addresses housing in Tigard. The Planned Development process is listed as a wav to allow
properaes exhibiting physical consuaint chazacterisacs, e.g., steep slopes or floodplains, to develop w-ith
densiry ttansfers allowable on the site (6.1.1).
STAFF REPORT TO TIiE PLANNItiG COLLtitiSSION 9-18-2006 PV"BLIC F-EkRI\G
DCA 2006-00003/ PLX-N\ED DE\'ELOP`fEtiTS CFLIPI'f:R PAGE 3 OF 7
DEVELOPMEINT CODE A-\tE\DNiENT
This poliry is satisfied as the proposed amendment will preserve the flexibility of the Planned
Development piocess to develop properties will physical consuaints.
APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES.
Tigard Development Code Chapter 18.120: DeSnitions
This chapter contains the meaning of specific words and terms used in the Development Code. The
proposed changes to the sections of the Planned Developments chapter include a number of terms that
need to be specifically defined The terms aze "Density bonus," "I.andscaping," and three "Open Space
Facility" related definitions- "NIinimal L`se Facilities," "Passice Use Facilities," and "Active L'se Facilities."
Tigard Development Code Chapter 18350: Planned Developments
This chapter establishes procedures and criteria for establishing Planned Development Overlay Zones,
which allow for Qexible standards and other innovative planning practices, cvhen dePeloping property.
The proposed amendment would substantially reozganize and rewrite this chapter, and make z dear
distinction between the Concept Plan and Detailed Development Plan sections of the approval process.
The new organization of the chapter would start with an expanded new pucpose statement, foIlowed by
an outline of the process, miscellaneous administcative provisions, the Concept P1an submission
requirements, Concept Plan approval criteua, Detailed Development Plan submission requirements, and
Detailed Development Plan approval criteria.
The proposed purpose statement is more comprehensive than the present code langvage. Environmental
considesations would be made more central to the puipose of the chapter. The neav language states the
purpose of Planned Developments is:
• To provide a means foi property development that is consistent with Tigard's Comprehensive
Plan through the application of flexible standards which consider and mitigate for the potential
impacts to the City;
• To provide such added benefits as inc.reased natural areas or open space in the City, alteznaave
building designs, walkable communities, preservation of significant nacural resources, aesthetic
appeal, and other types of assets that conuibute to the larger communiry in lieu of strict adherence
to many of the rules of the Tigard Community Development Code;
• To achiece unique neighborhoods which will retain their charaaer and aty benefits, while
respecting the characterisdcs of existing neighbo=hoods through appropriate buffeung and lot size
transitioning;
• To preserce to the greatest extent possible the existing landscape features and amenities through
the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual
review, then detailed review) that can relate the type and design of a development to a particular
site;
• To consider an amount of development on a site, within the limits of density requirements, which
will balance the inteiests of the owner, developer, neighbors, and the Ciry; and
• To prov-ide a means to better relate the built environment to the natural environment through
sustainable and innovatice building and public facility construction methods and materials.
The proposed approval process makes a clearer distinction between the three pieces of the process in the
present code: the Concept Plan, the Detailed Development Plan, and the Overlay Zone. Concurrent
applicaaons could be made for the Concept Plan and the Detailed Development Plan, but the Planning
Commission would have to take sepazate actions on each step.
STAFF REPORT T'O T}-{E Pl..ILN'`I`G COtifM[SSIO'v 9-18-2006 PUBLIC I-EARI\G
DCA 2006-00003/ PL.A:\tiED DEVELOP%fE\TS Cf-iAPI-ER P.iGE 4 0F 7
DEN'ELOPME\T CODE AME\D`fE\T
Concept Plan: The Concept Plan would be a distinct step, with new submission requirements. The
approval of the Coacept Plan would require meeting these new criteria:
• Provision of open space
• Protecting natural resource areas
• Integration of development into the existing neighborhood
• Promotion of walkability/ transit
• Identification of the uses and atrangement of the site
• Demonstration that the planned development has significant advantages over standard
development CLe. protects natural features and provides addirional amenities for the
development and/or neighborhood.)
Detailed Development Plan: The Detailed Development Plan was made a distinct step in the process
with sepamte submission requirements. Approval of the Detailed Development Plan would now require
a Type III review, meeting the following approval aiteria:
• General consistenry with the Concept Plan.
• Meeting the land division procisions
• Findings to justify the modifications to the following Development Code chapters:
a) 18360, Site Development Review
b) 18.705, Access, Egress and Circuladon
c) 18.715, Density Computation and I.imitations (G'p to a 101/o density bonus is allowed. A 1%
density bonus for each S% of the gross site azea set aside in open space, and up to S% for
other amenities, including items from the Planning Commissioner's Toolbog (a supplemental
document separate from the Development Code.)
d) 18.745, Iandscaping and Screening
e) 18.765, Off-sueet Packing and Loading Requirements
0 18.780, Signs
g) 18.795, Visual Clearance Areas
h) 18.810, Street and Street L'tility Improvements
• Addidonal criteria, including requiremencs for.
o Relationship to the natural and physical environment
o Buffering, screening and compatibility between adjoining uses
o Privacy and noise
o Esterior elevations-residential use
o Private outdoor azea-residential use
o Shared outdoor reczeation and open space
o Demarcation of public, semi-public, and private spaces for crime prerenaon
o Access and circulation
o Landscaping and open space
o Provisions for public transit (where the site abuts or is mile of a public transit route)
o Pa=king
o Drainage (altemate means for stormwater conveyance may be proposed.)
o Floodplain dedicaaon
o iN'Iandatory shazed open space zequirement (minimum 20% of the gross site area.)
Distinctions are also made between "Minimal Use Facilities," "Passive Use Faciliaes,"
and "Acave L se Facilities."
o Open space conveyance
STAFF REPORT TO Tf-E PLA..NN IriG CONWISStOV 9-18-2006 PUBLIC HE.NRItiG
DCA 2006-00003/ PLNNNED DE\7F1,OPME\TS CH.-kPTER PAGE S OF 7
DE\'EIAPMENT COUE AMEjtiDN(E\T
Overlay Zone: The 0verlay Zone would be applied concurrendy with the appioval of the Detailed
Development Plan. The zone designation would not expire.
Orerall, the proposed new language and organizadon of the chaptet preserves the original intent of the
Planned Developments chapter in the Tigard Community Development Code. The pioposed changes
reduce the ambiguiry of the process and seek to assure that the flexibility that is granted in the
decelopment standards will result in development that has benefits for the community.
Tigard Development Code Chapter 18380: Zoning Map and Text Amendments
Tbis chapter sets forth the standazds and process goveming legislative and quasi-judicial amendments to
this ride and zoning district map. - Legislaave zoning map and Lext unendments sbaIl be undertaken by
means of a Ty-pe N procedure, as governed by Secrion 18.390.060.G. Tberefore, the proposed text
amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure
as set forth in the chapter.
Tigard Development Code Chapter 18390: Decision-Maldn.g Procedures
This chapter establishes standard decision-making procedures for reviewing applications. The
ameadment under consideration will be ieviewed under the Tppe IV legishtice procedure as detailed in
the chapter. Section 18.390.060.G states that the recommendation by the Commissioq and the decision
by the Council, shall be based on consideration of the following factors (teviewed above), including. 1)
Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable
Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's
implementing ordinances.
SECTION V. ADDITIONAL CITY STAFF COMIIIENTS
The City of Tigard's Building Division, Police Department, Public Works and Urban Forester
have had an opportunicy to review this proposal and have no objections.
The City of Tigard's Long Range Planning Division reciewed the proposal and submitted several
questions for clarification. Questions refeaed to language pe=mitting adjustments for lot dimensions and
building height in the Sensitive Lands chapter (18.775) and density bonuses for tree canopy preserved in
the Ttee Removal chapter (18.790)
Response
If not otherwise addressed in the proposed Planned Developments chapter, any additional adjustments or
bonuses allowable under other sections of the code can still be applied for. For example, the preservation
of ttee canopy would be eligible for a density bonus (1% bonus for every 2% canopy preserved- up to
20%) could be applied for in addition to any density bonuses eligible under the Planned Developments
chapter.
SECTION VI. OUTSIDE AGENCY COMMENTS
Meuo, Oregon Department of Transportadon, Washington County Department of Land Use and
Transpoctation, Tuatatin Hills Park and Recreation YSistrict, Tualatin Valley Fire and Rescue,
Tualatin Valley Water District, Clean Water Services and the Planning D'uectors of the cities of
STAFF REPORT TO T'FiE PLkIvN I'vG COMM[SSIOti 9-18-2006 PUBLIC f-EARI\iG
DCA 2006-00003/ PLa.\NED DE\'ELUPMENTS CFt-XPTER PAGE G OF 7
f1Fk'Fr nPXrF\T ('clnF. .aW.N1-MF.N7'
Beaverton, Durham, King Ciry, Lake Oswego, Portland, and Tualatin, were notified of the
proposed amendments and d not respond.
T6e Oregon Department of Land Conservation and Development responded via phone and had no
objecnons.
SECTION VII. OTHER PUBLIC COMMENT
A representative from the Home Builders Association submitted comments, asking several questions for
clarification. These quesaons were discussed in a meeting with their representatives.
SECTION VIII. STAFF ANALYSIS AND CONCLUSIONS
The proposed Development Code rlmendment would extensively reorganize and add new language and
procedures to the current Planned Developments chapter. These changes were recommended by a atizen
committee appointed by the Citp Council. The changes complj- arith the Statew-ide Planning Goals, the
Ti.gard Comprehensive Plan, and applicable provisions of the City's implemenring ordinances.
Staff finds that the proposed revision of the chapter is consistent with the original puipose and intent of
the Planned Decelopments chapter of the Tigazd Communit5 Development Code. The proposed changes
would =esult in less ambiguitf in the process and more of a guarantee that the flexibility granted in the
development standards would result in posiace outcomes for the community. Therefore, Staff
recommends that the Planning Commission recommend approval of the Development Code Amendment
to the Tigard City Coundl as detemuned through the public hearing process.
ATTACHMENT:
EXHIBIT A. PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY
DEVELOPMENT CODE. 7?4mo~.-
September 8_ 2006
PREPARED BY: ean Fazrelly DA~
Associate P r
September 8. 2006
t1PPR0 D BY: Dick Bewers DA-I-E
Planning tii r
STAFF REPORT TO THE PIAtitit\G CONLMISSIO\ 9-18-2006 PI,BL[C HE.ARI'`G
DCA 2006-00003/ PlA.\\F:D DE\'ELOPNtENTS CHAI'fER PAGE 7 OF 7
DE\'ELOPNtE1T CODE.-1 MEND 1fE\T
i
w Attachment 5
Home Builders Assodation
of Metropol'rtan Pbrdand
0
October 4, 2006
Mayor Craig Dirksen
City Councilors
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: DCA 2006-00003
Proposed Planned Development Code Amendments
Dear Mayor Dirksen and Councilors:
Thank you on behalf of the 1400 + member firms of the Home Builders Association of
Metro Portland for the opportunity to submit these comments on the proposed
amendments to the City Development Code.
On balance, the revisions as proposed are rather benign and will not likely cause a major
change in the application process for planned developments.
As their September 18 meeting, the Planning Commission received comments from
interested citizens, including myself, and has recommended to you for approval a
document that embodies several suggested additions/changes that came about during that
meeting.
I concur in all of the suggested additions/changes, and urge the Council to approve the
document as recommended by the Planning Commission.
Thank you for the opportunity to comment on the proposed amendments. .
le erel
PlattDirector of Local Government Affairs
15555 SW Bangy Road ♦ Suite 301 ♦ Lake Oswego, Oregon 97035
Phone: 503.684.1880 ♦ Fax: 503.684.0588 ♦ www.homebuildersportland.org
~
Striving for Affordability, Balance and Choice
Agenda Item # ~
Meeting Date
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide Consider an Ordinance to Add Section 1.12.050 to the Tigard Municipal Code to
Authorize Submission of Explanatory Statements by the Cit~: of Tigard for Inclusion in the Washington County VoteYS'
Pamphlet for Matters Submitted to the Voters Under the Referendum or Initiative Powers By Petition
Pxepaxed By: CathV WheadCt, Dept Head Appxoval: City Mgr Appxoval: l:Je
ISSUE BEFORE THE COUNCIL
Shall the Council approve an ordinance regarding preparation of voters' pamphlet explanatory statements for matters
referred or initiated by petition so the City is assured of its ability to explain municipallegislation to the votexs of the
City of Tigard?
STAFF RECOMMENDATION
Adopt the proposed ordinance.
KEY FACTS AND INFORMATION SUMMARY
➢ A governing body is required to submit a votexs' pamphlet explanatory statement when it xefers a measure to the
voters.
➢ When a measure is submitted to voters for matters relating to municipal legislation referYed or initiated by petition,
state law permits a governuig body to issue explanatory statements for the voters' pamphlet if the governing body
has passed an oxdinance to do so.
➢ The need for such an ordinance recently came to the attention of Oregon local governments when the City of
Corvallis submitted an explanatory statement on a phone tax referendum appearing in the Septembex 2006 ballot
for Corvallis votexs. The Elecrions Division advised the City of Corvallis that it did not have the right to print an
explanatory statement because the City did not have an authorizing ordinance.
➢ Attached is a pxoposed ordinance for the City Council's considerarion, which would, upon direction by the City
Council, authoxize the City Manager, City Attorney, or City Recorder to prepare an explanatory statement for
matters relating to municipal legislation referred or initiated by petition consistent with the terms of the Oxegon
Revised Statutes and Oregon Administrative Rules.
OTHER ALTERNATIVES CONSIDERED
➢ Do not approve this ordinance; but, on a case-by-case basis consider an authorizing oxdinance when the
Council deems it desirable to submit explanatory statements for a specific xeferendum or initiative.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Council Goal: Improve Communication and Relationship with Citizens. .
Vision Statement: This relates to the Community CharacteY and Quality of Life Target area's communicarion goal to
provide infoxmarion to citizens in a variety of formats about aspects of the City's business.
ATTACHMENT LIST
Proposed Ordinance.
FISCAL NOTES
N/A
hedm\pecket'08\081024\eis - exptanetory statements.doc
I
Agenda Item #
Meeting Date October 24, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Title Repeal Ordinance No. 00-33 Providing a Process for Claims Filed as a Result of Ballot
Measuxe 7 Subsequendy Invalidated by the Oregon Supreme Court
Prepared By: Cath-y Wheatley CO- tept Head Appxoval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Repeal Ordinance No. 00-33 which was not implemented ox codified.
STAFF RECOMMENDATION
Adopt the proposed ordinance repealing Ordinance No. 00-33.
KEY FACTS AND INFORMATION SUMMARY
➢ In November 2000, OYegon voteYS approved Ballot Measure 7, which Yequixed compensation to owners of private
property for reducrions in theix propexry's "fait value" attributable to goveYnment regulations, with limited
exceptions.
➢ The voteYS approved Ballot Measure 7 and Council appxoved Oxdinance No. 00-33 on November 28, 2000 to
provide a process for making claims.
➢ Shordy after the adoption of Ordinance No. 00-33, the ballot measure's legality was challenged.
➢ Tigard legal counsel advised staff to refrain from codifying the ordinance until the outcome of the legal challenge
was known.
➢ Almost two years later, on October 4, 2002, the Oregon Supxeme Court held that Measure 7 violated the Oregon
Consritution's "single subject" requirement for Consritutional amendments and invalidated Measure 7.
➢ Ordinance No. 00-33, was never codified and it could not have been unplemented because of the Court's decision;
however, the ordinance should have been repealed.
➢ The proposed ordinance clarifies why Ordinance 00-33 was not unplemented and rescinds the ordinance.
➢ A siiiular ballot measure, Measure 37, was approved by the voters in 2004 and Ordinance Nos. 04-12 and 04-13
were approved to implement a pxocess for consideration of claims for compensation.
OTHER ALTERNATIVES CONSIDERED
Amend the proposed ordinance.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
N/A
ATTACHMENT LIST
1. Proposed Ordinance Rescinding Ordinance No. 00-33.
2. Ordinance No. 00-33 relating to Ballot Measure 7 approved by voters in 2000.
3. Ordinance No. 04-12 relating to Ballot Measure 37 approved by voters in 2004.
4. Ordinance No. 04-13 relating to Ballot Measure 37 approved by voters in 2004.
FISCAL NOTES
N/A
' 1:1atlm\packet'08\081024\e1s-repeal0033.tloc
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~A1e, ve,r
CITY OF TIGARD
OR.DYIVAN+CE Nt3. 00-
AN ORDINANCE PROVIDdNG A PR4CE5 iFOR MAKING CLAIMS UNDER ARTIC4E I,
SECTION 18 OF THE OREurON CONSTITUTION, ADD1NG A NEW CwAPTER 1.20 TO
THE TIGAF.D MUNICIPAL CODE AND DECLARING AN EMERGENCY.
WHEREAS, the City has developed a sound system of land use planning, which includes
regulations that in some cases restrict the uses that can be made of property; and
WHEREAS, the restrictions on use of property have both served the public intarost a»d increaaed
property values by allowing the City to develop in a hazmonious way avoiding incompatible uaes
and assuring appropriate development; and
WHEREAS, the voters of the state adopted Ballot Measure 7 in the November 2000 eloction
amending Article I, Section 18 of the Oregon Constitution to roquire local governments to pay
compensation for land use regulations that restrict the uses that catt bz made of property if the
restriction causes a reductian in the value of the property; and
WHEREAS, some property ovmers may believe that existing or ftituro land use regulations as
applied to their property both restrict use of the property and roduce the fair market value of the
property and consequentially may bring claims under Measuro 7; and
WHEREAS, Ballot Measure 7 does not specify the procoss for oubmieaion and consideration of
claims for compensation; and
WHEREAS, it is appropriate for the Ciry to provide s Meauuro 7 claims procedure; now,
therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ecti n 1. A new Chapter 1.20 is added to the Tigard Municipal Code in the form of Exhibit
A attached hereto and incorpomted by this roforeneo.
Section 2• Because this ordinance is noceaaary for tho proaervation of the health, safety and
welfaze of the City and is neodod to provide a procou for claims by December 7,
2000, an emergency is declarod to exist and thie ordinance ahall be in full force ,
~ and effect on December 7, 2000.
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Page 1- ORDINANCE NO. 00-,,,1Lj_
PASSED: By 4AMIM OLtS , vote vf all Council membera present after beiug
read by number and title only, this ~ day of &tv
2400.
Catherine Wheatley, City dtocorder
APPROYED: By Tigard City Council thisday of M(,)VP,vY) bQ/L , 2000.
A 1, 6 -k Qr14' Ah~
- 0~',
J es E. GriffflK
App ved as to form:
~
,
i Attorney
q/?~ Date
1:1ADM10RDiNANCESWIEASURE7.ORI.DOC
Page 2- 4RDINANGE NO. 04-. ~
EXHIBIT A '
to Tigard Orainance No.
C6apter 1.24 Compensation for Reduction in Property Value
1.20.010 Purpuse i
The purpose of this Chapter is to provide procedures arad standards for claims for compensation
made pursuant to subsections (a) through (f) of Article I, Section 18 of the Oregon Constitution,
effective December 7, 2000.
1.20.024 Definittons
As used in this chapter, unless the context requires otherwise:
"Affected property" means the private real property that is alleged to have suffered a
reduction in fair market value as a result of the City's regulation restricting the use of that
property and for which a property owner seeks compensation for the reduction in value.
"Regulation" shall mean any law, rule, ordinance, resolution, goal, or other enforceable
enactment of the City.
"Restricts the use of property" means prohibiting a particular use of the property or
making that use only permissible under certain conditions. Standazds that regulate the
form of developrnent, how a structure must be constructed, or how grading or fill is to be
conducted, such as yard setback requirements, height limitations, erosion control
measures and building code standards, aze not restrictions on the use of property.
Regulations requiring or setting fees to be chazged aze not restrictions on the use of
property.
"Manager" means City Manager or designee.
1.20.030 Pre-ApplicaNon Conference
1. Before submitting an application for compensation, a property owner seeking
compensation may schedule and attend a pre-applicarion conference with the Manager to
discuss the application for compensation. The pre-application conference, if requested,
shall follow the procedure set forth by the Manager.
2. To schedale a pre-application conference, a written roquest muat be submittod to the
Manager. The pre-application conference is intendod to allow a summary of the basis for
the claim to be presented to the Manager and for the Manager to provide infornnation
about applicable regulations. The Manager may provide a written sumtnary of the pre-
application conference within 10 days aRer it is held.
3. The Manager is not authorized to offer compensation at a pre-application conference but
i may take any other action within the Manager's authority. Any omission or failure by the
Manager or staff to provide information on all relevant applicable land use regulations
will not constitute a waiver or admission by the City.
1.20.040 Application for Compensatton .
A property owner wishing to make a claim against the City under subsections (a) through (f) of
.Article I, Section 18 of the Oregon Constitution shall first submit a notice of claim to the City.
The notice of claim shall be in writing and shall include: 1. A natice of claim form provided by the City signed by all owners of the affected
property. If the affected property is owned by two or more persons and not all owners
seek compensation, all owners who do not seek compensation shall sign a waiver of the
right to compensation.
2. Identiftcation of the affected property by street address and tax lot number,
3. The name, address and phone number of all owners of the affected property seeking
compensation (Claimants).
4. The name, address and phone number of all owners of the affected property who do not
seek compensation and waive the right to compensation.
5. The name and mailing address of aII persons with a lien 4n or securiry interest in the
property.
6. An explanation of the nature of the claim, including specification of the regulation at
issue, a description of how the regulation restricts the use of the affected property, and an
explanation of how the restriction affects the vatue of the affected property. The
explanation shall also state the date the Claimant(s) first owned the affected property and
the date the regulation was adopted, first enforced ar applied.
7. A statement describing the extent to which the regulation would need to be waived,
suspended, or modified to avoid the need for compensation.
8. The amount of compensation ctaimed and a statement whether the application seeks
compensatXOn or a waiver, suspension or modification of the regulation.
_
9. An application fee in an amount to be aet by resolution to cover thc coata of the
completeness review and application proaeuing., The fee ahalt be refunded if a
determination is made that compensstion should be paid or that the regulation should be
waived or suspended.
10. Proof of ownership of the affected property at atl retevant time8.
11. An appraisal by an appraiser licensed by the Appraiser Certification and Licensing Board
of the State of Oregon appraising the value of the affocted propcrty under the regulation
and appraising the value of the affected property without the regulation. The appraisal
shall appraise the value as af the datc the regulatian was adopted, first enforced or
applied, whichever is applicable to the claim. Ciaimant shall also submit any other
appraisals of the affected property obtained by or in the possession of Claimant in the ten
years prior to submitting the notice of claim.
The application may include any other materials the Claimant believes are relevant to the notice
of claim. A notice of claim shall not be a claim for compensation until the norice of claim is
determined to be complete by the Manager. If an incomplete notice of claim is received, the
Manager shall inform the Claimant in writing of the additional material necessary to make the
notice of claim complete. The notice of claim will be complete when the additional material is
submitted and determined by the Manager to be complete. Until the notice of claim is complete,
the Ctaimant shall not be considered to have applied for eompensation or filed a claim for
compensation.
1.20.060 Notice
The City shall provide notice of the hearing required by Section 1.20.080 to all owners of the
property, lien holders and security interest holders listed in the notice of claim, record owners of
property within 250 feet of the properiy and anyone who has requested notice at least 7 days
before the hearing. The notice shall identify the pmperty, state the date, rime and place of the
hearing, state the amount of the claim, list a city contact person and phone number, advise of the
availability of the staff report and swnmarize the hearing procedures and nature of the claim.
Failure of any person to receive notice or any defect in the notice shall not invalidate any action
taken or decision made at the hearing.
I~~~II w r~ . . . . . ,
1.20.070 Staff Report
City staff shall prepare a retwrt analyzing the claim. The staffreport shall bc reviewed aW
approved by the Community Development Director, Finance Diroctor, and Manager before being
submitted to the City Council. Staff may discuss options with the Claimant and may enter into a
settlement agreement with the Clainaant as ta actians within staff's authority. Staff may agne
with Claimant that staff will recommend a particular cvurse of action to the City Council if staff
lacks authority to commit to the action.
The staff report shall be submitted to the Councit, mailed to the Claimant, and made available to
the public at least 7 days before the public heazing required by Section 1.20.080.
1.20.080 City Council Proceedings
The City CounciI shall hold a pubtic hearing on the claim. The public hearing should normally
be set within 70 days of the notice of claim but may be set at any time. The City Council may
hold an executive session on the claim at any time.
1.20.090 Public Hearing
The Claimant and any other person shall be provided a reasonable opportunity to present
evidence and azgument at the public hearing. The City Council may limit the duration of
testimony.
1.20.104 Council Decision
In deciding the claim, the City Council may take any of the following actions:
1. Deny the claim based on any one or more of the following findings:
a. The regulation does not restrict the use of the private real property,
b. The fair market value of the property is not reduced by the passage or
enforcement of the regulation.
c. The claim was not timely filed.
d. The Claimant is not the current property owner or was not the propecty
owner at the time the regulation was adopted, first enforced or applied.
e. The regulation is a Mstorically and commonly rccognized nuisance law or
a law regulating pomography, nude dancing, gambling, or the sale of alcoholic
beverages or other controlled substances.
f. The regulation is required by federal law and is the minimum requirod to
comply with federal law.
S. The City is not the entity responsible for psyment. The City ie not
responsible if the challengcd law, rule, ordinance, resolution, goal or other
enactment was not enactod by the City.
h. The City has not taken final action to enforce or apply the regulation.
i. The claimant is not legally entitled to compensation under Article I,
Sxtion 18 for a reason other than those listed in subsxtions a through f. The
basis for this finding must be clearty explained.
2. Pay compensation, either in the amount requested or in some other amount supported by
the evidence. If the City pays compensation, the City shall continue to apply and enforce
the regulation. Any compensation shall be paid from funds appropriated for that purpose.
3. Waive or suspend the regulation. The Council may provide that the waiver or suspension
of the regulation shall expire when the Claimant ceases to own the property or shall
terminate if no longer needed to comply with Article I, Section 18 of the Oregon
Constitution.
4. Modify the regulation so that it does not give rise to a claim for compensation.
5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of
contributions towazd compensation by a specified date from peisons opposed to the
waiver or suspension, such as persons who believe they would be negatively affected by
waiver or suspension, with the waiver or suspension being granted if the defined amount
of contributions is not received by the specified date. If the contributions are received,
compensation shall be paid within 90 days of the date the notice of claim was filed. The
specified date shall allow the City time to process the contributions and pay
compenpation.
The City Council may take other actions it deems appropriate in individual circumstances, may
modify the listed actions, and/or may combine the listed actions, consistent with Article I,
Section 18 of the Oregon Constitution. The City Council may negotiate an acceptable solution
with the Claimant or may direct staff to negcatiate with the Claimant. In the event that the City
Council directs staff to negotiate, the Council shall set the matter far.further action no less than
89 days from the date the notice of claim became complete. If the City Council dirccts staff to
negotiate, it may delegate authority to staff. The Council shall take final action within 90 days of
the date the notice of claim became complete.
1.20.110 Anthority
The City Council shall have the authority to take the acdons listod in Sxtion 1.20.100, inclucing
the authority to waive or suspend any provision of any City code, ordinance or resolution,
notwithstanding any inconsistent pmvision in this code or the Community Development Ce,,:!e.
The City rnay retain an appraiser to review the appraisa,l submitted by the Claimant or to prepare
a separate appraisal. ,
1.20.120 Severability
If any section, phrase, clause, or part of the this Chapter is found to be invalid by a court of
competent jurisdiction, the remaining phrases, clauses, and parts shall remain in full force and
effect.
1.20.130 Attorney Fees on Delayed CompensaNon
If a claim for compensation under Section 18, Article I, of the Oregon Constitution and this
Ordinance is not resolved within 90 days of the date of filing, claimant's reasonable attomey fees
and expenses necessary to collect the compensation will be added as additional compensation
pmvided compensation is awazded after the end of the 90 day period. If a claimant commences
s,uit or action to collect compensation and the City is the prevailing party in such action, then
City shall be entitled to any sum which a court, including any appellate court, may adjudge as
reasonable attorney fees.
I:WDMIORDINANCES%EXHIBIT A TO MEASURE 7.DOC
. .
1 ;
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4: , . . ' . . . i .
GTI'Y OF TIGARD I
ORDINANCE NO. 04/,Z ~ ~ . . . . _
AN ORDINANCE PROVIDING A PROCESS FOR CONSIDERATION OF WRITTEN
' DEMANDS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37,
ADDING A NEW CHAPTER 1.20 TO THE TIGARD MUNICII'AL CODE, AND
DECLARIlIG AN EMERGENCY. yVBEREAS, the City has developed a sound system of land use pla.nning, which includes
regulations that in some cases restrict the uses that can be made of properiy; and
WHEREA,S, the restrictions on use of property have both served the public interest and
increased property values by allowing the City to develop a harmonious way avoiding
incompatible uses and assuring appropriate development; and
WHEREAS, the voters of the state adopted Ballot Measure 37 in tiie November 2004
election adding new sections to ORS Chapter 197, which provide that local governments
may pay compensation to property owners for reductions in property values resulting
from Iand use regulations that resixict uses of the property or may waive restrictions as an
alternative to paying compensation; and
VVBEREAS, some property owners may believe that existing or future tand use
regulations as applied to their property both restrict use of the property and reduce the fair market value of the property and consequently may bring claims under Measure 37;
and
WEEREAS, Ballot Measure 37 explicitly allows Iocal governmen'ts to develop
procedures for assessing claims made tuider Measure 37; and
WBEREAS, it is appropriate £or the City to provide a Measure 37 claims procedure;
now, therefore; ,
THE CTTY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. The Tigard Municipal Code is amended by repeaiing the existing Chapter
1.20 and replacing it with a new Chapter 1.20 in the form of Exhibit A
attached hereto and incorporated by this re£erence.
Section 2. Because this ordinance is necessary for the preservation of the health,
safety and welfare of the City and is needed to provide a process for
claims by December 2, 2004, an emergency is declared to exist and this
ordinance shall be in full force and effect on December 2, 2004.
y .
PASSED: By OWn %/N)UA/ vate of alI Council members present after bezng
read by number and title only, this _Q,:3r4day of kv✓2004.
10
eafik3*, City Recorder
. Q~ mCGq.V v rn rbap
A.PPROVED: By Tigard City Council tbis &?of day of !VU c~~.rbar. 2004.
~
Craig ' sen, Mayor
Ap roved as to f rm:
ity Attomey
Date
i
i .
~ . Noveinber 23, 2004
I Ord.inauce 04-12 was adopted WITHOUT E, xhibit A on November 23, 2004.
i
~ Council directed that Eydiibit A to Ozdinance 04-12 be revised. Af1:er the Ciiy Attoiney •
malces changes to Exhibit A, it will brought back for rafification at a Deceinber Council
meetirig, and added to Ordinazice 04-12. ~ Jane McGarvin
Deputy City Recorder
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CITY OF TIGARD
ORDINANCE NO. 04-) AN ORDINANCE AMENDING ORDINANCE 04-12 PROVIDING A PROCESS FOR
CONSIDERATION OF CLAIMS FOR COMPENSATION UNDER 2004 BALLOT
MEASURE 37, ADD]NG A NEW CHAPTER 1.20 TO THE TIGARD MUNICIPAL CODE,
AND DECLARING AN EMERGENCY. WHEREAS, on November 23, 2004, the City Council adopted Ordanance No. 04-02 without
incorporating the written E)dubit A that had been distributed and directed tliat a revised Exlubit
A be prepared to include specific changes; and
WHEREAS, a revised Exhibit A has been prepazed that includes the changes requested by the
Council; now, therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Ozdinance 04-12 is hereby atnended by adding an Exhibit A to that ord.inance
in the form of the attached Exbubit A. The Tigard Municipal Code is
consequently amended as provided in Ordinance 04-12 and Exhibzt A.
SECTION 2: Because this ordinance is necessary for the preservation of the health, safery
and welfaze of the City, an emergency is declared to exist and this ordinance
shall be in full force and effect immediately on passage.
PASSED: By ma.') D Y'i vote of all Council members present after being
read by number and tle only, this /ql~t4day of .L.~l'Q.rn~t^ 2004.
0at62'q'iU 0
Catherine Wheatley, City Recozder
APPROVED: By Tigard City Council this/-~&-day of .h~/it , 2004.
~
Craig D lcsen, Mayoz
Approved as to fo :
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v
ec) ~e
'ty Attorney
/ -V v~
ORDINANCE No. 04
Page 1
EXHIBIT A
TO CITY OF TIGARD ORDINANCE NO.
PROVIDING A PROCESS FOR CONSIDERA.TION OF CLAIMS FOR COMPENSATION
UNDER 2004 BALLOT MEASURE 37, INCLUDING A PROVISION FOR ACTION BY
NEIGHBORING PROPERTY OWNERS, ADDING A NEW CHAPTER 1.20 TO THE
TIGA.RD MCTNZCIl'AL CODE.
Chapter 1.20 Compensation for Reduction iua Property Value
1.20.010 Purpose
The purpose of this Chapter is to provide procedures and standazds for claims for compensation
made pursuant to 2004 Measure 37.
1.20.420 Definitions
As used in this cbapter, uniess the context requires otherwise:
"Affected properly" means the private real property that is alleged to have suffered a
reduction in fair market value as result of the City's regulation restricting the use of that property
and foz which a property owner seeks compensation for the reduction in value.
"Claimant" means the property owner who submits a claim for compensa.tion under
Measure 37 in accordance with Section 1.20.030.
"Decision Maker" means tlie Ciiy Counczl ar any person, board, commission, or other
entity to whom the Council has delegated authority to make decisions on Measure 37 claims.
"Regulation" sha11 mean a provision of the City's comprehensive plan, Community
Development Code and transporta#ion ordinances.
"Restricts the use of property" means prohzbihng a particular use of the property or
making that use oiily permissible uuder certain conditions. Regulations requiring or setting fees
to be chazged are not restrictions on the use of property.
"Manager" means City Ma.iiager or designee.
1.20.030 Claims
A. A properly owner wishing to make a claim agaanst the City under Measure 37 shall frst
submit a written claim to the City. A claim under Measure must be in writing and include:
ORDINANCE No. 04-
Page 2
1. Identification of the affected property. Identification niay he by street address,
subdivision lot number, tax lot nwnber, or any other informa.tion that identifies
the property.
2. The name and contact information of the person malring the claim, the date the
Claimant acquired fhe property, and, if applicable, the da.te that a family znember
of Claimanl: acquired the properiy and the names and relationslups of fanuly
inembers that are previous owners.
3. A list of all persons with an ownership interest in ox a lien on the property.
4. Identif'ication of the regulation tbat is alleged to restrict the use of the affected
pzoperty and a statement describing how the restriction affects the value of the
propex-ty.
5. A statement whether the Claimant prefers compensation or a waiver, suspension
or modi£'ication of the regulation, and a statement describing the extent to wluch
the regulation would need to be waived, suspended or modified to avoid the need
for compensation. A description of the proposed use must be provided.
b. The amount claimed as compensation and docuinentation supporting the amount.
The documenta.tion shall include a market anal.ysis, an appraisal, or other
documentation at least equivalent to a market analysis.
7. The name and contact information of the Claimant's authorized representative or
representatives, if applicable.
1.20.040 Notice
The City shall pzovide notice of the hearing required by Section 1.20.070 to all owners of the
property, lien holders and security interest holders, record owners of properly within 500 feet of
the property, recognized community participation ozganizations for the area the property is
located, and anyone who has requested notice at least 7 days before the hearing. The notice shall
identify the property, state the date, time and place of the liearing, state the amount o£ the cla.un
or statement describing the extent to which the regulations would need to be waived or
suspended, the City contact person and phone number, advise o£ the availability of the staff
report and s►zmnZarize the hearing procedures and nature of the claim. Failuxe of any person to
receive notice or any defect in the notice shall not invalidate any action taken or decision made at
the hearing.
1.20.050 Staff Report
City stafF sha11 prepare a report analyzing the claim. The staff report may be reviewed by the
Connmunity Development Director, Finance Director, and Mana.ger befoze being stzbmitted to the
Decision Malcer.
ORDINANCE No. 04-
Page 3
The staff- report shall be submitted to the Decisioii Maker, mailed to the Claimant, and made
available to the public at J.east 7 days before the public hearing required by Section 1.20.070.
1.20.460 Decision Mal{er Proceedings
The Decision Maker sha11 hold a public hearing on the claim. The public hearing should
normally be set within 150 days of submission of tlie claim but xnay be set at any time. The
Decision Malcer may hold an executive session on the claim at any time.
1.20.070 Public Hearing
The Claimant and any other person shall be provided a reasonable opporhanity to present '
evidence and argument at the public hearing. The Decision Malcer may limit the duration of
testimony.
1.20.080 Decision Maker Decision
In deciding the claini, the Decision Maker raay take any of the following actions:
1. Deny tlie claim based on airy one or more of the following findings:
a. The regulation does not restrict the use of the private real property,
b. The fair market value of the property is not reduced by the passage or
enforcement of the regulation.
c. The claim vvas not timely filed.
d. The Claimant is not the current property owner.
e. The Claimant or family rnember of Claimant was not the property, owner at the
time the regulation was adopted.
f. The regulation is a historically and commonly recognized nuisance law or a law
regulating pornography or nude dancing. g. The regulation is required by federal law. h. The regulation protects public health and safety.
i. The City is not the entity responsible for payment. The City is not responsible if
the challenged law, rule, ordinance, resolution, goal or other enactrneilt was not
enacted or enforoed by the City.
ORDINANCE No. 04- ~ ~j Page 4
j. The City has not taken final action to enforce or apply tlae regulation to the
property for wluch compensation is claimed.
lc. The Claimant is not Iegally entitled to compensation for a reason other than those
listed in subsections a througli g. The basis for this f7n.ding must be clearly
explained.
1. The City has not established a fund for payment of claims under Measure 37.
2. Pay compensation, either in the amount requested or in sozne otizer amount supported by
the evidence. If 1he City pays compensation, the City shall continue to apply and enforce
the regulation. Any compensation shall be paid from funds appropriated for that pwrpose.
The City may require any person receiving compensation to sign a waiver of future
claims for compensation under Measure 37 and the Cifiy may record that waiver wzth the
County Recorder.
3. Waive or not apply the regulation to a11ow the owner to use the properry for a use
permitted at the time the Claimant acquired the property.
4. Modify the regulation so that it does not give rise to a claim for compensation. Any such
modification shall be for the specific pzoperty only unless the City follows the procedure
for a legislative land use decisi.on.
5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of
contributions toward compensation by a specified date from persons opposed to the
waiver or suspension, such as persons who believe they would be negatively affected by
waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received,
compensation shall be paid within 180 days of the date the claim was filed. The specified
date shall allow the City time to process the contributions and pay compensation.
The Decision Maker may talce other actions it deems appropriate in individual circumstances,
may modify the listed actions, and/or rna.y combine the listed actions, consistent with Measure
37. The Decision Maker may negotiate an accepta.ble solution with the Claiinant or xn.ay direct
staff to negotiate with the Clai.mant. In tbe event that the Decision Maker directs staff to
. negotiate, the inatter shall be set for further action by the Decision Maker no less than 175 days
from 'the date of the notice of claim becarbe complete. The Counci.l shall take final action within
180 days of the claim. The Decision Maker sliall take actions 2 through 5 only if it determines
the claina is valid.
A decision by a Decision Maker other tlian Council shall not be a final decision, but shall be a
recommendation to Council.
,
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Page 5
1.20.090 Delegation of Authority and City Council Review
The Council may delegate authority to act as a Decision Maker to a.uy person, board,
commission ox otlier entity by motion, resolution or ordinance. Tlie Council sha11 review alI
recommendations of the Decision Maker and malce the final decision. If a Decision Maker other
than Cowacil has made a xecommendation to Council, Council may act on the recommendation
by motion or oxder without a Council hearing. The Council may approve recommendations on
its cousent agenda.
1.20.100 Action by Neighboring Property Owners
If a Claim results in a waiver of enforcement of a regulation and the development al.lowed by the
waiver causes a reduction in value of other property located i.n the vicinity of the Claimant, those
property owners shall have the right to maintain an achon against the Claimant in state circuit
court fio recover the amount of the reduction. The neazby pzoperty owners, if successful, shall be
en.titled to an award of xeasonable attonney fees. Tbis section does not create a right of action
against the City.
1.20.110 Authority
The City Council sha11 have the authority to take the actions listed in Section 1.20.080, including
tlie authority to waive or suspend any pro,vision of anq City code, ordinance or resolution,
notwithstanding any inconsistent provision in this code or the Community Development Code.
The City may retain an appraiser to assist the Decision 1vlalcer or Council determination.
1.20.120 Deposit and Responsibility for Costs
The Claimant sha11 provide a deposit of $1,000 at the time the cla.im is filed wifih the City. If tl-ie
claim is determined to be valid, the City shall refund the entire deposit. I£ a claim is denied and
ultimately deterinin.ed to be invalid, the Claimant shall reunbiuse the City for the costs the City
incurred in processing the claim. Tf the amount of reimbursement exceeds the cost of deposit, the
Claimaut shall pay any additional amounts within 30 days of a demand by the City for fu11
reimbursement. If tlie aznount of reimbursement is less than the deposit; the City shall refund the
difference to the Claimant. The City shall provide an invoice detailing its costs when demauding additional reimbursement ox provid'vag a partial refund.
1.20.130 , Severability
If airy section, plarase, clause, or part of this Chapter is found to be invalid by a court of
coznpetent jurisdiction, the zemaining phrases, clauses, and parts sha11 remain in full force and
effect.
ORDIN.ANCE No. 04-
Page 6
Agenda Item #
Meeting Date October 24, 2006
COUNQL AGENDAITEM SUMMARY
City of T"igard, Oregon
Issue/Agenda Title Tf -IIRD UARTER COUNQL GOAL UPDATE
Prepared By: oanne Ben on 9K Dept Head Okay ' CityMgr Okay 64
ISSUE BEFORE THE COUNQL AND KEY FACTS
Progress report on the Council goals for the 3' quarter of 2006
STAFF RECOMMENDATION
Review the update.
KEY FACTS AND INFORMt1TION SUMMARY
Attached are brief surrunaries of the progress made on the goals developed by Council in January 2006.
OTHER ALTERNATNES CONSIDERED
N/A,
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Goals are identified throughout the document.
ATTAQ-IMENT LIST
1- Third Quarter Goal Update Report.
FiscAL NorEs
N/A
2006 Quarterly Goal Update
1. Revise City of Tigard Comprehensive Plan • Complete draft by year end
3rZuarter Update•
• Cityscape article series continues
• Webpage updated
• Electronic NewsList update sent monthly
• Twice-monthly meetings held with Planning Commission
• Phase II: Inventory/data collection continues
o Environmental Quality topic completed
o Community - housing, economy - draft report completed
o Natural Resources draft report completed
o Public Facilities, Transportation to take place this fall
2"a Ouarter U12date:
• Cityscape article series continues
• Webpage updated
• Electronic NewsList established; electronic news update sent monthly
• Monthly meetings held with the Planning Commission
• Phase I completed
o Communiry Attitudes Survey completed in June; results presented to Council on June 20 and
27
o Issues and Values summary presented to Council July 18
Phase II: Inventory/data collection continues
o Environxnental Quality, Natural Resources data to be completed in suminer
o Community; Public Facilities and Services topics begun
o Internal Team established to coordinate efforts, data between departments
1 S` Ouarter U12date:
A Senior Planner was hired in January to develop and lead the work program. The work program was
reviewed by City Council and Planning Commission in February; Planning Commission is the project Steering
Committee. The Public Involvement structure was reviewed by the Committee for Citizen Involvement and
Planning Commission in February and Maxch.
Project launches (Phase D in April:
• Ciryscape article series starts
• Data collection on current conditions begins in April
• Define Issues and Values
1. Review of previous surveys and Tigard Beyond Tomorrow
2. Proposals solicited for Community Attitudes Survey consultant; selection and contract to be
finalized; survey occurs April-May.
Counczl Goal Update 1
2. Implement Downtown Plan
• Implement catalyst projects including improvements to Burnham Street and identify &
purchase land for a Downtown public gathering place.
3rd Quarter U12date:
Tigard Downtown Implementation Strategy
• The Strategy was adopted by City Council on August 8,".. It addresses implementation of the
Downtown Plan including the catalyst projects and contains three (3) key strategies, thirty (30)
supporting strategies, provides a 3-Year Action Plan, and 1-Year Work Program.
• Benc•hmark.r. The Downtown Implementation Strategy will be updated and adopted by Council
annually. Adoption of the annual work program which is part of the Strategy provides
endorsement and direction of Staff work for the upcoming fiscal year.
Streetscal2e Enhancement Program
• The Streetscape Plan, which is a catalyst project, was adopted by City Council on September
26th. Conceptual design for key downtown streets, gateways and public spaces will be
incorporated into final design documents as appropriate.
• Benc•hmark.r. The contract has been completed and the documents reviewed and adopted by
Council.
Hall Boulevard Downtown Gatewav
• OTAK, Inc. has begun work to identify right-of-way (ROW) for a potential gateway at Hall
Blvd. / 99W. The project has been postponed due to cost impact concerns. The City will
continue its involvement in potential gateway improvements, and incorporate public
involvement as necessary.
• Benchmark.r. Specific design of a gateway, and pedestrian improvements is anticipated for
December '06.
Burnham St Improvements
• A contract with OTAK, Inc. was finalized and final engineering drawings for Burnham Street
have been started.
• The CIP Budget has provided for engineering, ROW, and construction for Burnham Street
over the next two fiscal years.
• Benchmark.r. Engineering design and ROW acquisition will occur during FY 06-07, and
construction FY 07-08.
Fanno Creek Public Area
• Negotiations for purchase of floodplain properties in the area of the proposed public gathering
place continue. The City is working with two property owners to acquire properties.
• Benchmark.r. Anticipated completion of negotiations: March 2007.
• A Master Plan for Fanno Creek Park has been scheduled for FY 06-07. Fund.ing has been
identified and the project has been included in the CIP budget for the fiscal year.
• Benc•hmark.r. Completion of a Master Plan for Fanno Creek Park and the proposed Public Area
is anticipated for June 30, '07.
Courtczl Goal Update 2
2"`' Quarter U12date:
Tigard Downtown Implementation Strat=
• The Strategy addresses implementation of the Downtown Plan, its catalyst projects, and provides a three-
year Action Plan and a one-year Work Program. A near-final version of the Downtown Implementation
Strategy was completed, and reviewed by the CCAC, Executive Staff, Planning Staff, and City Council.
Benc•hmark.r: The Strategy has been endorsed by the CCAC and is recommended for approval by Council
(CCDA) on July 11.
Streetscal2e Enhancement Program
• Concept designs for Burnham Street, Main Street, and Commercial Street West have been completed.
Conceptual design work has been endorsed by the Streetscape Working Group and presented to the City
Council. A final report is due August '06.
Benchmark.r. Contract executed December '05. Contract to be completed: August '06.
Hall Boulevard Downtown Gatewav
• OTAK, Inc. has begun work to identify right of way for a potential gateway at Hall Boulevard/99W.
Benchmark.r: Specific design of gateway and pedestrian unprovements is anricipated for December '06.
Burnham Street Improvements
• The Community Investment Program Budget has provided fox engineering, right-of-way, and construction
for Burnham Street over the next two fiscal years.
Benchmarks: Engineering design and right-of-way acquisirion will occur FY 06-07 and construction FY 07-
08.
• The concept design for Burnham Street has been completed by OTAK, Inc. and accepted by the
Streetscape Working Group and City Council.
Benchmark.r. Began - December '05. Completion - April '06. Adoption of a final report is anticipated
August '06.
Fanno Creek Public Area
• Negotiations for purchase of floodplain properties in the area of the proposed public gathering place
continue. It is anricipated that the Ciry will be successful in purchasing the Steven's Marine floodplain
property and has arranged for property appraisal.
Benchmark.r. Anticipated completion of negotiations January 2007
• A Master Plan for Fanno Creek Park has been scheduled for FY 06-07. Funding has been identified and
the project has been included in the Community Investment Program budget for the fiscal year.
Benchmarks: Completion of a Master Plan for Fanno Creek Park and the pxoposed Public Area is
anticipated for June 30, 2007.
1S` Ouarter Update:
Streetscal2e Enhancement Program
• Solicited RFP and entered into contract with OTAK, Inc. for a Comprehensive Streetscape Design
contract.
• Coordinated design and public involvement process for Stteetscape Design in the Downtown
(ongoing until completion July '06)
Benchmark.r. Contract executed December '05. Contract to be completed: July '06.
Hall Boulevard Downtown Gatewav
• Identified opportunity to provide design input with Washington County for the Hall Blvd/99W
Intersection.
• Amended Streetscape Contract to have OTAK, Inc. assist the City in identifying design
modification including pedestrian improvements, landscaping and a potential Gateway.
Benchmark.r. Contract executed: March '06. Anticipated completion: November '06.
Burnham St Improvements
• Development of a Downtown Implementation Strategy to prioritize Catalyst Project, CIP Projects,
and actions to undertake redevelopment.
Benchmark.r. Began Strategy: January '06. Completed (draft): March 15. Anticipated review by
Counc7l Goal Update 3
CCAC and City Council: April '06.
• Prioritize work with Streetscape Consultant (OTAK, Inc.) to identify design options and build
consensus for Burnham Street.
Benchmark.r: Began: December '05. Anticipated completion time: April '06.
• Identify funding sources and design/construction schedule for Burnham Street for FY 06-07
Capital Improvement Project (CIP) Budget.
Benchmarks: Began: December '05. Anticipated completion: May '06.
Fanno Creek Public Area
• Pursuing acquisirion in FY 05-06 of floodplain ptoperties in the area of the proposed public
gathering place adjacent to Fanno Creek Park.
Benchmark.r. Begin discussions with property owners: February '06 Anticipated completion of
negotiations: June '06.
• Prioritize the master planning of Fanno Creek Park and its connection to Downtown for FY 06-07
pending funding availabiliry.
Benchmarks: Proposed for Budget FY '06-07. Anticipated completion: June 30, '07.
• Work to assure passage of the Urban Renewal Plan Ballot measure *
*THIS GOAL IS DIRECTED TO CITY COUNCILORS, NOT CITY STAFF. STAFF CANNOT
PROMOTE OR OPPOSE BALLOT MEASURES IN THE COURSE OF THEIR WORK. THE
FOLLOWING ITEMS ARE EFFORTS THE STAFF HAS MADE TO PROVIDE IMPARTIAL,
FACTUAL INFORMATION TO CITIZENS.
3rd Quarter Update:
The Urban Renewal Ballot Measure passed on May 16, 2006. Efforts to educate the public with
regard to the Ballot Measure were limited due to legal requirements but information was made
available, and City staff wrote articles for Cityscape, coordinated with local newspapers, and produced
a video on Urban Renewal which was run on Cable TV, on line, and made available at the library.
2nd Quarter Ugdate:
Urban Renewal Video. City Articles_ City Website U12date
• The following projects were completed prior to the Urban Renewal Ballot Measure: production and
release of a video about Downtown Tigard and Urban Renewal, articles on the Downtown and Urban
Renewal in the Citycape publication, and update of the City's website to include sections on the Downtown.
The video was shown on public access television and placed on continuous play in the library.
Benchmarks:• Articles placed in Cityscape monthly issues leading up to the Ballot Measure, complete of video
three- to six-weeks prior to election date, Ciry website updated two- to three-months priox to election date.
1 st Ouarter U12date:
• Update the City's website to include section on Downtown, the Tigard Downtown Improvement
Plan and Urban Renewal
Benchmark.r. Started website update January '06. Anticipated completion: March 22, '06
• Coordinate the production of a video to convey ideas and information about the Tigard
Downtown Improvement Plan, its formation and Urban Renewal
Benchmarks: Began video production December '05. Anticipated completion: March 30, '06.
• Write features articles on the Downtown and Urban Renewal in the Cityscape publication.
Benchmarks: Wrote articles for Cityscape publication on Downtown and Urban Renewal which were
included in included February, March, April and May issues.
Counczl Goal Update ¢
• Identify and make changes to the Tigard Development Code needed to implement
the Downtown Plan (e.g., zoning overlays, design standards)
31d Quarter Update
• Staff developed and presented to City Council the initial evaluation and set of
recommendations for new regulations and design guidelines in the Downtown.
• The recommendations entided "Framework Report" was reviewed and endorsed by the
City Center Advisory Commission (CCAC), and presented to City Council on September
19th.
• Staff has developed a complete Program and Outreach Effort to inform and work with
Downtown property and business owners. This will be presented to Ciry Council on
October 10th.
Benchmark.r. The Program for development of new Downtown Land Use regulations will be executed
from June 21 '06 to June 30, '07.
2nd Ouarter U12date:
• A work program was developed to research, develop, and adopt land use regulations and design guidelines
for powntown.
Benchmarks: Program to go from June 21, 2006 to June 30, 2007.
1 st uarter U12date:
• Prepare a work program to begin FY 06-07 to include 1) identifying preferred quality of
development, 2) reviewing recommendations of the Tigard Downtown Improvement Plan,
3) devising new or modifying existing land use regulations, and 4) coordinating stakeholder
involvement.
Benchmark.r. Anticipated time of completion: May 30, '06
• Complete work program tasks 1) identify desired quality of development
2) review recommendations of Tigard Downtown Improvement Plan.
Benchmark.r. Anticipated completion: June 30, `06
• Apply for a TGM Code Assistance Grant to provide consultant assistance in accomplishing the
work program.
Benchmarks: Anticipated completion of grant proposal: May 30, '06
2. Improve 99W Corridor
• Complete Transportation Growth Management (TGM) Corridor Study
3rd uarter U12date
The IGA (Intergovernmental Agreement) with ODOT (Oregon Department of Transportation) has
been executed and notice to proceed on the project was given on August 18, 2006. A TAC (Technical
Advisory Committee) has been formed to perform the technical review of the plan. A CAC (Citizen
Advisory Corrunittee) to guide the preparation of the plan has been formed with members selected
through the established selection process led by the Mayor.
The CAC will be formally appointed by Council via resolution at the Council meeting on October 24,
2006. The TAC and CAC will conduct meetings after completion of major tasks in the scope of work
to review and comment on the consultant submittals. The current schedule calls for five meetings each
of the two committees and three open houses to receive public input on the plan as it is developed.
The project is expected to be completed by the end of Fiscal Year 2006-07 Qune 30, 2006).
Counczl Goal Update 5
After completion of the plan, the CAC will present the findings and recommendations to Ciry
Council for adoption. The high priority projects will be considered for implementation in future years
as funding is identified and made available. Potential land use changes will also be considered for
implementation as opportunities present themselves through new development or redevelopment of
existing properties along the corridor.
2nd Ouarter U12date
The study will evaluate various alternatives alleviating traffic congestion on the highway between Durham Road
and Interstate 5. The intent of the study is to address current traffic deficiencies, present design alternarives and
propose sttategies that would provide for effective traffic circulation, connectivity and operational
itnprovements to the highway and its corridor. The study will:
• provide a plan for management of the corridor
• produce a package of projects (both large and small) that can be implemented over a period of years
as funding sources are identified and designated for these projects
• idenrify and evaluate opportuniries for land use changes to help achieve project objecrives.
• Recommend comprehensive plan and zoning code amendments to allow new market-supported uses
that reduce vehicle trip demand
• Suggest site design requirements to promote alternative modes and xeduce congestion.
The OTAK-DKS consultant team with Randy McCourt of DKS as the team pYOject manager has been selected
to perform the study. The detailed scope of work with Intergovernmental Agreement (IGA) has been
submitted to the Oregon Department of Transportation headquarters in Salem for review and approval. That
process has been exceeding slow. To ensure that the IGA can be prompdy approved once it is submitted to the
Ciry, Council appxoved the draft IGA at the June 27, 2006 meeting and authorized the City Manager to execute
the documents upon submittal to the City. The Citizen Advisory Committee to guide the prepararion of the
plan is being formed and is expected to be appointed by Council in early October 2006. The actual work to
develop the plan is now expected to begin by late August 2006 and should be completed within 12 months
after notice to proceed.
1 st Ouarter Update:
The City staff has been working with ODOT to develop a detailed statement of work for the Highway 99W
Corridox Improvement and Management Plan. The statement of work has been completed and the selection of
the consultant to perform the work will be conducted during the next few weeks. The actual work to develop
the plan is expected to begin by June 1, 2006. The duration of the study is up to 13 months after notice to
proceed.
• Continue Greenburg Road intersection project
3ruarter U12date:
The proposed project to improve the Greenburg Road/Highway 99W/Main Street intersection will
complement the Hall Boulevard/Highway 99W County-funded improvements. Improvements will
enhance traffic circulation across Highway 99W and reduce traffic congestion on the highway along
the corridor adjacent to the Tigard downtown.
The full benefits of the improvements to the Hall Boulevard intersection cannot be realized without
removing the bottleneck that currendy exists at the Greenburg Road intersection. The Transportation
Financing Strategies Task Force recommended to City Council that the project be constructed in
conjunction with the Hall Boulevard/Highway 99W project.
Counizl Goal Update 6
To fund this high priority project, the Task Force recommended that a local gas tax with a five-year
sunset clause be implemented to fund the project. Council directed the establishment of an eYtensive
public process to gain support for the project and the proposed funding source to implement it. Two
open houses have been scheduled in November (November 9t" and 30,") to provide information and
to receive citizen and business input on the proposal.
An ordinance to establish the local gas tax will be submitted for Council consideration at the Council
meeting on December 12, 2006. A public hearing to obtain input will be conducted at the meeting as
part of Council consideration of the proposed ordinance.
2nd Ouarter Update:
An alternatives analysis was conducted to examine circulation issues and impacts of various alternatives a.uned
at improving performance at the Greenburg Road/Highway 99W/Main Street intersection. The current level
of service on Greenburg Road at Highway 99W is extremely poor especially in the afternoon peak travel hours
with vehicles waiting through multiple traffic cycles to clear the intersection. In addition, forecasts for Highway
99W along this area show it is well over capacity in future demand.
Cumnt Status: The alternatives analysis to determuie an optimutn solution for the Main Street/Greenburg
Road/Highway 99W intersection was presented to Ciry Council at the April 18, 2006 workshop meeting and
further discussed at the May 16, 2006 meeting. Council provided direction for staff to further explore the
recommended 'unprovements to the intersection. A concept design with cost estimate was prepared and
submitted to the Transpoxtation Financing Strategies Task Force for comment. The Task Force consensus is
that the recommended unprovements in the study should be constructed to complement the Hall
Boulevard/Highway 99W Intersection Improvements. The Task Force will recommend the establishment of a
local gas tax at the August 8, 2006 Council meeting and will further recommend that the proposed
improvements to the Greenburg Road/Highway 99W/Main Street intersection be designated as the irutial
project for implementation. Council direction will be requested for the Task Force to work with City staff in
the development of an ordinance to establish the local gas tax so that the proposed project can be initiated and
constructed as soon as possible for improved traffic flow through the two adjacent intersections.
1 st Ouarter U12date:
An alternatives analysis was conducted to examine circulation issues and impacts of various alternatives aimed
at improving performance at the Greenbutg Road/Highway 99W/Main Street intersection. A draft report has
been prepaxed, which will be presented to Council at the April 18, 2006 workshop meeting. The draft report
has been provided to the Transportation Financing Strategies Task Force.
• Continue Hall Boulevard intersection project
3rd Ouarter Update:
The Counry continues to work with ODOT to identify the extent of the access management plan
required, design exceptions needed to allow for the expansion without having to reconstruct and
widen the entire street, storm drainage runoff disposal issues, and others.
The MSTIP funding is limited and needs to be managed carefully if the project improvements are to
be constructed as proposed. The intent of this coordination is to be able to provide the design
consultant with specific guidance during the design phase and to ensure that project funding is not
spent unnecessarily on process-oriented work that does not translate into physical improvements on
the ground. As a result of this coordination and discussion, the project design progress has been
delayed and the project schedule will have to be re-established aftenvards.
Counc7l Goal Upclate 7
It is therefore unlikely that the project construction can begin in the summer of 2007. This could work
to the City's advantage if the Greenburg Road project can be funded through a local gas tax. This
delay could provide an opportunity to combine the two projects into one construction project in 2008.
2nd Ouarter U12date:
This project adds capacity to the Hall Boulevard/Highway 99W intersection. It is funded through Washington
County's MSTIP 3(Major Streets Transportation Improvement Pxogram).
Cumnt Statu.r. The project design has begun but is progressing at a relatively slow pace as the County staff
discusses several major issues with ODOT. Some of these issues include the extent of the access management
plan required, design exceptions needed to allow for the expansion without having to reconstruct and widen
the entire street, storm drainage runoff disposal issues, and others. The Counry is seeking to have this project
declared as an interim improvement to reduce the requirements for additional studies and other process-
oriented submittals that represent significant cost but do not actually go into physical improvements on the
ground. The project is still scheduled to begin construction in 2007, but that could change if the right-of-way
acquisition is delayed sufficiendy to require significant adjustment of the currendy projected schedule.
1st Ouarter U12date:
The project is entering into the design phase with construction expected to begin in spring 2007. The design
work and right-of-way acquisition for the intersection widening will be ongoing during the next 12 to 18
months. Because the intersection is a major portal into the Tigard downtown area, the City will be working
closely with the Oregon Department of Transportation (ODO'I) and Washington
Other Important Goals for 2006
• Improve Communication and Relationship with Citizens
• Implement the new neighborhood program throughout the City
3rd Ouarter Update
Staff continues to work on development of the Enhanced Neighborhood Program. In May, Open
Houses were held in two of the pilot areas to provide an opportunity for area residents to comment on
the proposed program elements. Over the summer, staff discussed the proposed program at two
neighborhood events in the third pilot area.
Citizens who had expressed interest in helping develop the program structure were invited to attend
the July CCI meeting. Staff worked with the CCI members at their July, August and September
meetings to refine a proposed structure for consideration by the Ciry Council. Based on Council's
comments and direction given to staff at the October 17 workshop, staff will finalize a proposed
program for the Committee for Citizen Involvement (CCI) comment at their meeting on October 18,
2006. Residents of the pilot areas who have expressed an interest in participating will be invited to an
Open House in November for an opportunity to comment on the proposed program.
1 S` Ouarter U12date:
The Neighborhood Program moved forwaxd as Liz met with the School Board in January, and has met with
and scheduled meetings with the Paxent-Student Organizations (PSO) in the three pilot areas in March.
• Conduct a ciry-wide scientific survey/report card on City services
3rd Ouarter U12date
The results of the city-wide scientific survey/report on city services conducted in May 2006 were
presented to City Council in June.
Council Goal Update 8
1 ti` Ouarter U12date:
The City has chosen Riley Research to prepare and conduct a comprehensive, scienrific communiry survey to
get better information about citizen concerns. This first survey, to be conducted the week of May 14, 2006,
will help to guide the City's efforts to update its Comprehensive Plan, but will also form a baseline for biennial
surveys to help us gage our progress at meeting citizen needs.
• Connect Council with students in schools
3rd Ouarter Ut)date
A representative of Tigard High School continues to attend City Council meetings monthly to present
information about programs and activities at the school. The Tigard Youth Advisory Council has
suggested City Council members have lunch at the High School periodically. Staff will work with
individual Council members to schedule.
• Consider Opportunities for Major Greenspaces Purchases
• Purchase first-refusal options
• Explore School District property exchange
3rd uarter•
Currendy, the City's Cach Creek property lies outside Tigard city limits. On October 10, 2006, the
Council annexed this property into the City of Tigard.
Negotiations between the Ciry, School District, and METRO continue, with the ultimate goal being
that a significant portion of the Fowler School site remains in public ownership. The City is working
within this framework to acquire approximately 35 acres of the Fowler property for possible active
park and greenway use.
Ouarter 1 Update:
The Park and Recreation Advisory Board conducted a comprehensive land acquisition process that evaluated
properties in and around the Tigard communiry. The Fowler School property was identified as high prioriry by
the Board. The Advisory Boards goal is to preserve and protect the Fowler School greenway property as well as
the developable, upland property.
Currently there are fourteen (14) properties being evaluated (seven (7) greenway properties totaling 36.97 acres,
and seven (7) "active" park properties totaling 14.3 acres). Appraisals and Level One Environmental Reports
are being ordered, and negotiations continue with owners.
The City and the School District are currendy working collaboratively to identify a mechanism(s)/ process that
will ensure that the entire Fowler School site will remain in public ownership. It is anticipated that eventually,
an Intergovernmental Agreement will be created that will enable this to happen.
The School Board is conducting a process aimed at identifying surplus property within the District. Fowler
School will be discussed at a meeting to be held in April. City staff will be at that meeting.
Metro is conducting a land acquisition bond measure in November 2006. A portion of the bond measure is
dedicated to local share distribution.
• Clarify City's Position on the Provision of Urban Services to Unincorporated
Areas and in the Best Interests of the Citizens of Tigard
Third Ouarter U12date
• The Urban Services Intergovernmental Agreement is terminated.
Counczl Goal Update 9
2nd Ouarter U12date:
• Implemented termuiation of Urban Services Intergovemmental Agreement prior to effective date of July
20, 2006.
1" Quarter U12date:
At the meeting on March 28, 2006, the City Council decided to terminate the Urban Services
Intergovernmental Agreement with Washington Counry whereby the Ciry provided building permits and
inspections and development services to the unincorporated portions of Bull Mountain. It is important to
note that the termination of the development services intergovernmental agreement does not indicate a change
in the City's long stated policy and the underlying Urban Services Agreement with Washington County and
other urban services provider to be the ultimate provider of services to the Bull Mountain area.
The Ciry will continue to annex land within that area as property owners request annexation and as allowed by
law.
• Secure Long-Range Water Source(s)
3rd uarter•
This quarter, work continues on the analysis of a Lake Oswego /Tigard partnership to expand Lake
Oswego's water rights and treatment plant. The Tigard Ciry Council is slated to meet with the Lake
Oswego City Council and the Intergovernmental Water Board on November 14 to discuss the
partnership and the type of information Councilors and Board members will need in order to make a
decision about forming the partnership.
The draft environmental impact statement for the Hagg Lake dam raise project is now expected in
December 2006. In early 2007, the Council will need to consider whether to continue the City's
participation in the project as this decision will affect the FY'07-'08 budget.
2nd Ouarter Update:
This quarter work progresses on the Lake Oswego /Tigard analysis of the potential expansion of Lake
Oswego's water rights and treatment plant modifications. Draft white papers, on several topics covered in the
study, will be available soon.
The Tigard City Council also entered into a partnership with the Tualatin Valley Water District to develop the
right-of-way and easements for the north/south regional water transmission main. This key pipeline will
connect all the major Westside water sources.
The draft environmental impact statement for the Hagg Lake dam raise project is due next quarter. The
Council will need to consider whether to continue its participation in the project; the next phase of the project
involves a commitment to fund the improvements.
15,~uarter U12date:
The City continued participation in the Hagg Lake expansion study. Council will need to decide during the 3rd
quarter if we wish to continue into the construction process.
Secured a joint funding agreement with Lake Oswego for addition evaluation of a joint project.
Continued participation in the Willamette River Water coalition to protect and develop our water rights.
Successfully negotiated a shorter term contract with Portland to provide transition to an alternate source(s).
Councz! Goal Update 10
• Stabilize Financial Picture
• Review Financial Strategy Task Force recommendations
• Take appropriate action to control costs
3rdQ " uarter Update:
Significant Work Elements
■ Completed conversion of the Springbrook financial software to an upgraded version (6.05).
■ Completed conversion from the purchasing card software EAGLS to WORKS and conducted
staff training.
■ Closed several open accounts and now using p-card and/or purchase orders.
■ Auditors completed interim work for FY 2005-06.
■ Worked with Finance Director on process reviews for procurement and Human Resources.
■ Started working with Public Works on Street Maintenance cost analysis.
■ Transportation System Development Charge (TSDC) - Engineering now plans on using the
umbrella DKS contract recendy approved by the City Council.
Mcasurc 15f uartcr 2"d uazter 3rd uarter 4,h uartcr
Plan Actual Plan Actual Plan Actual Plan r\ctual
P ro!lCheck.rProceaaed 1,800 1,778 2,100 1,800 2,100
Accouat.r PryaLle Check.r 1,200 1,423 1,350 1,350 1700
Check Reguert.r/Invoicer 3,600 3,087 3,300 3,500 3,700
Pmce.cted
NumGer of Water 17,300 17,472 17,325 17,350 17,400
Aaounta
TotolNumGerofUtility 19,200 19,302 19,250 19,300 19,350
Bi!!in Accounta
Nfimber aJPo.r.rporl 60 236 SO SO 75
A licatronr Amaa.red
N1imGer of Utilily Br1Lr 26,300 26,425 29,600 28,500 28,700
Sent
NxmGer oJMetera Sold 70 72 SS SO 75
UB On/iae Regirtered 3,100 3,728 3,125 3,150 3,200
Uter.r
UBOalineNumGerof 950/,8104,500 1,5071$160,109 1,1001$121,000 1,3001$143,000 1,4001$154,000
TranracJiona/ Dollar.r
NumGer oJParchasing 775 890 775 825 825
Card Trantactron,r
NumGer ojPurchaae 120 61 90 80 SS
Orrler.r Pmce.cred
SiZe of Inoertmeat Poo/ ,845.0 mi!lion $46.6 $49.0 million $S 1.5 mi!/ion $46.0 mi!lian
(LGIP and 3^d Pa
2"`' Ouarter Ugdate:
Significant Work Elements Accomplishments During the Quarter
• Worked with Finance Administration on the Budget Committee meetings and final adoption of the FY
2006-07 Budget.
■ Completed RFP process for new coffee bar vendor and TV Van.
■ Scheduled upgrade of the Ciry's financial software to the most recent version (6.05).
■ Initiated the conversion to a new procurement card processing software.
■ Initiated year-end closing procedures for FY 2005-06.
■ Began working with Public Works staff on a cost study of certain activities in the Street Maintenance
Program.
• Completed pxeliminary work with the outside auditing fixm for FY 2005-06 audit.
Councz! Goal Update > >
~ Finance Director initiated a business process review of the City's purchasing/ acqui sition process and
procedures.
■ Performance Measurements (Clpdate Mea.rarre.r from .Budget Document)
o Workload Indicators
Mcasurc 1~1 Quartcr 2^d Quartcr Yd Quarter 4,h Quartcr
Plan Actual Plan Actual Plan r\ctual Plan Actual
PayrollCbeck.r Procerred
1,738 1,773 1,808 2>081 1,532 1,771 1,822 2,085
Accountc PayaG/e Check.r
1,326 1,153 1,375 1,291 1,370 1,176 1,429 1,289
Check Reqne,rtr/Inrroicer
Proce,r.red
3,944 3>621 4,125 3,329 3,762 3,097 4,669 3,850
NrimLer oj IP/ater Accouirta
17,040 17,115 17,060 17,206 17,105 17,328 17,150 17,432
NumGer of Uti/ity Bills Sent
25,283 26,257 28,524 29,447 27,227 28,334 27,011 28,471
NiimGer of Meter.r Sold
GO 93 35 91 45 124 60 121
UB Onlrne Regirtered U.rer.r
2,700 2,847 2,750 3,059 2,790 3,311 2,830 3,518
UBOnlineNumGerof 9501 1,1121 1,000/ 1,205 1,100/ 1,343/ 1,150 1,360
Tran.ractrona/Dollarr $71,250 ,8111,084 875,000 $142,848 $82,500 ,$122m902 1,886,250 1$112,541
NumLer of Pnrcha.ring Card SSO 778 570 771 600 747 630 846
Trmuactian.r
NumLer of Prirchaae Orderr 144 93 94 67 17 68 95 62
Pmces.red
SiZe aJlnvertment Poo! $46.5 ,8'45J $50.0 $52.0 $48.5 ,852.6 846.0 $50.6
(LGIP and 3'd P Million Million A1i!6oa Million Million Million Million Million
151 Quarter U12date:
At the end of last year's budget process, the City Council appointed a task force made up of citizen members
of the City's Budget Committee plus representatives of each of the City's other boards and committees. This
citizen task force met over an 8 month period to review the City's financial situation. They concluded that the
City's financial affairs are well managed and that the City is not providing any unnecessary services. They
recommended that the City contract for outside performance audits to review selected city services and to
develop recommendations for improvements. The 2006-07 proposed budget includes a request for $75,000 to
pay for up to two performance audits to accomplish these purposes. The task force also recommended that
the City continue its past practice of making sure that all fees and charges are kept current and recover the full
cost of providing services for which they are charged. The City will continue with this practice by reviewing all
fees and charges annually as required by City Code.
Councz! Goal Update 12