The URL can be used to link to this page

City Council Packet - 09/08/2009 City of Tigard Tigard Business Meeting - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: September 8, 2009 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 ft PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for 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 C, C, (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). 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 Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deal}. CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 P.M. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB AGENDA - September 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 v ww.tigard-or.gov Page 1 of4 City of Tigard ® Tigard Business Meeting - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: September 8,2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM STUDY SESSION • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) to discus real property transaction negotiations. 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - 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 for Non-Agenda Items 2. PROCLAMATIONS A. PROCLAIM SEPTEMBER AS NATIONAL ALCOHOL & DRUG ADDICTION RECOVERY MONTH B. PROCLAIM SEPTEMBER 17-23 AS CONSTITUTION WEEK • Mayor Dirksen 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Taylor Friesen • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL/LCRB AGENDA - September 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ~v ww.tigard-or.gov Page 2 of4 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Receive and File: a. Council Calendar b. Tentative Agenda 4.2 Approve an Amendment to the Intergovernmental Agreement between the City of Tigard and the Tigard-Tualatin School District 23J and Beaverton School District 48J for the collection of the construction excise tax and Authorize the City Manager to sign - Resolution No. 09- 4.3 Appoint Committee Members to the Transportation Advisory Committee (TAC) 4.4 Approve Amendment #1 to City Manager Employment Agreement 5. REPORT ON FAMILY FEST • Administration Department 6. LEGISLATIVE PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT (DCA 2009-00003) OMNIBUS "HOUSEKEEPING" ITEMS a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. City Council Consideration: Ordinance No. 09- Item 7 has been rescheduled to November 10, 2009 8. CONSIDER PROPOSED ORDINANCE AMENDING CITY'S GAS TAX TO BRING IT INTO COMPLIANCE WITH STATE GAS TAX LEGISLATIVE CHANGES • Finance and Information Services Department • City Council Discussion • City Council Consideration: Ordinance No. 09- TIGARD CITY COUNCIL/LCRB AGENDA - September 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ~v ww.tigard-or.gov Page 3 of4 9. COUNCIL LIAISON REPORTS 10. NON-AGENDA ITEMS 11. ADJOURNMENT I:AADM\CATHY\CCA\2001\090908 businessP.doc TIGARD CITY COUNCIL/LCRB AGENDA - September 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ~v ww.tigard-or.gov Page 4 of4 Ig I ..a sr' y !ir' IW°.. h• 74~~~d E k - ro k ~t fir ct.~~ T~r.nllb'dTl m T u i1 e 4.Y r §p RI6sa City ofTigard 1- I - National Alcohol and Drug Addiction ` Recovery Month ~r e WHEREAS, 22.2 million people in the United States have faced a substance use disorder in the past year, and all deserve to experience the many benefits of recovery; and WHEREAS, treatment reduces reported job problems, including incomplete work and absenteeism, by an average of 75 percent; and q WHEREAS, treatment is cost effective, with some measurements showing a a • benefit-to-cost ratio of up to 7: 1 and WHEREAS, we must recognize the financial savings associated with treatment ' services, and ensure that such services are readily available to those who need i .i ' assistance; and, WHEREAS, it is critical that we educate our community members and local businesses that substance use disorders are a treatable, yet serious health care tl problem, and by taking steps to address it, as well as provide support for the families and children of those with these disorders, we can save both lives and . F o dollars; and } R. WHEREAS, to help achieve this goal, the U.S. Department of Health and Human i f Services, the Substance Abuse and Mental Health Services Administration, and the µ White House Office of National Drug Control Policy; invite all residents of Tigard P~ to participate in National Alcohol and Drug Addiction Recovery Month. mmR NOW, THEREFORE BE IT RESOLVED THAT I, Mayor Craig Dirksen of the I ' City of Tigard, Oregon, do hereby proclaim the month of September 2009 ash °£I NATIONAL ALCOHOL AND DRUG 1a ' ADDICTION RECOVERY MONTH ! ! ~ ; ~R in Tigard and call upon the community to observe this month with appropriate a.q programs, activities, and ceremonies. p I{ Dated this day of 2009. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the E City of Tigard to be affixed. 1 Craig E. Dirksen, Mayor City of Tigard it Attest: - f r City Recorder I a...-^^-.-- ~.^-a.(q•-- . _ 4'1e, 1' T F.i R.C. T J 4ti. l .t:; - --7i'~....'sue If V F 6-.~ N61_ 3 - `T+ J li i :9' aq -•eWC a®-1:. 1•- 4k~ fw'S4r _ :p: 'III Rrl t { [~,4 1-4 _7T f - - °°4 I !t t 6In-0 ~ I k~~: p ? it. i j City of Tigard { . Constitution Week T I -f ; WHEREAS., September 17, 2009, marks the two-hundred-twenty-second anniversary of the drafting of the Constitution of the United States of America , by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebration which will commemorate the occasion; and ; - WHEREAS, Public Law 415 guarantees the issuing of a proclamation each year =1, by the President of the United State of America designating September 17 1 i' through 23 as Constitution Week; and NO THEREFORE E IT RESOLVED THAT I, Craig Dirksen, Mayor of ~ the City of Tigard, Oregon, do hereby proclaim the week of September 17 ' through 23, 2009 as Constitudon Week - j, in Tigard, Oregon and encourage all citizens to reaffirm the ideals of the 1 Constitution by vigilantly protecting the freedoms guaranteed to us through this q guardian of our liberties. Dated this day of , 2004. IN I WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Craig E. Dirksen, Mayor { City of Tigard Attest: City Recorder I y i 66 F V 8 a - rt~ : (DA E OF K-ETI G) Tigard High Leadership 9000 SW Durham Rd. 4 Tigard - Oregon o 97224 (503) 431-5518 City Council Report: September 8, 2009 Student Envoy: Taylor Friesen 1. Academics a. New principal, Mark Nefkendork b. First Day for Freshmen is tomorrow, September gtn c. First full day for all students is Thursday, September Ott, U. Athletics a. Football will be playing Sprague this Friday at 7:00 PM III. Arks a. Orchestra has been reinstated at Tigard Nigh, and will join Band, Guitar, and Chair in planning fall performances IV. Activities a. Welcome Back Assembly is Friday, September 11th i. Theme: "Let's Get Ready to Rumble!" ii. Deco Day was today, September 8th b. Link brew i. Volunteer Juniors and Seniors will help Freshman on their first day tomorrow .c. Tigard Tail-haters! i. New way to stark games _ eat food and hang out! ii. From 5:30 to 6:45, free with admission to game! d. Cultural Meet-n-Eat i. Friday, September 24th ii. Come to meet students of different backgrounds and eat delicious food! e. Homecoming i. Parade and Game on October its, ii. Grand Marshall is our new principal! Agenda Item No. For Agenda of September 8 2009 MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three-Month Council Meeting Calendar DATE: August 31, 2009 Regularly scheduled. Council meetings are marked with an asterisk September 7 Monday Labor Day Holiday - City Hall Closed 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Tuesday Strategic Planning Meeting - 6:30 pm, Fanno Creek House October 6 Tuesday Town Hall Meeting - 7-9 pm, Town Hall 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall November 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting 6:30 pawn, Town Hall 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 26&27 Thurs/Fri Thanksgiving Holiday - City Hall Closed L•\ADM\Gity Council\Council Calendar\3-month calendar Co 090908 cc mtg.doc Tigard City Council Tentative Agenda 2009 Meeting Date: September 8, 2009 Meeting Date: September 15, 2009 Meeting Date: September 22, 2009 Meeting Type/Time: BusinesstCCDA 6:30 p.m. Meeting TypetTime: Workshop & CCDA16:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due July 28, 2009 Request to Schad. Due August 4, 2009 Request to Sched. Due August 11, 2009 Materials Dire @ 5: August 25, 2009 Materials Due @ 5: September 1, 2009 Materials Due @ 5: September 8, 2009 City Manager Prosser Absent Study Session - Time Schad, 15 min. - 30 Avail. Workshop Agenda Study Session - Time Sched. 45 min. Time Avail 0 min. Exec less - Burnham St. Briefing - Kim Mc - 15 rain. Park & Rao Advisory Board Joint Meeting - Sl - PW -30 min. Exec, Session - Pending Litigation - Todd P, - 25 min. Street Maint. Fee - Toby - 45 min Exec Session - Signs in ROW - Ron/Dick -15 min. Regional Transportation Planning Update - Mike W & Review & Discussion of Topics for the 2009 Community & Ron B. - 15 min. Attitudes Survey - Liz and rent - 5 min. Consent Agenda Draft Metro 2009-30 Housing-Employment Projec- Consent Agenda Amend School Districts' Construction Excise Tax IGA Lions and Urban Growth Report -John F., Ron B. LCRB Award Const, Contract with Burnham & Ash - Kim Mc. - Mark V. - RES 30 min. LCRB - Award Hall Blvd. Crosswalk Construction Contract Appoint Trans. Advisory Comm. Members - Gus -RES Potential Repeal of Title 18 Minimum Density North of Fanno Creek Bridge - Vann€e Approve Amendment to City Manager Compensation Requirements - Darren - 30 min. LCRB - Award Fanno Ck. Trail and Bridge Construction Package - Craig P. from Hail Blvd. to Creek - Vannie LCRB-Hoodv€ew Sewer Dist. #45 Const. Contract -Gus LCRB-Baylor St. Sewer Dist. #46 Const. Contract-Gus Business Meeting TITS Student Envoy -10 min. Business Meeting Pros. - National Alcohol & Drug Addiction Recovery - Chamber of Commerce Rep. month - Joanne - 2 min. Proc° - Family Day - A Day to Eat Dinner with Your Pros. - Constitution Week - Joanne 3 min. Children - Joanne B. - 5 min. Family Fast - Joanne 5 min. TVF&R Update on Move to Tigard - Liz - 10 min. PH - Legislative -DCA 2009-00003 Omnibus house- Metro Council President Bragdon - Intertwine Program for keeping Items to add definitions, correct typos and Connecting Parks Presentation - Steve M. - 30 min. erroneous references affecting 25 sections PH - Revised Building Fee Schedule - Mark - RES-20 min, in the Community Dev. Code - Hap W® 2 min, Citywide ;Sewer Extension Program Update - Gus - 20 min fit PsrlrVr? o' T"i tPYtl 4„ Time Avail: 110 min. - Time Scheduled: 110 min. Time Avail: 180 min. -Time Scheduled: 150 min. Time Avail: 110 min. - Time Scheduled: 65 min. Time Left. 0 min. Time Left: 30 min. Time Left: 45 min. Page 1 of 5 Color Key: Admin-Green CD - Red HR - Magenta Rnance/IT - ~'I,i J , R ; Library - Aqua Police - Blue Risk - Purple PW - Brown CG = Council Goal 8131/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: September 29, 2009 Meeting Date: October 6, 2009 Meeting Date: October 13, 2009 Meeting Type/Time: Work Session/6:30 p.m. Meeting TypeTrime: Town Hall/ 7-9 p.m. Meeting TypeTTirne: Business/CCDA/6:30 p.m. Location: Fanno Creek House Location: City Hall Location: City Hall Facilitator: Request to Schad. Due September 1, 2009 Materials Due @ 5: September 29, 2009 Council Work Session Special Town Hall Study Session - Time Schad. 30 min. Time Avaii 15 min. E , rn' - Strategic Planning Town Hall C in on, - r - r in, Consent Agenda Business Meeting THS Student Envoy - 10 ruin. P- se T!-n--i Municipal Code 7.74 regard°ng Emergency r n - Mike Lu cl~ - 3n min. - r; -;D 3 prow reject I- iin. Time Avail: 110 min. -Time Scheduled: 50 min. Time Left 60 min. Page 2 of 5 8/3112009 Tigard City Council Tentative Agenda 2009 Meeting Date: October 20, 2009 Meeting Date: October 27, 2009 Meeting Date: November 10, 2009 Meeting Type/Time: Workshop/CCDA/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Schad. Due September 8, 2009 Request to Sched. Due September 15, 2009 Request to Schad. Due September 29, 2009 Materials Due @ 5: October 6, 2009 Materials Due @ 5: October 13, 2009 Materials Due @ 5: October 27, 2009 Workshop Agenda Study Session - Time Schad. 45 min. - 0 Avail. Study Session - Time Sched. 45 min. - 0 Avail. Consent Agenda Consent Agenda Workshop can Downtown Code Amendments and Design Standards -.Sean - 45 rnin. - PPT Urban Forestry Master Plan Workshop - PPT - Todd Marissa - 60 rains. Council Briefing 3 - Tigard Transportation System Plan Update Darren -30 rain. Business Meeting Business Meeting Chamber of Commerce Rep. THS Student Envoy - 10 min. Council Goal Update - Admin. SI - 15 min. Youth Advisory Council Update - PD - SI - 15 min. Review Options - Amend TMC - Advertising Signs Approve Urban Forestry Master Plan - Todd Madssa - in Public Right of Way-Dick B., Ron B. - 30 rain. PPT,- 60 rains - RES Time Avail: 180 min. - Time Scheduled: 180 min. Time Avail: 110 min. -Time Scheduled: 45 min. Time Avail: 110 min. -Time Scheduled: 85 min. Time Left: 0 min. Time Left: 65 min. Time Left: 25 min. Page 3 of 5 8/31/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: November 17, 2009 Meeting Date: November 24, 2009 Meeting Date: December 8, 2009 Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/ 6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Schad. Due October 6, 2009 Request to Schad. Due October 13, 2009 Request to Sched. Due October 27, 2009 Materials Due @ 5: November 3, 2009 Materials Due @ 5: November 10, 2009 Materials Due @ 5: November 24, 2009 Workshop Agenda Study Session - Time Sched. 45 min. - 0 Avail. Study Session - Time Schad. 30 min. - 15 Avail. Annual meeting with Tree Board - SI - CCU - 0 Reception - Police Dept. City Attorney Review - Admin. SI - 30 min. Discuss Repeal of Title 18 Minimum Density Requirements - Darren - 45 mine 2nd Workshop on Downtown Code Amend- ments - Seen - 60 min. Consent Agenda Consent Agenda Appoint CCAC Members - Sean - RBS Business Meeting Business Meeting Chamber of Commerce Rep. THS student Envoy -10 min. Recognition of Chief Dickinson - Craig P. - Legislative PH - Repeal of Title 18 Minimum Density 20 mins. Requirements - barren - 45 min. Legislative PH - Downtown Code Amendments Sean 55 ruin. Time Avail: 180 min. - Time Scheduled: 165 min. Time Avail: 110 min. -Time Scheduled: 20 min. Time Avall: 110 min. -Time scheduled: 110 min. Time Left: 15 min. Time Left: 90 min. T€me l-eft: 0 min. Page 4 of 5 8/3112009 Tigard City Council Tentative Agenda 2009 Meeting Date: December 15, 2009 Meeting Date. December 22, 2009 Meeting Date: December 29, 2009 Meeting Type/Time: Workshop& CCDAl6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Fifth Tuesday/7-9 p.m. Location: City Hail Location: City Hall Location: Water Bldg. Aud. Request to Sched.. Due November 3, 2009 Request to 5ched. Due November 10, 2009 Facilitator: Materials Due @ 5: December 1, 2009 Materials Due 5: December 8, 2009 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Fifth Tuesday rte CANCELLED I Consent Agenda Business Meeting Chamber of Commerce Rep. Time Avail: 180 min. - Time Scheduled: 55 min. Time Avail: 110 rain. - Time Scheduled: 0 min. Time Left: 125 min. Time Left: 110 min. Page 5 of 5 8/28/2009 Agenda Item # Meeting Date September 8,..2009 COUNCIL .AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title School District Construction Excise Tax IGA A endment Prepared By: Mark VanDomelen Dept Head Approval: City Mgr Approval: tee ISSUE BEFORE THE COUNCIL Consider passing a Resolution that approves and authorizes the City Manager to sign an amendment to the existing IGAs (Intergovernmental Agreements) between the City of Tigard and the two school districts located within the City's boundaries the Tigard - Tualatin School District 23J and the Beaverton School District 48 J - for the collection and remittance of a Consuucton Excise Tax (CET) per ORS 320.17O. The resolution also authorizes the City Manager to terminate the existing IGAs as allowed under Section 3 if negotiation of the terms of the amendment, with either or both of the School Districts, extends beyond the implementation date in the State legislation. STAFF RECOMMENDATION Approve the attached resolution. KEY FAcTs AND INFORMATION SUMMARY • The IGAs currently allow the City of Tigard to retain the full 1% administrative fee as allowed by Section 5 of Senate Bill 1036 (SB1036), which was passed in May of 2007. • House Bill 2014 (HB2014), which modifies S131036, allows the collecting jurisdiction to retain up to 4% of the collected tax for administrative purposes. • The actual cost of administering the collection and remittance of the tax is difficult to calculate. Some payments are made with credit cards which the City pays discount fees against. Tracking which of the payments are subject to the additional fees increases the overall administrative costs. The staff time required to collect and remit the tax is also difficult to calculate as it is spread over multiple divisions and departments within the City. Based on costs of staff titrae, overhead, and credit card discount fees, staff believes actual expenses to be at least 4% of the collected tax. • Beaverton School District has indicated willingness to amend the IGA. as proposed. Tigard-Tualatin School District has indicated a desire for the City to document its actual expenses to confirm they are 4% or more of the collected tax. The requirements of documenting the actual expenses would add to the administrative costs. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCII, GOALS N/A ATTACHmF,NT LIST Attachment 1 Proposed Resolution to approve and authorize the City Manager to sign amendments to existing IGAs for the collection and remittance of a School District Construction Excise Tax Exhibit A Proposed arnench-nent to CET-IGA with Tigard Tualatin School District 23J Exhibit B Proposed amendment to CRT-IGA with Beaverton School District 48J Attachment 2 Existing IGA with Tigard - Tualatin School District Attachment 3 Existing IGA with Beaverton School District FISCAL NOTES The amendment to the IGAs would more adequately allow the City to recover: achninistrative costs associated with the collection and remittance of the School District CET. CI'T'Y OF TIGARD, OREGON TIGARD CITY COUNCIL, RESOLUTION NO. 09- A RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AMENDMENTS TO EXISTING INTERGOVERNMENTAL AGREEMENTS FOR THE COLLECTION AND REMITTANCE OF A SCHOOL DISTRICT CONSTRUCTION EXCISE TAX WHEREAS, the City has existing IGAs (Inter Governmental Agreements) the two school districts located within the City's boundaries - the Tigard-Tualatin School District 23 and the Beaverton School District 48J - for the collection and remittance of the a Construction Excise Tax (CET"); and WHEREAS, the IGAs currently allow the City of Tigard to retain the full 1% administrative fee as allowed by section 5 of Senate Bill 1036 (SB1036)which passed ua May of 2007; and WHEREAS, House Bill 2014 (HB2014), which modifies SB1036, allows the collecting jzuisdiction to retain up to 4% of the collected tax for administrative purposes; and WHEREAS, based on costs of staff time, overhead, and credit card discount fees, staff believes actual expenses to be at least 4% of the collected tax; and WHEREAS, Section 10 of the existing IGAs allow for amendments to the IGAs; and WHEREAS, Section 3 of the existing IGAs allow for the termination of the existing IGAs with 60 day written notice. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that. SECTION 1: The amendments shown in Exhibits A and B are approved and the City manager is authorized to sign the amendments or to terminate the existing IGAs as allowed under section. 3 if negotiation of the terms of the amendment with either or both of the School Districts extends beyond the implementation date i the State Legislation. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 1 EXHIBIT "A" FIRST MODIFICATION OF INTERGOVERNMENTAL AGREEMENT TO COLLECT AND REMIT CONSTRUCTION EXCISE TAX BETWEEN THE TIGARD-TUALATIN SCHOOL DISTRICT 23J AND THE CITY OF TIGARD This First Modification of Intergovernmental Agreement to Collect and Remit Construction Excise Tax Between the Tigard-Tualatin School District 23J and the City of Tigard is effective on the last date of the signature below, and is by and between the Tigard-Tualatin School District, a school district organized under the laws of the state of Oregon ORS 330.005 ("School District"), and the City of Tigard, a political subdivision of the State of Oregon, collectively referred to as "Parties." WHEREAS, the Parties are signatories to that Intergovernmental Agreement dated February 12, 2008; and WHEREAS, Chapter 534, Oregon Laws 2009 (House Bill 2014), increases the rnaximurn administrative collection fee from one percent (1%) to four percent (4%) of the construction excise tax ("CET") that the local government may retain; and WHEREAS, the CET imposed by a school district must be collected, subject to ORS 320.179, by a local government that issues a permit for structural improvements regulated by the state building codes; and NOW THEREFORE, the Parties hereto agree as follows: 1. Section 9(a) is modified to increase the amount of CET revenue collected as an administrative collection fee from one percent (1%) to four percent (4%), subject to the amount of an administrative fee, if any, established under subsection (3) of Chapter 534, Oregon Laws 2009 (House Bill 2014). 2. All other terms and conditions of the Intergovernmental Agreement between the Parties are incorporated herein by reference as though fully set forth herein. Tigard-Tualatin School District 23J: City of Tigard: By: By: Printed Name: Craig Prosser Title: Superintendent Title: City Manager Date: Date: By: Printed Name: Title: Board Chairman Date: PAGE 1 - FIRST MODIFICATION 50014-36799173550.docIS IH1312412009 EXHIBIT A EXEMPTIONS The following improvements are exempt from the Construction excise tax by statute: 1. Private School Improvements 2. Public Improvements as defined in ORS 279A.010 3. Residential housing that is guaranteed to be affordable, under guidelines established by the United States Department of Housing and Urban Development, to households that earn no more than 80% of the median household income for the area in which the construction tax is imposed, for a period of at least 60 years following the date of construction of the residential housing. 4. Public or Private hospital improvements 5. Improvements to religious facilities primarily used for worship or education associated with worship. 6. Agricultural buildings as defined in ORS 455315(2)(a). 7. Facilities that are operated by a not for profit corporation and that are: a. Long term facilities, as defined in the ORS 442.015; b. Residential care facilities, as defined in ORS 443.400; or c. Continuing care retirement communities, as defined in ORS 101.020. PAGE 2 FIRST MODIFICATION 50014-36799173550.docW f11812412009 EXHIBIT B FIRST MODIFICATION OF INTERGOVERNMENTAL AGREEMENT TO COLLECT AND REMIT CONSTRUCTION EXCISE TAX BETWEEN THE BEAVERTON SCHOOL DISTRICT 48J AND THE CITY OFTIGARD This First Modification of Intergoverrn iental Agreement to Collect and Rernit Construction Excise Tax Between the Beaverton School District 48J and the City of Tigard is effective on the last date of the signature below, and is by and between the Beaverton School District, a school district organized under the laws of the state of Oregon ORS 330.005 ("School District"), and the City of Tigard, a political subdivision of the State of Oregon, collectively referred to as "Parties." WHEREAS, the Parties are signatories to that Intergovernmental Agreement dated February 26, 2008; and WHEREAS, Chapter 534, Oregon Laws 2009 (house Bill 2014), mere lses the maximum administrative collection fee from one percent (1%) to four percent (4',0) of the construction excise tax ("CET") that the local government may retain, and WHEREAS, the CET kiipo ed by a school district must be collected, subject to ORS 320.179, by a local government that issues a permit for structural improvements regulated by the state building codes; and NOW THEREFORE, the Parties hereto agree as follows: 1. Section 9(a) is modified to increase the amount of CET revenue collected as an administrative collection fee from one percent (1%) to four percent (4%), subject to the amount of an administrative fee, if any, established under subsection (3) of Chapter 534, Oregon Laws 2009 (Flouse Bill 2014). 2. All other terms and conditions of the Intergovernmental Agreement between the Parties are incorporated herein by reference as though fully set forth herein. Beaverton School District 48J: City of Tigard: By: By: Jerome Colonna Craig Prosser Title. Superintendent Title: City Manager Date: Date. PAGE 1 - FIRST MODIFICATION 5001 -3679917354'J.&OS,11111Y124P-009 EXHIBIT A EXEMPTIONS The following improvements are exempt from the Construction excise tax by statute: 1. Private School Improvements 2. Public Improvements as defined in ORS 279A.010 3. Residential housing that is guaranteed to be affordable, under guidelines established by the United States Department of Housing and Urban Development, to households that earn no more than 80% of the median household income for the area in which the construction tax is imposed, for a period of at least 60 years following the date of construction of the residential housing. 4. Public or Private hospital improvements 5. Improvements to religious facilities primarily used for worship or education associated with worship. 6. Agricultural buildings as defined in ORS 455.315(2)(a). 7. Facilities that are operated by a not for profit corporation and that are: a. Long term facilities, as defined in the ORS 442.015; K Residential care facilities, as defined in ORS 443.400; or c. Continuing care retirement communities, as defined in ORS 101.020. PAGE 2 - FIRST MODIFICATION 50014-36799173548.docUM-11811412009 Attachment 2 INTERGOVERNMENTAL AGREEMENT TO COLLECT AND REMIT CONSTRUCTION EXCISE TAX BETWEEN THE TIGARD-TUALATIN SCHOOL DISTRICT 23J AND THE CIT'E' OF TIGARD This Intergovernmental Agreement is effective on the last date of signature below, and is by and between the Tigard-Tualatin. School District School DiAWet, a school district organized under the laws of the state of Oregon ORS 330.005 ("School District"), and the City of Tigard, a political subdivision of the State of Oregon, collectively referred to as "Parties." WHEREAS, OILS 190.003 to 190.030 allows units of local government to enter into agreements for performance of any or all functions and activities which such units have authority to perform; and WHEREAS, Chapter 829, Oregon. Laws 2007 (Senate Bill 1036), authorizes school districts, as defined in ORS 330.005, to impose construction excise taxes to fund capital improvements to school facilities; and WHEREAS, School District represents that it has prepared and adopted a long term facilities plan for capital improvements, as required by SB 1036, and WHEREAS, School District is conteinplating imposing a construction excise tax within the School District and desires to enter into an intergovernmental agreement with City of Tigard to collect the tax prior to the adoption of a construction excise tax; and NOW THEREFORE, the Parties hereto agree as follows: 1. Information and Fortes. School District shall create and providelo City of Tigard: (i) information, forms, and assistance explaining the School District Construction Excise Tax ("CET")} (ii) information and forms for CET exemptions; and (iii) any other farms or information necessary for implementation of the CET. 2. Staffing, City of Tigard shall provide sufficient staff to calculate and collect the School District CET as proscribed in this agreement along with its collection of other construction permit fees. School District shall provide sufficient staff to implement the CET program. 3. Collectionn,;Start date. City of Tigard agrees to assess and collect the CET on behalf of School District for those properties within School District and within City of Tigard. City of Tigard shall begin collecting the District CET on March 1, 2008 after the District gives notice to the City of Tigard of the adoption of the CET, -including a copy of District's resolution imposing the tax, or the effective date of the CET stated in the Resolution, whichever is later. City of Tigard shall collect the District CET until the CET expires or this agreement is terminated by either the School District or City of Tigard upon 60 days written notice. In the event the School-District increases or otherwise page I of 6-- CST IGA City of Tigard 7Ygard Tualatin School District modifies the tax, it shall send written notice to the City of Tigard of the increase or other modification; including a copy of School District's resolution adopting the change. The City of Tigard shall collect the tax at the new rate within fifteen (15) business days after notice is :received by the City of Tigard, or upon the effective date of the change stated in the School District Resolution, whichever is later. 4. Exemptions. School District shall provide City of Tigard with all forms necessary for CE'T' exemptions, and any other foams or information necessary for implementation of the CET. If a Person or entity asserts that it is exempt from the CET and files a School District CET Exemption Form at the time the CET would otherwise be due, City of Tigard will grant the exemption if it appears to be a valid claim of exemption under the School District Resolution adopting the CET. It shall be School District's responsibility to determine the validity of the exemption and to institute collection procedures to obtain payment of the CET, as well as any other remedy School. District may have under law, if the Person was not entitled to the exemption. Statutory exemptions to the CET are included in exhibit A to this agreement. 5. Remittance. Following the effective date of this Agreement, City of Tigard shall remit thecollected CET to School District on a quarterly basis, by the 30th of the month following the quarter's end. The CET remittance and the CET Report shall be sent to the School District, attention. Bonnie Maplethorpe, at 6960 S.W. Sandberg Street, Tigard, Oregon 97223. Remittance will be by electronic, funds transfer to School District's Local Government Investment Pool Account Number 4036 or other similar account as School District will hereafter designate. 6. CET Deports. City of Tigard of Tigard shall prepare and submit to the School District a report of the CETs collected and building permits issued by the City of Tigard for the previous quarter's construction activities within the School District boundaries. The report shall include: the number of building permits issued that month; the aggregate square footage of residential construction; the aggregate square footage of non-residential construction; the number of building permits for which CET-exemptions were given.; the aggregate square footage of construction for the exempted construction; the aggregate amount of CET paid; and the amount of CET achninistrative fee retained by City of Tigard pursuant to this Agreement. 7. Failure to Pay CET. Construction Excise Taxes shall be paid by the persona undertaking construction at the time that. a permit authorizing the construction is issued. Upon a person's refusal to or failure to pay the CET when due, the City of Tigard will not issue the building permit. In no event shall the City of Tigard be liable for failure to collect CET when clue. 8. Records. City of Tigard shall make all records related to building permit activity, CET collections, and CET exemptions available to School District, or its designated auditors, as necessary for School District to audit Construction Excise Tax collections. Page 2 of G - CET IGA City of Tigard YYgarcl Tualatin School Distrlet F F 4 .i 9. Adminislra ive Fee; Reimbursement of Additional'Ex ensgs. a. ' As consideration for the above described services, City of Tigard shall retain the full l % of the CET collected by City of Tigard as authorized by Section S of Senate Bill 1036. Prior to remitting the CET to School District, City of Tigard shall deduct this administrative fee directly from the CET collected, and the amounts deducted and:retained shall'be identified on the report submitted to School District. City of Tigard shall establish a fund of account for School District CET revenue, and. shall deposit all revenues collected, minus the administrative fee, into such fund or account, b. 1f the administrative fee does not cover the City of Tigard's actual cost of administering the CET, the City of Tigard may seek reimbursement from the School District for the difference between the City of Tigard's actual cost of administering the CET and the amount it has retained as the administrative fee. If the City of Tigard desires to be reimbursed for its actual cost, the City of Tigard shall submit a quarterly invoice requesting reimbursement of administrative expenses for the preceding three month period. The invoice shall itemize the City of Tigard's actual costs of administering the tax and the amount of the administrative fee it has retained for the same period. For the purposes of this section, "actual costs" are costs that are directly attributable to the collection and remittance of the CE'T`, including staff.tirne, cost of materials, and transaction fees assessed against the City of Tigard for accepting CET payment by credit card or other electronic means. The City of Tigard shall permit the School District access to any and, all City of Tigard records in order to verify the City of Tigard's invoice. Except in the case of a good faith dispute, the District shall pay to the City of Tigard the difference between the City of Tigard's itemized actual cost of administering the tax and the amount the City of Tigard has retained as the administrative fee within Thirty (30) days of receipt of the City of Tigard's invoice. 10. Amendment. This Agreement may be amended by mutual written agreement of the Parties.. I I.Other .A eements. This Agreement does not affect or alter any other agreements between School District and City of Tigard. 12. Defense and lndemr ification. Subject to the limits of the Oregon Tort Claims Act, School District agrees to defend, indemnify and hold harmless the City of Tigard, its officers, agents and employees, against all claims and actions, and all damages and expenses related thereto, arising from the performance of this agreement, or relating to the subject of this agreement; except for those caused by the sole negligence of the City of Tigard or its officers and employees. The obligations of this paragraph shall include, but not be limited to: a. challenge to the City of Tigard°s collection or calculation of the CET on behalf of the School District; b, for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all acts or omissions of the School District in the performance of this Agreement or adoption of the CET; or Page 3 of d - CET IGA City of Tigard ngard-74alatin School District r r ` c. decisions of City of Tigard staff concerning the amount of any CET, including calculation of such tax and/or any exemption(s); or d. refusal or denial of any permit for failure to pay the School District CET. 13. School District and Cit of Ti ard•Contact Persons. School District and City of Tigard hereby designate the following persons as the individuals having primary responsibility for administration of this Agreement, and as the person designated to receive notice provided -for herein. Either party may change its designated contact person by written notice to the other party. Tigard-Tualatin School District 237 City of Tigard Name: Bonnie Maplethorpe Name: Brian Blalock 'title: Chief Financial Officer Title: Building Official Address:. 6960 SW Sandburg St: Address: 13125 SW Hall Blvd Tigard, OR 97223 Tigard, OR 97223 Telephone: 503.431.4016 Telephone: 503.718.2448 Email: Email: bmaplethorpe@ttsd.kl 2.or.us brianb@tigard-or.gov 14. Notice. Whenever notice is required to be given under this Agreement, the notice shall be given in writing to the other party's contact person by US Mail, first class postage prepaid. In addition, notice may be given by email or personal delivery. 15. Oeneral.Proyisions. This Agreement is binding on and insures to the benefit of the parties and their successors and assigns. Except with the other party's prior written consent, a party may not assign any rights or delegate any duties under this Agreement. The headings used in this Agreement are solely for convenience of reference, are not pant of this Agreement, and are not to be considered in construing or interpreting this Agreement. This Agreement sets forth the entire understanding of the parties with respect to the. subject matter of this Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. A provision of this Agreement may be waived only by a written instrument executed by the party waiving compliance. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision. From time to time, each of-the parties shall execute, acknowledge, and deliver any instruments or documents necessary to carry out the purposes of this Agreement. Time is of the essence for each and every provision of this Agreement. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties to this Agreement, any right or remedy of any nature whatsoever. Each party shall bear its own expenses in connection with this Agreement and the transactions contemplated by this Agreement. This Agreement shall- became effective upon the approval of School District's Board of Directors and the City of Tigard Council. Page 4 of 6 - CET IGrt City of Tigard Tigard-Tualatin School District Tigard-Tug atin School Distract 23J City of Tigar yyA By: ~ By: Craig Prosser Title: City lea alter 'T'itle: Snper~n endent Date- 16 e . DatO: f j~ 4 By: ~ Title: Tao rcl Date: Yhailnnan S - City of'Tigard Page 5 of 6 -CET IG Tigard Tualatin School Astrlct EXHIBIT ,A EXEMPTIONS The following improvements are exempt from the Construction excise tax by statute: . 1. Private school Improvements 2. Public Improvements as defined in DRS 279A.010 3. Residential housing that is guaranteed to be affordable, under guidelines established by'the United States Department of Housing and Urban .Development, to households that earn no more that 80% of the i nedian household income for the area in which the construction tax is imposed, for a period of at least 60 years following the date of construction of the. residential- housing. . 4. Public or Private hospital improvements S., Improvements to religious facilities primarily used for worship or education associated with worship. 6. Agricultural buildings as defined in ORS 455.315 (2)(a) Page 5 of 6 - CBT IGA City of 27gard Tigard-Tualatin School blsmet I Ell Attachment 3 INTERGOVERNMENTAL AGREEMENT TO COLLECT AND REMIT CONSTRUCTION EXCISE TAX BETWEEN THE BEAVERTON SCHOOL DISTRICT 48J AND THE CITY OF TIGARD This Intergovernmental Agreement is effective on the last date of signature below, and is by and between the Beaverton School District, a school district organized under the laws of the state of Oregon ORS 330.005 ("School District'"), and the City of Tigard, a political subdivision of the State of Oregon, collectively referred to as "Parties." WHEREAS, ORS 190.003 to 190.030 allows units of local government to enter into agreements for performance of any or all functions and activities which such units' have authority to perform; and WHEREAS, Chapter 829, Oregon Laws 2007 (Senate Bill 1036), authorizes school districts, as defined in ORS 330.005, to impose construction excise taxes to fund capital improvements to school facilities; and WHEREAS, School District represents that it has prepared and adopted a long term facilities plan for capital improvernents,'as required by SB 1036, and WHEREAS, School District is contemplating imposing a construction excise tax within the School District and desires to enter into an intergovernmental agreement with City of Tigard to collect the tax prior to the adoption of a construction excise tax; and NOW THEREFORE, the Parties hereto agree as follows: 1. fnf€ nnation_and 1~ orms. School District shall create and provide to City of Tigard: (i) information, forms, and assistance explaining the School District Construction Excise Tax ("CET"); (ii) information and forms for CET exemptions; and (iii) any other forms or information necessary for implementation of the CET. 2. Staffing. City of Tigard shall provide sufficient staff to calculate and collect the School District CET as prescribed in this agreement along with its collection of other construction permit fees. School District shall provide- sufficient staff to implement the CET program, 3. Collection; Start date. City of Tigard agrees to assess and collect the CET on behalf of School District for those properties within School District and within City of Tigard. City of Tigard shall begin collecting the District CET on March 1, 2048 after the District gives notice to the City of Tigard of the adoption of the CET, including a copy of . District's resolution imposing the tax, or the effective date of the CET stated in the Resolution, whichever is later. City of Tigard shall collect the District CET until the CET expires or this agreement is terminated by either the School District or City of Tigard upon 60 days written notice. In the event the School District increases or otherwise modifies the tax, it shall send written notice to the City of Tigard of the increase or other Page 1 of 6 - CEr IGA City of Tigard Beaverton School District modification, including a copy of School District's resolution adopting the change. The City of Tigard shall collect the tax at the new rate within fifteen (15) business days after notice is received by the City of Tigard, or upon the effective date of the change stated in the School District Resolution, whichever is later. 4. Exemptions. School District shall provide City of Tigard with all forms necessary for CET exemptions, and any other forms or information necessary for implementation of the CET. If a Person or entity asserts that it is exempt from the CET and files a School District CET Exemption Form at the time the CET would otherwise be due, City of Tigard will grant the exemption if it appears to be a valid claim of exemption under the 'School District Resolution adopting the CET. It shall be School District's responsibility to determine the validity of the exemption and to institute collection procedures to obtain payment of the CET, as well as any other remedy School District may have under law, if the Person was not entitled to the exemption. Statutory exemptions to the CET are included in exhibit A to this agreement. 5. Remittance. Following the effective date of this Agreement, City of Tigard shall remit the collected GET to School District on a quarterly basis, by the 30th of the month following the quarter's end. The CET remittance and the CET Report shall be sent to the School District, attention Janice Essenberg, at 16550 SW Merlo Rd., Beaverton, Oregon 97006. Remittance will be by electronic funds transfer to School District CET Account at US Bank or other similar account as School District will hereafter designate 6. CET Reports. City of Tigard of Tigard shall prepare and submit to the School. District a report of the CETs collected and building permits issued by the City of Tigard for the previous quarter's construction activities within the School District boundaries. The report shall include: the number of building permits issued that month; the aggregate square footage of residential construction; the aggregate square footage of non-residential construction; the number of building permits for which CET exemptions. were given; the aggregate square footage of construction for the exempted construction; the aggregate amount of CET paid; and the amount of CET administrative fee retained by City of Tigard pursuant to this Agreement. 7. Failure to Pay ,.CET. Construction Excise Taxes shall be paid by the person undertaking construction at the time that a permit authorizing the construction is issued. In no event shall the City of Tigard be liable for failure to collect CET when due. In the event a person fails to pay the CET when due, the City of Tigard shall notify School District in writing within five (5) business days of discovery of such :failure to pay, with information adequate for School District to begin collection procedures against that Person, including the Person's name, address, phone numbers, construction project, square footage of new construction, and building permit number. Upon a.Person's refusal or failure to pay the CET, it shall be School District's responsibility to institute collection procedures to obtain payment of the CET as well as any other remedy School District may have under law. Page 2 of 6 - CET XGA City of 7~gard Beaverton School Dwrict 8. Records. City of Tigard shall make all records related to building permit activity, CET collections, and CET exemptions available to School District, or its designated auditors, as necessary for School District to audit Construction Excise Tax collections. 9. Administrative Fee-, Reimbursement of Additional Ex enses. a. As consideration for the. above described services, City of Tigard shall s retain the full 1% of the CET collected by City of Tigard as authorized by Section 5 of Senate Bill 1036. Prior to remitting the CET to School District, City of Tigard shall deduct this administrative fee directly from the CET collected, and the amounts deducted and retained shall be identified on the report submitted to School District. City of Tigard shall establish a fund or account for School District CET revenue, and shall deposit all revenues collected, minus the administrative fee, into such fund or account. b. If the administrative fee does not cover the City of Tigard's actual cost of administering the CET, the City of Tigard may seek reimbursement from the School District for the difference between the City of Tigard's actual cost of administering the CET and the. amount it has retained as the administrative fee. If the City of Tigard desires to be reimbursed for its actual cost, the City of Tigard shall submit a quarterly invoice requesting reimbursement of administrative expenses for the preceding three month period. The invoice shall itemize the City of Tigard's actual costs of administering the tax and the amount of the administrative fee it has retained for the same period. For the purposes of this section, "actual costs" are costs that are directly attributable to the collection and remittance of the CET, including staff time, cost of materials, and transaction fees assessed against the City of Tigard for accepting CET payment by credit card or other electronic means. The City of Tigard shall permit the School District access to any and all City of Tigard records in order to verify the City of Tigard's invoice. Except in the case of a good faith dispute, the District shall pay to the City of Tigard the difference between the City of Tigard's itemized actual cost of administering the tax and the amount the City of Tigard has retained as the administrative fee within Thirty (30) days of receipt of the City of Tigard's invoice. 10. Amendment. This Agreement may be amended by mutual written agreement of the Parties. 11. Other A ti nts. This Agreement does not affect or alter any other agreements between School District and City of Tigard. 12. Defense and Indemnification. Subject to the limits of the Oregon Tort Claims Act, School District agrees to defend, indemnify and hold harmless the City of Tigard, its officers, agents and employees, against all claims and actions, and all damages and expenses related thereto, arising from the performance of this agreement, or relating to the subject of this agreement, except for those caused by the sole negligence of the City of Tigard or its officers and employees. The obligations of this paragraph shall include, but not be limited to: P~ Page 3 of b - CHr ICrt City of Tigard Beaverton School District 4 r ~ 1 a. challenge to the City of Tigard's collection or calculation of the CET on behalf of the School District; b. for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all acts or omissions of the School District in the performance of this Agreement or adoption of the CET; or c. decisions of City of Tigard staff concerning the amount of any GET, including calculation of such tax and/or any exemption(s); or d. refusal or denial of any permit for failure to pay the School District CET. 11 School District and Q of Ti and Contact Persons. School District and City of Tigard hereby designate the following persons as the individuals having primary responsibility for administration of this Agreement, and as the person designated to receive notice provided for herein. Either party may change its designated contact person by written notice to the other party. Beaverton School District City of Tigard Name: Janice Essenberg Name: Brian Blalock Title: Chief Financial Officer Title: Building Official Address: 16554 SW Merlo Road Address: 13125 SW Hall Blvd Beaverton, OR 97006 Tigard, OR 97223 Telephone: 503.591.4262 Telephone: 503.718.2448 Email: Email: Janice-essenberg@beaverton.kl 2.or.us brianb@tigard-or.gov 14. Notice. Whenever notice is required to be given under this Agreement, the notice shall be given in writing to the other party's contact person by US Maid, first class postage prepaid. In addition, notice may be given by email or personal delivery. 15. General Provisions. This Agreement is binding on and insures to the benefit of the parties and their successors and assigns. Except with the other party's prior written consent, a party may not assign any rights or delegate any duties under this Agreement. The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement. This Agreement sets forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. A provision of this Agreement may be waived only by a written instrument executed by the party waiving compliance. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision. From time to time, each of the parties shall execute, acknowledge, and deliver any instruments or documents necessary to carry out the purposes of this Agreement. Time is of the essence for each and every provision of this Agreement. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties to this Q. Page 4 of G CET IGR City of Tigard Beaverton School District Agreement, any right or remedy of any nature whatsoever. Each party shall hear its own expenses in connection with this Agreement and the transactions contemplated by this Agreement. This Agreement shall become effective upon the approval of School District's Board of Directors and the City of Tigard Council. Beaverton School District 48J City of and By: Jerome Colonna By: CZg Prosser Title: Superintendent Title: City Manager Date: Date: ~//dry yPage 5 of 6 - CET IGA City of Tigard Beaverton School District EXMBIT A EXEMPTIONS The following improvements are exempt from the Construction excise tax by statute: 1. Private School Improvements t 2. Public Improvements as defined in ORS 279A.010 3. Residential housing that is guaranteed to be affordable, under guidelines established by the United States Department of Housing and Urban Development, to households that earn no more that 80% of the median household income for the area in which the construction tax is imposed, for a period of at least 60 years following the date of construction of the residential housing. 4. Public or Private hospital improvements 5. Improvements to religious facilities primarily used for worship or education associated with worship. 6. Agricultural buildings as defined in ORS 455.315 (2)(a) Page 6 of 6 - CET ,IGA City of regard Beaverton School District Agenda Item # Meeting Date Sgpte,, e ber 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A ointment of Committee Members to the Transportation Adviso Committee AC Prepared By: A L=6 P. buenas Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Council will be requested to approve a resolution appointing comini.ttee members for the Transportation Advisory Committee (TAC). STAFF RECOMMENDATION That Council approve the attached resolution appointing members to the TAC. KEY FACTS AND INFORMATION SUMMARY The Transportation Advisory Committee (TAC) was formed by Council Resolution No. 09-14 to act as an advisory body to the City Council and staff and to provide a venue for citizen input and awareness of transportation issues. The bylaws were amended by Council Resolution No. 09-47 to increase the membership and to add to the mission of the Task Force. This resolution appoints members to the TAC so that the committee can begin its work. Following appointment of the TAC members, the Transportation Financing Strategies Task Force will be deactivated through Council resolution, and a subcommittee of the TAC will be formed to address fmancing strategies and issues. The proposed resolution appoints 8 members out of the 11 listed in the TAC bylaws plus a Council liaison as an ex- officio non-voting rnernber. The additional 3 members to fully fill the TAC membership will either be filled from other committee members or through the established application process. The TAC can begin its meetings with the 8 members appointed with a quorum being a majority of the current members appointed. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Comprehensive Plan Goals: Goal 1.1 - Provide citizens, affected agencies, and jurisdictions the opportunity to participate in all phases of the planning process; and Goal 1.2 - Ensure own citizens have access to: A) Opportunities to communicate directly to the City. ATTACHMF,NT LIST Resolution appointing committee members with Exhibit A listing the committee members appointed. FIscAL NOTES N/A is\eng\gvs\com6I Agenda swnnvti~cs\2(3p9\x-66-67 appointment ofcommittm mernVers to the ttanspomtion advisory committee ais.dcc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL APPOINTING MEMBERS TO THE TRANSPORTATION ADVISORY COMMITTEE (TAC) WHEREAS, the Transportation Advisory Committee (TAC) was formed by Council Resolution No. 09-14 to act as an advisory body to the City Council and staff and to provide a venue for citizen input and awareness of transportation issues; and WHEREAS, the bylaws adopted were amended by Resolution No. 09-07 to increase the membership and to add to the mission of the Committee; and WHEREAS, Resolution No. 09-01 reconstituted the Transportation Financing Strategies Task Force and appointed members to serve on that Task Force; and WHEREAS, the Task Force will be deactivated and the Task Force mission assumed by a subcommittee of the TAC; and WHEREAS, of the current Task Force members invited to serve on the TAC, six (6) members have agreed to serve on the Committee; and WHEREAS, the initial appointment includes those Task Force members and other citizens currently serving on City committees. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The individuals listed in the attached Exhibit A are hereby appointed to serve on the TAC. SECTION 2: The Community Development Department, Public Works Department and Finance and Information Services Department staff shall assist in support of the Committee. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of , 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09- Page 1 EXHIBIT A TRANSPORTATION ADVISORY COMMITTEE Effective September 8, 2009 Cam Gilmour Dennis Mitchell Anthony Rivano Joe Schweitz Jennifer Stanfield Christopher Warren Jeremy Vermilyea (Planning Commission representative) Basil Christopher Gretchen Buehner (Council Liaison, ex-officio non-voting member) is\eng\gus\xesolutions\2009\exhibit a - tac membuship 9-0$-09 docx Agenda Item # :Meeting Date September 8, 2009_ COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/,Ag,enda Title Approve lmcodrnent #1 to City Manager Em to r ent Agreement to adjust co tacr ration pacl~ii,;e following successful performance review. Prepared By Dept Head approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the Council approve an amendment to the City Manager's Employmeat Agre(~ vent to implement compensation adjustments agreed to by Council following the City Manager's successful performance rct-icv, ? STAFF RECOMMENDATION Approve Amendment #1 Y FACTS AND INFORMATION SUMMARY The Council conducted the City Manager's annual performance review on August 11, 2009. The City Manager received a positive performance review. Following the review, Council discussed compensation adjustments recognizing the City Manager's positive performance. The Council discussed the fo Eo-,l-ing adjustments: 1. Increasing the City Manager's severance package from 6 months pay to 9 months pay in the event of termination, 2. Increase the City Manager's Paid Time Off accrual rate from 22 hours per month to 30 hours per month. 3. Create a Health Club Dues Allowance for the City Manager to encown e membership and regular attendance at a health club of his choice. This benefit will be taxable to the City Manager, and the City Council expressed interest in malc1iig sure that the post-tax benefit covers the City Manager's dues. The allowance will therefore be sized to net the City Manager $102 per month. These adjustments will be implemented by amending the City Manager's Employment Agreement, which was renewed on July 14, 2009. OTHER ALTERNATIVES CONSIDERED Do not change the City Manager's compensation package or offer different levels of compensation adjustments. CITY CouNVci L GC?ALs All ATTACHMENT LIST A. City Manager Employn-icnt Agreement 2009, Amendment #1, September 8, 2009 B. City Manager Employment Agreement 2009, Marked Copy (including Amendment #1), For Information Only FiscAL NOTES The City Manager's Compensation will be increased by 8 additional hours of Paid Time Cuff per month and a new Health Club Trues Allowance of $174.75 (netting $102 per month to the City Manager) will be added. In addition, the City Manager will be entitled to 3 additional months of severance pay over the current severance provision in the event of termination. d Attachment A AGREEMENT CITY MANAGER EMPLOYMENT 2009 E T#1 September 8, 2009 a The City Manager Employment i1,- r ccment between the City of Tigard (City) and Craig Prosser (Employee) dated July 14, 21009 is hereby amended as follows: 1. Section 10: Severance Modify the first sentence to delete "six (6) months aggregate salary" and replace it with "nine (9) months aggregate salary." The rest of the Section shall remain as written. 2. Section 5: Leave Benefits a. Delete subsection A and replace it with the following language: Paid Time Cuff shall accrue at the rate of a0 boors per month. 3. Create a new Section 9: Other Benefits a. Employer shall pay the Employee a health club allowance that nets the employee $102 per month as long as the Employee maintains membership in and regular attendance at a health club of his choice. b. Renumber all remaining Sections to reflect this insertion. This amendment shall take effect on September 8, 2009. Craig Dirksen, Mayor Craig Prosser, City Employee City of Tigard ATTEST: City Recorder APPROVED AS TO FORM City Attorney Attachrnent B A EME1, 2009 Marked o or .for tion Only a SCI MANAGER EMPLOYMENT AGREEMENT TABLE OF CONTENTS INTRODUCTION .......................................................................................................„......................................1 SECTION 1s TERM ............................................1 SECTION 2: DUTIES AND AUTHORITY ..................................1 SECTION 3: COMPENSATION ...........................................2 SECTION 4: HEALTH, DISABILITY AND LIFE INSURANCE BENEFI'T'S ........•.,........•2 SECTION 5: LEAVE BENEFITS ....................3 SECTION 6: VEHICLE ALLOWANCE ......3 SECTION 7; RETIREMENT .........4 SECTION 8. PROFESSIONAL AND CIVIC MEMBERSHIPS AND TRAVEL ....................4 SECTION TEIL%1I:',IATIOT',i - SECTIG',t SEVERANCE ........5 SECTIOI\; RESIGNATION 56 SECTION PERFORMANCE EVALUATION ..........................................................................................6 SECTION 1 IOURS OF WORK ................................................................................................................6 SECI'IO~\- OUTSIDE ACTIVITIES ..........................................................................................6 SECTION INDEMNIFICATION ..........................................................................................6 SECTIOiv BONDING 67 SECTION" OTHER TERMS AND CONDITIONS OF EMPLOYMENT .......6 SECTIO '\~a NOTICES .................................................................................................................................7 SECTI() N GENERAL PROVISIONS ............................78 SECTIO ARBITRATION . .................................................8 Cite Manager Employment Agreement Introduction This Agreement, made and entered into this July 14, 2009, by and between the City of Tigard, Oregon, a municipal corporation, (hereinafter called "Employer") and Craig Prosser, (hereinafter called "Employee") an individual who has the education, training and experience in local government management. This Agreement updates and extends the September 13, 2005 Agreement by extending the termination date to July 31, 2011, incorporating two previously approved amendments to the September 13, 2005 .Agreement, and updating terms of employment implemented without formal contract amendments. Both Parties agree as fellows: Section 1: Terre This agreement shallremain in full force in effect from September 1.3, 2005, until July 31, 2011, or until terminated by the Employer or the Employee as provided in this agreement. If not previously terminated as provided in this agreement, the term of this agreement, and the period of Employee's employment shall be automatically extended from year to year for additional periods of one year each following July 31, 2011 unless either party gives written notice to the other not less than ninety (901) days before the expiration of the initial or any extended term, that this agreement shall be terminated or renegotiated. The giving of such notice terminates the agreement at the end of the initial terra or extended term in which such notice is given. Section 2: Duties and Authority Employer agrees to employ Craig Prosser as City Manager to perform the functions and duties specified in the Charter and Municipal Code of the City of Tigard and to perform other legally permissible and proper duties and functions assigned by City Council. These duties and functions include, but are not limited to: A. Guiding, managing and directing the day-to-day administrative operations, consistent with the goals and priorities established by the Mayor and City Council; B. Providing strategic research, recommendations and management leadership to the Mayor and City Council on budgets, programs, policies and services; C. Appointing, supervising, disciplining and removing appointive personnel, except appointees of the Mayor or City Council; D.Acting as chief budget and 9scal officer of the City and submitting the annual budget and capital program, to the Mayor and City Council; t E. Supervising the administration of and assuming responsibility for the enforcement of all laws and ordinances executed within the City, F. Serving as the chief purchasing and business agent of the City, G.Preparing and presenting information and recommendations to the Mayor and City Council regarding the operations and policies of the City; H.Policy advice to elected officials, and open communication with the community so as to foster responsive and courteous public service. The Council shall meet with Employee as determined necessary by the Council for the purpose of setting goals and priorities for Employee's performance. In performing the services contemplated by this Agreement, the Employec: shall faithfully observe and comply with all federal, state and local laws, City Charter, ordiii.Inces and regulations applicable to the service to be rendered under this Agreement. Section 3: Compensation A. Base Salary. The Employer agrees to pay the Employee an annual base s.ilary of $138,920.20, payable in installments at the same time that the other rnririagen ent employees of the Employer are paid. B. Employee's annual base salary shall be automatically amended to reflect any cost of living adjustments that are provided by Council to management employees of the City. C. August 1, 2006, and on an annual basis thereafter, consideration shall be given to iiictc.3sed compensation based upon Employee's satisfactory performance of Employee's duties and functions, and satisfaction of the goals and priorities established by the Council. Such increased compensation may come in the form of cost of living and/or performance adjustments to Employee's base salary, performance bonuses, or both. D. The Employer will loop to the follovring cities for guidance in determining appropriate compensation provided to employee: db iny, Be.i.verton, Gresham, Hillsboro, Lake Oswego, Milwaukie, Oregon City, Tualatin, West Linn, and Wilsonville, Oregon. Section 4: Health, Disability and Life Insurance Benefits A. The Employer agrees to provide the same health and Nr-elfatc benefits for the Employee and his dependents, and to contribute towards the cost of such benefits, to the same degree that it provides and contributes to all other management employees of the City. In the event Emplo)Tc, is required to contribute toward the premium cost of such benefits, Employee agrees to the deduction of such amounts from his paycheck. x 2 B. The Employer agrees to provide and to contribute towards the cost of a standard life insurance policy for the Employee to the same degree that it provides and contributes to all other management employees of the City. C. The Employer agrees to put into force and to contribute towards the cost of long term: disability coverage for the Employee to the same degree that it provides and contributes to all other management employees of the City. D. The Employer shall make a monthly contribution to the Employee's VEBA account in the same amount or at the same rate as made for the management employees of the City. E. The Employer shall contribute up to $1,000 per year, based upon submittal of actual billings by the Employee for Life Insurance, Long Term Care Insurance, or both, as selected by the Employee. The Employee shall name the beneficiary of the insurance policy(ies). Section 5. Leave Benefits The Employee shall accrue leave benefits pursuant to the Paid Time Off Policy, No. 19.4, of the Management, Supervisory, and Confidential Employees Personnel Policies of the City of Tigard, with the following exceptions: A. B. Tl, ` nliilo, c shell „ ;ri~ a. i~lif is ~~al t . l:.ti s 1 R i.d Titrie Off above the levels provided in the Policy in recognition of the a0ditional managemt:rit leave currently provided to the Employee above the management leave provided to other management employees of the City. C. Except as otherwise stated in this Section, the Employee is entitled to accrue all unused leave without limit. In the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all Paid Time Off accrued prior to the date of termination. Employee shall not be eligible to receive any cash or retirement credit for unused Medical Leave Bank leave. Section G: Vehicle Allowance The Employer agrees tn pay to the Employee, during the term of this Agreement and in addition to other s,,Jary and benefits herein provided, the sum of $4,020 per year, payable bi- weekly on regular paydays of the City, as a vehicle allowance to be used to operate and maintain a vehicle. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the operation, maintenance, repair, and regular replacement of said vehicle. The Employer shall reimburse the Employee at the IRS 3 standard mile°a~ rate for any business use of the vehicle beyond a fifty-mile radius of the City Administrative building. Section 7; Retirement .A. The Employer agrees to pay an amount equal to the City's retirement plan contribution as is made for all other management employees in equal proportionate amount each pay period. B. The Employer agrees to match any employee contributions to a City-approved deferred compensation plan up to 5% of employee salary. Section 8 Professional and Civic Memberships and Travel The Employer agrees to budget for and to pay for professional clues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organi?ati<~ns necessary and desirable for the Employee's continued professional participation, grc wdi, and advancement, and for the good of the Employer. Eligible professional organizations include the International City .Managers' Association, the Government Finance Officers' Association, and such other organizations as may be approved from time to time by the City Council. The Employer agrees to budget for and to pay for travel and subsistence expenses of the Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of the Employee and to pursue necessary official functions for the Employer, including but not limited to the ICMA Annual Conference or the GFOA Annual Conference, the League of Oregon Cities, and such other national, regional, state, and local gover_imcnrA groups and committees in which the Employee serves as a member, as may be approved from time to time by the City Council. The Employer agrees to budget for and to pay for travel and subsistence expenses of the Employee for short courses, institutes, and seminars that are necessary for the Fmployee's professional development and for the good of the Employer, as may be approved from time to time by the City Council. The Employer acknowledges the value of having die I- mployee participate and be directly involved in local civic clubs or organizations. Accordingly, the Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations, as may be approved from time to time by the City Council. x 4 Section : Termination For the purpose of this agreement, termination shall occur when: A. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting. B. If the Employer, citizens, or the legislature acts to amend any provisions of the City Charter pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute rerrrunation. C. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the ati'enige reduction: of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination. D. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer, then the Employee may declare a termination as of the date of the suggestion. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 18. Section "severance In the ev€:iiL Employee is terminated by the City Council during such a time that Employee is willing and able to perform Employee's duties under this ALp-ccment, thrn in that event Employer agrees to pay Employee a lump sum cash payment cLl«al : n - months aggregate salary. Employer will also continue, at its expense, E ploycc'.1iLi ilii and welfare and fife insurance benefits for G months, or until. Employee is professior ally recinployed, whichever comes first. In the event Employee is terminated for gross negligence or misconduct that is deemed detrimental to the best interests of the City, Employer shall have no obEgatioa to pay any of the severance payments or benefits provided in this paragraph. Sectioi i : Resignation In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise. 5 Sectioit " Performance Evaluation The Employer shall annually review the performance of the Employee in August subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and the Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) tweet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. The date during which the annual performance evaluation must be conducted may be adjusted by mutual consent of the parties. Section : curs of Work It is recognized that the Employee must devote a p-cat deal of time outside the normal office hours on business for the Employer, and to that end the Employee shall be allowed to establish an appropriate work schedule. Section Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment, Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with his or her responsibilities under this Agreement. f Sectio.; " Indemnification The City agrc c s to defend, hold harmless, and indemnify the Employee from any and all demands, claims, suits, actions, and legal proceedings brought against Employee in his individual capacity, or in his official capacity as agent and e plo ce of the City, as to any actions of Employee within the scope of his employment. The City agrees to pay premiums on appropriate insurance policies through the City's normal insurance program and through the Public Officials Liability Insurance Program of the International City Management Association. Section Bonding The Employer shall bear the full cost of any fidelity or other bonds required of the Employee u i ider any law or ordinance. Section Other Terms and Conditions of Employment 6 The Employer, only upon agreement with the Employee, shall fix. any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditiozis are not inconsistent with or in conflict with the provisions of this Agreement, the City of Ti(,arcl Charter or any other law. Except as otherwise provided in this.Agiuurnent, the Employee shall be entitled to the highest level of benefits that are enjoyed b}i department heads of the Employer as provided in the Charter, Code, Personnel Mules and Regulations or by practice. Section : I'-.Totices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (l) EMPLOYER: Ma)-or City o f Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 EMPLOYEE: Craig Prosser 1199 Larch St. Lake Oswego, Oregon 97034 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section : Ceneral Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this lA ;rc anent. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on July 14, 2009. 7 D. Severabilio.-. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. Section'---:. : Arbitration The partic°s agtee that any dispute about the validity, interpretation, effect or alleged violation of tlii; Agreement by either Employee or the City must be submitted to final and binding arbitration pursuant to the then effective arbitration rules of Arbitration Service of Portland, Inc. or the America, -i%rbitraton Association, whichever organization is selected by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected. The parties agree that the prevailing`party will be entitled to recover its reasonable attorneys' fees, costs, and damages from the losing party that may be incurred as a result of the arbitration claim. The parties agree that judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. I ITNEES WHER.EOF, the CITY OF TIGARD, OREGON has cause this Agreement to be signed and executed and the EMPLOYEE has signed and executed this Agreement, both in duplicate, on the date first written above. Craig Dixl.sen, Mayor Craig Prosser, City Employee City of Tigard A= ST: City Recorder APPROVED AS TO FORM City Attorney Agenda Item # Meeting Date September 8, 2009 COUNCIL AGENDA I'T'EM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Fifth Annual Family Fest - September 10-12, 2009 Prepared By: Joann Bengtsori pt Head Approval: rA2 City Mgr Approval: ISSUE BEFORE THE COUNCIL Announcement for the 5" Annual Family Fest scheduled for September 10-12, 2009. STAFF RECOMMENDATION No action necessary, briefing only. KEY FACTS AND INFORMATION SUMMARY A new holiday was born for the City of Tigard when a young girl wrote Mayor Craig Dirksen in 2005 requesting a day to celebrate families. Jennifer Ries, daughter of David & Lori Ries, accepted the invitation to join a special committee that would work together to organize the celebration. It was so popular the City Council chose to make it an annual event. Inspired by Jennifer, many hands and hearts are involved in making this event a success. Family Fest illustrates a community working together to make great things happen. Family Fest is an opportunity to show why Tigard is a great place to call home. The City of Tigard is pleased to continue the Family Fest tradition that began five years ago. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS ATTACHMENT UST Event Poster Event briefing FISCAL NOTES The Budget Committee approved $12,125 to complete 2009 Family Fest. a City of f' Tigard „ o f p.. " u ~ i is z .Y rv d n jigu u K ~l&i l&&m9~ I! dF';tfiis "K d':j: U~~i'u„1 , x'!BitP;@iM! B,s:O Research your past with help from the Family History Center volunteers in the Tigard Public Library Technology Room. rr u3e„ L 'YIf, "RStlas~ v ii Camp-out fun for kids of all ages with Native American storytellers; fishing, face painting, a campfire sing-a-long and more! Located in the Tigard Public Library Community Room. Bring the whole family to the Tigard Public Library Community Room for movie night. The Tigard Youth Advisory Council will show the original The Parent Trap. Enjoy FREE movie treats! WII "j 1~13 g 511 ~ RUN/f i fli The fun continues with the 5R Fun Run/Walk! FREE t-shirts will be given to the first 200 participants at check-in. On-line registration begins August 28, 2009. As always, strollers and well-behaved pets on a leash are welcome to join their families. The race will be followed by a FREE breakfast and a bus ride back to City Hall. ®I STREET OU PARTY Head for the corner of Burnham and Main Street to enjoy live music, games, food or just to people-watch. Fun for all ages! 530 P.M. M P K Ki (REAM Head to the grassy commons behind the Tigard Public Library for a picnic. FREE hot dogs er and hamburgers for the first 300 picnickers! Don't forget your lawn chair or blanket. Save room for FREE ice cream at 6 p.m. to celebrate Tigard's 48th birthday! I P.M. (W KIRT Tualatin Valley Community Band will perform in the Tigard Public Library Community Room. N ~ ~ radu~ 1sw v night sky light up with a fantastic fireworks finale! Watch the night sky light up with a fantastic fireworks finale! City OfTig.~d t, 1]I ^_511t'IUII nIJ. For td'rore information or for registration, 1a? Ctwo S4rY t'l.~It~r2i`C Od:YDVjfIRIIP~'iPSC" r,nl.onZ Year 5...and Better than Ever! What's five years old, lots of fun and waiting to meet you? Tigard's 5th Annual Family Fest! And just like any other anniversary party, we've planned another year of FREE entertainment and fun events to mark the occasion! The free family fun kicks- off Thursday, September 10 at 6 p.m. with a Genealogy Workshop in the Tigard Library Computer Center. At 7 p.m., wander down to the Library - Community Room for Camp flay-a-lot: the most fun campers can have without leaving home! Camp-out fun for kids of all ages includes Native American storytellers, fishing, face painting, a campfire sing-a- long and more. For camper's dining pleasure, kids build their own "dirt cups" and "ants-on- a- log."* *Did is made of Oreo cookies dam' pudding, Ants are peanut butter on cele y with raisins. No bsrgs will give their life in tl)e making! But wait! There's more! Bring the entire family to the Library Community Room on Friday, September 11, at 7 p.m. for Family Movie Night. The Tigard Youth Advisory Council will show Disney's 1961 The Parent Trap with Haley Mills, Brian Keith and Maureen O'Hara. Enjoy free movie treats and help us celebrate the city's 48`x' birthday. You're not tired yet - are you? Just like any other five-year old, this celebration is powered by non- stop energy! The fun continues Saturday, September 12, at 9 a.m. with our annual 5K Fun Run/Walk, followed by a free breakfast with all the fixin's and a bus ride back to City Hall. We're giving away free t-shirts to the first 200 runners/walkers registered for the race. On-line registration begins August 28, 2009. As always, strollers and well-behaved pets on a leash are welcome to join their family. The Main Street Block Party starts at 1 p. at the corner of Burnham Street and Main St. Take your full tummy downtown to dance off those pancakes to live music. Enjoy games, prizes, music and more. What would Family Fest be without a 5th year surprise? Someone else's party! Head for the grassy commons behind the Tigard Library because at 5:30 p.m., we're grilling free hot dogs & hamburgers (condiments included) for the first 300 picnickers! All you need to bring is the rest of your picnic - or stop by one of the Main Street restaurants and purchase a ready-made dinner to go! Don't forget to bring your lawn chair or blanket. And did we mention dessert? We're giving away Ice Cream at 6 p.m. and again at 6:30 p.m.to celebrate Tigard's 48`'' birthday while you enjoy a 7 p.m. concert in the Community Room by the always popular Tualatin Valley Community Band. Whew! I think I need to lie down! Which is a great position for watching the night sky light 1 up with our fantastic Fireworks finale at dusk. F= r. C Mark your calendar for September 10-12, 2009. All the events are free and celebrate the wonderful people and places that make Tigard a Place to Call Home. If you have questions, please contact Joanne Bengtson at-Joanne@tigard-or.gov or 503-718-2476. We hope to see you there! Agenda Item. # Meeting Date September 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Develo went Cade Amendment CA2009-00003 Le 'dative U date: Omnibus "Housekee in " Items CG #1. Prepared By: Ha WatIms Dept Head Approval: City Nlgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Tigard Community Development Code (ITMC Title 18) amendments as amended by the Planning Commission to update and clarify various sections of the code? STAFF RECOMMENDATION Approve the Planning Commission's recommendation and adopt the proposed ordinance and amendments to the Tigard Development Code (TMC Tide 18) as shown in Exhibit "A". KEY FACTS AND INFORMATION SUMMARY Communications among staff and from the public periodically result in a compendium of minor issues to be addressed by a "housekeeping" amendment to the Development Code. These issues are schrivener's errors, mis-quotes in the text, changes of names of reference codes, revisions to clarify definitions, omissions from tables, and clarification of types of land use permits. The proposed amendments better implement the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. If the amendments are adopted, there will be fewer instances of confusion or conflict between sections of the code, and the code will be more user-friendly for the public. The proposed amendments clarify accessory structure definitions and associate all related definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of the Director's Interpretation dated July 3, 2006 (Attachment 3). The Planning Commission held a workshop on the proposed amendments on June 1, 2009, and a public hearing on July 6, 2009. One minor change was made to the new definition for "Public Support Facilities". The word "roadway" was deleted as unnecessary. The Commission agreed on the change and voted unanimously to recommend approval of DCA2009-00003. OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission's recommendation and adopt the ordinance approving DCA2009-00003. 2. Modify any of the Planning Coma ission's recommendations and adopt an ordinance approving DCA2009- 00003. 3. Do not adopt the proposed ordinance and amendments. CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan Chapter 1: Citizen Involvement Chapter 2; Land Use Planning ATTACHMENT LIST Attachment 1: Ordinance approving amendments to the Tigard Development Code (TMC Title 18) Exhibit A: Amendment Language for DCA2009-00003 Attachment 2; Staff Report to the Planning Commission dated May 26, 2009 Attachment 3: Director's Interpretation dated July 3, 2006 Attachment 4: Planning Commission Minutes (workshop) - June 1, 2009 Attachment 5: Planning Commission Minutes (public hearing) - July 6, 2009 FTSCAL NOTES There is no fiscal impact. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL. ORDINANCE NO. 09- AN ORDINANCE ADOPTING OMNIBUS "HOUSEKEEPING" ITEMS TO UPDATE THE TIGARD MUNICIPAL CODE TITLE 18 (DEVELOPMENT CODE AMENDMENT-DCA2009-00003) WHEREAS, the City has proposed amendments to the Tigard Municipal Code Title 18; and WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance with City standards, on July 6, 2009, and recommended approval of the proposed DCA2009-00003, as amended, by motion and with unanimous vote; and WHEREAS, on September 8, 2009, the Tigard City Council held a public hearing, which was noticed ul accordance with City standards, to consider the Planning Commission's recommendation on DCA2009-00003; and WHEREAS, on September 8, 2009, the Tigard City Council adopted DCA2009-00003 by motion pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt DCA2009-00003 is based on the findings and conclusions found in the City of Tigard Staff Report to the. Planning Commission dated May 26, 2009, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA2009-00003; and WHEREAS, the Tigard City Council has determined that the proposed Development Code Amendments are consistent with the applicable Review Criteria, and that approving the amendments would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code Title 18 is amended as shown in "EXHIBIT A"; and SECTION 2: The findings in the May 26, 2009 Staff Report to the Planning Commission, Minutes of the July 6, 2009 Planning Commission hearing, and the Minutes of the September 8, 2009 Council hearing are hereby adopted in explanation of the Council's decision; and SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 09- Page 1 PASSED: By vote of all Council members present after being read by number and title only, this clay of , 2009. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2009. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 09- Page 2 t Attachment 1 EXHIBIT CLAY AMENDMENTS TO THE TI ARD REVEL PMENT CODE ani-m 18) AS PROPOSED IN LAND USE CASE DCA2 09-00003 (Bold nand underling tex indicates proposed new language and strkeindicates language proposed to be deleted) Chapter 18.120 DEFINITIONS 15.120.030 Meaning of Speck Words and Terms A. For additional words and terms, also see Use Ckusifacations (Section 18.130); Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities (Section 18.798). As rased in this title, the following words and phrases mean: 4. `.`Accessory building or structure" - AftewtwTg strarctan and se use is incidental and subordinate to the main use ofpropedy t and is located on the same lot as the main use n is £ e ndin or is joim-d to the rims st et re sole non- ha ' able spagg as defined the State ildin e, 6. `.`Addition" - .A moe ficatian to an existing building or structure which increases its height or creases the site coverage. A str c r is c si Bred an addition on1 when it hares a won wall and is str ctur 1 de dent on th rirna structure also " esso building or strut r " and "cornLnwall" 43. "C m n ll" - A wall o joined w l that s a a bqmdaty t provide se r iron o£ irate ' r s ce F ertical tl i ions a floo ceilin a hl is a share boundgly aratin e . Fin ' :This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of Director's Interpretation of July 3, 2006. Therefore, tlis proposed amendment better implements the City's Comprehensive Flan and implementing ordinances by aligning all associated definitions. 18.120.03011/ leaning of Specific Words and Terms A. For additional words and terms, also see Use CUrsifim,*ns (Section 18:130); Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18:780),• Tree Removal (Section 18.790); and Wireless Communication Facilities (Section 18.798). As used in this title, the following words and phrases mean: 54. `Density" - The intensity of residential land uses, usually stated as the number of housing units per acre and defcned in Section 48:3;18.7'15. FF ding; Scrivener's error; incotrect Code Section reference. Therefore, this pro 'posed amendment better implements the City's Comprehensive Platt and implementing ordinances by promoting consistency among the Code Sections. 18.120. 030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130); Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); "T"ree Removal (Section 18.790); and Wlimkr Commovicatim Facilities (Section 18.798). As timed in this title, the follomisr avards andphrases mean: 117 « li sri ort faeilit'e " r- Se ces w i re necessa to ort uses 4110WAd o tri ht its t UPderl~ing Porte and involve attly m&Q-t struGtrmc such as underground utilities artd cartstruetion Of t - emetic i 1 din ai ewalk curbs etli h aWd drivetiva r its a litres a ales a aoth ire tits as 11 s &us stqps e cites at3d ailba a hick oecessa MPP--0rt atkgr al develo tttertt DCA2009-00003 8/25/09 Proposed Amendments to TMC "Witte 18 PAGE I OIL 19 Findin : This clarifies the term used in the Sensitive Lands Chapter so that -it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets, The term " ublic support facilities' is used in the Sensitive Lands Section. but is not defined. This amendment uses the de t ition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E,1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.22 ONIN ADMINISTRATION 18.220.020Z 'nDistnzct Map , , ' k. A. ConsistencJ' aatit oning m l he boundaries a each af the oregoznag districts as listed in Ch ter 18 500 and the onxng classification and use of each tract in each of aid Zoning distazct is perceived to coincide with the i ent~ing one classicadon shown on the map entitled 'Tigard Zoning District map , dated with the jeaivs date of this title retame~ by the City Recorder and referred to as the "honing distnzct reap. "Said map by this n~ference is made apart of this title. ~ ce9ron; d pnznt of the adopted honing district map or map amendments shall e maintained in the office of e Planning Division as as the code remains in eea. Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist. Therefore, this proposed amendment better implements. the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. haptear X8.310 MMA C}F N ~75~ ~'~'S 18.310.020 Summa of ..and Use Permits A. Summary Table. 'The table summarthe decision-making procedure and substantive approval requirements of each land use permit and related action is pivsented in able 18.310.1 below. TABLE 18.310.1(Con't) Decision-Making Approval Other Development Land Use Permit/Action Type Cnterta Regulations Sensitive Lands • Within 100-Year Flood Plain ,,.III-HO 18,775,020E 418.775.070B 18.775 With Excessive Slopes kII, III-HO3 18.775.020~'18,775,070C 18.775 Within Drainage Ways 'III, III-1"101 18.775.020 18,775,070D 18.775 • Within Wetlands IT, III-HOx 18.775.070E 18.775 VAter pemki-te, es 44; "ATv A t,.,.v crcci ..1:0:.,.....1 T T„..... TTT.,t.7f."1 A f tnote 4 Type I rocedures are reviewed with riteria of 1&775.020.E Type II and III r educes are reviewed wi riteria 18. D B, E1 diug: Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't list Type I sensitive lands pexxaits and lists a "water resources overlay" which no loner exists. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Ffoposed Amendments to'TMC,'I3tIc 18 FAGS 2 OF 19 Chapter 15.33 CONDITIONAL USE 18.330.020 Approval Pmeess E. Approval VC11od, C i ' nal use al2 roval b he Hearings Officer she] he effecti fora period of 1- 1 2 e rs from he date of a ro 1. eondit' sea r v 1 b the Hearin s Officer shall lapse if 1. Substantial ca t ction of he approved plan has not e gun i . a one an one h if year period; Constr on on The site is a departure from the a raved lan. 18.330.020. C. Minor modification of approved or existing conditioned use. 2. An ap keant may request approval of a minor me fzcation by means of a Type I procedure, as regulated by Section 4*4904~8 18.39 30 using approval criteria in Subsection C3 belom Chapter 15.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications .Facilities 18.370.040 C8b; 18798 Setback from Other Towers !Conditional_Uge Minor Modification 18.330.030 j Me Permit/Land Cross-Reference s II (18.390.090) Access/Egress Adjustment 18.370.020 Cab Ge"didefift! use/"Rai, madifiertien 49.939-.., Finding. 18.330 does not explicitly state a roval for 18 months while 18.330.030A.6. relates to site development review, which could be applied. Phis niakes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been processi CUP minor modifications as 'T'ype I processes based on 18.330.020.C.2 and. Table 18.310. Contrary to this, I S.390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 1.8.390.030 because the minor modification application is a Type 1. In this amendment, Table 18.390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 5.350 PLANNED EVEL ME S 18.354.070 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: 4. In addition, the following criteria shall he met.. DCA2009-00003 8/25/09 Proposed Amendments to TMC Title 18 PAGE 3 OF 19 1 m. Shared open space facilities: 'T'hese requirements r applicable to residential planned developments only, The detailed development plan hall designate a minimum of 20% of the gross site area as a shared open space facility. The open space faciliy may be comprised of any carnbinataon of the follonfing• (1) Minirrral use facilities l1p to 75% of the open space requirement may be satisfied by reserving areas for mammal use. typically these areas are des guated around sensitive lands (steep slopes, wetlands, streams, or 100year floodplain). (2) Pas jive use facilities. Up to 100% of the open space requirement may be satisd b providing a detailed development plan for improvements rnchiding landscaping, irragadon, pathway and other structural improvements) for pasrive teereataasial use. (3) Active use facilitie £Ip to 100% of the open space requirement may be satin ced by praviding a detailed development plan for improvements (iorluding landseap* irrigation, pathway and other structural improvements) for active rearational axe. (4) The open space area shall be shown on the final plan and recorded on the final plat or covenants Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision. The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there are existing natural areas that could not otherrise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better irnpletrients the City's Comprehensive Plan and implementing ordinances by refining regulations to their intent. Chapter 8.3 0 SITE OE LOPME EW 18.360.080 Exceptions to Standards 78.360.080 Excodons to Standards 18.360.080 Exceptions to Standards D. xeeptions to landscaping requirements The Dimaor sal ma ant an exception to the landscaping regttitements of this code, Section 1&!291 7<S. C0117t1.13.4 capon finding Mat~~erall landscape plan provides for at least 20 cent of the,gws site to be landscaped Fib The existing section refers to old development Code's Site Development Review Process. Additionally, the word "shall" if the overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360,030 Approval Process A. New developmenu and ;w4a~or modica#ovx Site development revieav or a new developpment or ryas mod f aadon of an roved plan or existing develo went, as defined in Section,~60$,18.360.02U.A shall be processed by means of a tyvfitl e 11 procedure, as governed y Section 18.390.040, using approval criteria contained in Section 18.360.090. Finding-, . This amendment is proposed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes. Chapter 18.38 MX LLANEO S PE NII Nate: Entire Section Removed a*~Lev 18 385 M48GELLANEOUS PERMITS £eeti~. 18.385.010 Ms-" Ovedffly- ,ass 48485.030 W-4 Q Use Ge"fimatl-- de. ~o nen a •.a,., r a n •f =Oi.7 ~067v0 LTG'4'a-,,7FCri~. S'32iI'LC~rIIrzcrrea 11 T-e Permit. 4Q x4Tc°ce ."W-L-1 T3 `r rc~.aII ti. L)C.A,2009-00003 8/25/09 Proposed Amendments to TINIC'Title 18 PAGE 4 OF 19 r r tom" r ell r Y 7 Y endtnents t4 `~`C 1's l""-_ ~ S ZSj~91'raE>ased Am nCl~2t~09~{1004~ 8/ > ' rlw7 've -2 wo 1' fi~~'~rne►ydm~ntb ta'~`~'Zit~e 98 p~p,~oo~-aooo~ s! z~i Q~ a MIA ot4 Wier ~ Pide 98 endsn p9 ~+x~~'scd Am r ~ r ate* roc ~xso~flscd r~m~~~dtn~nts C3Qt}t}3 8/~5/Q9 pCh,2QD~7- ee~ T Q yam, T All 54 7 III" ~ } T 4 7 rue ~ssti~` etlts to'I`T~'tG'Itd~ ed ~Faac~a~ sI ~.~I ~q wop46 1 18.385.960 Tive Removal PermiN 4ppeew]rlaT-Tsi.-- a 'Type I pr.B,- the 1V__i,_ la,qds_ eith-ee x system, ___f eolle"U%k". ef baee soils; tei-bid ft Bedifnent 1--deft news,, ft MWft Go" -I'm 0 aft x T-e~ lesa than 75%-. tPF4 444 *191 Finding; This Section is repetitive relative to existing code re uireza~a.eats. It is repeated in each individual Section of the development code pertaining to the permits listed iri Section 18.385. This reddundanc creates confusion for applicants and City Staff. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390-DECISION-MAKING PROCEDURES 18.390.080 General Provisions B. Director's duties With regard to processing applications submitted under this Section, the Director shall.' 3. Accept all dmelopment applications whieh comply with the provisions of Section 18. O' 80 0318.390, 080.z 3. Finding: Scrivener's error; incorrect Section preference, Therefore, this proposed amendment better implements the City's Comprehensive flan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Toe 11 Procedare C..Notac,nf pendi_nz'ie 11A& istrative wsion. 1. Prior to making a Tyfie iI A dministratave Decision, the Director shall provide notice to: a All owners of record within .500 feet of the sub, jest site; b. Any City-recognised neighborhood proud whose boundaries include the ,rite; c. Any gorjenimental agency which is entitled to notice under an intergovernmental agreement entered into with the City whach meh des provision for such notice or who it otherwise entitled to such notice, and 98.390.050 T ype .III Procedure C. Notice of hearing 9. Mailed notice. Notice of a Type 11 Administrative Appeal hearing or hype IIl hearing shall begiven by the Director in the following manner., a. At least 20 days prior to the hearing date, notice shall be sent by avail lo: (1) The applicant and all owners or cnntrxaapurclaasers of cord of the site m&,h it the subject of the application; (2) Allpmpery owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes pro vision far such trotice, or who is otherwise entitled to such notice; (4) Any Q -recaginized neighborhood au whose boundaries include the site; DCA2009-00003 8/25/09 Iztoposed Amendments to'I'MC iide 18 PAGE 10 OF 19 (5) Any person rvho has submitted a written request, and who has paid a fee established by the City Counci4 and (6) In actions involving appeals, the appellant and allparties to the appeal and 18:390.060 Type IVProcedure A h otice otheari, 1. required hearings. Two hearings, one before the Commission and one bore the Council, are required for all Type IV actions, except annexations Were only a hearing by the City Council is required. 2. Notification requirements Notice of the public hearings for the request shall begiven by the Director in the follming manner:' a. At least ten days prior to the scheduled hearing date, notice shall be sent to. (1) The applicant; (2) Any affected governmental agency; (3) Any City recognized neighbothood group whose boundaries include the site; and (4) Any person rvho requests notice in writing and pays a fee established by Council resolution. Finding: These amendments synchronize the neighborhood notice process for Type II, III, and IV Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. Therefore, this proposed amendment better :implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Ch~ptear I8.41.O LIN JUSTibI S 18.410.040.A Ap royal Criteria 4. th regard to lots: b. A screen shall be limvided along tfac proper y litre of a lflt of record where the paved drive in arc access way is located rrrithin ten feet of an abutting lot in accordance r tth Sections 18,745.199-.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas forproposed development, Finding Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. haptex .430 S IVIS UN 95.430.030 Approval Process B. Review of final plat, Review of a final plat for subdivision shall be processed by means of a hype I procedure, as governed by Section 78.390, using approval criteria contained in Section X998818.430.070 Fin ' : Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections, Chapter . 10 RRES E IAL LINING DI RICTS 18.570.060 ..Accessory Structures A. Permitted user..Acossory structures are permitted by right in all residential Zones subjel to the following: 2. Non-dimensional requirements: b. An accessory structure shall comply with all of the requirements of the Stake Building C.QCIs All 117-1 TP, Fin : The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DC.A2009-00003 8/25/09 Proposed Amendments to'I'MC Title 18 PAGE 11 OF 19 18.510.020 list of Zoning Districts H. R-40. Via-High-Density Residential District. The R40 Zoning district is designed to accommodate existzn~ houszt of all ~es and new attached single: fdnzily and malti~fami# housiig wits with no minimmw lot side or y. ~ lirfaatcd amount of neighborhood commercial uses as permitted amraght and a wide range of ciadc and institutional uses are permitted conditianal~. Fin ' : This amendment is proposed because the existing teat is inconsistent with the Tigard Comprehensive Plan. ecording to the Comprehhensive Plan, "Medium-High Density Residential" includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Man and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL DISTRICTS- TABLE 15.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N111 C-051 C-G C-P CBD MUEI2111 MUCA MUC[a1 MUI MUR 1 and 21281 1 and 21281 CIVIC NSTITUTION, I Basic Utilities C N N C C C C 01321 C1321 C[321 C21le es N N N N N C C C C C Comma ' Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Da Care P P P P P P P P P P/0331 Emcr enc Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support P P P P P P P P P P Facilities Le 'ous Institutions C C P G P P P C P P P C Schools N N N N N C C C C C Social/Fraternal C C P P P P P P P C Clubs/Lod es COMMERCIAL Commercial Lodging N N P R1141 P P P P P N Eating and Drinking C P P 111151 P P P P P R[341351 Establishments Fin ' :Because churches are currently a conditional use while social and fraternal clubs are permitted has been a 'tigated situation. Additionally, the amendment conditionally permits basic utilities in the C -C and C-G zones. Thos was an oversight when transferrizag uses frotxz the origal code to the existing version. Therefore, this proposed amendtraent better implements the City's Comprehensive Plan and. implementing ordinances by adhering to land use law precedence. 18.520.0-30 Uses C. fi,ccersory strcrcttares. 1. ccesso strictures are permitted in all comrnerczal hones prauiding the site is still in coma laance with all developmew standards, including but not limited to setbacks, hei ht, lot coven g and landscaping recluiruments, o he base done. All accessory structures shall.,amply with all requirements a the . State_ wilding Cade Fin ' s: The "Uniform Building Code BC)" has been updated to the "State Building Code". Therefore, this prop sed amendment better implements the City's Comprehensive flan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 8/25/09 Proposcd Amendments to TMC Tidc 18 PAGE 12 OF 19 TABLE 18.520.1 USE TABLE. COMMERCIAL ZONES USE CATEGORY C-Nlal C-C)5) C-G C-P CBD MUE1201 WC-1 MUC(281 MUE - RU-1 and 1 and 21281 2128) 7etention Tacilities N N C N C N N I arts N N C C C N N Minin N N N N N N N Wireless P/Rt"J P/RL-J P R P R' P/R P/R P R Communication Facilities Rail Lines Utility P P P P P P P Corridoxs Other C C NA NA C NA NA P=Pern-fitted R=Restricted C=Conditional Use NA=Not A nli~ cable N=Not Permitted (131. ~ bow fwiyd ON of, [2I]Multi family residev al, at 25 units/gross acre, allowed outright. 77re-e~istzsrg detached and a t htd _single famiyl dwellings are permitted outright Findin : The language in the zonsu in code allows attached single family residential. If this is not reflected in this table, I multi-£anvly becomes a star tial review not intended. Additionally, there is no Bull Mtn. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A. -10- e t~ uired All development must comply with: 1. All of the applicable development swidards contained in the underlyi toning district, exapt where the applicant has obtained variances or adjustments in accordance with Sections 310 4 19 z' 18.370 Fes: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the CZty's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 DUS RI ONIN DISTRICTS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL R R R~ Household Living Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities Cz CSI P Colleges Rio cin Ito Community Recreation Cultural Institutions N N W,9 Day Care R R Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N DCA2009-€10003 8/25/09 Proposed Amendmenta to TMC Title 18 PAGE 13 OF t9 Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R~ N N Entertainment Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented RZ N N - Personal Services Rz N N - Repair-Oriented P N N Bulk Sales W,11 N N Outdoor Sales N P P Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C P Office P N N Self Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.0.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 101,imited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood reaps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses, shall only be allowed in IP zoned property east of SW 72"d Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord. 04-14) 32ExpC12J ate and stoxm ad sanita sewers, which x allowed b right Fin This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Ilan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY I GN STANDUAR S 18.G~0.070 Sims A In addition t the r irements of Section 18.7$0 f the Development Code, the f llowin s ndard shall be_met~ DCA2009-00003 8/25/09 Proposed Amendmeats to'I'MC Title 18 PAGE 14 OF 19 1. Zoning District regulations. R i ntial only a elo ments within the M -1 hall mee he sign require nts for the R-40 zone Section 18.78. 0 B• non resi n ial develo m.en within the MU - 1 s allmeet the requirements of he C_P zone Section 18.780.130.D. 2 Sign area limits. The rn rem m sign area limits found in Section 18. 130 shall no be exceeded no are limit increase wvill ermine D3 e ht limits. The maxim m height. limit f r all si s excepA wall signs shall be 10 feet, ll signs shall not extend a ove the to f line of the wall on whi h si ns is loc d No hei h inertias Mill he uermitte~, Sign location. Freestanding si ns within., h Durham QuaM shall not be permitted Sri hen the pt~uired L-1 landscape areas. F„ finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the' standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. hapter 18.705 AC S, EGRESS, D CIRCULATION 78.705.030 General Provisions I... Director's authony to restrict access The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4. A decision by the Director per 18.703'.030 K L.1.-3. above may be appealed by means of a Type 11 pracedure, as regulated by section 18.390.040, using criteria contained in Section 15.370.020 C3. (Ord 06-20, Ord. 02-33) Fiadinz Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. hapter 18.710 ACCESSORY RES N V UNI 18.710.020 Standards B. Limitations. An accesso residential unit is permitted providing there is compliance with all of the following standards: 3. T be number a residents ermined to inhabit the accessory residential unit is ,egulated by the Mate Building Code; Fines: The "Uniform Building Code (IBC)" has been updated to the "State Building Code". Therefore, this proposed amendment betters eplements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.715 E SXTY COMPUTATIONS 18.715.020 Density Calculation A. Definition of net development area Net development area, in acres, shall be determined b sabtmeting the following land area(s) from the gross acres, which is all of the land inclu din the legal description of the property to be developed: 3> All land dedicated for publie rzghts-of way. When actual information is not available, the following foiwalus may be used.• b. Matlti family development,• allocate 15% of gross acreage or deduct the actual trvate drive are , F This proposed amendment makes clear that private drive in multi-family projects would be deducted as a private street in lieu of using 15%. I)CA2009-00003 8/25/09 Proposed Amendments to TMC:'ride 18 PAGE 15 CFI 19 18,715,030 Residential Density Transfer B. Underlying development standards. All density transfer development proposals shall comply with the development standards of the applicable underlying honing district unless developed under the provisions of Section x.44818.350, Planned Development. (Ord. 06-20)■ Finding-Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better im lernents the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 98.730.020 Exceptions to Building HeightLimitatz'ons C. Building heights and flag lot r. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way, private drive or easement is 1-1 12 stories or 25 feet, whichever is less, except that the maximum height may be 2-1 /2 stories or 35 feet, whichever is less, provided' a. 7 he proposed dwelling otherwise complies with the applicable dimensional and height requirements of the honing district; Finder This section describes 2 and 1 /2 stories or 35 feet, but the limit in the code in R-1, R-2, R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 ROME OCCUPATIONS 18.742.040 General A proval Criteria and Standards A. General criteria. All home occupations exce t those that have ~?roven noncom,~orming status shall observe the following criteria in addition to the standards established for 7y-fie £ and Type 11 Uses dssetzbed in Section 18.742.050 of this Section. 5. A home occupation shall not make necessary a change in the State Building Code use classi zcation of a dwelling unit. Any accessary building that is used must meetnijzx $uildhTC-o& State Building Co e requirements; Finding: The "Uniform. Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening.- special provisions 3. Screening of swimming pools. All swimming pools shall be enclosed as required by State Building Code; Fazidin_g: The "Uniform. Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments Adjustments to the street tree requirements may be ranted by the Director by paeans of a Type I a- Za A -3 1Z . '320. I~ 18.370.020.C.6.b. procedure, as regulated in Section 98.390.030, using approval criteria in Section 4 Findin s: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City s. Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 8/25/09 Proposed Amendments to TMC Tide 18 PAGE 16 O 19 Chapter 18.760 NON-CONFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D. Nonconforming use of structures 2. Y a single structure or a structure and premises containing a number of lawful uses (except for a single accessory structure) existed as of tVlareh 16, 198.3, and those uses would not be allowed in the honing district in which they are located, or which are nonconforming because of inadequate oJ=street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses tray be continued so long as they remain atherrvise lawful, subject to the follrrwing provirions- e. When the use of the structure,. including all uses, is discontinued or abandoned for three months, the strrsexure and premises shall not thereafter be used except in full conformity with all regulations of the caning district in which it is located Fer e ~ir~-E~errt~. Rodin :There are no events listed in the Code, reference to events is removed. Therefore, this proposed amend ent better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.7 F-S PARKING AND LO ING RE IREM S Table 18.765.2 Minimum and Maximum Requited Off-street Vehicle and. Bicycle Parking Requirements (Cont.) rm 1 e' i~ yfii! r;:{1~.:78 r: Y s~~i~ ~ i. i i~ ~ .~f ' <~J' :y, .irs p • I . • ~ ..h ~E>y y ;~}G 1 q i r' ~r f?N=` , C'.. 1isi'i.3~ e ,~.fi' ~~:`_..~,7!``4}{'{''''f 41 k ,._"t t3 .r •i.`:f4 '."..4 {3.1u:. '•~~li:. i] M' UI`"1, ^>t. f?~~!lif: ~:S>.~.i Ll. .::.~{4 3. . ii, 2 i? i J.j :..4 ~ I iF F~~.: ~sF.i~?t'.:~ r t IJ`'-10'1'4' i`f 1;ny _i:{jf fir, . t, xr ~ , .~J VI {•]]u;f r.•~~: vi ri '41Fit t .i ~~-0111 v Y.qr{. i l~ i !~3Ytl.lr ;:A..:iE2~°r(i :ll.E n s. a~ Motor Vehicle Related Motor Vehicle 1.0 1,000 but no 1.3 1,000 but no 2.0/1,000 but no 0.2/1,060 sales area Sales/Rental less than 4.0 less than 4,0 less than 4.0 Motor Vehicle 2.0-/1,000 but no 2.3/1,000 but no 2.6/1, 00 but no 0.2/1,000 Servicin /Re air less than 4.0 less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0 service bay 4.0+2.0 service ba 4.0+2.5 service ba 0.2/1000 Office 2.7/1,000 ~M 3.4 1,000 (M) 4.1 1,000 ~M 0.5/1,000 Medical _1 Dema1 3.9/1,000 4.9/1,000 (Ivy 5.9/1,000 0.4/1,000 Self Service 1.0/4 storage units 1.0 4 storage units 1.0/2 storage units 1.040 storage units Stora e Non-Accessory none none none none Parkin Finding The Medical/Dental office use was omitted in the original code. This clarifies use standards. 18.76..430 General Prosidions G. Disabled accessible parking. A# parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the Sta*vf-Qtjw#-(~ Bh ft-Gade-State Building Code and federal standards. Such parking spaces shall be sued, signed and marked as required by these regulations. Fes: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.765.040 General Resign Standards D. On :site vehicle stacking for drive-in use. 2. The Dirwor may reduce the length of the inbound stacking lane by means of a adjustment to be mpkived through a Type 1 procedum, asgaverned by Section ' ¢a0.390.03Ci, using approval criteria contained in Section ~g.18.370.020.C.7,. DCA2009-00003 8/25/09 Proposed Amendineats to'i'MC'1'itle 18 PAGE 17 OIL 19 Finding. Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Off-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: g spaces per Section 18.765.070,H by up to 20% in new developments for the 1. The Director may reduce off-street vehicle park-in incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type XS procedure, as governed by Section 18.390.040, using approval criteria contained in Section M, ~ 74.029.-G 5'. 18.370.020. C. 7.b. Applicantr who quay for this adjustment may also apply for fwtherparking reductions per 18.765.070..7.2, below; 2. The Director may reduce the total required of street vehicle parking spaces per Section 18.765.070.H y up to a total of 20% by means of parking adjustment to be reviewed through a Type 1 procedure, as governed y Section 18.390.040, using approval criteria contained in Section 18.:3 7020 C 18.370.020.C.7.a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18-. *.02 G 18.370.020.C.7.c. Fib Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming E. Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 100year floodplain, drainage way, slopes that are 25% orgreater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities by means of a Type I procedure, asgoverned by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support :facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions A. Definitions As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 8. `73illboard" means a freestanding sign in excess of the maximum side allowed, with adjustments, in the locations where it is located or proposed to be located. Billboards are prohibited b Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Fib: The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required C Compliance with 'State Buifdittg Cade. Separate structural permits under the ~ C-1,61e-State DCA2009-00003 8/25/09 Proposed Amendments Co TW Title 18 PAGE 18 OF 19 Y BnildWg Code shall also apply. Findings: The "Uniform Building Code (f BC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and .imp ementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsa e suns or epr bQbedy maintaiad gns No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and paintained as to be able to withstand the wind, seismic and other requirements as spec fled in the 'Un~ Bui~Stale Suitciang Cady or this title. Fin The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.140 Sign Code Adjustments A. Adjustments. The Director mray grant an adjustment to the mguirements of this Section by paeans of a Type I or Type 11 procedure, as governed by Section 18.390, using approval criteria in Section M -.47A 020 ...1~43M 20 C.S. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations E. In the C-N and GC f<anes No sign shall be petwitted in the GN and £B.GCSC zones except for the following: Finding: Scrivener's error; incorrect Zoning District reference. 'T'herefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.015 Definitions .A. D Rnitions As used m this title, unless the context requires otheawise, the following words and phrases shall have the meanings set forth in this Section. The d nitions to be used in this Section are in addition to Section 98.110, Definitions, and are ae follows: 7. `Bench sign" ; sxxeat~s tech desiPned to seat ea 1 with a N r2 artx or affrx;re ot! the suxFace. Finding, This amendment effectively removes any reference to content of the sign. Content is not permitted to be regulated by federal laver. This amendment addresses . the City Attorney s concern tovi&d by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. C apte~ 15,79$ I.ES COM rTICA SON F ~ TES 18.798.050.B. Review aiteria..Any use subject to review er Section A above, shall be evalmated using the following standards. 3. Setbacks: Towers shall be set back fono the proper y the by a distance egrval to the height of the tower. .A Type 11 adjustment my be obtained to mdvee this setback, subject to criteria of approval contained in Section 18.370.020.010 Fiandin : Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-40003 8/25/09 Prcg)osed Amendments to *rMC Title 18 PAGE 19 OF 19 ATTACHMENT 2 Agenda Item: 5,1 Hearing Date: ul 09 Time, 7.OQ-PM-- STAFF. REPORT, TO THE PLANNING COMMISSION C CITY, OF T'IGA.RDI OREGON. SECTION I. APPLICATION SUMMARY CASE NAME: LEGI LATI UPDATE• TIGARD OMNIBUS a SEWE INQ' TTE CASE NO.: Development Code Amendment (DCA) DCA2009»00003 PROPOSAL: The City of Tigard is requestin approval of Development Code Amendments to ppromote causistencyy among the Code Chapters. These housekeeping" items are froth Comnxunity Deveiopxxaent Code Chapters 18..120 Defibitions, 18.220 Zoni Adnvstratton, 18.310 S~ of Land Use Permits, 18.330 Conditional Use, 18.35 Planned Developments,18.3G0~Sitie Development Review, 18.385 Miscellaneous-Perraits, 18.390 Decision Making Procedures, 7 $.1t1 Lat Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zonin 1Jistxicts, 18.520 Commercial Zoning Districts, 18.530 industrial Zo 18.640 l urhann Quarry Design Standards, 18.705 Access, Egress, and Circulation, 1ring, 8.710 Accessoiq Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Horne Oceupattons, 1.8.745 Landscaping and Screening, 18.760 Non-Conforming Situations, 18.T65 Off Street Parking anLoading Reciuirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 'ireless Communication Facilities. APPLICANT: City of Ti d 13125 WRall Blvd. Tigard, OR 97223 ZONES: Various residential, commercial and industrial zones. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community evelo anent ode Cha tens 18.380, 18.390. Com rehensiv 1 n Ch tets Coal 1: Citizen Involvement, Goal 2: Land Use Planning. etto Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1, 2. SECTI 11. STAFF RECOMMENDATION Staff rocornihends that the Planning Commission find in favor to amend all regulations as proposed, with any . 'hjteratiohs as determined through the public hearing process and make a final rec.ommendadaii to ".t~.e Turd ~3 Council.. . DCA2009-00003 7/6/2009 Pubfic ffearing Staff Report to Planning Commission PAGE I OF 27 SECTION 111. BACKGROUND INFORMATIQN- Over the past: several years, staff has collected Development Code items which are inconsistent anal/or need clarification. There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been included into the Omnibus Package and are the subject of this proposal. The remainders have been grouped by Development Code Section and will be brought to the Planning Coixsission on a by-Section basis. As the City has recently completed the significant task of updating the Comprehensive Plan policies, one of the next tasks is to align these policies with the implementing ordinances to make the Code more clear and objective. Proposal Description The "Omnibus Package" is the first step to addressing the Development Code amendment list items. The Omnibus Package items are proposed to make the code consistent, more clear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the deveopment and use of land in Tigard and to implement the Tigard Comprehensive Plan. The City is requesting approval of Development Code Amendments to promote consistency in the Code Sections. These "housel~eeping" items are from Code Chapters: 18.120 Definitions; 18.220 Zoning Administration; 18.310 Summary of Land Use Permits; 18.330 Conditional Use; 18.350 Planned Developments; 18.360 Site Development Review; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.410 Lot Line Adjustments; 18.430 Subdivisions; 18.510 Residential Zoning Districts; 18.520 Commercial Zoning Districts; 18.530 Industrial Zonin ; 18.640 Durham. Quarry Design Standards; 18,705 Access, Egress, and Circulation; 18.710 Accessory Residential Units; 18.715 Density Computations; 18.730 Exceptions to Development Standards; 18.742 House Occupations; 18.745 Landscaping and Screening; 18.760 Non-Conforming Situations; 18.765 Off Street Parking and Loading Requirements; 18.775 Sensitive Lands; 18.780 Signs; 18.798 Wireless Communication Facilities; SECTION IV. APPLICABLE CRITERIA Cit o Tigard Development Code (TCDC) Chapter 18.380: Zoning and Text Am n ments Section 18.380.020 Leggislative Amendments to the Title and Map A. Legislative amendments. Legislative xoning reap and text amendments shall be undertaken by means of a'T'ype IV procedure, as governed by Section 18.309.060E Findings: The proposed amendments to the Tigard Development Code would help make the Code more consistent, more clear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement DCA2009-00003 7/6/2009 PubGe 1-1caring Staff ltcpoxt to Manning Commission 1't1GE 2 OF 27 the Tigard Comprehensive Plan. The proposed amendments are being processed through a Type IV procedure including: public notice and a Planning Commission and City Council Hearing;. Therefore, the application is being processed as a Type 1V procedure, Legislative Amendment, as governed by Section 18.390.06OG and this criterion is met. Conclusion; Based upon the above findings, the application complies with TCDC Section 18.380.020. ha ter 18.390: Decjsi -Maki Pr d es Sectoon 18.390.020. Description o Decision-Making Procedures B.4. Type IV Procedure. ype IV procedures apply to legislative matters. Legislative matters involve the creation, revision,, or large-scale implementation of public policy. T pe IV matters are considered initially by the Planning Commission with final decisions made by the city council. Fins The proposed atnendtxtents to the Tiggard Development Cade will be reviewed under the Type IV le dative procedure as detailed in Section 18.39Q.Q6Q.G. In accordance with this section, the amenaiiients wal initially be considered by rho Planning Coixitxtission with Gity Council rrtal~ixtg the final decision. Conclusion: Based upon the above findings, the application complies with TCDC Section 18.390.020, Section 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and a. Any applicable provisions of the City's implementing ordinances. s Pursuant to the findings and conclusions in this Staff Report that address a licable Statewide Ejadin Plann3tt Goals and-Guidelines per ORS Chapter 197, Metro Regional Functional Plan Tales, City of Tigard Comprehensive Platt policies and Development Code Chapters, the amendment is consistent with this criterion. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to the Oregon Department of Land Conservation and Develo meat (DLCD) on May G, 2009, well in advance of the rrecl*ed minimum of 45 days prior to the first scheduled public hearin U CD. addition, the Tigard Development Code (TCDC) and Comprehensive Plan have been acknowledged by DLCD. The following applicable Statewide Planning Goals are addressed further in this Staff Report: Statewide Planning Goal 1, Citizen Involvement and Statewide Planning Goal 2 Land 'use Planning. Conclusion: Based upon the above findings, the application complies with TCDC Section 18.390.060 CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Comtrehentive Plan Chapter Goal I. Citizen Involvement; Goal 2. f-4nd Use Planning A review of the Comprehensive Plan identified the following relevant policies for the proposed amendments: Chanter I: Citizen Inyolvemment Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate its all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. DCA2009-00003 7/6/2009 Public Fearing Staff Report to Planning C,'omisslon PAGE 3 OF 27 Findings: The proposal has complied with all notification requirements pursuant to Section. 18.390.060 of the Tigard Community Development Code. This Staff Report was also available seven days in advance of the hearing pursuant to Section 18.390.070.E.b of the Tigard Community Development Code. Information was distributed throughout the process via the City's amendment website, an "interested parties listserv" and one Cityscape article. As part of the Development Code Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the June 18, 2009 issue of The Tigard Times. Notice will be published again prior to the City Council public hearm . The notice invited public input and included the phone number of a contact person to answer questions. Ae notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Conclusion, Based upon the above findings, the application complies with Tigard Comprehensive Plasm Goal 1.1, Policy 2. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings-: As outlined previously in this Staff Report, the community was given multiple op ortunities and i;etbods to get information and get involved. This included a Cityscape newsletter that is delivered to every household in Tigard. As this is not a large scale project, the associated citizen involvement program is of similar scale. This proposal is not a policy decision,~uiding document or other effort which is suited for extensive public invovemment. It is an effort to make e Development Code consistent acid does not contain highly subjective items which. would be suited for stakeholder feedback and guidance. Conclusion. Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1, Policy 5. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shalt ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Fin : : Information regarding the topics included in this Development Code Amendment was available in multiple, locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in time permit center and on the City's website. Information, was regularly updated to the City's website. Conclusion,: Based upon the above findings, the application complies with Tigard. Comprehensive Plan Goal 1.2, Policy 1. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. iindin s Information was distributed throughout the process via the project website, an interested parties list and Cityscape article. As this is not a large scale project, the associated citizen involvement program. is of similar scale. -This proposal is not a policy decision, guiding document or other effort which is suited for extensive public involvement. It is an effort to make the Development Code consistent and does not contain highly subjective items which would be suited for stakeholder feedback and.g dance. Therefore, promoting various citizen involvement methods and evaluating effectiveness may not be appropriate for this type of amendment proposal. Con union; Based upon the above findings, the application complies with the relevant aspects of Tigard Comprehensive Plan, Goal 1.2, Policy 2. DCA2009-00003 7/6/2009 Public Floating Staff Report to Planning C;orammisxioo PAGE 4 OF 27 Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. ixidinas This proposal is not of a type or scale to necessitate community organization collaboration. There are no substantially st7bjective issues lending themselves to decisions which were made to generate the proposal languaa . Additionally, the amendments do not sigiuf.cantly affect the use of land or property. The proposed amen ents are not Oding rimiples or would substantialllly affect stakeholders to generate differin poEtions which require reviewing findings or analyzing information. to make decisions. Therefore, this policy is not applicable. Conclusion: Based upon the above findings, the application is not applicable to Tigard Comprehensive Plan Goal 1.2, Policy 5. Chaptgr.2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program.. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FF The proposed amendment satisfies this policy by updating the Development Code Chapters which will, better comply with state and regional requirements and serve citizen interests by helping to create a more clear and objective and synchronized Development Code. The proposed amendments. to the Tigard Development Code would help make the Code wore consistent, more clear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the cleveloptnent and use of land in Tigard and to better implement the Tigard Comprehensive Plan.. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1, Policy 1. Policy 2. The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. Fin ' s: The proposed amendments will better support the exxistin land uses and future development potential in the City of Tigard by helping to provide a clearer, more objective and synchronized Code. These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. Furthermore, the following analysis has proven that the application is consistent with and implements the Tigard Comprehensive Flan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1, Policy 2. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. F'indi..,gs The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given more than the minimum required 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. Cgn:clusion Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1, Policy 3. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, rovide reliable information, and conform to applicable state law, administrative rules, and regionarrequirements. DCA2009-00003 7/6/2009 Public T-Iearing Staff Report to Planning Commission IMAGE, 5 OF 27 Findings: The proposed amendments satisfy this policy by uppdating the Development Code. By updating the Code, the City will ensure it is in compliance with apphcable laws, rules, regulations, plans, and programs such as the Sate Building Code. Findings of conformance to applicable state and regional requirements can be found in this Staff Report. The proposed amendments are in themselves, an update of the Comprehensive Plan's implementing measures. The amendments are proposed to a community need of a succinct, synchronized code which provides consistent and reliable information. The proposed amendments will better support the existing land uses and future development potential in the City of Tigard by helping to provide a clearer, more objective and synchronized Code. These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigatd Comprehensive Plan. Conclusion: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Comprehensive Plan, Goal 2.1, 'Policy 20. APPLICABLE METRO PRMISIONS Metro Uxb n Growth M na em n F nc i n l Plan Findings: The Metro Functional Plan is not applicable to this application, The application does not affect those Titles that pertain to T igard. The application does not compro,se compliance with any Metro Titles. Conversely, the proposed amendments bring the City into further compliance with Metro Titres by creating a more clear and objective, consistent and accurate code. The proposar does not have bearing or amend the City's housing or employment targets per Title 1. • it does not affect regional mobility or traffic issues per Title 2. It is not relevant to water cluality,flood ixxanagemeint or fish and wildlife per Title 3. The a plication does not specificalry affect industrial or employment areas per Title 4. Neighboring cities and/or rural reserves in Title 5 wirr not be affected by this proposal. The application is not relevant to designated centers per Title G. The ptoposal does not affect housing affordability per Title 7. No compliance procedures er Title 8 are relevant to this proposal. • Performance measures per Title 9 are not affected by this amendment proposal. The proposal does not change any definitions per Title 10. • The proposal is not planning for a new urban area per Title 11. The application does not alter residential neighborhoods per Title 12. Therefore, these criteria are not applicable. ,V',Qnclusion: Based on the analysis above, staff finds that the Metro Urban Growth Management Functional Plan is not applicable to the proposed amendments. APPLICABLE STATEWIDE LAND USE P ING GOAL statewide Planning Goals Statewide Planning Goal I - Citizen Involvement, This goal outhhes the citizen involvement requirement for adoption of Comprehensive Plates and changes to the Comptehensive Plan and implementing documents. Fines This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. As part of the Development Code Amendment process, public notice o this Planning Commission public hearing was sent to the interested parties list and published in the June 18, 2009 issue of The Tigard Times, Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. The public hearings wilt be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be inclued as part of the evidentiary record. DCA2009-00003 7/6/2409 Public Hearing Staff Report to Planning Commission ~ PAGE 6 OF 27 Con Based upon the above findings, the application complies with Statewide Planning Goal 1. Statewide Planning Goal2 Ladd Use Planning., This goal outbnes the land use planning process and policy framework. The Comprehensive Plan was ackaowledged by DLCD as being consistent with the statewide planninggoals. Fin ' : This goal. outlines the land use planning process and j~olicp fiamewo& The Comprehensive Plan was ac mowledged by DLCD as being consistent with the Statewide lanning Goals. The Development Code implements the Comprehensive Plan's policies; which include policies for amending the Plan and implementing ordinances. The Development Code establishes a process and procedures to review changes to the Development Code consistent with Goal 2. The City's Comprehensive Plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2 which have been acknowledged by D1_,CD. These proposed amendments are being processed through the appropriate procedures as described in this Staff Report. The proposed amendments and Staff Report provides a factual basis for all reposed amendments. Because the proposed amendments are not subjective, there is not substantially alttemative language or opposing positions to evaluate. The proposed amendments to the Tigard Development Code ate being processed as a Type ITT procedure, chic tequires anyy applicable Statewide Plant= Goals, federal or state statutes or regulations, Metro regulations, local Comprehensive Plan policies anTimplementm ordinances to be addressed as part of the decision-malsing pprocess. As described in this Staff Report, otice of the Proposed Amendments was provided to DLCD 45 days prior to the first scheduled public hearing as required. All. applicable review criteria have been addressed within this Staff Report; therefore, the requirements of Goal 2 have been met. Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 2. Conclusion; Based upon the above findings, the application complies with all applicable Statewide Planning Goals. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Manning C.'ommiemion PAGE 7 OF 27 SECTION V. STAFF AIoTALYSI~ indicates language proposed to (Bold nd UnderliM x indicates proposed new language and stA-rou-11 be deleted) Chapter 18.120- E NITIO 18.120.030 Meaning of Specific Fords and 'T erms A. For additional words and terms, also see Use Classifications (Section 18.130); Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780), Tree Remowl (Section 18.790); and Vireless Communication Facilities (Section 18.798). As used in this title, the following words and phrases mean: 4. `Accessary building or structure" -A fi'eermg structure whose use is incidental and subordinate to the main use of propsrty and-. located on the same lot as the main use and is freestanding is joined tote rima s r sole no -h bi b e ace fin d b the State Building `Addition" - A modicadon to an existing building or stmeture which increases i height or, i es the site coverage. A tore is considered an addition ni vvh it sh es a comet n all d is t ctu a l de n h rima s rut e. See also "Acces a hWIding. or strut re" anal" l" ommon, "Cc n all" - A wall o MAO ills that share da to rov'dc se aratioo a interior-gliaces, Fot vertical additio _ floor c ilia a se l is shared ounda s in sac Fizz ' This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. 'T'hese definitions help to define accessoi3r structures to avoid large buildings attached by breezeways and refine the wording of ]director's interpretation of July 3, 2006. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by aligning all associated definitions. 18.120.030 .Meaning of Specific Fords and Terms A..p'or,addidonal wards and teams, also see Use Clarsications (Section 18.930); Mixed Solid Warte and .Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal (Section 18.790); and Wireless Communication Facilities (Section 18.798). As used in this title, the following words and phrases mean, 54. "Density" - The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 48-.7-26 18.715. Fire: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plant and implementing ordinances by promoting consistency among the Code Sections. 18.120.030 Meaning of Specific Fords and Teams A. For additional words and teams, also see Use Classifications (Section 18.1309; Mf ced Solid Waste and Recyclable Storage (Section 18.755); Sensitive L antis (Section 18.775); Signs (Section 18.780), "T"ree &mowl (Section 18.790); and Fireless Communication Facilities (Section 18.798). As used in this title, the following wards and phrases mean: 117 Ttr Ire ort facr'li ' Se ices which are ecess t sta rt arses allowed o tri h in the derl in zo a and in lve onl min c res such as u e and iii ies and co of road cavemen s i OW-Mg: i ilk curbs t t i hts and d 'v s er lines Poles. have s arc h dr nts as 11 a s aches a 4 mail xes which re necessar►~ fia su~ort principal develop DCA2009-00003 7/6/2009 Public Bearing Staff ].depart to Planning Commission IIACI; 8 OIL 27 Emclin This clarifies the term used in the Sensitive Lands Chapter so that it is the same as the original sensitive lands xe ulations and so as not to be confused with princi al structures like streets. The term " public support facilities' is used in the Sensitive Lands Section but is not defined. This amendment uses the dei ition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment betters implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18:2720 ZONING MINISTIOUION 78.220.020Zonin D -tr-cMap A. Cand the avit onin map. The boandaries of each of the foregoing districts as listed an T-ar a o oan Chapter 18. 900 e Zoning e,s facation and use of each tract in each of said Zon~in~ district is perceived to coincide with the identi oft done elassication shown on the reap entitled `Tigard Zoning Distr~ctMap'; dated with the 0ective date of this title ntasned by the City Recorder and referred to as the "Zoning district neap. "Said ma b this inference is made a art o this title. A. certified print of the adopted toning district map or map amendments shall be maintained in the ofm of the Planning ,Division as long as the code remains in effect l~indin Scrivener's error; the referenced table "Table 1$.220.1" doesn't exist. Therefore, this proposed amendment better it plements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.310 SUMMARY ND USE ERMff 18.310.020 Summary of Land Use Permits A. Sxrmmary Table. The table .summarising the decision-soaking procedure and substantive appi~val requirements of etech land use permit and 9rslated action is presented m ,able 98.310.9 below TABLE 18.310.1 (Con't.) Decision-Making Approval Other Development Land Use Permit/Action T e Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain J,111-HO 18.7202~ 20.E 418.775.470B 18.775 • With Excessive Slopes I XI, III-1-103 18,775,020,E.418.775.Q70C 18.775 • Within Drainage Ways III, III-HO3 18.775,020,E 1>18.775.070D 18.775 • Within Wetlands If, 111-H03 18.775.070E 18.775 • Fenditfe~al Uses IIx I©~ 48,797.069B Add fo n 4 T e I race res are.I_Qimtd _with crriterri o£ 1 .775.020 E Type 11 and H ro gg"ites ar r vie ed w' criteria 18,77$.070.B. ~dScrivener's error. This aaxxendment is ~raposed because the City does not have a fee for Type I sensxve lands. Additionally, the Table doesn't hst Type I sensitive lands permits and lists a "water resources overlay" which na longer exists. Therefore, this proposed aroerxdxrxent better implements the City's Comprehensive Plan and tmplerz~enting ordinances by pxoxnoting consistency arx~ong the Code Sections. DCA2009-00003 7/6/2009 public -Tracing StaffRepoct to Planning Commission PAGE 9 OF 27 Chapter 18.330 CONDITIONAL USE 18.330.020 Approval Process E Approval period. Condi fora I use approval he I e rings; Officer shall be e&ative fora period of 1- 1 2 ears from the dot f a rov I. The conditional us roval Lby t e s fficer sha I a se if _q a 1 Substantial c rastruction of the a roved Ira has not be am i in a one a e half a io 91 2. nstructi n o the site is a de toe from the r ve plan. 19.330.020.C.Minor modification of approved or ex ; ing conditional use. 2. An applicant may request approval of a minor modifieatioa by means of a Type I procedure, as regulated by Section 48-49G.848 18.3901-030 , using approval criteria in Subseetion C3 below. Chapter 18.390 SUMMARY O PERMITS BY TYPE OF DECISION-MAKING TABLE 18,390,1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications Facilities 18.370.040 C81~;18798 Setback from Other Towets Conditional Use Minor Modification 1 .3 0.030 Type Permit/Land Cross-Reference(s) 11(18.390.1140) Access/Egress Adjustment 18.370.020 Cab Ganditiaeal i8-33 Fit din8: 1$.330 does not explicitly state a roval for 18 months while 18.330.030A.6, relates to site developrxrent review, which could be applied. his rxsakes the a~ppproval, period consistent with that of the site development review pprocess. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Canclttianal Use Permits. The Gity has been processing CUP minor modifications as Type I processes based on 1$.33Q.Q20,C.2 and Table 18,310. Contrary to this, 18.39.0.040 shows a minor modification as a Tyyppe lI prneedute, Io address this, 1$.33Q.Q20.C.2 should refer to Section 18.394,030 because the minor mocation appplication is a 7" e I. Tn this amendment, 'Fable 18.390.1 is modified to remove CUP manor modifications fiaxn the Type 11 Section and added to the Type I Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 18.354 PLANNED DEVELOPMENTS 18.350.070 Detailed DevelopmentPlan.hfpproval Criteria A. Detailed developmentplan approval enter a. A detailed development plan may be approved only if all the fallowfing criteria are met: 4. In addition, the following eriterza .shall be met. IXA2009-00003 7/6/2009 Public Clearing Staff Report to Planning Commission PAGE 10 OP 27 err Shared open space facilities: 'T'hese requireMents are appligable. to residential planned developments only. The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space faciliy way be comprised of any combination of the following: (1) Minimal use facilities. Up to 75% of the open space requirement may be satisfied by reseming areas for minimal use. Typically these area are designated around sensitive lands (steep slapes, wetlands, streams, or 100yearfloodplain), (2) Passive use facilities. Up to 700% of the open space requirement may be satled b providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural irrrprovements) forpassive recreational use. (3) Active use facilities p to 100% of the open space sequirement may be satisfied by providing a detailed development plan for improvements neluding landscapin& 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 fiinal plat or covenants. Fin . : The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision, The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial developtraent unless there are existing natural areas that could not otherwise be developed, With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by refining regulations to their intent. Chapter 18.36 SITE DEVELOPMENT VIE 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards 18.360.080 .exceptions to Standards D. Exceptions to lane, ing requirements The Director sfaal m ant arx exception to the landscaping requirements of this code, Section 4'8$, 18.360.070.B,4 upon finding X-overall landscape plan provides for at least 20 ere n of the grass site to be landscaped. E jading.- The existing section refers to old development Code's Site Development Review Process. Additionally, the word "shall" if the over-all landscape plan provides for 20% could be problematic since that is the standard fox most zones. 18.360.030 Approval Process A. New de,, o5ments and ma'or modfcations. Site development re 4aw or a new develo went or mayor mods cation of an a roved plan or existing ma opment, as defined in Section 4# 69.40 M,1,8,360.020.A shall be promrsed by means of a yype 11 procedure, asgoverned by Section 18.390.040, using approval criteria contained in Section 98.360.090. Finding: This. amendment is ppro osed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes, Chapter 19.3$5 M1 O S PERMITS Note: Entire Section Removed Ghapter 48-M& MISGELLANEOUS PERMITS U,385.030 Non Gaitforming Use Getifirmatio 18.385.050 T-!Tr - Permits U.385.060 tee 1-7 ~j --I Permitq DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission 111AGE 11 OF 27 ~l 4~►~~~~~ 'tea Iwo 7t%k~~y~} 3 y 3 3 y r y , E~f 3 , an Staff ~~P°xt cc> ~'ta~slixzK C;c~Cnxniss'tox~ ~ 1 blzaa~ yY~b1z4 ixeax ~ ~,~~.zoo~-c~ooa~ 18.385.020 Home Oecupatien ite geetiefts 18.742.040A siid 18.742,050 M. and subjeet a- W44 be ftbotd iiame te the idevoRz r r Ha:.: 1' > > > a Be ad inereasedlat a a -1 -p width-, oi- f > a way with 0~e home '7 'D__ Iliving londseap., a ) > tZe S y R.l.•......71 fl..«w.:f.. 4¢ 4OC. A. 11 /'1~ /nd sa de-p-ng the 7 a i f f reewse%, ) f y iknd . ,3 a 1o74KnAn d ao^s4nn n *ppi,&v-A if the eanditions of apprcwo4 hwe not been at! ate not beitig 9 tev;olte the home o ! Or e !"G etteres-i --ft- f n t"' ffl , R. Gessa4ea of!= di 1 d-.S*f" the a f of ofleveav Z'ICT"I.~C: Goot-frob-m-i"g Use Confirmation erkeria-Rh-A he a5ed by 614 -P 'dae, DCA2009-0€1003 7/6/2009 Public ITcaling Staff Report to Planning Commission PAGE 13 O 27 mowing: oth the , bills- ] Besiness u } e.g., s: 18.385.040 Semi 3 ] r 1 7 6. Z_ as ii d- I of _emiuve > e.g., Aeny 7 an a" etftfV ] fill, } I land ] ] allowed ift am- } k9 } pa&M i8 deemed by the-Hem... f 3 r 7 ele pathway lands peemit e- ipfl 1 sedie > r p"er1r, stmeteralsta-bihq- ---A -he } ] 7 DCA2009-00003 7/6/2009 Public I-Icaring Stafflicport to Planning Commi8sion PAGE 14 OF 27 elepth to bedr;eelq and i '-Le &=116 44;9* 0-04PF6 -L been sads J i 7 ft-P&I'MY A- J a Ha~~ `~w_ t cr .._~_Q ^r rs~ r °"'a° 3-mg end Sereeeing, Af &-a ve roc a~ ina J C, A -J R*be of Ovegett Y=md Board, Division of St T ---A- W6 shag be obtain4 an fat a aefteitive lands peiam-it -.-Athift wetlaiid% based upon "tkp that all of th feii -11 beeit s*fisficv: i J eoiAanee with Section 18.74 ] 8 Creefti 19 J AUI _s A- -sr sensitive lands reqtdremente ! i Hazards, Natut4 9 Nateral Amts, and Parks, a x90ic rI%_e_,__ _nia 4- ~m thft-t all of wing in ft calendar year --d for -0 1 - - J J J i as by SM-6-mi ) - B. Unforese L__ Q_ i Situation S. 11 41 B 48.399940; J a r t a r u t ~t wind ' s ! DCA2009-00003 7/6/2009 Pubec Hearing Staff Report to Planning Commission PAGE 15 OF 27 cseEby te ftit 3---heVpfiea MIC" e-rce~s- Ptepetty as and > and > , Fete lieed by Seed F > 8, The use ed- stjialls in the *eea of the usel > F , F if applieable. tt~ water; IY > ' . 7 ase, ptlT F ) A.l.'.... ".lY....... n,.......:i.. 10 ffOL' A ii/+7J'IW o in whieh the real pr is to be f ffft-I where ffie real prap f Dr Trempe&ftrf TT- > > ieve ~7-idh -n-__ _ de, AMP use =P=Mal P.4, 411- ' . thin the Gity *o a tempov the fiAlowing -4-1 riot ftfe-s~~ eleeated 7 +rc a".C#irni~=ai a rn wa . .s .t , .4 he by 'Mr A i aed ~T : > > > ftnd Section • f f *treetft 7 7 would not ~~et the sdjeiniaVases,, •3"'l7ILZG^RZ',CizzzTfLii ^a^^y a.,. ..aa,. 4t' cac DCA2009-00003 7/6/2009 Pubhc llcmfing Staff Report to Planning Commission PAGT? 16 OF 27 a a 14ti3~9~ 4. Rein&val of the aee ffieas"fAle fie ! ! AF of h. veleme on S of into the stem and 8044r--A qi~ emer S S stem, a feauh of the ae6oa of ere 1 S et eve~- are 80 Or sea,fflen' &deft ! a es}..,...7. ! v- ryryp/*, ft! pemik shag be.effeet~ft fet ette efflie half yeais &ein th &#e of aja~pt ah f' TT- J-1 r-11-1 Wple-e~~of up Finding: This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pertainita to the permits listed in Section 18.3$5. This reclundanc creates confusion for applicants and City Staff. Werefore, this proposed amendment getter implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. hapter 18.390 D SIGN-M NG PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Uimaor shall 3. Accept all development applications which comply with the provisions of Section 18-J&O:080£ .18 391!.080.17.3. Tai Ang: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better im lements the City's Comprehensive Plan and. implementing ordinances by promoting consistency among tie Code Sections. 98.390.040 Type 111 Procedure C. SpAce o e ri e II d ' is ative 9. ,Prior to making a Type 1'ZAdministradve Decision, the Director shall provide notice to: a. All owners of record within 500 feet of the subject site, b. Any City-recognised neighborhood getup whose boundaries include the site, c. Anygovenxsnental agency which is entitled to notice under an intergovernmental agreement entered into with the Ctty which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type Ili Pvicedure C Notice of hearing: 9. Mailed notice. Notice o fa Type 11 Administrative Appeal hearing or Type HI hearing shall be given by the Dinctor in the following manner,, a. At least 20 days prior to the hearing date, notice shall be sent by mail to. (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All propery owner of record xvithin 500 feet of the site, (3) Any actedgoverr:mental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; (4) AV .Cfty-recognized. neighborhood grouu op remgniVd by am Go emd whose boundaries indude the site; DCA2009-0000 716/2009 Public Hearing Staff Report to ]Tanning Commission PAGE 17 OF 27 IM Any person who has submitted a written request, and who has paid a fee established by the City Council; and (5) In actions involving appeals, the appellant and all parties to the appeal. and 18.390.060 Type IVProcedure D. notice of hearing: 1. Mquired hearings Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a hearing by the City Council is required. 2. Noticatron requirements. -N-otice of the public hearings far the request shall be given by the Director in the following manner. a. At least ten days prior to the scheduled hearing date, notice shall be sent to. (1) The applicant; (2) Any affected governmental agency; (3) Any City-.recognized neighborhood group whose houtrdarles include the site; and (4) Any person who requests notice in writing and pays a fee established by Council resolution. Finding: These amendments synchronize the neighborhood notice process for Type 11,111, and 1V Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOT E ADJU TMENT 18.410.040.A Approval Criteria 4. 1lfitb regard toT`a bits: b. screen shcs berovided along the property dine of a lot 018 record where the paved drive in err access may is located zadthin tenet o an alrzttting lot in accordance wvatb Sectzons .743 94F1- 05th. Screening may also be rega~ired to rrcaintaisz privacy abutting lots and to provide usable outdoor recreation areas forproposed development Finding: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. hapter 18.430 SUBDIVISIONS 98.430.030 Approval Process B. Review of fz'nal plrct. Review of a final plat for subalivision shall be processed by means of a Type I procedure, as governed y Section 1 8.00, using approval criteria mntained in Section 194-30:989 28.430.070 Finding: Scrivener's error, incorrect Section reference. Therefore, this proposed amendment better 'plements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RE I ENTIAL ZONING DISTIL 18.3"10.060 Accessory Star *ms A. Permitted uses. Accessory structum are permitted by right in all residential hones subject to the follambig- 2. Non -Awensional reperementsr b. An accessory structure shall comply with all of the requirements of the UNfoo" g Cede State Building a Ad F n n The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents.' DCA2009-00003 7/5/2009Pablk F-Tearing Staff Report to Planning C«mmialion PAGE 18 OF 27 19. 510.020 List of Zoning Distracts H. R40. ec18s-'High Dentyerident£gl i?istrcct the R40 honing distract it designed to accommodate existing botising of all yes and new attached single family and multi family bowing units with no minimum lot side or 9-a-mcn t A limited amoxnt of neighborhood commercial uses is permitted outright and a made range of civic and institutional uses are permitted conditionally. Finding:. This amendment is proposed because tl~e existing text is inconsistent with the Tigard Cann relaensive Plan. According to the Comprehensive Plan, "Mediurxa_gh Density Residential" includes the R 2a zone, not the R-40 zone. Therefore, this proposed aendeni getter innpleents the City's Comprehensive Play and imple~xyentixzg ordinances by pxoxnotu~g consistency among the these two documents. aptei 18.5 2U MME AL ZONING DIS-MTCTS TABLE 18.520.1 'i.I'SE TABLE: COMMERCIAL ZONES USE CATEGORY C-N111 C-0-11 C-G C-P CBD MUD2II1 MUC-1 MUCIN WE MUR 1 and 2[2s1 1 and 212$1 CIVIC NSTITUTIQNAL Basic Utilities C N C C C C C1521 01521 01321 l.1al Cfsel Cone es N N N N N C C C C C CoMplum Recreatloz~ N P N N P C N P C C Cultural Institutions P P P P P P P P P N Da Care P P P P P P P P P P/01331 met enc Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal SuTice P P P P P P P P P N Public Support P P P P P P P P P P l:+acilities Reli 'ous Institutions C C P tv P P P GP P P C Schools N N N N N C C C C C Social/Fratelmal C C P P P P P P P C Clubs/Lod es COMMERCIAL Coitmercial Lodging N N P R141 P P P P P N Eaixng at►d Drinking C P P 81151 P P P P P R1H1351 E SLab]_i511!](1e t s Pindin : Because churches are currently a conditional. use while social and fraternal clubs are permitted has been mitigated situation. Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferting uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. 18.520.030 Uses C. Accessory strrtctures. 1, fccessory st~zrctures are permitted in all comrnercaal hones prnvidang the site is still in cunt fiance math all development standards, including but not limited to setbacks, her ht, lot covera e and landscaping requirements, o~he base ~one..All accessory strt~etures shall comply with all requirements of the~~~~~~'sdd~ State Bt~~ldin~ Code Findings: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Compmhensive Plan and implementing ordinances by being congruent with. State reference documents, DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 19 OF 27 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE. CATEGORY C-N11) C-C15E C-G C-P CBD M00201 MUC-1 MUC1261 MUE MUR 1 an 1 and 21zs1 21281 Detention Facilities N N C N C N N I3eIi orts . N N C C C N N -Mining N N N N N N N Wireless P /R[31 P70131 P/1131 P/R13I P/R131 TRI31 P 71U271 Communication Facilities Rail Lines T. ' i.ty P P P P P P P Corridors Other CI4I CIIO NA NA C ~1 NA NA P=Permitted R--Restricted C=Conditional Use NA=Not AA Mlicable N=Not Permitted n 4f) --l .4, [21]Multi family residential, at 25 units/gross acre, allowed outright. Pre-existing detached and a ached single family dwellings are permitted outfight Fin 'n ; The language in the zoning code allows attached single famil residential.. If this is not reflected in this table, 01 multi-foini y becomes a substantial review not inters ed. Addt~tionally, there is no Bull Mtn. CP district and there is no longer CP district in the Triangle, 18.520,040 Development Standards A Camt~ Rance nau Alt development must compy with: 1..'Ill of the applicable development standards contained in the underlyin honing d erect, except fvhere the applicant has obtained variances or adjustments in accordance mith Sections . Finding, Scrivener's error; incorrect Section teference..Tbere£ore, this proposed amendment better im lements the Cffi/s Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 IND I ZONING DrSTRICTS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY 1-p I-L I-H RESIDENTIAL Household Living R1 R' RI Group Living N N N Transitional Housing N N N Horne Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities CR CL2 P Colleges N N N Community Recreation CIO CIO CIO Cultural Institutions R '9 R . N3 Day Care Emergency Services P P P Medical Centers N N N Postal Service P P P Public, Support Facilities P P P DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PACM 20 OF 27 Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N General Retail - Sales-Oriented Rz N N - Personal Services R~ N N - Repair-Oriented P N N Bulls Sales R1' N N Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C P Office P N N Self Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530,050.C. 1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. "Limited to outdoor Recreation on (L) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses, shall only be allowed in IP zoned property east of SW 72~d Avenge, These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord, 04-14) !Exce t tear a s oun and sanita sew f a his ar i d b right . Finding, This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment betters implements the City's Comprehensive flan and implem nting ordinances by creating consistency annong Code Sections, Uapter 1$.64 AM QUARRY DESIGN STA DDA-R-DS M 6*. AV Rleg 1 G4~ O.070 %"n A. In addition to the re quiremeftt,~ of Section 18.780 of h Develo me t Code the following standard shall be Mgt; DCA200.00003 7/6/2009 Public Hearing Staff Rieport to Planning Commission PAGE 21 OF 27 1. Zoning District re 1 i n Residential nl developments within the M G1 sh ll meet the sign i m n -for t ht R-40 mu S etion 18 $ x.30.8• -non reside ti l evelo men ithin the k1+IUC- 1 ll Mee he re uirem n s f the C, P z ne Section 18.780.130,D. 2. Sian area limits, The maxim. to si area limit fo nd in Section 18.780.130 h ll not be x eede n area limi increase 3.I Iei ht limits. The maxima h i h -limi for ll si ns ex t wall sin hall e 1 et. Wall signs sha n n above he roof line of the ll o which the si ns is locate No hei h increase will be ertanil. 4. i n location. Freestanding ins ithin the Durham Qug= h ll not be ernnitt Within Lh requited L-1 landscape areas. Fin ing This amendment is proposed because the Durham Quaxry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the >~ode Sections. Chapter .705 A , AND C C L'1' N 18.705.030 General Provisions L. Director's authority to restrict access. The Director has the authority to restrict access when the geed to do so is dictated by one or Moro of the follarving conditions: 4. A decision by the Director per 18.705.030 K L 1.-3. above may be appealed ly means of a Type ll firocedmre, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord 0G 20, Orel 02-33) Find is . Scrivener's.error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code sections. f apter 18.710 ACCESSORY RESIDENTIAL U I S 15.710.020 Standards B. Limitations. An accessory residential unit is permitted providing there is comp ance with all of the folloaving standards: 3. The number o residents erme.Med to inhabit the accessory reszdentzal unit is regulated by the 0&44 '29 Mate Building Code; Finding: The "Undorm Building Code (UBC)" has been, updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 8.715 DENSITY MPU NS 75.715.020 Densiy Calculation A. Definition of net devdopment ana. Net develo~sraerct arra, in acres, shall be determined b subtraeting the folloujang land ana(r) from the gross acres, which is all of the land included in the legal description of the propery to be developed 3. All land dedicated forpublic rights- f way. When actual informatxon.is not available, the followingformulas way be used: b.Multi family develapanent, allocate 15% ofgross acreage at deduct the actual a vate drive arm. Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted as a private street in lieu of using 15%. DCA2009-00003 7/6/2009 Public Bearing Staff Report to Planning Commission PAG2, 22 OF 27 Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better ni n lements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 98.765.070 Minimum and Maximum Of-Street parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 9. The Director may reduce off street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type 11 procedure, as governed by Section 98.390.040, using approval criteria contained in Section ' °4' 44-LS .370.020. C. 7. b. Applicants who qual~ for this adjustment may also apply for further parking reductions per 18.765.070.E 2. below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type 11 procedure, as governed by Section 98.390.040, using approval criteria contained in Section 4:~-3~.020-tea 18.370.020. C. 7. a. 3. The Director is authorled to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type 1 procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18. E"'~.G e 18.370.020.C.7.e. Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses: Permitted, „prohibited, and Nonconforming E. Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 900 year floodplain, drainage way, slopes that are 25% or greater, and unstable ground shall be obtained fmm the appropriate community development division for the following.' a. The City Engineer shall review the installation of public support facilities by means of a Type 1 procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Finchn : This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 9-1 NS 98.780.015 Definitions A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.910, Definitions, and are as follows: 8. `Billboard" means a freestanding sign in excess of the maximum side allowed, with adjustments, in the locations where it is located or proposed to be located. Billboards acre prohibited b Tigard Code Section 18.780.070.M: Certain Signs Probibited. Findn : The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist In ormation Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 98.780.020 Permits Required C. Compliance with State Buildin Code. Separate structural permits under the Cie State DCA2009-00003 7/6/2€309 Pubk Hearing Staff Report to Planning Commission PAGE 25 OF 27 C apter- 18.764 -CONFOR INdF A N 18.760.040 Criteria for Nonconforming Situations D. Nonconf&ming use of structures 2. Y a single structure or a structure and premises containing a number of lawful uses (erupt for a single accessoty structure) existed as of .Match 16, 1983, and those uses would not be allowed in the honing dirtrut in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other defideny (under the terms of this .S`eetian or amendment thereto), the lawful uses may be condmed so long as they remain otherwise laavAl, subject to the folloaving pmvasiortsr e When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformity with all regulations of the toning district in which it is located. ,Aellesvistg-ever,: 1 There axe no events listed in the Code, reference to events is removed, Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among; the Code Sections. Chapter 1 .7Gb C3 FF-STREETPARKING-AN .Al NG U M T Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont) mlz;;;i.~• ~5f:•.~,:,,~. M~ y~. c~ki;~. r. • ''3 t ~C+J r g a''~" 'e i ~ : rA ~ .~YS+i'%4;,t~:,',n2'. is r 'fi.•F_~z.,j?'::. tl~`=~ `~f5•1~t, ; .o-'s,5}} i, :d,~ sr= r1~~aW'S>5~a't.4~'-aK r °.6; ' v e <ry)r ~.wie.; z[; ;Fit r:• 'i~?' _ ;I;;;,:',~:,f;,: ,a~ t•: °ii'`` r a. i 9 ~ry,T.,e~ ~r" f. S ' f 7 Motor Vehicle Related Motor Vehicle 1,0/1000 but no 1.3/1,0 0 but no 2.0 1,000 76 ut zao 0.2 1,000 sales area Sales/Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000 but no 0,27F,000 Servicin R air less than 4.0 less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0 service bay 4,0+2.0 service bay 4.0+2.5 savice bay 0.2/1,000 Office 2.7/1,-000 3.4/1,000 4.1/1,000 0.5./1,000 ~edie / Dental 3.9/1,000 4.9/1,000 5.9/1,000 } 0.4/1,000 Self-service 1.674 storage units 1.0/4 storage units 1.0-/2 storage units 1.0/40 storage units Story e Non-Accessory none none none none Parl F-~-. The Medical/'Dental office use was omitted in the original code. This clarifies use standards. 18.765.030 General Provr'sions G. r~7isabled-aecessibk paring dl parl~ing areas all be provided with the required number of parrying spaces for disabled persons as specified by the-e~isg-Dade-State Buildi:tt Code and f deral stm7dards. Such parking spaces shall be sided, signed and marked as mquimd by these regulations Fes: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better xtuplements` the. City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lame by means of a aeustment to be reviewed through a hype Z procedure, asgoverned by Section 388 $,390.0 ft using approval criteria contained in Section 1 Q ^.0 0. G;Ft 18,370.020.C.7.. I)CA2009-00003 7/6/2009 Public Ilcnring Staff Report to Planning Commission PAGE 24 OF 27 18.715.030 Residential Density Transfer B. Underlying development standards..All densi y transfer development proposals shall comply with the development standards of the applicable underling Zoning district unless developed under the provisions of Section 18-446 18.350, Planned Development. (Orr 46 24)■ Fin Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to .Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way, private drive or easement is 1-112 stories or 25 feet, whichever is less, except that the maximum height may be 2-112 stories or 35 feet, whichever is less, provided: a. The proposed dwelling otherwise complies with the applicable dimensional and hei ht requirements of the honing district; Fib This section describes 2 and 1 /2 stories or 35 feet, but the limit in the code in R-1, R-2, R-3.5 and R-4.5 zones is 30 feet. This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 HOME OCCUPATIONS 98.742.040 GeneralA royal Criteria and Standards A. General criteria. All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type S and Type I£ Uses described in Section 98.742.050 of this Section. Go, State Building Code use 5. A home occupation shall not make necessary a change in the classification of a dwelling unit. Any accessory building that is used must meet eruild~nede State Builcli Code requirements; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this p,proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.E. Screening: special prouasions 3. Screening of swimming pools. All swimming pools shall be enclosed as required by State Building Code; Findun : The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Tres G. Granting of adfustments. Adjustments to the street tree requirements may be ranted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section -41¢ 18.370.020.C.6.b. Findin sue: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by proinoti g consistency among the Code Sections. DCA2009-00003 7/6/2009 Public E caring Staff Report to Planning Commission PAGE 23 O 27 Building Code shall also apply. Fn'idins; The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better Jmplernents the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Ptobibited B. Uns s o o erl entwine sign-s. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected acrd maintained as to be able to wahstand the wind, seismic and other requirements as specified in the Vf#m i~de-State Building Code or this title, Fiadiung: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 28.780.140 Sign Code Adjustments A. Adjustments. The Director may grant an acliustment to the requirements of this Section by means of a Type I or Type it procedure, as 1 - 70 9 -31 - 74 n~n_ r._ r_. 1 3 ,0211 L.8.. governed by Section 18.390, using approval criteria en Section 1 Fin ' : Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better impletn.ents the City's Comprehensive Flan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations L. 1v the CN and GC hones. No sign shall be permitted in the C-N and G C-C hones except for the followinS.- Findinng: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better ~7.ple,ments the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780, 015 D f nitionsc A. Definitions. As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in adefidon to Section 18.910, Definitions, and are as follows: . `Bench sign" ; me n a bench ciresi rle afitxed nn th srxrface. to seat pe le with a si alnt or Finding This amendixient effectively removes any reference to content of the si n. Content is not permitted to be regulated by federal law. This amendment addresses the City Attorneys concern provided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.E 8 1111111 DES NI .ATION FACILITIES .101 1 18.798.060..8. review criteria. Any use subject to review er Section A above, shall be ersaluated using the following standards. 3. Setbacks. Towers shall he set back from the property line by a distance equal to the height of the tower: A Type 1'I adjustment may he obtained to reduce this setback, subject to criteria of approval contained in Section 18.37'0.020.C.kin _Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting; consistency among the Code Sections. DCA2004-00003 7/6/2009 Public Timing Staff ltepGrt to Planning Commission PAGE 26 OF 27 SECTION VL OTHER. ALTERNATI S These amendments are not subjective, do not affect standards or lend themselves to interpretation or alternatives. The only two options are to adopt the propose language or leave the code to remain. No Action The code would remain, unchanged, and code sections would refer to incorrect sections and documents, tables would be incomplete and inaccurate language would remain. Adoption Action - Update the code to reflect accurate citations, references and complete tables. SECTION 11. DITI AL CITY T.ElFF UTSIDE A E COMMENTS The City of Tigard Police Department, Building Division, Lon Range Planning Division and the Current Planning Code Enforcement Officer were given copies oNe proposed code amendment. Only Current Planning responded and the comments have been considered. Staff commented on non-substantive items to maintain code consistency and syntax. Public Works Assistant Director commented that possibly the " Tublic Support Facility" definition should include pump stations. it's not necessary because this item is covered in the Gass for Basic Utilities. The City of Tigard Engineering Department, Tualatin Valley Fire and Rescue, Clean Water Services (CWS), Tualatin Hills park and Recreation District, and the Tualatin Valley Water District, were notified of the proposed atrnendment and had no comment. Adjacent municipalities including the City o£ Beaverton, Tualatin, Portland, Lake Oswego, King City, Durham and Washington County were notified of the proposed amendment and had no comment. Metro and TA-Met were notified of the proposed amendment and had no comment. State Agencies including: the Oregon Department of Transportation was notified of the proposed amendment and had. no comment. The Oregon Department of Land Conservation and Development (DLCD) was notified of the proposed amendment. Amanda Punton of DLCD commented about two proposed amendments to Section (8.775 Sensitive Larids. The comment was centered around natural resource issues and Statewide Land Use Goal 5. The code revisions include the addition of "construction of streets and utilities within existing right-of-way or expanded tights of way to City standardsas allowed activity in locally significant wetlands and riparian areas. According to Amanda, there would need to be Goal 5 firndings to support this change as the epectat tarn for allowed activities in wetlands and riparian areas differ under Goal S. 'this aixiendnrnernt was deemed to be substantive and not appropriate to the Dmnibus Package and was removed for further consideration. DLCD had no other comments. l Ma 26 200 PREEPARED. Markus d DATE Long Range Planning Intern " - 29, 2D09 9 ~ M May APPROVED BY, Diclr Bewersdorf DATE Planning Manager DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 27 OF 27 ATTACHMENT 3 DIRECTOWS INTERPRETATION DA'Z'E: ,duly 3, 2006 CODE SEC"i'.IONS:18.120 Definitions 18.510.060 Residential Zones Accessory Structures TOPIC: What is the distinction between an Addition and an Accessory Structure? TA ON: DIRECIORS--I-NIE I. Introduction: "Accessory buildings or structures," are pemnitted in all zones in Tigard. They are defined in TDC 18.120 as' "a freestanding structure incidental and subordinate to the main use of property and located on the same lot as the main use." An issue has arisen over structures that have been permitted to be built in residential zones without being subject to the limits of 18.510.060.A.1. Building permits were approved for these structures due to the ambiguity of what constitutes an "accessory structure" and what constitutes an 'addition." These terms need to be clarified. II. Interpretation: A structure is considered an "Accessory Structure" and not an. "Addition," when it is "freestanding." A structure is freestanding when it is structurally separated from the primary or any existing structure and not attached to the primary or any existing structure. Structures that are connected by breezeways, features made of lattice, archways, trellises, or other similar architectural features shall not be considered attached, but be treated as Accessory Structures. Astructure is considered attached, and therefore an "addition," only when it is structurally dependent on the prirnwrystructure, Signed: i Tom Coffee Community Development Director k ATTACHMENT 4 CITE'' OF TIGARD PLANNING COMMISSION Meeting Minutes June 1, 2009 1. CALL TO ORDER President Inman called the meeting to order at 7:00 PM. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Vice President Walsh; Commissioners Anderson, Doherty, Fishel, Hasrman, and Muldoon Cm maissioners -Ahamti Commissioner Caffall, Vermilyea, and alternate Commissioner Gaschke entt Dick Bewersdorff, Planning Manager; Hap Watkins, Assistant Planner; Darren Wyss, Senior Plannet, Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS ---Atone. 4. CONSIDER MEETING MINUTES 5-18-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes. There was one amendment by Commissioner Doherty. The amendment was that Ron Bunch, Community Development Director, was marked as present but was not present. All agreed to the amendment and President Inman declared the minutes approved as amended. 5. WORK SHOPS 5.1 Buildable Lands Presentation/Discussion STAFF REPORT Senior Planner, Darren. Wyss, presented the staff report on behalf of the City. He went through a PowerPoint presentation which was a buildable lauds report and land use trends analysis (Exhibit A). He noted that staff has more data to analyze and will publish a final report when finished. He then opened up the discussion to questions or suggestions for potential additional data to include in the final report that would be useful to Council. QUESTIONS & COMMENTS BY COMMISSIONERS Commissioner Doherty: What are the reasons for `loss of land'? Wyss: "Primarily due to development within the city." PLANNING C;GMMMSTON MI?,&ING MINUT08--June 1, 2009 - Page 1 of 2 f President Inman: We have lots of `buildable land' that's already subdivided. The development, has occuxred, it's just a vacant lot at the moment, As far as the Planning Commission is concerned, we're more interested in what the new development might be. Wyss: "I can pull the numbers out of vacant parcels 10,000 sq ft or less. I can pull those numbers out, subtract the acreage, and report back to you on that," 5,2 DCA2009-00003 Omnibus Code Amendment Housekeeping Items STAFF REPORT Dick Bewersdorff, Planning Manager, introduced Assistant Planner, Hap Watkins. He said Watkins would give P. brief overview. Watkins gave the report on behalf of the City. He went over a memo by forrner intern., Markus Mead. The memo included the amendment language (which had been included in the coma-dssioner's packets). He said, over the years, staff has collected any number of scrivener's errors and erroneous references -150 or so. At this point, staff gent over each section and gave the general reason for the changes. QUESTIONS & COMMENTS BY COMMISSIONERS This is regarding Section 18.730, "exceptions to Development Standards" - regarding the building height limitations. It's a change for 2'/2 stories from 35 to 30 feet. Can you really do a 2 1/z story house in 30 feet tall? Does the "2 t/2 stories" [verbiage] need to,be there, or can'you just eliminate the stories because unless you bury... Bewersdorf£ and Watkins explained how 21/2 stories is actually possible in 30 feet, but said it probably isn't required language ranyrnore. They could eliminate it. At this point, they went over some of the definitions. G. OTHER BUSINESS - It was noted the joint City Council/Planning Commission Meeting on June 16th; would be in lieu of the June 154, PC meeting. 7, ADJOURNMENT President Inman adjourned the meeting at 7:45 p.m. Doreen Laughlin, Planning Co scion Secretary AT°I`E91': President Jodlie Inman I'LRNNING COMMISSION MREMNG MINUM38 - June 9, 2009 Page 2 of 2 Attachment 5 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes July 6, 2009 1. CALL TO ORDER President Inman called the meeting to order at 7:03 p.m The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Vice President Walsh; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, and Vermilyea o 's ion s Absent: Alternate Commissioner Gaschke St f~.,.f Present: Dick Beweresdorff, Planning Manager; Hap Watkins, Assistant Planner; Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS Tree Board report from Commissioner Walsh. Walsh reported the board is working on the Urban. Forestry Master Plan (UFMP). He said John [Floyd] and Todd [Prager] will be getting back to them so they can give some feedback. 4. CONSIDER MEETING MINUTES 6-1-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes; there were none, and President Inman declared the minutes approved as amended. 5. PUBLIC HEARING [Judicial] 5.1 Omnibus Code Amendment - Housekeeping Items DCA2009-00003 The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. PUBLIC HEARING OPENED Hap Watkins, Assistant Planner, presented the staff report on behalf of the City. [Staff reports are available for public review at the City one week prior to public hearings] Watkins said this staff report covers scriveners errors, erroneous references, incorrect tables, legal issues as to what is allowed in commercial zones, an inclusion of Type I action for minor modification in the conditional use which wasn't there before; basically a collection of things needing to be changed. 'Dick Bewersdorff gave some more background as to how PLANNING COMMISSION M1MUNG MINUTES -July G, 2009 Page 1 of 3 this came about. He noted most are minor corrections - not terribly significant. He then asked if there were any questions. QUESTIONS BY COMMISSIONERS None. PUBLIC TESTIMONY IN FAVOR - John. Frewing 7110 SW Lola Lane, Tigard spoke. He said he was in support of the changes in large part, and has several additions that he'd like to be considered. Dick Bewersdorff asked that. Frewing email those additions to staff so they can be considered in future "housekeeping"items. Frewing said he would email there to Bewersdorff. Frewing made a comment with regard to page 8 of 27 of the staff report. He questioned the wording "minor structures." There was some discussion as to what constitutes "minor structures". Frewing said the substantive issue he had was the fact that the word "roadway" was in there. He believed that raised the level to more than "minor". The commissioners decided to change the wording and leave the word "roadway" out. Thus, "Public support facilities" #117 will read "Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of teay improvements including sidewalks," etc. PUBLIC TESTIMONY IN OPPOSITION - No one signed up to speak in opposition and no other members of the public were present. QUESTIONS OF STAFF: Is there some sort of a rating on ghat a minor power line is and what isn't? ..too. So is that just an interpretation - and who would interpret? The City Engineerprimarily. This is ony regardingfacilih'es that are supportive of apermitted development. Major power lines would not fall under this definition. PUBLIC HEARING CLOSED DELIBERATIONS /MOTION President Inman noted the only change they'd decided on was page 8 of 27 of the staff report under "Public Support Facilities" where they decided upon the removal of the word "roadway." The following motion was made by Commissioner Caffall, seconded by Commissioner Verrrdlyea to recommend approval of the Development Code Amendment DCA2009--00003 including the amendment just approved; the removal of the one word ["roadway']. The emotion passed unanimously on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, Commissioner Veimilyea and Commissioner Walsh (9) NAYS: None (0) PLANNING COMMISSION M131', PING MINUTJ:+S -,July G, 2001- Page 2 of 3 ABSTAINERS: None (0) ABSENT: None (0) d. OTHER BUSINESS None. 7. ADJOURNMENT President Inman adjourned the meeting at 7:28 p.m. a Doreen Laughlin, Planning Corms ' Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES -July G, 2009 - Page 5 of 3 1 f 9 Jl Ji. (D/-%TE- OF MEETING) } AMENDMENTS BY TYPE OMMSUS CODE CHANCES p AMENDED DEFINITIONS-4 LEGISLATIVE UPDATE • Amended to clartfv the application of a definition and/or tobein oonrwI with other related definitions. (Exhibit ,A„ pg1, "Accessory building" DCA2009-00003 and Addjtion") a NEW DF1FIN1`11ONS- 2 ■ Both terms are used in the code but not defined. September 8, 2009 (Exhibit "A" pg 1, "Common Wall" and "Public support facilities"} THE AMENDMENTS AMENDMENTS BY TYPE w Increase code consistency and uniformity Improve the code's usability and clarity D REFERENCE ERROR -11 Promote ease in use by staff and the public ' imUptt e t references to an (Exhibit "A"` ibit will pr o~~v~~ the code's usability. (E pg 2) Provide updated language p SC,]VrNT'P'S ERROR - 6 Conform to relevant legislation .These ara~ sn,piy hurn;zn error Pn t~'oi❑g or placeme~if of dota. (Exhibit"A" pg lil) Are recommended by the Planning El UNIFORM ilY 8 Commission and stiff to be adopted by • All refer onces to "Uniform Building Code" or ordinance to amend TMC Title 18. "International Building Code" are changed to "State Building; Code", (Exhibit "A" pg. 11 & 12) 49 AMENDMENTS BY TYPE AMENDMENTS BY TYPE Ei AMENDED DEFINITION 4 El UPDATE 8 . Uptt it items ore .a result of legislation or correcting C] I`1EW DEFINITION 2 CUM.,, o; ow I::..Ion. (Exhibit "A" pg 12) ED REFERENCE ERROR . 11 p CLARTFIC. ATION -10 El SCRIVENER'S ERROR 6 Where facts were inferred or simply not stated clearly, new language will eliminate confusion or 0 UNIFORMITY 8 misapplication of the code. (Exhibit "A„ pg. 15) t7 UPDATE o CLARIFICATION TO a 1 Agenda Item 7 -City-wide Sewer Extension Program -has been rescheduled to the November 10, 2009 Council Meeting Agenda. Item # Meeting Date September 8 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Ordinance making chant es to the City's Gas Tax to bring it into co=fiance with than es made to the State Gas Tax. Prepared By: Debbie Smith-Wa r Dept Head Approval: 7 City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council make changes to the City's gas tax? STAFF RECOMMENDATION No recommendation KEY FACTS AND INFORMATION SUMMARY During the 2009 legislative session, the Oregon Legislature voted to increase the State gas tax by 6 cents per gallon. The legislation included a provision that prohibits local governments from implementing or changing a gas tax once the legislation takes effect, which is September 28, 2009. Tigard Municipal Code section 3.65.040 B has a provision requiring the City to decrease its gas tax if the State increases the State gas tax. In addition, sections 3.65.030 and 3.65.270 require the gas tax to sunset once a certain level of revenue has been reached. The proposed ordinance would remove the gas tax offset and the provision requiring a sunset of the tax, and would add a requirement that the Tigard Transportation Advisory Committee would designate future projects to be funded using gas tax proceeds. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Not Applicable ATTACHMENT LIST Ordinance FISCAL NOTES If no changes are made to the existing city gas tax ordinance then it will not be consistent with State law. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 3.65.040.B, REMOVING A CRITERION WHICH REQUIRES THE CITY TO AMEND THE LOCAL MOTOR VEHICLE FUEL TAX TO OFFSET LEGISLATIVE CHANGES TO THE STATE OR COUNTY MOTOR VEHICLE FUEL TAX, AND AMENDING SECTIONS 3.65.030 AND 3.65.270.2, REMOVING A CRITERION WHICH REQUIRES THE AUTOMATIC SUNSET OF THE LOCAL MOTOR VEHICLE FUEL TAX AND, ADDING SECTION 3.65.270.3, REQUIRING THAT FUTURE ALLOCATION OF CITY MOTOR VEHICLE FUEL TAX REVENUE BE DETERMINED BY THE TRANSPORTATION ADVISORY COMMITTEE, AND DECLARING AN EMERGENCY. WHEREAS, On July 29, 2009, the Governor signed HB 2001, as adopted during the 2009 Regular Session of the Oregon State Legislature; and WHEREAS, HB 2001 becomes effective on September 28, 2009; and WHEREAS, upon its effective date, HB 2001 prohibits, until January 1, 2014, the amendment of any local ordinance which taxes motor vehicle fuel; and WHEREAS, Section 3.65.040.b of the Tigard Municipal Code requires the City to amend its motor vehicle fuel tax ordinance in response to legislative enactments of the State or County, and is thereby found to be in conflict with HB 2001; and WHEREAS, Ordinance No. 06-21 and Ordinance No. 08-20, enacting and amending the City of Tigard Motor Vehicle Fuel Tax Ordinance, were passed with the purpose of ensuring that the City be able to raise funds necessary for improvements of the Greenburg Road/ Highway 991 Main Street intersection and allow the City Council to reinstate the motor vehicle fuel tax to finance critical transportation and intersection improvements in Tigard; and WHEREAS, HB 2001 jeopardizes that ability and authority of City to readily meet the intended purpose of the Tigard motor vehicle fuel tax; and WHEREAS, the Tigard City Council, at its public meeting of August 18, 2009, has determined the need to amend the Tigard Municipal Code in order to be consistent with State of Oregon current law and the purpose of the City of Tigard Motor Vehicle Fuel Tax Ordinance. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 3.65.040.b of the Tigard Municipal Code is amended to read as follows: b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. Page 1 - ORDINANCE NO. 09-_ 50014-36791 Gres Tax Ord rdooxW1812812009 SECTION 2: Section 3.65.030 of the Tigard Municipal Code is amended to read as follows: A motor vehicle fuel tax is hereby imposed on every dealer. The tax imposed shall be paid to the tax administrator. The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection and administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010 to 319.430. SECTION 3: Section 3.65.270.2 of the Tigard Municipal Code is amended to read as follows: 2. The net revenue shall be used only for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets within the city. The net revenue shall be used exclusively for improvements to the Greenburg Road/Highway 99/Main Street intersection until such improvements are fully funded. SECTION 4: Section 3.65.270.3 is added to the Tigard Municipal Code to read as follows: 3. The Tigard Transportation Advisory Committee shall create and maintain a project list, which designates in order of priority, the projects for which net revenue shall be used subsequent to sufficient funds being collected to fully finance and pay for the Greenburg Road/Highway 99/Main Street intersection improvements. If, at anytime, the Transportation Advisory Committee has not designated a project for funding, all funds collected pursuant to this Chapter shall be maintained in the Tigard City Gas Tax Fund until such time as the Transportation Advisory Committee designates a priority project for the use of such funds. SECTION 5: Because this ordinance amends the current Tigard motor vehicle fuel tax ordinance as is prohibited by HB 2001 after its effective date of September 28, 2009, an emergency is declared to exist and this ordinance shall be in full force and effect immediately upon passage by the Council. PASSED: By vote of all Council Members present after being read by number and title only, this day of , 2009. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2009. Craig Dirksen, Mayor Approved as to form: City Attorney Date Page 2 - ORDINANCE NO. 09- 50014-36794 Gas Tax Ord P. doe.W1812812009