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Ordinance No. 12-09 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 12- Ur' AN ORDINANCE TO ADOPT DEVELOPMENT CODE AMENDMENT DCA 2011-00002) TO AMEND CHAP'T'ERS 18.115, 18.120, 18.310, 18.350, 18.360, 18.370, 18.390, 18.610, 18.620, 18.630, 18.640, 18.715,18.745,18.775, 18.790 AND 18.798 OF THE COMMUN=DEVELOPMENT CODE AS AMENDED BY THE TIGARD CITY COUNCIL ON NOVEMBER 27,2012. SEE EXHIBIT B ATTACHED. WHEREAS, on June 3, 2008 the Tigard City Council adopted an Urban Forest section as part of the Comprehensive Plan in order to establish broad goals and policies to guide the long-term management and enhancement of the urban forest;and WHEREAS, on August 10, 2010 the Tigard City Council readopted the Urban Forest section as part of the Comprehensive Plan in order to provide more detailed findings to further support and explain the rationale for the city's urban forestry goals and policies;and WHEREAS, Policy 2.2.1 of the Tigard Comprehensive Plan requires the city to periodically update policies, regulations and standards regarding the city's urban forestry program;and WHEREAS, Policy 2.2.11 of the Tigard Comprehensive Plan requires the city to develop and implement a citywide Urban Forestry Master Plan to guide the update of the city's urban forestry program;and WHEREAS, on November 10,2009,the Tigard City Council adopted Resolution 09-69 accepting the City of Tigard's Urban Forestry Master Plan;and WHEREAS, the accepted Urban Forestry Master Plan analyzed the past and present conditions of Tigard's Urban Forest, was developed through a public process, and sets forth a course of action for Tigard's urban forestry program through 2016;and WHEREAS, the Urban Forestry Master Plan recommendations include updates to the city's urban forestry standards for development such as tree planting, preservation and removal requirements in Title 18, and the development of flexible and incentive based land use regulations in Title 18 for significant tree grove preservation,which require CPA2011-00004 to be adopted;and WHEREAS, on February 16, 2010, the Tigard City Council directed staff to implement the Community Development Code related recommendations in the Urban Forestry Master Plan which include updates to the city's urban forestry standards for development such as tree planting,preservation and removal requirements in Title 18,and the development of flexible and incentive based land use regulations in Title 18 for significant tree grove preservation;and WHEREAS,a public involvement plan was adopted by the city's Committee for Citizen Involvement in 2010 and implemented during the course of the Urban Forestry Code Revisions project to guide city staff and decision makers;and WHEREAS, a council appointed Citizen Advisory Committee charged with advising project staff during the Urban Forestry Code Revisions project met 11 times between June 2010 and September 2011;and ORDINANCE No. 12- d R j Page 1 of 4 l� WHEREAS, the Citizen Advisory Committee reached consensus on the flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.D through a set of "tree grove preservation incentives guiding principles";and WHEREAS, the Citizen Advisory Committee reached consensus on the other land use regulations in Title 18 that support general urban forest enhancement activities such as tree planting and preservation when not associated with significant tree groves through a set of "urban forestry standards for development guiding principles";and WHEREAS, a Technical Advisory Committee comprised of city staff and agency representatives was concurrently convened to advise project staff on technical aspects during the Urban Forestry Code Revisions project met 14 times between June 2010 and November 2011;and WHEREAS, the Technical Advisory Committee reached consensus on the technical feasibility of the flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.D;and WHEREAS,the Technical Advisory Committee reached consensus on the technical feasibility of the other land use regulations in Title 18 that support general urban forest enhancement activities such as tree planting and preservation when not associated with significant tree groves;and WHEREAS, the development of land use regulations in Title 18 that support general urban forest enhancement activities such as tree planting and preservation when not associated with significant tree groves,is not required to comply with Statewide Planning Goal 5 Rule requirements because these activities do not create or amend a resource list or land use regulation adopted in order to protect a Goal 5 resource;and WHEREAS, the process for adopting land use regulations for the preservation of natural resources,including the flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.D,must comply with Statewide Planning Goal 5 Rule requirements;and WHEREAS, project staff and consultants drafted flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.D including allowed reduction in minimum density, density transfer, increased building height, reduced setbacks,adjustments to Urban Forestry Plan requirements and adjustments to street and utility standards to facilitate the preservation of significant tree groves as part of the land development process;and WHEREAS, project staff drafted other land use regulations in Title 18 that support general urban forest enhancement activities such as tree planting and preservation when not associated with significant tree groves, the main purpose of which are to create equitable,achievable and scientifically sound requirements for all major developments to plant or preserve a certain amount of tree canopy to support citywide tree canopy cover goals recommended in the Urban Forestry Master Plan as part of the land development process;and WHEREAS,on January 13, 2012,prior to the legislative adoption phase of the Urban Forestry Code Revisions project, 14,225 public hearing notices were sent to all Tigard property owners consistent with Measure 56 requirements as further described in the findings of the staff report beginning on page 419 of Urban Forestry Code Revisions Volume II;and WHEREAS,project staff and consultants held a citywide open house on December 8,2011;and WHEREAS, the public response at the citywide open house on December 8, 2011 and after the Measure 56 notices were sent on January 13, 2012, was generally supportive of the flexible and incentive based land use ORDINANCE No. 12- 0 Ci Page 2of4 regulations for tree grove preservation in Section 18.790.050.D and the other land use regulations in Title 18 that support general urban forest enhancement activities such as tree planting and preservation when not associated with significant tree groves;and WHEREAS, the Tigard Planning Commission reviewed at one workshop and four public hearings between January 2012 and May 2012 the flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.D and the other land use regulations in Title 18 that support general urban forest enhancement activities such as tree planting and preservation when not associated with significant tree groves; and WHEREAS, the Tigard Planning Commission supported the amendment of land use regulations in Title 18; and WHEREAS, the Tigard Planning Commission recommended four non substantive text amendments for correction and clarification purposes;and WHEREAS, the Tigard Planning Commission recommended three substantive text amendments to increase flexibility in meeting Title 18 requirements which include lowering the per lot minimum tree canopy requirement in lower density residential districts, eliminating the per lot minimum tree canopy requirement in higher density residential and non residential districts and allowing landscape architects,in addition to arborists, to develop urban forestry plans;and WHEREAS,on May 7,2012 the Tigard Planning Commission made a unanimous recommendation to the City Council for approval of DCA 2011-00002 as amended by motion and unanimous vote;and WHEREAS, as described in the findings of the staff report beginning on page 419 of Urban Forestry Code Revisions Volume II, the Planning Commission found the city complied with Statewide Planning Goal 5 Rule requirements throughout the development of flexible and incentive based land use regulations for tree grove preservation in Section 18.790.050.13, and complied with all applicable land use planning requirements when developing land use regulations in Title 18 that support general urban forest enhancement activities such as tree planting and preservation when not associated with significant tree groves;and WHEREAS, on the following dates in 2012:July 24,August 14, September 11, October 23, November 13, and November 27, the Tigard City Council held a public hearing to consider the Commission's recommendation on DCA 2011-00002;and WHEREAS, Tigard City Council finds it necessary to delay implementation of the Urban Forestry Code Revisions,which include DCA 2011-00002, until March 1,2013,to ensure an orderly administrative transition to the new urban forestry regulations;and WHEREAS sufficient time is needed for the City Manager to administratively adopt the Urban Forestry Manual pursuant to Chapter 2.04.050-070 (Administrative Rulemaking) and Section 8.02.030 (Administrative Rules - Urban Forestry Manual) prior to the adoption of Title 18 amendments which require the Urban Forestry Manual for implementation. WHEREAS,Council's decision to adopt DCA 2011-00002 is based on the findings and conclusions found in the City of Tigard staff report dated November 20, 2012, and the associated record, which are incorporated herein by reference and are contained in land-use file DCA 2011-00002. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 12- Page 3 of 4 SECTION 1: Tigard Development Code(Title 18) is amended to include new text and to rescind existing text as shown in "EXHIBIT A — on odd numbered pages 5 through 183 of Urban Forestry Code Revisions Volume II ". SECTION 2: This ordinance shall be effective March 1,2013. SECTION 3: Council adopts the findings recommended by the Planning Commission as described in the findings of the staff report dated November 20,2012. SECTION 4: Council further adopts the commentary in Exhibit A (on even numbered pages 4 through 182) as additional legislative intent for the corresponding code amendments. PASSED: B M vote of Council members present after being read by number and title only,this t'o`day o ,2012. at4�-� Catherine Wheatley,City Recorder -tlLl APPROVED: By Tigard City Council this day 2. Craig Dirksen,Mayor Approved as to form: City Attorney", ///-27 1Z. Date �I ORDINANCE No. 12-0q M Page 4of4 Exhibit A- Ordinance No. 12-09 Community Development Code —Planning Commission Recommendation How to Read This Section This section is organized by Community Development Code chapter number. Odd-numbered pages show the existing language with (proposed/recommended/adopted) amendments. Text that is (proposed/recommended) to be added to the code is shown with double underlines. Text that is (proposed/recommended) to be deleted is shown with strikethrough. Even-numbered pages contain commentary on the amendments,which establish,in part,the legislative intent in adopting these amendments. Staff recommends focusing on the commentary to gain a better understanding of the purpose of the code amendments. The Urban Forestry Manual consists of administrative rules that implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal Code. Section 8.02.040 of the Tigard Municipal Code enables administrative rulemaking for the Urban Forestry Manual. The city manager is authorized to adopt and amend the Urban Forestry Manual according to the procedures in Chapter 2.04 after council adoption of Section 8.02.040.The Urban Forestry Manual is referenced as if it has already been adopted in order to demonstrate how it relates to the code. Table of Code Sections Chapter(18.115)List of Terms..........................................................................................................3 Chapter18.120 Definitions..............................................................................................................17 Chapter 18.310 Summary of Land Use Permits........................................................................29 Chapter 18.330 Conditional Use....................................................................................................39 Chapter 18.350 Planned Developments.......................................................................................47 Chapter 18.360 Site Development Review..................................................................................53 Chapter 18.370 Variances and Adjustments...............................................................................57 Chapter 18.390 Decision-Making Procedures............................................................................61 Chapter 18.530 Industrial Zoning..................................................................................................69 Chapter 18.610 Tigard Downtown District Development and Design Standards.........71 Chapter 18.620 Tigard Triangle Design Standards...................................................................77 Chapter 18.630 Washington Square Regional Center Design Standards...........................89 Chapter 18.640 Durham Quarry Design Standards.................................................................95 Chapter 18.715 Density Computations......................................................................................101 Chapter 18.745 Landscaping and Screening.............................................................................103 Chapter 18.775 Sensitive Lands....................................................................................................125 Chapter 18.790 Urban Forestry Plan..........................................................................................131 Chapter 18.798 Wireless Communication Facilities...............................................................175 I City of Tigard Urban Forestry Code Revisions I Volume II 15 Commentary 18.115 List of Terms Chapter 18.115 (List of Terms) is a newly codified chapter of the Tigard Development Code (TDC) that is provided for easy reference of defined terms in Chapter 18.120 (Definitions). New,revised and consolidated tree/urban forestry related definitions in Chapter 18.120 are listed in Chapter 18.115. 2 City of Tigard Urban Forestry Code Revisions I Volume II 16 Code Amendments Chapter (18.115) List of Terms The following terms are defined in Chapter 18.120,Definitions,unless indicated otherwise. Abandoned Sign See Chapter Alternative Access Bap See Design-Related 18.780, Signs Amendment Definitions Abut Amenity Belt Course See Design- Abutting Lots Americans with Disabilities Related Definitions Accept Act Bench Sign See Chapter Access Annexation 18.780, Signs Accessory Building Antenna See also Chapter Berm Accessory Dwelling Unit See 18.798, Wireless Bike Lane Dwelling-Related Definitions Communication Facilities Bikeway Accessory Structure Apartment See Dwelling- Billboard See Chapter 18.780, Acre Related Definitions Signs Active Use Facilities See Appeal Buildable Area Open Space Fad,60-Related Applicant Building Definitions Application Building Envelope Addition Approval Authority Building,Primary Adjacent Lots See Abmnin Approved Plan Building Height Lots Arcade See Design-Related Building Official;See also Adjoining Lots See Abutting Definitions Chapter 18.780, Signs Lots Archaeological Site Building Permit Administrative Action Area See Chapter 18.780, Business See Chapter 18.780, Adult Bookstore See Adult Signs Signs Entertainment-Related Argument See Section Caliper See Tree Related Definitions 18.390.080, General _ Adult Entertainment- Provisions Canopy See Design-Related Related Definitions Assessed Valuation Definitions • Adult Bookstore Attached Dwelling See Certified Arborist See Tree • Adult Motion Picture Dwelling-Related Definitions gelated Definitions Theater Awning See Design-Related Certified Tree Risk Assessor • Specified Anatomical Definitions See Tree Related Definitions Areas Awning Sign See Chapter • Specified Sexual Activities 18.780, Signs 7,W, Tfff Rowe Balloon See Chapter 18.780, Chamfer See Design-Related Adult Motion Picture Signs Definitions 'Theater See Adult Band See Design-Related Change of Use Entertainment-Related Definitions City Definitions `A'-Frame Sign See Chapter Banner See Chapter 18.780, Signs 18.780, Signs Aisle Base Flood See Flood-Related Alley Definitions Alteration,Structural Basement 3 City of Tigard Urban Forestry Code Revisions I Volume II 7 Commentary 18.115 List of Terms List of terms continued. i f' 4 City of Tigard Urban Forestry Code Revisions Volume 11 18 Code Amendments City Engineer Cultural Institution Development Impact Area City of Tigard Auxiliary Sign See Chapter Development Review See City Recorder 18.780, Signs Chapter 18.780, Signs Collocation See Chapter Cutout See Chapter 18.780, Development Site 18.798, Wireless Communication Facilities Signs Diameter at Breast Height Column See Design-Related Dedication (DBH) See Tree Related Definitions Dedication,Fee In Lieu Of 1 Deed Directional Sign See Chapter Demolish 18.780, Signs P6V" Density Director Commission Density Bonus Display Surface See Chapter Common Wall Density Transfer 18.780, Signs Complete and Entire Complex Design-Related Definitions Drainage Way Comprehensive See • Arcade Dripline See Tree Related Comprehensive Plan-Related • Awning Definitions • Band Drive-Through Facility Comprehensive Plan- • Bay Driveway Related Definitions • Belt Course Duplex See Dwelling-Related • Comprehensive • Canopy Definitions • Generalized • Land • Chamfer Dwelling See Dwelling-Related • Column Definitions • Plan Coordination Conditional Use • Cornice Dwelling-Related Construct See Chapter • Eaves Definitions 18.780, Signs • Entry • Accessory Dwelling Unit Contiguous • Frieze • Apartment Contiguous Lots See • Marquee •Attached Dwelling Abutting Lots • Medallion • Detached Dwelling Corner Lot See Lot-Related • Parapet • Duplex Definitions • Pilaster • Dwelling Corner Side See Yard-Related • String Course • Manufactured Home Definitions • Transom • Multiple-Family Dwelling Cornice See Design-Related • Turret • Single-Family Dwelling Definitions • Visible Transmittance Easement Council Detached Dwelling See Covered Soil VolumeSee Dwelling-Related Definitions Tree Related Definitions Areft Development Development Adjustment pjrfl� See Section 18.370.020, Cul-de-sac Adjustments s City of Tigard Urban Forestry Code Revisions I Volume II 9 Commentary 18.115 List of Terms List of terms continued. 6 City of'I"il and Urban Forestry Code Revisions Volurte 11 10 Code Amendments Eaves See Design-Belated Flashing Sign See Chapter Habitable Floor Area Definitions 18.780, Signs Hazard Tree See Tree Related Effective Date See Section Floodplain See Flood-Related 18.390.080, GeneralDefinitions Hazard Tree Abatement See Provisions Flood-Related Definitions Tree Related Definitions • Base Flood Egress Eg Hazard Tree Owner or Party See Tree Electrical Sign See Chapter • Floodplain Responsible 18.780, Signs • Floodway Related Defini � • Floodway Fringe tions Electronic Information Si Heri age Tree See Tree See Chapter 18.780, Signs Floodway See Flood-Related Related Definitions 14iteardatis Tree See Ghap Enlargement Definitions Entry See Design-Related Floodway Fringe See Flood- 8. ' Definitions Home Occupation Related Definitions Entryway Sign See Chapter Floor Area Homeowners Association 18.780, Signs Floor Area Ratio Household Housing Complex See Evidence See Section Flush Pitched Roof Sign See 18.390.080, General Chapter 18.780, Signs Chapter 18.780, Signs Immediate or Serious Provisions Freestanding Sign See Exception Chapter 18.780, Signs Danger See Chapter 18.780, FAA See Chapter 18.798, Freeway Interchange See Signs Impact Analysis Wireless Communication Chapter 18.780, p Si Facilities gns Impervious Surface Face Freeway-Oriented Sign See Implementing Ordinance Face of a Building See Chapter 18.780, Signs Improved Lot See Lot- Chapter 18.780, Signs Frieze See Design-Related Related Definitions FCC See Chapter 18.798, Definitions Wireless Communication Front See Yard-Related Improvement Facilities Industrial Park See Chapter Definitions ns 18.780, Sig Fence,Sight-Obscuring Frontage See also Chapter Ingress Final Action 18.780, Signs Interior Lot See Lot-Belated Final Decision See Final Front Lot Line See Lot- Action Definitions Related Definitions Land See Co rehensive Plan- Final For Purposes Of Garage Appeal See Section Related Definitions See Land Form Alteration 18.390.080, General Comprehensive Plan-Related Provisions Definitions Final Order See Final Action Glare Findings Guyed Tower See Chapter Flag Lot See Lot-Related 18.798, Wireless Definitions Communication Facilities N City of Tigard Urban Forestry Code Revisions Volume Ir 11 i Commentary 18.115 List of Terms List of terms continued. 8 City of Tigard Urban Forestry*Code Revisions I Volume 111 12 Code Amendments LandscaF e Architect • Front Lot Line Mobile Home Landscaping • Improved Lot Mobile Home Park d • Interior Lot Mobile Home Subdivision • Lot Monopole See Chapter • Ge--,red coil Are • Lot Area 18.798, Wireless •Open so • Lot Averaging Communication Facilities a Reef =s • Moving Sign See Chapter Lot Coverage 18.780, Signs a Sail Volume Gftleulfttietts • Lot Depth Multiple-Family Dwelling Lattice Tower See Chapter • Lot Line See Dwelling-Belated 18.798, Wireless • Lot Line Adjustment Definitions Communication Facilities • Lot of Record Multi-Unit Residential Lawn Sign See Chapter . Lot Width Building See Chapter 18.780, Signs • Rear Lot Line 18.755,Mixed Solid Waste Legal Entity See Chapter • Side Lot Line And Recyclable Storage 18.780 Signs, `Business" Neighborhood Activity ' g • Substandard Lot Center Legislative • Tax Lot Lighting Methods See • axLThrough Lot Noise Chapter 18.780, Signs Nonconforming Sign See • Zero Lot Line Chapter 18.780, Signs Loading Area See Loading Lot Width See Lot-Related Nonconforming Situation Space Definitions Non-Residential Building Loading Space See Chapter 18.755,Mixed Lot See Lot-Related Definitions Maintenance See Chapter Solid Waste And Recyclable Storage Lot Area See Lot-Related 18.780, Signs Non-Structural Trim See Definitions Manufactured Home See Chapter 18.780, Signs Lot Averaging See Lot- Dwelling-Related Definitions Nuisance Tree See Tree Related Definitions Marquee See Design-Belated Related Definitions Lot Coverage See Lot-Related Definitions Occupancy Permit D fnitions Medallion See Design-Related Off-Site Impact Lot Depth See Lot-Related Definitions Off-Site Improvement Definitions Open Grown Tree See Tree Median Tree See Tree Belated Related Definitions Lot Line See Lot-Related Defisidm Open Soil Volume See Tree Definitions Minimal Use Facilities See Related Definitions See Lot Line Adjustment See Open Space Facility-Related Landscaping-Related Lot-Related Definitions Definitions Definitions Lot of Record See Lot- Mitigation Related Definitions Mixed Solid Waste See Lot-Related Definitions Chapter 18.755,Mixed Solid • Corner Lot Waste And Recyclable Storage • Flag Lot Mixed-Use Development 9 City of Tigard Urban Forestry Code Revisions I Volume II 1 13 f Commentary 18.115 List of Terms List of terms continued. io M City of Tigard Urban Forestry Code Revisions Volume II 14 lL Code Amendments Open Space Facility-Related Provider See Chapter 18.798, Shopping Center See Chapter Definitions Wireless Communication 18.780, Signs • Active Use Facilities Facilities Shopping Plaza See Chapter • Minimal Use Facilities 18.780, Signs ui • Passive Use Facilities T..,.. Side See Yard-Related Oregon Administrative Public Business Day Rules Public Support Facilities Definitions Oregon Revised Statutes Quasi-judicial Side Lot Line See Lot-Belated Outdoor Storage Reader-Board Sign See Definitions Owner Chapter 18.780, Signs Sign See Chapter 18.780, Signs Painted Wall Decorations Rear See Yard-Related Sign Structure See Chapter See Chapter 18.780, Signs Definitions 18.780, Signs Painted Wall Highlights See Rear Lot Line See Lot-Related Sienificant Tree Grove See Chapter 18.780, Signs Tree Belated Definitions Painted Wall Sign See Definitions . Chapter 18.780, Signs Receipt Single-Family Dwelling See Parapet See Design-Related Recreational Vehicles Dwelling-Related Definitions Definitions Remodel Site Park Slope Parking Lot Tree See Tree T-i"Remo Related Definitions Reserve Strip Parking Space Residence DV9� . Partition yens Party Residential Trailer Source-Separated Passive Use Facilities See Responsible Party,See Recyclable See Chapter Open Space Facility-Related Section 18.230.030,Penalty 18.755,Mixed Solid Waste Definitions Revolving Sign See Chapter And Recyclable Storage Perimeter 18.780, Signs Special Adjustments,See Permitted Use Right-of-Way Section 18.370.020, Person See also Chapter Road Adjustments 18.780, Signs Roof Pilaster See Design-Related Specified Anatomical Areas Definitions Roof Line See Chapter See Adult Entertainment- Plan Coordination See 18.780, Signs Related Definitions Comprehensive Plan-Related Roof Sign See Chapter Specified Sexual Activities Definitions 18.780, Signs See Adult Entertainment- Plat Related Definitions Premises See Chapter 18.780, *d Dvq� Signs � Rotating Sign See Chapter Projecting Sign See Chapter 18.780, Signs 18.780, Signs Projection See also Chapter Sees4ve hands See G4&pAff 18.780, Signs I&40L, Tff e Remo Setback ]1 City of Tigard Urban Forestry Code Revisions I Volume II 1 15 Commentary 18.115 List of Terms List of terms continued. 12 City of Tigard Urban Forestry Code Revisions (volume 11 16 Code Amendments Stand (Of Trees See Tree Tree See Tree Related • Understor;Tree Related Definitions Tree Removal See Tree Stand Grown Tree See Tree i&7-9q, Related De tuitions Tree Canopy See Tree Related Related Definitions Turret See Design-Related Storage Area See Chapter Tree Caa2pLLg= j) initions 18.755,Mixed Solid Waste Effective See Tree Related Underston�TYPe See Tree And Recyclable Storage Dedu&im Related Definitions Story Tree Care Industry Uniform Building Code See Story,First Standards See Tree Related Chapter 18.780, Signs Story,Half Use Tree Related Definitions Street Vehicle Parking Space Street,Private • Visible Transmittance See • Certified Arborist Street,Public Design-Related Definitions • Certified Tree Risk Street Tree See Tree Related Assessor Vision Clearance Area • Covered Soil Volume Visual Obstruction String Course See Design- • Diameter at Breast Heigh Wall Sign See Chapter 18.780, Related Definitions LQ= Signs Structural Alteration See • Wetlands Chapter 18.780, Signs • Hazard Tree Will Structure • Hazard Tree Aba em n Window Subdivision • Hazard Tree Owner or Wireless Communication Substandard Lot See Lot- Responsible Party Facility See Chapter 18.798, Related Definitions Wireless Communication Substantial Improvement • Heritage age Tiee Facilities Surface Street See Chapter • Median Tree Wireless Communication 18.780, Signs • Nuisance Tree Facility,Attached See Tax Lot See Lot-Related • Oi2en Grown Tree Chapter 18.798, Wireless Defsnitions • Open Soil Volume Communication Facilities Temporary Sign See Chapter • Parking Lot Tree Wireless Communication 18.780, Signs • Significant Tree Grove Transmissions Towers See Temporary Use Cha • Stand (Of Trees) pter 18.798, Wireless Tenant Sign See Chapter • Stand Grown Tree Communication Facilities 18.780,Signs Yard See Yard-Related Through Lot See Lot-Related • Street Tree g Definitions Definitions • Tree Tigard-Based Nonprofit • Tree Canopy • Organization • Tree Canoe Cover_ Traffic Flow Plan Effriv Transom See Design-Related • Tree Care Tndu ry Definitions Standards • Tree Removal 13 City of Tigard Urban Forestry Code Revisions Volume II 17 Commentary 18.115 List of Terms List of terms continued. 14 City of Tigard Urban Forestry Code RevWons \Toluene II 18 Code Amendments Yard-Related Definitions • Corner Side • Front • Rear • Side • Yard Zero Lot Line See Lot-Related Definitions Zoning District 15 City of Tigard Urban Forestry Code Revisions Volume 11 19 Commentary 18.120.030 Meaning of Specific Words and Terms The definitions that were previously included in Chapter 18.790 and Title 9 have been moved into Chapter 18.120 in order to consolidate all urban forestry relevant definitions into one chapter in the Tigard Development Code. Existing tree related definitions that have been substantially modified have been struck and replaced with new definitions. Definitions in Chapter 18.790 have been copied to Title 8,Urban Forestry,to ensure consistency of terms between Title 8 and Title 18. Both Title 8 and Title 18 specify that the title definitions apply to administrative rules (in this case the Urban Forestry Manual). In Title 18,existing and proposed tree related definitions have been further consolidated under a "tree related definitions section" so that a developer or arborist/landscape architect seeking to apply the definitions can find all of the tree related definitions in one place. The term"development impact area"is a new term that was created for Chapter 18.790 (Urban Forestry Plan) as a catchall term for any type of ground disturbance on a site. Trees can be severely impacted by any ground disturbance on a site,and Section 10 of the Urban Forestry Manual requires that a complete tree preservation and removal site plan display the development impact area. Since the concept of the development impact area may be useful for future code amendments besides trees,it is not included as one of the tree related definitions. r r' 16 Ia City of Tigard Urban Forestry Code Revisions Volume II 20 Code Amendments Chapter 18.120 DEFINITIONS Sections: 18.120.010 Meaning of Words Generally 18.120.020 Meaning of Common Words 18.120.030 Meaning of Specific Words and Terms 18.120.010 Meaning of Words Generally [No change.] 18.120.020 Meaning of Common Words [No change.] 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Categories (Chapter 18.130); Mixed Solid Waste and Recyclable Storage (Chapter 18.755); Sensitive Lands (Chapter 18.775); Signs (Chapter 18.780); ; and Wireless Communication Facilities (Chapter 18.798). As used in this title and corresponding administrative rules, the following words and phrases mean: 1. through 41. [No change] 42. "C=ft4pei2' The diameter of it tree tvank meftsured fft it presei-ibed height. Renumber definitions 43-59 60. „ iteeew,&neditte tree root growth. Renumber definitions 61-70 71 "Development Impact Area" - The area on a site or riaht of way associated with a site affected by any and all site or right of way improvements_ including but not limited to buildings structures_ walls parking and loading,_areas street improvements 12aved and gaveled areas utilities irrigation equipment storage construction parking and landscaping The impact area also refers to areas of =ding, filling, stockpiling, demolition tree removal trenching bor g and any o h= activitiesh r quire excavation or soil disturbance. 17 City of Tigard Urban Forestry Code Revisions I Volume II 121 s Commentary 18.120.030 Meaning of Specific Words and Terms The term"landscape architect"is also a new term that specifies their registration requirements with the State of Oregon. Chapter 18.790 allows landscape architects,in addition to arborists,to create urban forestry plans. The following new or substantially modified definitions have been included in Chapter 18.120: Caliper:The term caliper is referenced throughout the code and Urban Forestry Manual when specifying minimum size of nursery trees. The term caliper follows tree care industry standards. Certified arborist:This term clarifies that certified arborists are certified by the International Society of Arboriculture. Certified tree risk assessor: This term clarifies that certified tree risk assessors are certified by the International Society of Arboriculture. 18 City of Tigard Urban Forestry Code Revisions I Volume II 22 Code Amendments Renumber definitions 71-103 104. "L.andscaye Architect" - An individual registered with the Oregon State Landscatie Architect Board as a registered landscal2e architect. Renumber definitions 103-120 or ftmended sai4. Renumber definitions 122-150 454. "Reat paths" Gangtmeted pathq that ttse ftermian or dr- to gwe reefs-ft way to graw attf E)f the tree spftee and tinder pwem.P In 4,:-i-n-—A rd-Pr to aeeess better planti sails. Root paths efta eantteet tree spfteeg and ftdj Renumber definitions 152-154 455. "Sei4 volume eftlett6tiatts" Swn fatftl of gail vahimes from efteh desig" method area �ettg�h m width x depth) (fee� 4- eovered sail Ftrea Oength x width 3f dep* (fee� root path length (fee� x 9.25 + greett spftee areft �ertg+h it width x depd� (fee�. Renumber definitions 156-169 170.—`Tree-related definitions:"— a, "Cal_iner" - The tree care industry standard for measuring the trunk diameter of nursery stock. Calil2er is the average diameter of the trunk of a nursery tree measured six (6) inches above the ground for trunks less than or equal to an average of four (tel inches in diameter (when measured six (W inches above group ). When the trunk of a nurser; tree is greater than an average ofE four (41 inches in diameter (when measured six (6) inches above ground), cainer is the average diameter at 12 inches above ground (see fi ure 18.120.31. L "Certified Arborist" - An individual certified by the International Society of Arbon ,ltur as acertified-arbDiiaL "Certified Tree Risk Assessor" -An individual certified by the International Society of Arboriculture to conduct tree risk ass s menu 19 City of Tigard Urban Forestry Code Revisions I Volume 11123 Commentary 18.120.030 Meaning of Specific Words and Terms Covered soil volume: This definition is for Sections 12 and 13 of the Urban Forestry Manual which allows soil volume requirements for street trees and parking lot trees to be met underneath pavement when certain design criteria are met. Diameter at breast height(DBH): The term DBH is referenced throughout the code and Urban Forestry Manual when specifying the size of trees that are subject to various regulations. The term DBH follows tree care industry standards. Dripline:This definition is primarily for Section 10 of the Urban Forestry Manual to clarify what portion of a tree is eligible for the effective canopy requirement. Hazard tree: The term hazard tree has been made more specific to the International Society of Arboriculture Standards so that a more objective evaluation can be made as to what constitutes a hazard tree. A tiered system of rating hazards ensures the risks associated with small diameter tree parts are not understated while the risks associated with large diameter tree parts are not overstated. Hazard tree abatement:The term hazard tree abatement clarifies that abatement is reducing risk below the established threshold. This can be accomplished through pruning or other means,not solely through tree removal. Hazard tree owner or responsible party: Hazard tree issues are often highly contentious, so the hazard tree owner or responsible party definition is very specific in assigning ownership and/or responsibility for the tree in question. 20 City of Tigard Urban Forestry Code Revisions(Volume II 124 Code Amendments I "Covered soil volume" - A volume of soil that is under pavement and specially designed to support the growth of a tree, Covered soil volumes contain existing_ new or amended soil with the physical, chemical and biological properties necessary to support the E row h of a ree_w ile at them time supporting the load-bearing uirements and eng n eri g standards of the overlvinsr pavement. Covered soil volumes would not be considered tree growth limiting by a t2roject arborist or landscape architect in an urban forester plan developed per the standards in Cha��ter 18.790 and the Urban Forestry Manual. "Diameter at Breast Heig�t (DBH)" - The averaze-diameterof the trunk of a t= measured 4 1/2 feet above mean ground level at the base of the trunk ( es a figure 18.120.4). If the tree splits into multiple trunks above ground_ but below 4 1/2 feet_ the DBH is the average diameter of the most narrow point beneath the sl2lit (see Apure 18.120.5. If the tree has excessive swelling at 4 t/2 feet_ the DBH is the average diameter of the most narrow point beneath the swe 1Linj!. If the tree splits into multiple trunks at or directlybei round_ it shall be considered one tree and the DBH shall be the square root of the sum of the cross-sectional area of each trunk at 4 t/2 feet above mean ground level multiplied by 1.1284 (see figs L "D42line" -The outer limit of a tree canoo�nroiecte�g ound. g_ "Hazard Tree" - Any tree or tree part that has been or could be determined b} an independent certified tree risk assessor to constitute a high level hazard rec;ui hazard tree abatement with an overall minimum risk rating_of 8 for trees or tree parts W to 4 inch DBH_ 9 for trees or tree parts greater than 4 inch and un to 20 inch DBH_ or 10 for trees or tree parts greater than 20 inch DBH using the most current version of the tree risk assessment methodology developed by the International Society of Arboriculture. L "Hazard Tree Abatement" - The process of reducing or e iminatinu a hazard to an overall risk rating of less than 8 for trees or treeparts up to 4 inch DBH_ 9 for trees or tree_arts greater than 4 inch and up to 20 inch DBH_or 10 for trees or tree parts eater than 20 inch DBH using the most current version of the tree risk assessment methodolozv developed by the International Society of Arboriculture through pruning, treeem roval or other means in a manner that complies with all a licable rules and regulations. L. "Hazard Tree Owner or Responsible Party" - The 12rol2e= owner or responsible part;with the largest percentage of a hazard tree trunk immediately above the trunk flare or root buttresses In cases where the hazard tree consi is of a branch instead f an entire tree_ the hazard tree owner or responsible varty is the person who owns or is responsible for the prol2erty from where the branch orip nates. 21 City of Tigard Urban Forestry Code Revisions I Volume II 125 Commentary 18.120.030 Meaning of Specific Words and Terms Heritage tree: This term has been revised slightly from the existing definition to remove reference to Chapter 9.08 since heritage trees will be administered through Chapter 8.16. Median tree: This term was created to distinguish between median trees (which are between vehicle traffic) and street trees, since median trees are the responsibility of the city. Nuisance tree:A nuisance tree list has been added to the Urban Forestry Manual to specify the types of trees that are prohibited from planting or receiving credit towards the effective canopy requirement. A nuisance tree is defined as any tree on the nuisance list. Open grown tree: Open grown trees are distinguished from stand grown trees in Section 10 of the Urban Forestry Manual so that arborists/landscape architects do not have to inventory every tree in a stand as currently required. Arborists/landscape architects will only have to inventory open grown or isolated trees,and stands of trees can be delineated at their edges. This will cut down on unnecessary inventory work. A definition of the two types of trees is required to distinguish the two. Open soil volume:As with covered soil volume,this definition is for Section 12 and 13 of the Urban Forestry Manual to clarify how to calculate soil volumes for trees. Parking lot tree: Parking lot trees are explicitly defined since they are required by Chapter 18.745 to provide canopy over parking areas and referenced extensively in Section 13 of the Urban Forestry Manual. Significant tree grove: A definition for significant tree groves is needed since flexible standards and preservation incentives that are specific to significant tree groves have been added to Chapter 18.790. A significant tree grove is a native "stand of trees" (already defined) that has been identified as significant through the Statewide Land Use Planning Goal 5 process. A significant tree grove map is available through a publicly accessible mapping program. Stand (of trees): Section 10 of the Urban Forestry Manual allows groups of stand grown trees (stands) to be delineated at their edges. A definition of stand (of trees) is provided for additional guidance as to what is considered a stand. Stand grown tree:A definition of stand grown tree is required to distinguish it from open grown tree so that arborists/landscape architects do not have to inventory every tree in a stand as currently required. Section 10 of the Urban Forestry Manual allows stands of trees to be delineated at their edges. Street tree: This term clarifies the size and location thresholds that define a street tree. The definition also distinguishes street trees from median trees. 22 City of Tigard Urban Forestry Code Revisions I Volume II 1 26 Code Amendments "Heritage Tree" - Anv tree or stand of trees of landmark importance due to ages necies_ horticultural g1l _ or historic importance that has been approved as a h riage tree by Tigard Ci. Counc'1. k "Median Tree" - Any tree within the public riright of way under Cit; of Tig rd jurisdiction between o1212odna lanes of vehicular traffic. Trees in the centers of cul- de-sacs and roundabouts within the ubhc right of way under Cit; of Tig W jurisdiction shall also be considered median trees. "Nuisance Tree" - Any tree included on the Nuisance Tree Lst in the Urban Fores =Manual. al. "Open Grown Tree" - Any tree that has grown and established in an isolated manner with siZtificant competition for hz t_ sl2ace and nutrients from other trees. 012en grown trees generally retain more foli"__ din greater trunk tapers, have more extensive root systems and are more resistant to windthrow than stand ,grown trees. m "Open Soil Volume" - An unpaved volume of soil_which contains existing_ new or amended soil with the 1 hpsical_ chemical and biological 12rol2erties necessary to sulnort the growth of a tree. o. "Parking Lot Tree" - Any tree used to meet the requirements in Section 18.745.050(El. p "Significant Tree Grove" - A stand of trees that has been identified as significant through the Statewide Land Use Planning Goal 5 process. A Significant Tree Grove Man is maintained by the Director. q: "Stand (Of Trees)' - A distinct area of stand grown trees_ often predominantly native and with contiguous canopies_which form a visual and/or biological unit. L. "Stand Grown Tree" - Anv tree that has grown and established in close association with other trees and, as a result_ has experienced significant competition for light_ space and nutrients from other trees. Stand grown trees genera lv retain less foliage develop less trunk taper, have less extensive root systems and are less resistant to windthrow than open grown trees. "Street Tree" -Any tree equal to or greater than 1 '/2 inch caliper or DBH within-a public ji6t of way under of Tigard jurisdiction or easement for public access under City of Tigard jurisdiction_ or any tree equal to or greater than 1 '/z inch caliper or DBH outside of a public riaht of or easement for public access that the city can demonstrate was planted or preserved as a street tree to meet the re nirements for a city permit or i2roiect, Median trees shall not be considered atr=l trees, 23 City of Tigard Urban Forestry Code Revisions Volume 11 127 Commentary 18.120.030 Meaning of Specific Words and Terms Tree: The definition of tree is revised using the standard definition of tree by the International Society of Arboriculture. Tree canopy: Tree canopy is a central theme of the revised code and forms the basis for many of the code revisions and corresponding administrative procedures. The term tree canopy is closely related to dripline. Dripline is specific to only the outer edge of the tree canopy,whereas tree canopy encompasses everything in between. Tree canopy cover,effective: A definition for effective tree canopy cover is required to distinguish it from actual tree canopy cover. Effective tree canopy cover has specific requirements for measurement in Section 10 of the Urban Forestry Manual. For example, preserving existing trees is given double tree canopy credit compared to planting new trees. Therefore, effective tree canopy cover is not the same as actual tree canopy. Tree Care Industry Standards:Tree care industry standards are defined using the American National Standard Institute (ANSI) standards for tree care operations.ANSI standards outline accepted practices for planting,pruning and maintenance of trees.ANSI standards are incorporated by reference rather than explaining the standards in detail. Tree removal:The existing definition of tree removal is retained. Understory tree:This definition is required for Section 10 of the Urban Forestry Manual to allow for the planting of trees beneath the canopies of larger trees when required for constrained sites. 24 City of Tigard Urban Forestry Code Revisions I Volume II 128 Code Amendments _ "Tree" - A woody perennial plant--often with one dominant trunk, the ca aci to achieve a mature height greater than 16 feet and j2rima& referred to as a tree in scientific li atu e. stftnding woody plant, or group of stteh, u-. "Tree Canons" - The area above ground which is covered by the trunk branches and foliage of a tree orgroup of trees' crowns. Y. "Tree Canom Cover Effective" - A formula detailed in Chanter 18,790 and the Urban Forestry Manual used to calculate the amount of tree canopy that will be rovided for a a sen lot or tract through any combination of preserving trees and 121antinjz new trees. In general, the formula grants bonus tree canons credit based on the existing tree canopy of trees that are preserved_ and grants additional tree canopy credit based on the ejected mature tree canopy of newly planted trees. y- "Tree Care Industry Standards" - Generallaccepted industry standards for tree rare practices detailed 'n the most current version of the American National Standards Institute (_ANSI) A 3Q0 Standards for Tree Care Operations. In addition. tree care indu ry standards shall include adherence to all applicable rules and regulations for the completion of any tree care ol2eradQn. "Tree Removal" - The cuttingor removing of 50 ercent (50%) or more of a crown trunk or root system of a tree, or auy action which resul in the to of aesthetic or 1 hv,siological viability or auses theo fall or be in immediate danger of fagia& y "Understory Tree" - Any tree thatis adal2ted to grow and complete its lifecycle within the shade and beneath the canopy of another tree. Renumber definitions 171-181 25 City of Tigard Urban Forestry Code Revisions Volume U 29 Commentary 18.120.030 Meaning of Specific Words and Terms Four new figures are added to the end of the chapter where existing figures for definitions are located. The definitions of"caliper" and"DBH" can be confusing for non-arborists/landscape architects,and the figures are meant to better illustrate the definitions. These figures are included to illustrate the definitions for"caliper" and"DBH"in Chapter 8.02 as well. 26 City of Tigard Urban Forestry Code Revisions I Volume II 1 30 Code Amendments CALIPER ursow 4-cow Manrre Hare for Yeee over �r Figure 18.120.3 4 r 41�2' z Figure 18.120.4 pure 18.120.5 MWIre 18.120.0 Standard DBH DBH for Spht Trunk DBH for Multi le Trunks 27 City of Tigard Urban Forestry Code Revisions I Volume II 31 Commentary 18.310 Summary of Land Use Permits The following revisions to permit types are included in chapter 18.310 (Summary of Land Use Permits): • Street tree adjustments are struck because they will be handled administratively through Chapter 18.745; • Modifications to the urban forestry plan component of an approved land use permit will be allowed by Chapter 18.790 through a Type I process so reference is included in table 18.390.1; • Tree removal permits are struck because they will be administered through Title 8;and • Discretionary urban forestry plans that are alternatives to standard urban forestry plans will be allowed by Chapter 18.790 through a Type III process so reference is included in table 18.390.1. e 28 City of Tigard Urban Forestry Code Revisions Volume II 32 Code Amendments Chapter 18.310 SUMMARY OF LAND USE PERMITS Sections: 18.310.010 Purpose 18.310.020 Summary of Land Use Permits 18.310.010 Purpose A. Introduction. In this development code, each land use permit or related action is processed by means of a generic decision-making type, e.g., Types I - IV or Limited Land Use Decisions (LLD) or Expedited Land Divisions (ELD), to which it is assigned. A description of these decision-making procedures are summarized in Chapter 18.390. In addition, to be approved, each permit or related action must comply with specifically-tailored approval criteria, which with few exceptions are contained in Chapters 18.320 - 18.385, as well as all other pertinent development standards,which are found throughout this code. B. PuI32ose. The purpose of this chapter is to provide a table summarizing all land use permits and related actions, including cross-references to type of decision-making process, approval criteria and other development standards. As such, this chapter provides a "road map" for the permit approval process. 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarizing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: 29 City of Tigard Urban Forestry Code Revisions I Volume II 133 Commentary Table 18.310 Summary of Land Use Permits and Related Actions No changes to the first set of land use permits and related actions in the table. 30 City of Tigard Urban Forestry Code Revisions I Volume 11 134 Code Amendments TABLE 18.310.1 SUMMARY OF LAND USE PERMITS AND RELATED ACTIONS Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Annexation IV 18.320.020 18.320 Conditional Use Initial III-HO 18.330.030 18.330 Major Modification III-HO 18.330.030 18.510, 18.520 Minor Modification 1 18.330.030 18.530 Director's Interpretation --1 ---- 18.340 Planned Development III-PC;ELD 18.350.100 18.350 Detailed Plan II 18.350.020 18.350 Site Development Review New Construction II 18.360.090 18.360 Major Modification II 18.360.090 18.360 Minor Modification I 18.360.090 18.360 31 City of Tigard Urban Forestry Code Revisions Volume II 135 Commentary Table 18.310 Summary of Land Use Permits and Related Actions Street tree adjustments are struck because they will be handled administratively through Chapter 18.745. Tree removal permits are struck because they will be administered through Title 8. A more flexible urban forestry plan modification process is proposed in section 18.790.070 (Modification to the Urban Forestry Plan Component of an Approved Land Use Permit). The process allows modifications through a Type I permit and is more fully described in section 18.790.070. 32 City of Tigard Urban Forestry Code Revisions I Volume II 1 36 Code Amendments TABLE 18.310.1 (Con't) Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Variances/Adjustments Variances II 18.370.010.0 18.370 Development Adjustments I 18.370.020.B.2 18.370 Special Adjustments • Adjustments in Subdivisions --- 18.370.020.C.1 18.430 • Reduction of Minimum Res. Densities I 18.370.020.C.2 18.430, 18.715 • Access/Egress Standards Adjustments II 18.370.020.C.3.b 18.705 Lftndseaping Adjustments RX496ftg Street Trees 48.370.920.G.4.a 48.745 New,Street Trees T ,8.37Q.920.G4.b 18.745 • Parking Adjustments -Reduction in Minimum Prkg. Ratios II 18.370.020.C.5.a 18.765 -Prkg Reduct. in New Developmts/ II 18.370.020.C.5.b 18.765 Transit Improvements -Prkg Reduct. in Existing Developmts/ II 18.370.020.C.5.c 18.765 Transit Improvements -Increases in Maximum Parking Ratios II 18.370.020.C.5.d 18.765 -Reduction in Bicycle Parking II 18.370.020.C.5.e 18.765 -Alternative Parking Garage Layout II 18.370.020.C.5.f 18.765 -Reduction in Stacking Lane Length I 18.370.020.C.5.g 18.765 • Sign Code Adjustments II 18.370.020.C.6 18.780 • • Wireless Communication Facility Adj. -Setback from Nearby Residence II 18.370.020.C.8.a 18.798 -Distance from Another Tower I 18.370.020.C.8.b 18.798 • Street Improvement Adjustments II 18.370.020.C.9 18.810 • Modification to the Urban Forestry 1 18,790.070.D 18.790 Plan Component of an Approved Land Use Pumit 33 City of Tigard Urban Forestry Code Revisions Volume 11137 Commentary Table 18.310 Summary of Land Use Permits and Related Actions The discretionary urban forestry plan review option is an alternative to meeting the clear and objective effective canopy requirements in chapter 18.790. An applicant could make their case at a public hearing in front of Planning Commission or the hearings officer about how their proposal is an adequate substitute for the functions and values otherwise provided by trees. The review body (Planning Commission or hearings officer) will depend on whether there is a concurrent Type III review. For example, if an applicant for a Planned Development (Type III Planning Commission review) chooses to receive a discretionary urban forestry plan review, the review body will be the Planning Commission. However, if an applicant for a Conditional Use Permit (Type III hearings officer review) chooses to receive a discretionary urban forestry plan review, the review body will be the hearings officer. Finally, if an applicant does not have a concurrent Type III review (e.g. Subdivision, Minor Land Partition, etc.), yet chooses to receive a discretionary urban forestry plan review, the review body will be the hearings officer. The discretionary urban forestry plan review process is described more fully in section 18.790.040. 34 City of Tigard Urban Forestry Code Revisions I Volume II 1 38 Code Amendments Zoning Map/Text Amendments Legislative IV Comprehensive Plan 18.380 Quasi-judicial III-PC 18.380.030.B 18.380 Miscellaneous Permits Accessory Residential Units I Development Standards in 18.710 Historic Overlay • Historic Overlay Designation III-PC 18.740.040.A 18.740 • Removal Historic Overlay Designation 111-PC 18.740.040.13 18.740 • Exterior Alteration in HO District I1 18.740.040.0 18.740 • New Construction in HO District Il 18.740.040.D 18.740 • Demolition in HO District II 18.740.040.E 18.740 Home Occupations • Type I I 18.742.040.A 18.742 • Type 11 I1 18.742.050.A 18.742 Nonconforming Use Confirmation I 18.760.020.A 18.760 Discrerionary Urban Forestr;Plan III-PC. III-HO 18.790.040.0 18.790 Review 35 City of Tigard Urban Forestry Code Revisions Volume II 139 Commentary Table 18.310 Summary of Land Use Permits and Related Actions Tree removal permits are struck because they will be administered through Title 8. I r 36 i E, City of Tigard Urban Forestry Code Revisions Volume 11 40 Code Amendments TABLE 18.310.1 (Con't.) Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain I,III-HO 18.775.020.E4, 18.775.070.B 18.775 • With Excessive Slopes I,II,III-HO3 18.775.020.E 4, 18.775.070.0 18.775 • Within Drainage Ways I,II,III-HO3 18.775.020.E 4,18.775.070.D 18.775 • Within Wetlands II,III-HO3 18.775.070.E 18.775 Signs • Existing I {Development Standards for Each • Modification of Existing I {Sign Type,per 18.780 • Temporary I 18.780.100 Temporary Uses • Seasonal/Special Events I 18.785.040.A 18.785 • Emergency I 18.785.040.B 18.785 • Temporary Sales Office/Home I 18.785.040.0 18.785 • Temporary Building I 18.785.040.D 18.785 Tree Removal i ,8.;9.0.050.A 49 70n Land Division Lot Line Adjustment I 18.410.040 18.410 Land Partition II,ELD 18.420.050 18.420 Subdivisions • Without Planned Development II,ELD 18.430.070 18.430 • With Planned Development III-PC,ELD 18.430.070 18.430, 18.350 18.350.100 ' Special kind of decision: Type I if not appealed,Type II if appealed by applicant. Because of recent Oregon case law,appeal goes directly to City Council. z Addressed concurrently with subdivision review. 3 Can be reviewed as either Type II or IIIA,depending on criteria in 18.775.015.D and E. 4 Type I procedures are reviewed with criteria of Section 18.775.020.E. Type II and III procedures are reviewed with criteria of Section 18.775.070.B. KEY: Type I: Ministerial Review(18.390.030) Type II: Quasi-judicial Review by Director(18.390.040) ` Type III-HO: Quasi-judicial by Hearings Officer(18.390.050) Type III-PC: Quasi-judicial by Planning Commission (18.390.050) Type IV: Legislative (18.390.060) LLD: Limited Land Use Decision(18.390.070) ELD: Expedited Land Division (18.390.070) 37 City of Tigard Urban Forestry Code Revisions I Volume II 141 Commentary 18.330.030 Approval Standards and Conditions of Approval The Conditional Use Permits (CUPs) have been,and will continue to be required to meet the requirements of Chapter 18.745 (Landscaping and Screening) and Chapter 18.790 (Urban Forestry Plan). Explicit references to these requirements are made in the approval standards section of the conditional use chapter. t 38 g. City of Tigard Urban Forestry Code Revisions Volume 1I 42 Code Amendments Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose [No change.] 18.330.020 Approval Process [No change.] 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape,location,topography,and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050;and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, Chapter 18,745, Landscaping and—S= * Chapter 18.790_ Urban Forestry Plan' and Chapter 18.360, Site Development Review, if applicable,are met. B. [No change.] 39 City of Tigard Urban Forestry Code Revisions I Volume 11 143 Commentary 18.334.040 Additional Submission Requirements The Conditional Use Permits (CUPS) have been,and will continue to be required to meet the requirements of Chapter 18.790 (Urban Forestry Plan). Explicit reference to the submission requirements for an urban forestry plan has been made. 40 `T Uity of'1�gard Urban Forestry Code Recisions Volume II 44 Code Amendments 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. An urban forestry blan consistent with Chanter 18.790: i6. Architectural elevations of all structures;and 6Z. A copy of all existing and proposed restrictions or covenants. C 41 E City of Tigard Urban Forestry Code Revisions Volume II 45 Commentary 18.330.050 Additional Development Standards for Conditional Use Types Conditional uses have specific requirements based on the type of use. The parking and storage setback requirement for motor vehicle servicing and repair has been increased from 5 to 6 feet so that required parking lot trees can be planted within the perimeter setback. The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable tides in the Tigard Municipal Code. Section 13 of the Urban Forestry Manual requires parking lot trees to be planted in locations with minimum dimensions of 6 feet by 6 feet, so the amendment is intended to be consistent with the parking lot tree requirements. The screening requirements are found in Section 18.745.050,so the existing scrivener's error has been corrected. 42 City of Tigard Urban Forestry Code Revisions I Volume 111 46 i Code Amendments 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance applica_ti ). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Adult Entertainment: [No change.] 2. Motor Vehicle Servicing and Repair: a. Setbacks: (i) A-six€r*o�e-foot perimeter setback shall surround all outdoor parking and storage areas; (ii) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.0450;and (iii)All repair work shall be performed indoors. 3. through 16. [No change.] 43 f City of Tigard Urban Forestry Code Revisions Volume II 47 Commentary 18.330.050 Additional Development Standards for Conditional Use Types Conditional uses have specific requirements based on the type of use. The parking setback requirement for non-accessory parking has been increased from 5 to 6 feet so that required parking lot trees can be planted within the perimeter setback. The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal Code. Section 13 of the Urban Forestry Manual requires parking lot trees to be planted in locations with minimum dimensions of 6 feet by 6 feet, so the amendment is intended to be consistent with the parking lot tree requirements. 44 City of Tigard Urban Forestry Code Revisions Volume II 48 i Code Amendments 17. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: €rye six feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765;and e. Screening shall be in accordance with Chapter 18.745. 18. through 20. [No change.] k- 45 City of Tigard Urban Forestry Code Revisions Volume II 49 t Commentary 18.350.040 Concept Plan Submission Requirements Planned developments (PDs) have been,and will continue to be required to meet the requirements of Chapter 18.790 (Urban Forestry Plan). In addition,among the stated purposes of PDs (18.350.010)is the preservation of natural resources,with tree preservation called out specifically. PDs are typically approved through a two-step process with a conceptual plan approval followed by a detailed plan approval by Planning Commission. Therefore, the submittal of an urban forestry plan during the conceptual stage will help the Planning Commission implement the purpose of PDs during the conceptual phase of approval. 46 City of Tigard Urban Forestry Code Revisions Volume 11 150 Code Amendments Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose [No change.] 18.350.020 Process [No change.] 18.350.030 Administrative Provisions [No change.] 18.350.040 Concept Plan Submission Requirements A. [No change.] B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping,and general location and types of proposed open space(s); 5 An urban forestry plan consistent with Chanter 18,790- Parking 8 790•Parking concept; 47 City of Tigard Urban Forestry Code Revisions I Volume II 151 Commentary 18.350.040 Concept Plan Submission Requirements Renumbering of submission requirements continued. 18.350.050 Concept Plan Approval Criteria Since tree preservation is called out specifically as one of the purposes of PDs,and urban forestry plans are required during the conceptual stage,the concept plan approval criteria should include tree preservation. The word"significant"is removed because the word is undefined,and could be misconstrued as applying only to "significant tree groves". The intent of the approval criterion is to consider the preservation of any tree or natural resource as part of PDs. F p r� i V r i 48 i k' t f City of Tigard Urban Forestry y Code Revisions Volume II 52 R t 5 Code Amendments 6Z.A sign concept; -7a. A streets and utility concept;and 82. Structure setback and development standards concept,including the proposed residential density target if applicable. C. Allowable uses. [No change.] 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site,and how they protect natural features of the site. 2. The concept plan identifies areas of sifiexft trees and other natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays,off street walking paths, shorter pedestrian routes than vehicular routes,linkages to or other provisions for bus stops,etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone,while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. (Ord. 06-16) 49 City of Tigard Urban Forestry Code Revisions I Volume II 1 53 Commentary 18.350.060 Detailed Development Plan Submission Requirements A scrivener's error has been corrected to reference Title 18 instead of Title 3. The detailed development plan submission requirements have been revised to require contour elevations of 1 foot instead of 2 to 5 feet consistent with typical engineering practice and available technology. For tree preservation,accuracy in grading plans is required because a 1-foot difference in a cut or fill could cause a tree to die or become hazardous. The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal Code. Contours of 1 foot are required by Section 10 of the Urban Forestry Manual in the tree preservation and removal site plan, so 1 foot contours for PDs is consistent. The phrase"unless otherwise approved"is included because there will be many cases where such detail is not necessary or will make the plans illegible. A development schedule is required for PDs,and an important element to include is the timing of landscaping. The landscaping phase is important to tree preservation (irrigation installation, etc.) and to insure required trees are planted at appropriate times of year. 18.350.070 Detailed Development Plan Approval Criteria No changes to the detailed development plan approval criteria. 50 City of Tigard Urban Forestry Code Revisions I Volume II 1 54 Code Amendments 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by Section 18.350.040.13 and the approval criteria under Section 1 .350.070. B. Additional information. In addition to the general information described in subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of one foot unless otherwise annro� ved by the Director feef, depending an slope , and spot elevations at breaks in grade, along drainage channels or swales,and at selected points,as needed. 2. A specific development schedule indicating the approximate dates of construction activity,including demolition,tree protection installation,tree removal,ground breaking, grading, public improvements, an-building construction, and landscabinsr for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. C. [No change.] 18.350.070 Detailed Development Plan Approval Criteria [No change.] 51 R City of Tigard Urban Forestry Code Revisions Volume II 55 Ili u Commentary 18.360 SITE DEVELOPMENT REVIEW Site development reviews (SDRs) have been,and will continue to be required to meet the requirements of Chapter 18.790 (Urban Forestry Plan). 18.360.070 Submission Requirements Explicit reference to the urban forestry plan requirement is made in the submission requirement section. 'i. t. r a 52 ' City of Tigard Urban Porestry Code Revisions Volume lI 56 Code Amendments Chapter 18.360 SITE DEVELOPMENT REVIEW Sections: 18.360.010 Purpose 18.360.020 Applicability of Provisions 18.360.030 Approval Process 18.360.040 Bonding and Assurances 18.360.050 Major Modification(s)to Approved Plans or Existing Development 18.360.060 Minor Modification(s) to Approved Plans or Existing Development 18.360.070 Submission Requirements 18.360.080 Exceptions to Standards 18.360.090 Approval Criteria 18.360.010—18.360.060 [No change.] 18.360.070 Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type II procedure, as governed by Section 18.390.040. B. Additional information. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for the conceptual development plan must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. An existing site conditions analysis; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. An urban forestry tilan consistent with Chapter 18.790: -56. Architectural elevations of all structures;and 6Z. A copy of all existing and proposed restrictions or covenants. 18.360.080 Exceptions to Standards [No change] 53 City of Tigard Urban Forestry Code Revisions I Volume II 157 Commentary 18.360.090 Approval Criteria The reference to "preserve trees to the extent possible"in Chapter 18.790 has been struck since the statement does not describe the requirements in Chapter 18.790. A cross reference to Chapter 18.790 has already been provided in Section 18.360.070. A cross reference stating that landscaping is required to be designed in accordance with both Chapter 18.745 and Chapter 18.790 has been added. Both chapters have specific landscaping requirements. 54 City of Tigard Urban Forestry Code Revisions I Volume I1 158 Code Amendments 18.360.090 Approval Criteria A. Approval criteria. The Director shall make a finding with respect to each of the following criteria when approving,approving with conditions,or denying an application: 1. Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light,air circulation,and fire-fighting;and (4) Oriented with consideration for sun and wind. b. Trees sha4 be preserved to the eiffent possible. Rephteement of trees is 9*eet to the , Tree Rentaw& eb. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3. and the City of Tigard "Significant Habitat Areas Map." Methods and techniques for consideration may include, but are not limited to the following: (1) through (7) [No change.] 3. through 11. No change.] 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745-and-2,M b. In addition to the open space and recreation area requirements of Subsections A.5 and 6 above, a minimum of 20% of the gross area including parking, loading and service areas shall be landscaped;and c. A minimum of 15% of the gross site area shall be landscaped. 13. through 15.[No change.] 55 City of Tigard Urban Forestry Code Revisions I Volume II 1 59 Commentary 18.370.020 Adjustments The existing adjustments to allow existing trees to be used as street trees,to modify the street tree planting requirements,and to allow setback adjustment for tree preservation have been struck. The adjustment to use an existing tree as a street tree should be allowed without paying for an adjustment. Requiring someone to pay to preserve a tree is a disincentive to preservation. The criteria for using an existing tree as a street tree are included in Chapter 18.745.040.A.5. Modification of street tree requirements is struck because the existing and proposed code allows wide flexibility to vary the placement of street trees to avoid safety conflicts and space constraints. In addition,staff cannot recall any cases where this adjustment has been used. 56 City of Tigard Urban Forestry Code Revisions I Volume II 1 60 Code Amendments Chapter 18.370 VARIANCES AND ADJUSTMENTS Sections: 18.370.010 Variances 18.370.020 Adjustments 18.370.010 Variances [No change.] 18.370.020 Adjustments A. [No change.] B. [No change.] C. Special adjustments. 1-5. [No change.] 6. Adittstments to lands �mems (Ghftpfei- 18.745). ft. Adjustment to use of existing trees fts street trees. By mems of a Type 1 , > the Diteeter shftR itpptave, eanditions, or deny it request for the use of exis i — . . rneef the street free fti-awtd the tree d"ring eanstmetion w4tieh may lead to its less, tn-Aess the f64 (4) The ground within the dtip htte is 4fered merely for drftinage pttrpases;and t4te tree to die, govemed by- See —An i eenditions, or de" it request for the ftdjttsfmenf9 to the 9treet ents ift (1) if the leefttion of ft proposed tree wetAd 4 pi-ablems with existing 57 City of Tigard Urban Forestry Code Revisions Volume R 61 h Commentary 18.370.020 Adjustments Section 18.790.050 (Flexible Standards for Planting and Preservation) allows for adjustments to setback requirements (and other development standards) to be reviewed concurrently with main land use review type. Requiring an additional process and payment of a fee to preserve a tree is a disincentive to preservation. r:. ss F City of Tigard Urban Forestry Code Revisions Volume II 62 1 Code Amendments Renumber 7-8 9. Adjttstmettfq fa setbaeks to redttee tree reme-o-ftl(Ghapter 48.790). By Mems of ft Type I or trees on the site of proposed development. Stieh medifiefttion mfty tedttee . Renumber 10-11 'i. I� G 59 City of Tigard Urban Forestry Code Revisions Volume II 63 Commentary 18.390.020 Description of Decision-Making Procedures The following revisions to permit types are included in table 18.390.1 (Decision Making Procedures): 0 Street tree adjustments are struck because they will be handled administratively through Chapter 18.745; * Modifications to the urban forestry plan component of an approved land use permit will be allowed by Chapter 18.790 through a Type I process so reference is included in table 18.390.1; 0 Tree removal permits are struck because they will be administered through Title 8;and * Discretionary urban forestry plans that are alternatives to standard urban forestry plans will be allowed by Chapter 18.790 through a Type III process so reference is included in table 18.390.1. F City of Tigard Urban Forestry Code Re-visions Volume II 64 Code Amendments Chapter 18.390 DECISION-MAKING PROCEDURES Sections: 18.390.010 Purpose 18.390.020 Description of Decision-Malting Procedures 18.390.030 Type I Procedure 18.390.040 Type II Procedure 18.390.050 Type III Procedure 18.390.060 Type IV Procedure 18.390.070 Special Procedures 18.390.080 General Provisions 18.390.010 Purpose [No change.] 18.390.020 Description of Decision-Making Procedures A. [No change.] B. [No change.] C. Summary of permits by decision-making_procedure type. Table 18.390.1 summarizes the various land use permits by the 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 Development Adjustments 18.370.020.B.2 Design Review Compliance Letter (Track 1) 18.610 Home Occupation/Type 1 18.742 Existing Street Tiees 48.370.020.(;.4.a; 49.745 P4ew Street Trees 49.370.020.G.4.b� 49.745 Lot Line Adjustment 18.410.040 Minimum Residential Density Adjustment 18.370.020.C.2; 18.430; 18.715 G] Cit}of'Figard Urban Forestry Code Rei inions I Volume II 1 65 Commentary 18.390.020 Description of Decision-Making Procedures Tree removal permit requirements are struck from Title 18 and included in the consolidated Title 8 provisions that address tree permit requirements when not associated with an urban forestry plan per Chapter 18.790. A new Type I process is established for major modifications to the urban forestry plan component of an approved land use permit. Type I modifications are performed as a staff level decision and do not require notice of the surrounding neighbors. The full process for a Modification to the Urban Forestry Plan Component of an Approved Land Use Permit is included in Section 18.790.070. 62 City of Tigard Urban Forestry Code Revisions J Volume 111 66 Code Amendments Nonconforming Use Confirmation 18.385.030.A; 18.760 Parking Adjustments - Reduction of Minimum Parking Ratios 18.370.020.C.5.c; 18.765 in Existing Developments/Transit Imp. - Reduction in Stacking Lane Length 18.370.020.C.5.g; 18.765 Signs New 18.780 Existing 18.780 Site Development/Minor Modification 18.360.090 Temporary Uses - Emergency Uses 18.785 - Seasonal/Special Uses 18.785 - Temporary Building 18.785 - Temporary Sales Office/Home 18.765 Urban Forestr;Plan - Modification to the Urban 18.790.070 Forestry Plan Compone=nt of an Aooroved Land Use Permit Tree Remev*l e Refft&v94 PeffP4 48.790 Wireless Communications Facilities-- 18.370.040.C.8.b; 18.798 Setback from Other Towers Conditional Use/Minor Modification 18.330.030 Type Permit/Land Cross-Reference(s) II (18.390.040) Access/Egress Adjustment 18.370.020.C.3.b Downtown Design Administrative Review (Track 2) 18.610 Historic Overlay - Exterior Alternation 18.740 - New Construction 18.740 - Demolition 18.740 Home Occupation/Type II 18.742 63 City of Tigard Urban Forestry Code Revisions I Volume II J 67 Commentary 18.390.020 Description of Decision-Making Procedures A new Type III process is established for a discretionary urban forestry plan review option as an alternative to meeting the clear and objective effective canopy requirements. Type III modifications require notice of the surrounding neighbors,and a hearing in front of Planning Commission or the hearings officer. This option could allow people to utilize green features such as green roofs,green streets,etc. as a substitute for the environmental benefits provided by trees.The full process for a discretionary urban forestry plan review option is included in Section 18.790.040. The review body (Planning Commission or hearings officer)will depend on whether there is a concurrent Type III review. For example,if an applicant for a Planned Development(Type III Planning Commission review) chooses to request a discretionary urban forestry plan review,the review body will be the Planning Commission. However,if an applicant for a Conditional Use Permit (Type III hearings officer review) chooses to request a discretionary urban forestry plan review,the review body will be the hearings officer. Finally,if an applicant does not have a concurrent Type III review(e.g. Subdivision,Minor Land Partition,etc.),yet chooses to request a discretionary urban forestry plan review,the review body will be the hearings officer. 64 City of Tigard Urban Forestry Code Revisions I Volume 111 68 Code Amendments Type Permit/Land Cross-Reference(s) Land Partitions' 18.420.050 Parking Adjustments - Reduction in Minimum Parking Ratios 18.370.020.C.5.a; 18.765 - Reduction of Minimum Parking Ratios 18.370.020.C.5.b; 18.765 in New Developments/Transit Imp - Increase in Maximum Parking Ratios 18.370.020.C.5.d; 18.765 - Reduction in Bicycle Parking 18.370.020.C.5.e; 18.765 - Alternate Parking Garage Layout 18.370.020.C.5.f; 18.765 Sensitive Lands Permits - In 25%+ Slope 18.775 - Within Drainageways 18.775 - Within Wetlands' 18.775 Sign Code Adjustment 18.370.020.C.6; 18.780 Site Development Review - New Construction 18.360.090 - Major Modification 18.360.090 Subdivision Without Planned Development' 18.430.070 Variances 18.370.010.0 Wireless Communication Facilities-- 18.370.020.C.8.a; 18.798 Adjustment to Setback from Residences Appeals to Hearings Officer 18.390.040.G IIIA (18.390.050) Conditional Use (Hearings Officer) - Initial 18.330.030 - Major Modification 18.330.030 Sensitive Lands - Within 100-Year Floodplain 18.775 - In 25%+ Slope' 18.775 - Within Drainageways' 18.775 - Within Wetlands' 18.775 Urban Forestry Plan F Discretionary Urban Foresta Plan Review 18.790.040 65 City of Tigard Urban Forestry Code Revisions I Volume II 169 Commentary 18.390.020 Description of Decision-Making Procedures A new Type III process is established for a discretionary urban forestry plan review option as an alternative to meeting the clear and objective effective canopy requirements. Type III modifications require notice of the surrounding neighbors,and a hearing in front of Planning Commission or the hearings officer. This option could allow people to utilize green features such as green roofs,green streets,etc. as a substitute for the environmental benefits provided by trees. The full process for a discretionary urban forestry plan review option is included in Section 18.790.040. The review body (Planning Commission or hearings officer)will depend on whether there is a concurrent Type III review. For example,if an applicant for a Planned Development (Type III Planning Commission review) chooses to request a discretionary urban forestry plan review,the review body will be the Planning Commission. However,if an applicant for a Conditional Use Permit (Type III hearings officer review) chooses to request a discretionary urban forestry plan review, the review body will be the hearings officer. Finally,if an applicant does not have a concurrent Type III review(e.g. Subdivision,Minor Land Partition,etc.),yet chooses to request a discretionary urban forestry plan review,the review body will be the hearings officer. 66 City of'I'igard Urban Forestry Code Revisions I Volume I1 170 Code Amendments Type Permit/Land Cross-Reference(s) IIIB (18.390.050) Historic Overlay (Planning Comm.) - District Overlay 18.385.010.A; 18.740 - Removal of District Overlay 18.385.010.B; 18.740 Planned Development - With Subdivision 18.350.100; 18.430 - Without Subdivision 18.350.100 Zone Map/Text Change/Quasi-judicial 18.380.030.B Urban Forestry Plan - Discretivam Urban Forestry Plan Review 18.790.040 OI)tion IIIC (18.390.050) Downtown Design Review (Track 3) 18.610 (Design Review Board) IV (18.390.060) Annexation 18.320 Zone Map/Text Change/Legislative 18.380.020 'These may be processed as either Type II or III procedures,pursuant to Section 18.775.020.D and E. (Ord. 10-02 § 2; Ord. 09-13) 18.390.030 through 18.390.080 [No change.] 67 City of Tigard Urban Forestry Code Revisions I Volume II 1 71 Commentary 18.530 INDUSTRIAL ZONING DISTRICTS A minor amendment is required to the chapter to correct a cross reference to street trees and caliper. 18.530.050 Additional Development Standards The amendment corrects the cross reference to street trees and caliper. 68 City of Tigard Urban Forestry Code Revisions I Volume II 1 72 Code Amendments Chapter 18.530 INDUSTRIAL ZONING DISTRICTS Sections: 18.530.010 Purpose 18.530.020 List of Zoning Districts 18.530.030 Uses 18.530.040 Development Standards 18.530.050 Additional Development Standards 18.530.010 through 18.530.040 [No change.] 18.530.050 Additional Development Standards A. [No change.] B. Reduction of lot coverage requirements.Lot coverage may be increased from 75% to 80%as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20%of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: a. Street trees, as required by Section 18.745.040.AG4 are-te shall be installed with a minimum caliper of three inches rather th__ :_.t...,. .... ._.._..._.._a ftt four r in heigh � b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.050 shall be satisfied; I The applicant shall provide documentation of an adequate on-going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. C. [No change] 69 { City of Tigard Urban Forestry Code Revisions I Volume 11 173 r i I Commentary 18.610 TIGARD DOWNTOWN DISTRICT DEVELOPMENT AND DESIGN STANDARDS For consistency purposes,minor amendments are made to this chapter to cross reference Chapter 18.790 (Urban Forestry Plan) in sections 18.610.010.F(Submittal Requirements) and 18.610.035 (Additional Standards). 70 City of Tigard Urban Forestry Code Revisions I Volume II 1 74 Code Amendments Chapter 18.610 TIGARD DOWNTOWN DISTRICT DEVELOPMENT AND DESIGN STANDARDS Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Street Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives (to be used with Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.010 Purpose and Procedures A. through E. [No change.] 71 City of Tigard Urban Forestry Code Revisions I Volume II 1 75 Commentary 18.610.010 Purpose and Procedures Explicit reference to the urban forestry plan requirement is made in the submission requirement section. 18.610.015 -18.610.030 No changes are required to these sections as a result of the urban forestry code revisions. 72 City of Tigard Urban Forestry Code.Recisions Volume II 76 Code Amendments F. Downtown design review submittal requirements. 1. General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type II procedure, as governed by Section 18.390.040,or for a Type III procedure,as governed by Section 18.390.050. 2. Additional Information. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: a. An existing site conditions analysis; b. A site plan; c. A grading plan; d. A landscape plan; An urban forest 121an consistent with Chapter 18.790. e-L Architectural elevations of all structures;and f-.&A copy of all existing and proposed restrictions or covenants. 3. All drawings submitted with applications for development using Tracks 2 and 3 shall be stamped by a registered architect. Applications for landscaping projects only may be stamped by a registered landscape architect. Applications that require engineering or transportation reports must be stamped by the appropriate specialist. G. through K. [No change.] 18.610.015 through 18.610.030 [No change.] 73 City of Tigard Urban Forestry Code Revisions I Volume II 1 77 Commentary 18.610.035 Additional Standards The reference,to"Tree Removal" has been changed to"Urban Forestry Plan"consistent with the name change to Chapter 18.790. 18.610 TIGARD DOWNTOWN DISTRICT DEVELOPMENT AND DESIGN STANDARDS No changes to the standards in Sections 18.610.040 to 18.610.060. 74 City of Tigard Urban Forestry Code Revisions Volurne Il 78 Code Amendments 18.610.035 Additional Standards Applications must conform to all applicable standards in the following chapters: A. through H. [No change] I. Tree RemOVO4 Urban Forestry Plan(see Chapter 18.790). J. through L. [No change] 18.610.040 through 18.610.060 [No change.] 75 City of Tigard Urban Forestry Code Revisions Volume H 79 i. Commentary 18.620 TIGARD TRIANGLE DESIGN STANDARDS The Tigard Triangle has design standards that are in addition to the base standards in other chapters in the code. Among these are landscaping standards that specify additional size,species and location standards for the Tigard Triangle. Some of these standards are unclear,incomplete or inconsistent and the purpose of the revisions to this chapter is to clarify,correct and ensure consistency among the provisions. i; 76 r City of Tigard Urban Forestry Code Revisions Volume 111 80 Code Amendments CHAPTER 18.620 TIGARD TRIANGLE DESIGN STANDARDS Sections: 18.620.010 Purpose and Applicability 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.010 and 18.620.020 [No change.] 18.620.030 Site Design Standards A. Compliance. All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan must be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.370.010.C.2, governing criteria for granting a variance, is satisfied. 1. through 5. [No change.] 77 City of Tigard Urban Forestry Code Revisions I Volume II 1 81 Commentary 18.620.030 Site Design Standards The L-1 and L-2 standards in the design districts have been problematic because they are unclear. The amendments are intended to clarify the standards,provide additional space for tree growth,while retaining the original intent of the standards. The landscape setback for parking lots from streets has been increased from 5 to 8 feet to allow parking lot trees to be planted in the setback (consistent with the requirements in Chapter 18.745 and Section 13 of the Urban Forestry Manual) and have additional soil volume in the design district. The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal Code. 78 City offigard Urban Forestry Code Revisions I Volume II 1 82 Code Amendments 6. Parking location and landscape design - Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. If located on the side, parking is limited to 50% of the street frontage and must be behind a landscaped area constructed to an L-1 Landscape Standard. The minimum depth of the L-1 landscaped area is &e Meet or is equal to the building setback,whichever is greater. Interior side and rear yards shall be landscaped to au L-2 Landscape Standard, except where a side yard abuts a public street where it shall be landscaped to an L-1 Landscape Standard. See Diagram 2. a-Ains P-k;>ts L-2 Building Entrance Building Entrance 6'min. 0'-10' Setback L-I Pro atm Line Setback erg l ine aldewalk sidewalk Street Street Local Street D 1 t 1 1 FFP? I. 11 � I a � 5 I L-1 parkin e L-2 ' Min. 1 I �^ Building i � st ewalk— --Mln. Major or Minor Arfertal Setback 0'-10' Setback Tigard Triangle Street Plan—Diagram 2 18.620.040 Building Design Standards [No change] 79 City of Tigard Urban Forestry Code Revisions I Volume II 1 83 Commentary 18.620.050 Signs No change to Section 18.620.050. 18.620.060 Entry Portals In the Landscape and Street Standards (at the end of the existing chapter),it specified that columnar trees were required near entry portals. The amendment reiterates this requirement in the entry portal design requirement. 18.620.070 Landscaping and Screening The design districts have requirements that supersede the requirements in Chapter 18.745. These include the L-1 and L-2 requirements. The L-1 requirement is essentially an enhanced screen of the parking lot from the street. Larger than average trees are required to provide an immediate screen effect. The language has been modified to make the purpose of the requirements more clear. The term"major or minor arterial' has been changed to "public street" because the other design districts require an L-1 screen from public streets,so for consistency L-1 screens should be required in the Tigard Triangle. 80 City of Tigard Urban Forestry Code Revisions I Volume II 1 84 Code Amendments 18.620.050 Signs [No change.] 18.620.060 Entry Portals A. Required locations. Entry portals shall be required at the primary access points into the Tigard Triangle. 1. Location - Entry portals shall be located at the intersections of 99W and Dartmouth; 99W and 72nd; I-5 and Dartmouth; Hwy. 217 and 72nd; and at the Hwy. 217 Overcrossing and Dartmouth. 2. Design - The overall design of entry portals shall relate in scale and detail to both the automobile and the pedestrian. A triangle motif and at least 2 trees according to the L-2 standard shall be incorporated into the design of entry portals. 18.620.070 Landscaping and Screening A. Applicable levels. Two levels of landscaping and screening standards are applicable to the Tigard Triangle. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. 1. L-1 17ew Parking Lot Screen . The L-1 standard applies to setbacks on public streets minar ftrte I"ere The L-1 standard is in addition to other standards in other chapters of this title. The setback is shall be a minimum of -5 &feet between the parking lot and a public street. no xrteriA, L-1 trees shall be considered 12arkin2 lot trees and spaced between 30 and 40 feet on center within the setback. All L-1 trees shall be a minimum of p6nfed ftf- 3 '/z inch caliper at the time oc 70 feet an Shrubs shall be of a variety that will provided-a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. eredi= 81 City of Tigard Urban Forestry Code Revisions I Volume 111 85 Commentary 18.620.070 Landscaping and Screening The L-2 requirement is for all other required landscaping and requires larger than average trees to provide an immediate effect. The L-2 requirement is also intended to create cohesive tree designs for various locations in the district. In the landscape and street standards (at the end of the existing chapter),the various tree types and locations are specified. While the design elements have been retained, terminology has been revised to be consistent with the terminology used in the Urban Forestry Manual (small,medium,large,columnar trees),and the table has been moved closer to the L-2 code language to make cross referencing easier. The language has also been modified to make .the purpose of the requirements more clear. Table 18.620.1 L-2 Tree Standards The design elements of the landscape and street standards table (at the end of the existing chapter) have been retained. The terminology has been revised to be consistent with the terminology used in the Urban Forestry Manual (small,medium,large, columnar trees),and the table has been moved closer to the L-2 code language to make cross referencing easier. 82 City of Tigard Urban Forestry Code Revisions I Volume II 1 86 Code Amendments 2. L-2 General Landscaping - . The L-2 standard applies to all other trees and shrubs qu red by this hapter and Chapter 18.745 (except thouaired for L-1 Parkin Lot Screen), For trees and shrubs required by Chapter 18,745, the L.-2 standard is an additional standard. L-2 trees that are also street trees_ median trees_ and treesrequired to frame entry portals shall be selected in conformance with Table 18.620.1 below. If conformance with Table 18.620.1 is precluded b tihh sical constraints caused by public utilities or required p b i .improvements, the DLector may approve alternative elections. All-L-2-trees shall be pra,�-ided a a minimum D-L2-'/2 inch caliper at the time of planting, . Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. eredit. TABLE 18.620.1 L-2 TREE STANDAEDS General Tree Location Specific Tree Tvpe; i Street Tree 720 Avenue L r tre tT Dartmouth Sirca Street Tree Le-Avenue ColumnaLlrejas Sa=LT= A lap a Street Columnar Trees 5I=tT= Hampton St= Columnar Trees Street Tree 60 Avenue Lar2e StatureStrect Trees Street Tree Backaz $oa_d Even Mix of Large Medium,andSmall Sature Street Trees Street Tree All other local streets Medium abs ree Tr e Median Tree 72-Avenue Larze Stature Street T=-u Median Tree Lar[ze Stature Street Trees Median Tree Atlanta Street Largg=51U= Street Trees Median TreeHammon-Streetre S rStreet Portal Tree All required portals Columnar Trees 18.620.080 Street and Accessway Standards [Renumber Table 18.620.1 to Table 18.620.2] 18.620.090 Design Evaluation [No change.] When these tree tM es are rewired bay Chapter 18.620. 18.745_or 18.790.the L-2 Tree Standards apply. Additional specifications for s g and spacing are in the Urban Forec ry Maul. 83 City of Tigard Urban Forestry Code Revisions I Volume H 187 Commentary Landscape and Street Standards The design elements of the Landscape and Street Standards table have been retained and converted to table 18.620.1. The terminology has been revised to be consistent with the terminology used in the Urban Forestry Manual (small,medium,large,columnar trees),and the table has been moved closer to the L-2 code language to make cross referencing easier. 84 City o£Tigard Urban Forestry Code Revisions I Volume 11 188 Code Amendments Landscape and Street Standards Landscape Standards: Street Trees Street Name Street Tree type Min.Spacing Location 72' Avenue Broad-spreading 27 feel o.c. Between sidewalk and street Broad-spreading 27 feet o c. Ccnter median Dannmuth Succi Broad-s readin• 27 fat o e Set cen sdewalk and strcct 68"Avenue Columnar 22 lett o.c. Between sidewalk and street Broad-spreadingBivad-spreading 22 fat o.c. Center median anw Street Columnar 22 fat o-c. Between sidewalk and street Broad-spreading 22 feet o.c. Center median HamStreet Columnar 22 feet o.c. Between sidewalk and sl t Broad-spreadingBroad-spfcading 22 feet o.c. Center median W'Avcnu Broad-spreading 27 fat o.c. Between sidewalk a street on the west side of th street. Backage Road Brad-spreading 27 feet o.c. Bawacn sidcwa and sucet. Plant trees ret m and in clumps along the th side of the street. Provide of sDecies. Local Streets reading to 25 feel 22 feet o.c. Bet sidewalk and street Portals umnar 22 fat o c. Pla rtes to frame Portal res and architecture. Parking lots Br reading 1 per 7 spa= planter islands Broad ding 27 feet o.c. In setbacks Columnar 22 feet o.c. Tn setbacks where building tines preclude broad-spireadingtrees. 'All curb-side planting strips and medians slw be plant with lawn of groundcoror. Planter strips between the sidewalk and street along 72'"t Aven s be lawn except where paved areas extend to the curblinc and trot grata are provided around trots. fans on 68'"Avcnuc,Atlanta and Hampton shall have consistent lawn or groundcover plantings for tire length of the street with accents at intersections. It 4 -♦r Broad-sading Street Tree Columnar Street Tree Sprea Street Tree Tigard Triangle Street Plan Details 85 City of Tigard Urban Forestry Code Revisions I Volume II 1 89 Commentary Tigard Triangle Street Plan The parking lot setback requirement has been revised to show an 8 foot rather than a 5 foot setback per the revised L-1 standard. 86 City of Tigard Urban Forestry Code Revisions I Volume II 190 Code Amendments Landscape and Street Standards tl . C Curb extension and concrete intersection at at intersections on Major and Minor Arterials. • S � c N plan = Typical landscape and parking at minimum setback Tigard Triangle Street Plan Details City of Tigard Urban Forestry Code Revisions I Volume II 1 91 Commentary 18.630 WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS The Washington Square Regional Center has design standards that are in addition to the base standards in other chapters in the code. Among these are landscaping standards that specify additional size, species and location standards for the Washington Square Regional Center. Some of these standards are unclear,incomplete or inconsistent and the purpose of the revisions to this chapter is to clarify, correct and ensure consistency among the provisions. ss City of Tigard Urban Forestry Code Revisions I Volume II 1 92 Code Amendments Chapter 18.630 WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS Sections: 18.630.010 Purpose and Applicability 18.630.020 Development Standards 18.630.030 Pre-existing Uses 18.630.040 Street Connectivity 18.630.050 Site Design Standards 18.630.060 Building Design Standards 18.630.070 Signs 18.630.080 Entry Portals 18.630.090 Landscaping and Screening 18.630.100 Street and Accessway Standards 18.630.110 Design Evaluation 18.630.010 through 18.830.040 [No change.] 89 City of Tigard Urban Forestry Code Revisions Volume II 93 Commentary 18.630.050 Site Design Standards The L-1 and L-2 standards in the design districts have been problematic because.they are unclear. The amendments are intended to clarify the standards,provide additional space for tree growth,while retaining the original intent of the standards. The landscape setback for parking lots from streets has been increased from 5 to 8 feet to allow parking lot trees to be planted in the setback(consistent with the requirements in Chapter 18.745 and Section 13 of the Urban Forestry Manual) and have additional soil volume in the design district. The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal Code. 90 City of Tigard Urban Forestry Code Revisions I Volume II 1 94 Code Amendments 18.630.050 Site Design Standards A. Compliance. All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan may be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.370.010.C.2, governing criteria for granting a variance, is satisfied. 1.through 4. [No change.] 5. Parking location and landscape design. a. Purpose. The emphasis on pedestrian access and a high quality streetscape experience requires that private parking lots that abut public streets should not be the predominant street feature. Where parking does abut public streets, high quality landscaping should screen parking from adjacent pedestrian areas. b. Standard. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage and must be behind a landscaped area constructed to an L-1 landscape standard. The minimum depth of the L-1 landscaped area is fwe gighLfeet or is equal to the building setback,whichever is greater. Interior side and rear yards shall be landscaped to an L-2 landscape standard, except where a side yard abuts a public street,where it shall be landscaped to an L-1 landscape standard. 91 P' r City of Tigard Urban Forestry Code Revisions Volume 11195 Commentary 18.630.090 Landscaping and Screening The design districts have requirements that supersede the requirements in Chapter 18.745. These include the L-1 and L-2 requirements. The L-1 requirement is essentially an enhanced screen of the parking lot from the street. Larger than average trees are required to provide an immediate screen effect. The language has been modified to make the purpose of the requirements more clear. The L-2 requirement essentially requires that any trees required to be planted in Washington Square Regional Center be 2 t/2 caliper at planting to provide a more immediate effect. The language has been clarified to reflect this. P V 92 City of Tigard Urban Forestry Code Revisions Volume II % ti _ _ Code Amendments 18.630.060 through 18.630.080 [No change.] 18.630.090 Landscaping and Screening A. Applicable levels. Two levels of landscaping and screening standards are applicable. The locations were the landscaping or screening is required and the depth of the landscaping or screening are defined in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. 1. L-1 LawParking Screen. Tile—L-1 standard applies to setbacks on »ublic streets. , ftnd where parking lots itbut publie streets. The L-1 standard is in addition to other standards in other chapters of this title. `N The setback is shall be a minimum of§ 8-feet between the parking lot and a street, L-1 trees shall be considered parking lot trees and snac ed betwe n 30 and 40 feet on center within the setback, All L-1 trees shall be p}artedit a minimum of 3'/2 inch caliper at the time of lantin ., -, ffift-4---_.,.,. 19 �Q feet an eente- Shrubs shall be of a variety that will provide a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. 2. L-2 General Landscaping. . The L-2 standard al2phes to all other trees and shrubs required by this chapter and Chapter 18.745 (excet2t those required for the L-1 Parking Lot Screen), For trees and shrubs required by Cha ter 18.745, the L-2 standard is an additional standard. itt ftdditiatt, Ft ffifitffum All T-2 treeh Il b 2'/z inch caliper at the time of planting., Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. 18.630.100 and 18.630.110 [No change] 93 City of Tigard Urban Forestry Code Revisions I Volume 11 197 is Commentary 18.640 DURHAM QUARRY DESIGN STANDARDS The Durham Quarry Design Standards generally apply to the area known as Bridgeport Village. The proposed amendments to the Durham Quarry Design Standards Chapter include: Sections 18.640.700 and 800 have been retitled consistent with the updated applicable code sections for sensitive lands and urban forestry plan. 94 City of Tigard Urban Forestry Code Revisions I Volume ll y 98 Code Amendments Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS Sections: 18.640.010 Purpose 18.640.020 Permitted Uses 18.640.030 Conditional Uses 18.640.040 Applicability 18.640.050 Development Standards 18.640.060 Determining Net Acres 18.640.070 Signs 18.640.080 Reserved 18.640.090 Reserved 18.640.100 Access 18.640.200 Design Standards 18.640.300 Design Compatibility Standards 18.640.400 Landscaping and Screening 18.640.500 Off-Street Parking and Loading 18.640.600 Environmental Standards SAA Sensitive Lands 18.640.800 Wetlands Proteefiett n".._:...Urban Forestry Plan 18.640.010 through 18.640.100 [No change.] 95 City of Tigard Urban Forestry Code Revisions I Volume II 1 99 P f I I Commentary h 18.640.200 Site Design Standards The landscape setback for parking lots from streets has been increased from 5 to 8 feet to allow parking lot trees to be planted in the setback (consistent with the requirements in Chapter 18.745 and Section 13 of the Urban Forestry Manual) and have additional soil volume in the design district.The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal Code. 96 Ci d ofT' az Urban Forestry Revisions Volume II IW rores Coed Code Amendments 18.640.200 Design Standards A. [No change.] B. Site design standards. Development shall meet the following site design standards. 1. through 4. [No change.] 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way shall be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified where this requirement applies. If located on the side, parking is limited to 50% of the street frontage and must be behind a landscaped area constructed to an L-1 Landscape Standard. The minimum depth of the L-1 landscaped area is €We gig Lfeet or is equal to the building setback,whichever is greater. Interior side and rear yards shall be landscaped to an L-2 Landscape Standard,except where a side yard abuts a public street, where it shall be landscaped to an L-1 Landscape Standard. See Section 18.640.200.D. i t 97 City of Tigard Urban Forestry Code Revisions Volume II 1 101 Commentary 18.640.200 Site Design Standards The L-1 and L-2 standards in the design districts have been problematic because they are unclear. The L-1 requirement is essentially an enhanced screen of the parking lot from the street. Larger than average trees are required to provide an immediate screen effect. The language has been modified to make the purpose of the requirements more clear. The L-2 requirement essentially requires that any trees required to be planted in Bridgeport Village be 2 t/2 caliper at planting to provide a more immediate effect. The language has been clarified to reflect this. No changes to Sections 18.640.300 through 18.640.600. 18.640.700 Sensitive Lands, see Chapter 18.775 The revision reflects the existing chapter title to correct a scrivener's error. 18.640.800 Urban Forestry Plan,see Chapter 18.790 The revision reflects the revised chapter title. 98 City of Tigard Urban Forestry Code Revisions I Volume II 1 102 Code Amendments C. [No change.] D. Landscaping and screening. 1. Applicable levels. Two levels of landscaping and screening standards are applicable. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in Section 18.640.400. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. a. L-1 lowkin lot screen. Thr—L-1 standard applies to setbacks on 12ubhc arteria . The 1 -1 standard is in addition tooh standards in other chapters of this tide. Where ,e Thc-setback is. shall be a minimum of&e gighLfeet between the parking lot and a public street. rnftjor or tmttar arterifti;gees 1.-1 trees shall be considered r i 8-lQt trees and spaced between 30 and 40 feet on center within the setback. All L-1 trees shall be Piftnted ft a minimum of 3 '/a inch caliper at the time of :lanting. of 28 feet an eenter. Shrubs shall be of a variety that will provide a three- foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. b. L-2 general landscaping. The L-2 standard applies to all other trees and shrubs required by this chapter and Chapter 18.745 (except those wired for the L-1a; rking lot screen), For trees and shrubs required by Chapter 18.745. the L-2 standard is an additional standard. itt ftdditian, All T"2 trees shall be 2 '/a inch caliper at the time of plantina. , Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. 18.640.300 through 18.640.600 [No change.] 18.640.700 Sensitive Lands, see Chanter 18.775Distriet, see Ghapter 18.77-9 18.640.800 Urban Forestry Plan, see Chanter 18.790 `P'edands Proteeti ~ Dist_:..t, see Chapter 18.7-7-5 99 City of Tigard Urban Forestry Code Revisions I Volume 111 103 Commentary 18.715 DENSITY COMPUTIONS Section 18.790.050.D.1 allows a reduction in minimum density for the preservation of a significant tree grove. This allowed reduction in minimum density is reflected in this chapter. The term"gross acres" (and the corresponding explanation of what gross acres are) has been simplified with the term"total site acres". M) r. City ofTigatd Urban Forestry Co&Revisions Volume 111 104 Code Amendments Chapter 18.715 DENSITY COMPUTATIONS Sections: 18.715.010 Purpose 18.715.020 Density Calculation 18.715.030 Residential Density Transfer 18.715.010 Purpose A. Pigpose. The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. 18.715.020 Density Calculation A. Definition of net development area. Net development area,in acres, shall be determined by subtracting the following land area(s) from the total site gfess acres,---hie *" 19`the !aftd ineluded in the legft!deseription of the property to be developed: 1. All sensitive land areas: a. Land within the 100-year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways,and d. Wetlands, e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard Siw3ificant Tree Grove Mad' or"Significant Habitat Areas Map"; 2. through 5. [No change.] B. and C. [No change.] 18.715.030 [No change.] 101 City of Tigard Urban Forestry Code Revisions I Volume 1I 1 105 Commentary 18.745.010 Purpose A scrivener's error has been corrected because the chapter is intended to enhance the aesthetic and environmental quality of the city. Protection of existing street trees during new development is addressed through Chapter 18.790 and Section 10 of the Urban Forestry Manual. The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Tide 8,Tide 18 and other applicable titles in the Tigard Municipal Code. 18.745.020 Applicability The existing applicability section is too broad because it says it applies to all development. The proposed applicability conforms to current practice by applying the standards to Type I Conditional Use and Site Development Review Minor Modifications,and Type 1I and III land use reviews. The new soil volume requirements would apply to a more limited list of Type 11 and III land use reviews outlined in Section 18.745.040.A.4 for street trees and Section 18.745.050.E for parking lot trees. The section explicitly requires trees in 18.745 to be included and subject to all of the requirements of a concurrent urban forestry plan (per 18.790). 102 City of Tigard Urban Forestry Code Revisions I Volume 111 106 Code Amendments Chapter 18.745 LANDSCAPING AND SCREENING Sections: 18.745.010 Purpose 18.745.020 Applicability 18.745.030 General Provisions 18.745.040 Street Trees 18.745.050 Buffering and Screening 18.745.060 Re-vegetation 18.745.010 Purpose A. P=ose.The purpose of this chapter is to establish standards for landscaping,buffering,and screening of land use within Tigard in order to enhance the aesthetic and-environmental quality of the City: 1. By rr_`=r= ____ng _`r__` trees --a requiring the planting of street trees in new developments; 2. through 4. [No change.] 18.745.020 Applicability A. Applic�y. The provisions of this chapter shall apply to all development that requires-a Use Nfinor Modification_ a TiMe I Site Development Review Mino Modification_ any L e II land use review or any yj2e III land use reviewitteluding the unless otherwise specified in any of the sections below. B. When urban forestrzplan concurrena,apply. When the provisions of Chapter 18,790, Urban Forestry Plan_ concurrently aply, trees required by thishapter shall be included in the urban forestry elan and subject to all of the requirements in .ha t=er 18.790. > Site Development Review, do not itpply, the Pireeter 9614 approve, approve with 103 City of Tigard Urban Forestry Code Revisions I Volume II 1 107 Commentary 18.745.030 General Provisions The general provisions are modified to clarify that applicable industry standards (including tree care industry standards) shall be used to determine what constitutes acceptable maintenance. Throughout the chapter,the term"landscaping and screening"is used to refer to items required by Chapter 18.745,and the term"plants"is used to refer to trees,shrubs and groundcover. 6 i 104 Citta of Tigard Urban Forestry Code Re-.isions Volume 11 108 Code Amendments C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.745.030 General Provisions A. Maintenance Resgons� Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the 2agpja&maintenance of all landscaping and screening used to meet the requirements of this chapter according to a1212Licable industry standards.whieh shall be mftintftined in geed repftired fts neeessftry, atid shall be kept free from refitge and deb-4 B. by-pruni�, )fherwise so • 4. EB.Installation requirements. The installation of all landscaping and screenn2 resluired by this aha shall be as follows: 1. All landscaping and screening shall be installed according to applicable industry ;ataadards fteeepted piftnting preeedetes; 2. The piftnt materiEds shall be of high grade, and shall meet the size and grading standards of the American Standards for berg Ix Stock (ANSI Z60, 1- 4}8620(a,and any future revisions);and 3. All L—landscaping and screening shall be installed in accordance with the provisions of this title. P. Certificate of occupancL Certificates of occupancy shall not be issued unless the hrxdseapin requirements of this chanter have been met or other arrangements have been made and approved by the City such as the posting of a bond. ED-. Protection of existing ants yegetmian. Existing mienlimon a site shall be protected as follows metteh fts possible: 1. The developer shall provide methods for the protection of existing vegewia" ants_to remain during the construction process;*ad 2. The plants to remain be-saved shall be noted on the landscape plans (egl,�, Rreas Ls—ftot--�� to remain can be shown as 1rotected with fencing- and fetteed, 105 City of Tigard Urban Forestry Code Revisions I Volume II 1 109 Commentary 18.745.030 General Provisions While snow fencing,etc. may be used to preserve existing shrubs and groundcover,an explicit cross reference is made to the tree preservation requirements in Chapter 18.790. A link is drawn between the regulations in Chapter 18.745,and other applicable rules in other chapters of the code. This includes regulations related to hazard trees, street trees,urban forestry plan requirements, etc. 18.745.040 Street Trees In accordance with existing practice, street trees are required as part of the approval process for Conditional Use (Type III), Downtown Design Review (Type II and 111), Minor Land Partition (Type 11),Planned Development(Type III), Site Development Review(Type 11) and Subdivision (Type II and III) permits. The minimum number of street trees required is based on the project's street frontage and must conform to the planting requirements in Section 2 of the Urban Forestry Manual and the soil volume requirements in Section 12 of the Urban Forestry Manual. The soil volume requirements outlined in Section 12 of the Urban Forestry Manual are based on the width of the non-street portion of the right of way. Soil volume requirements can be met through the use of engineered soil under pavement(covered soil volume) if designed,inspected and documented by a landscape architect. Otherwise, soil volume requirements can be met by planting trees in landscape areas with sufficient soil. 106 City of Tigard Urban Forestry Code Revisions I Volume 11 1 110 Code Amendments 3 The tree protection provisions outlined in Chanter 18.790 and the Urban Forestry Manual balla12ply to the land use review types identified in Section 18,790.020.A. F Ongoing tree related rules and regulations Anv trees used to meet the requirements of this chap ter shall be subject to all aopli abl r �related rules and reaations in other chal2ters and titles of the Tigard Municipal Code and Tigard Development Code. ing mitterials shaD be provided by, the owner of deve4epment-. 18.745.040 Street Trees A. Street Tr e S andard . 1, Street trees shall be required as part of the alnroval l2o -e s for .on ition 1 Use (Iwe III), Downtown Design Review CLMe IT and III), Minor Land Partition (T ne IIl Planned Development IIII_ Site Development Review C[We L and Subdivn (Type II and III ermits. I The minimum number of required st=et trees shall be determined 12y dividingthe linear amount of street frontage within or adjacent to the site an feet by 40 feet. When the result is a fraction the minimum number of required street trees shall be determined by rounding to the nearest whole number. 3, Street trees re uuired by this section shall be planted according to the standards in Section 2 of the Urban Forestry Manual, 4. Street trees required by this section shall be provided adequate soil volumes according to the standards in Section 12 of the Urban Foresi nal. I Street trees required by this section shall be planted within the right of way whenever practicable according to the standards in Section 2 of the Urban Forestry Manual. Street trees may be_planted no more than 6 feet from the right of way according to the standards in Section 2 of the Urban Fores= Manual when 121anting within the right of way is not practicable. 107 City of Tigard Urban Forestry Code Revisions I Volume II 1111 Commentary 18.745.040 Street Trees Existing trees are allowed as street trees if they would be permitted as newly planted trees and they are adequately protected through the urban forestry plan requirements in Chapter 18.790. This would occur as a technical decision without requiring an adjustment permit in order to incentivize preservation of existing trees. If the required number of street trees cannot be provided,a fee in lieu of planting option is available to cover the city's cost of planting. The existing provisions for street trees will be replaced with the new provisions which are primarily in Sections 2 (street tree planting standards) and 12 (street tree soil volume standards) of the Urban Forestry Manual. 108 City of Tigard Urban Forestry Code Revisions I Volume II 1 112 Code Amendments An existing tree maybe used to meet the street tree standards provided that: a The largest 12ercentaae of the tree trunk immediately above the trunk flare or root buttresses is either within the subiect site or within the rieht of way immediately adjacent to the subiect si e: b The tree would be permitted as a street tree according to the standards in Sections 2 and 12 of the Urban Forestry Manual if it were newly planted:and c The tree is shown as reserved in the Tree Preservation and Removal site plan (i2e 18.790.030.A.2)_Tree Canopy Cover site 121an (}er 18.790.030.A.3) and suP lementa rel2ort (,per 18 790.030 A.4) of a concurrent urban fores= 121an and is eligible for credit towards the effective tree canopy cover of the site. 7 In cases where it is not practicable to provide the minimum number of required street trees the Director may allow the applicant to remit prment into the Urban Forestry Fund for tree plan 'ng and early establishment in an amount equivalent to the City's cost to plant an maintain a street tree for three (3)ea per the standards in Section 2 of the Urban Forestry Manual) for each tree below the minimum regl�ed. , L;�te Apiirfmmmy more than 100 feet in length ap he ftdoptieft aq 4-:Okis $-:i 4--P i ed to piftnt street trees in iteeordanee with the stftndards ift Seetiait 4o 74c non B. Street tree f3ifttttift& li t. Gertftitt trees eftn severely dftmftge titilities, streets md sidev'FlAl Pireeter. Q c:s!e _a sefteifte of street trees. Seel.:,.n o enc nen n t_..4&-__ 2. The speeifie spfteing of street trees by site of tree shig be fts fol4ows! ft. SmftH or nftrrew stftture trees ttftder 25 feet t*4 and less than 46 feet wide brftnehiftg b. Medium sized trees 25 feet to 40 feet 109 City of Tigard Urban Forestry Code Revisions I Volume II 1 113 Commentary 18.745.040 Street Trees Strikethroughs of existing street tree provisions continued. The existing provisions for street trees will be replaced with the new provisions which are primarily in Sections 2 (street tree planting standards) and 12 (street tree soil volume standards) of the Urban Forestry Manual. 110 City of Tigard Urban Forestry Code Revisions Volume 11 114 Code Amendments e. hftrge trees Ewer 40 feet fftH ftnd more fhftn 35 feet wide brftnehing at niaturity shftH 9freef free; ., the tree wel, tree ell. h. Street trees 9h94 nof be piftnted 6aser thfttt 20 �eet to light , i. New light statidEtrds shall not be positioned eloser thfttt 20 feet to e�6s €eet, , it. Trees shftH not be planted within two feet frain the fitee of the eurb-,ttnd wftHe*-*Y: P. Pruning requirements.. Trees, ftq they, grew, shftH be pruned to pro-vide ftt leftst eight fe E. Gut and fiH ftround e Existing trees m*y be used as street trees if tie eutaing 0 Ring t-ftkes P-10--pep the drip hfte of the tree w-Aesq an ftdjtt re-ved by, th eriterift in Seet:o_ 10 27n 02O n . 11] City of Tigard Urban Forestry Code Revisions I Volume II 1 115 i Commentary 18.745.050 Buffering and Screening Buffers are required between incompatible land uses. Trees are required in the buffer,and the language and spacing requirements for buffer trees has been revised to be consistent with the requirements in the Urban Forestry Manual. 112 City of Tigard Urban Forestry Code Revisions I Volume 111 116 Code Amendments F. Rephteeffient of stgeet trees..Existing street trees remEwed by development the-r pro-ved by the Pireeter. , 18.745.050 Buffering and Screening A. General provisions. [No change.] B. Buffering and screening requirements. 1. through 3. [No change.] 113 City of Tigard Urban Forestry Code Revisions I Volume II 1 117 r Commentary 18.745.050 Buffering and Screening Buffers are required between incompatible land uses. Trees are required in the buffer,and the language and spacing requirements for buffer trees has been revised to be consistent with the requirements in the Urban Forestry Manual. i' 114 L t City of'I tgard Urban Forestry Code Revisions Volume I1 118 Code Amendments 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition,improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall be chosen from any of the tree lists in the Urban Forestry Manual (except the Nuisance Tree Listl unless otherwise a1212roved by the Director and have a minimum caliper of t-we 1'/z inches -mei in height ftb — ie for deciduous trees and a minimum height of fwe feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small stature or columnar trees, tinder " feet `-tt or less ti.,._„ feet wide at mitettrity shall be spaced no less than 15 feet on center and ai—€ardwf r r than 4§2&feet on center sem. (2) Medium-sib stature trees between 25 feet to 40 feet t..,, .._a _ .:.i.,_ feet to 3 shall be spaced no less than 20 feet on center and _greater than 30 feet on center apses. (3) Large , a tr trees,twer 40 feet taN ftftd with more dtfttt 35 feet wide bra"ehifig at shall be spaced no less than 30 feet on center and no greater than 30 N feet on center epa-. b. In addition,at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area. c. The remaining area shall be planted in lawn or other living ground cover. 5. through 9. [No change.] C. and D. [No change.] r 115 r City of Tigard Urban Forestry Code Revisions Volume H 119 Commentary 18.745.050 Buffering and Screening Special screening standards require trees in parking lots. Language has been added to specify that non-conforming screening in parking lots shall not be allowed to become any less conforming(through a Type I land use permit for example). Screening in parking lots will be required to be brought into conformance when issuing major development permits (Type II and III). The parking lot screening requirements have been revised to require 30 percent actual canopy cover (directly above the parking area) rather than one tree for every seven parking spaces. Requiring canopy more directly relates to the city's urban forestry goals,whereas requiring a certain number of trees per parking spaces can be met by deleting parking spaces (rather than planting trees). Section 13 of the Urban Forestry Manual is referenced for more detailed parking lot tree, soil volume and canopy plan requirements. Parking lot tree canopy plans are required to be designed,inspected and documented by a landscape architect unless an arborist can meet the requirements through a concurrent urban forestry plan per Chapter 18.790. Soil volume requirements can be met through the use of engineered soil under pavement (covered soil volume) if designed,inspected and documented by a landscape architect. Otherwise, soil volume requirements can be met by planting trees in landscape areas with sufficient soil. 116 City of Tigard Urban Forestry Code Revisions I Volume II 1 120 Code Amendments E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. In no cases shall noncon(o Wg screeningof tarking and loading areas le. nonconforming situation) be taermitted to become ami less conforming. Nonconforminggree.ng of p ar i g and loading areas shall be brought into conformance with the provisions of this cha ter as 1L of the approval process for Condition Use MVe III), Downtown Design Review Mpe II and III)_ Planned Development M12 e 111)_ and Site Development Review Mpg II)nermit�The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view.These design features may include the use of landscaped berms,decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Allap rking areas_ includina 12arkina�soaces and aisles, shall be required to achieve at least 30% tree canopy cover at maturity directly above the j2arLjgg=g=&=jg accordance Nvith the Parking Lot Tree Canonv Standards in Section 13 of the Urban Forestry Manual. --I be piftnted in htndseaped islands in and (5) The ffit�mum dimension of the iftndseape islands shaA be thtee feet ffad the 2. through 4. [No change.] F. Buffer Matrix [No change.] 117 City of Tigard Urban Forestry Code Revisions Volume 111 121 Commentary 18.745.060 Re-vegetation For consistency,the term"landscaping and screening"is used to refer to the requirements in Chapter 18.745. A cross reference has been added to require soil stockpiling consistent with an approved urban forestry plan per 18.790. When there is no urban forestry plan, soil stockpiling shall be outside the driplines of existing trees. TABLE 18.745.1,BUFFER MATRIX Table 18.745.1 is unchanged. lls City of Tigard Urban Forestry Code Revisions I Volume II 1 122 Code Amendments 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping and screening requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway;and 1. Such storagemfty-net be located consistent with an a 2nroved urban forestry lan ner Chapter 18.790 or outside the tree canopy drilines--here it---6t4d eattse suffeeatia of root systemsof trees intended to be preserved in cases when there thisis no approved urban forests plan;and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of Re-vegetation [No change.] TABLE 18.745.1 BUFFER MATRIX [No Changes to this Table] 119 City of Tigard Urban Forestry Code Revisions I Volume II 1 123 Commentary Table 18.745.2,BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [1] Specific buffers are required based on the level of incompatibility of adjacent land uses by Table 18.745.1 (Buffer Matrix). The specifications for tree planting in Table 18.745.2 have been revised for compatibility with Section 18.745.050.B and the standards in the Urban Forestry Manual. Footnote 2 provides a cross reference to the more detailed spacing standards in Section 18.745.050.B.4. Existing footnote 2 has been struck because there is no adjustment process for buffer trees (scrivener's error). 120 City of Tigard Urban Forestry Code Revisions I Vo]urne 11 1 124 Code Amendments TABLE 18.745.2 BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [1] Options Width Trees[21 Shrubs or Screening (feet) (per linear feet of Groundcover buffer 1 -- 10 -- Lawn/ -- hying groundcover B -- 10 2015 min/-W 4Q'max Lawn/ -- spacing living groundcover 1 10 Shrubs 4' hedges (: 2 8 15'min/V 4Q max Shrubs 5' fence spacing 6 Shrubs 6'wall 1 20 Shrubs 6'hedge 1) 2 15 4a 1L`tnin/-20!4Q'_ Shrubs 6' fence max spacing 3 10 Shrubs 6'wall 1 30 444!.15_min/W--AT Shrubs 6'hedge or max spacing fence I: 25 Shrubs 5'earthen berm or wall F -- 40 44 LT-lnin/20=4SZ Shrubs 6'hedge, fence, max spacing wall or berm [1] Buffers are not required between abutting uses that are of a different type when the uses are separated by a street as specified in Section 18.745.050.A.2. �Z Spacing of trees depends on sta_wre_see Section 18.745.05P Adjustments from the "t.4- eft-n-h.-P abtftiaed-,see Seetion 0.B.4. . 121 City of Tigard Urban Forestry Code Revisions I Volume II( 125 Commentary Table 18.745.2,BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [2] Illustrations left unchanged. 122 City of Tigard Urban Forestry-Code Revisions Volume 11 126 Code Amendments lnruwdroJcM' -(rear, .. (a�(utaaAG9UU� ID s fifi `Orae(�y '(YUh A-A 5�+v 7 ' .�/c/(µ-} �rCA�i vUMi 'rVCeG � 'fvyab / � 1�cncv{ V�s14 _�jLti�u{�., �c �j bl,.wlse .`'7/)a 'telj l�p t 'fruc� �Ylih �YGd 4 rf tea;e fi Yf It ylti.�d,y pec y(1ru4� ��`I b � �ps� sle ykrwer� kG�r-b9 123 v City of Tigard Urban Forestry Code Revisions Volume II 127 Commentary 18.775 Sensitive Lands Chapter 18.790 specifies that urban forestry plans are required for Type II and III Sensitive Lands Reviews. After reviewing existing project types and conditions,it was determined that Type II and III Sensitive Lands Reviews have consistent and tangible impacts on trees. Consistent with the approval criteria for other land use permits,reference to"compliance with all applicable requirements of this title" has been added to each of the approval criteria for each sensitive lands permit type. This cross reference provides a link back to chapter 18.790 to ensure the urban forestry plan standards are met for Type II and III Sensitive Lands Reviews. 124 City of Tigard Urban Forestry Code Revisions I Volume 11 1 128 Code Amendments Chapter 18.775 SENSITIVE LANDS Sections: 18.775.010 Purpose 18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming 18.775.030 Administrative Provisions 18.775.040 General Provisions for Floodplain Areas 18.775.050 General Provisions for Wetlands 18.775.060 Expiration of Approval: Standards for Extension of Time 18.775.070 Sensitive Land Permits 18.775.080 Application Submission Requirements 18.775.090 Special Provisions for Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek 18.775.100 Adjustments to Underlying Zone Standards 18.775.110 Density Transfer 18.775.120 Variances to Section 18.775.090 Standards 18.775.130 Plan Amendment Option 18.775.140 Significant Habitat Areas Map Verification Procedures 18.775.010 through 18.775.060 [No change.] 125 City of'rigard Urban Forestry Code Revisions I Volume II 1 129 Commentary 18.775.070 Sensitive Lands Permits Consistent with the approval criteria for other land use permits,reference to"compliance with all applicable requirements of this title" has been added to the approval criteria for sensitive lands permits within the 100-year floodplain. This cross reference provides a link back to chapter 18.790 to ensure the urban forestry plan standards are met for Type II and III Sensitive Lands Reviews within the 100-year floodplain. Consistent with the approval criteria for other land use permits,reference to"compliance with all applicable requirements of this title" has been added to the approval criteria for sensitive lands permits on steep slopes. This cross reference provides a link back to chapter 18.790 to ensure the urban forestry plan standards are met for Type II and III Sensitive Lands Reviews on steep slopes. Consistent with the approval criteria for other land use permits,reference to"compliance with all applicable requirements of this title" has been added to the approval criteria for sensitive lands permits within drainageways. This cross reference provides a link back to chapter 18.790 to ensure the urban forestry plan standards are met for Type II and III Sensitive Lands Reviews within drainageways. Consistent with the approval criteria for other land use permits,reference to"compliance with all applicable requirements of this title" has been added to the approval criteria for sensitive lands permits within wetlands. This cross reference provides a link back to chapter 18.790 to ensure the urban forestry plan standards are met for Type II and III Sensitive Lands Reviews within wetlands. 126 City of Tigard Urban Forestry Code Revisions I Volum I1 1 130 Code Amendments 18.775.070 Sensitive Land Permits A. Permits required.An applicant,who wishes to develop within a sensitive area,as defined in Chapter 18.775,must obtain a permit in certain situations.Depending on the nature and intensity of the proposed activity within a sensitive area,either a Type II or Type III permit is required,as delineated in Sections 18.775.020.F and 18.775.020.G.The approval criteria for various kinds of sensitive areas,e.g., floodplain,are presented in Sections 18.775.070.B- 18.775.070.E below. B. Within the 100-year floodplain.The Hearings Officer shall approve,approve with conditions or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 1. Compliance with all of the applicable requirements of this rite: Renumber 1. through 7. as 2. through 8. C. With steep slopes.The appropriate approval authority shall approve,approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. Coml2hance with all of the applicable requirements of this tide: Renumber 1. through 4. as 2. through 5. D. Within drainaeeways.The appropriate approval authority shall approve,approve with conditions or deny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: 1. Compliance with all of the annlicable requirements of this tide: Renumber 1. through 7. as 2. through 8. E. Within wetlands.The Director shall approve,approve with conditions or deny an application request for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. Comi2liance with all of the applicable requirements of this tide: Renumber 1. through 8. as 2. through 9. 127 City of Tigard Urban Forestry Code Revisions I Volume 11 1131 r Commentary 18.775.080 Application Submission Requirements Because the urban forestry plan standards are required to be met for Type II and III Sensitive Lands Reviews,an urban forestry plan is listed in the application submission requirements for Type II and III Sensitive Lands Reviews (18.775.020.F and G). 128 City of Tigard Urban Forestry Code Revisions I Volume II 1 132 Code Amendments 18.775.080 Application Submission Requirements A. Application submission requirements.All applications for uses and activities identified in Sections 18.775.020.A-18.775.020.G shall be made on forms provided by the Director and must include the following information in graphic,tabular and/or narrative form. The specific information on each of the following is available from the Director: 1. A CWS Stormwater Connection permit; 2. A site plan; 3. A grading plan;and 4 An urban forestrz 121an 12er chanter 18,790 (for 18 775.020.F and G only :an 45. A landscaping plan. 18.775.090 through 18.775.140 [No change.] t: 129 City of Tigard Urban Forestry Code Revisions VoUune II 133 i Commentary 18.790 Urban Forestry Plan The chapter title has been revised from"Tree Removal' to"Urban Forestry Plan" to better reflect the intent of chapter which is to create a plan to enhance the urban forest through the development process rather than to simply remove trees. The guiding principles for Urban Forestry Standards for Development are in Volume I of the legislative adoption package for the Urban Forestry Code Revisions. These guiding principles represent the consensus view of the citizen advisory committee that advised staff on the Urban Forestry Code Revisions. 18.790.010 Purpose The purpose has been simplified to cross reference the Comprehensive Plan and Urban Forestry Master Plan. Both documents provide the detailed policy basis for the extensive revisions to Chapter 18.790. 130 City of Tigard Urban Forestry Code Revisions I Volume II 1 134 Code Amendments Chapter 18.790 TREE RENIOVA URBAN FORESTRY PLAN Sections: 18.790.010 Purpose 18.790.020 Defiftitions Annlicability �R 18.790.030 Tree Plan Urban Forestry Plan Requirements 18.790.040 ince byes for Tree Retention DiscretionarF Urban Forestry Plan Review 18.790.050 Permit Appliesbility Flexible Standards for Tree Planting-and Preservation 18.790.060 illegal Tree Remova Urban Forestry Plan Implementation 18.790,070 Modification to the Urban Forestry Plan Component of an Approved Land Use Permit 18.790.010 Purpose Purpose The numose of this chanter is to iml2kment the City's urban forestry_2oals articulated ;n the Comp ehensive Plan at recommended by the Urban Fore 4 Master Plan. benefits from it iftrge number of frees. 44tese frees of vatied "es add to the itesthetie > help eeatre4 eresiefi-11"ftmEftift remev_t ori _ . ; , , 1 21- _r'-' development it m*y be tteeessftry t- order to --fleeE)FPAflE)dftte stmet-ares, streets utilities, ftttd at-her needed or reqti4ed imprw qqtq.044:14in eieve4epfftenxt-. 131 City of Tigard Urban Forestry Code Revisions I Volume 111 135 Commentary 18.790.020 Applicability This section is renamed to Applicability. Urban forestry plans will be required for larger(Type II or III) development project types (Minor Land Partitions,Subdivisions,Conditional Use Permits,Site Development Reviews,Planned Developments,Downtown Design Reviews and Sensitive Lands Reviews). After reviewing existing project types and conditions,it was determined that only the larger project types identified above have the most consistent and tangible impacts on trees. All of the larger project types currently require tree plans and a project arborist except Type II or III Downtown Design Reviews and Sensitive Lands Reviews. Type II or III Downtown Design Reviews and Sensitive Lands Reviews are similar in scale to the other projects,and it would be appropriate to require similar tree/urban forestry plan requirements as the other project types. The projects with the highest likelihood to impact trees and not require an urban forest plan are residential building projects (house additions,retaining walls,landscape grading,etc.). However,a review of past residential building projects illustrate that they rarely are designed in ways that necessitate tree removal. Also,as demonstrated in the Urban Forestry Master Plan,residential property has the highest tree canopy of all zoning types which implies that residential property owners are generally good stewards of their tree resources despite a lack of regulations. If increased regulations on developed residential properties are identified as necessary in the future as the city continues to develop,the code could be revised at that time. The current proposal will address the redevelopment of existing commercial,industrial and mixed use zones,especially as buildable residential lands in Tigard continue to decrease. The Urban Forestry Master Plan demonstrates that existing commercial,industrial and mixed use zones currently have less than half the tree canopy of residential zones. Staff's proposal is to require significant increases in tree canopy through redevelopment of commercial,industrial,and mixed use zones through the urban forestry plan requirements. A more flexible urban forestry plan modification process is proposed in section 18.790.070 (Modification to the Urban Forestry Plan Component of an Approved Land Use Permit). The process allows modifications administratively or through a Type I pen-nit depending on the magnitude of the modification. The modification process allows applicant to address issues that arise during development such as shifting tree planting locations, adjusting tree protection fence location, and removing trees that are no longer feasible to preserve due to condition or location. The current code does not provide a process for these types of modifications other than through revisions to the original land use permit(which is expensive and time consuming). The rationale for allowing flexibility in tree removal is to encourage applicants to "take a chance" on preservation given the uncertainty of the development process because they know they will have flexibility for removal in the future if preservation is not feasible. The modification process is more fully described in section 18.790.070. Some development projects (such as trails and utility projects) are limited to right of ways or easements on property the applicant does not otherwise control. In these situations, planting and preservation requirements should be limited to the right of way or easement portion of the property the applicant does control. 132 City of Tigard Urban Forestry Code Revisions I Volume II 1 136 Code Amendments 18.790.020 Definitions Applicability The requirements of this chapter a�lv to the following situations: A. The following land use reviews: 1. Conditional Use (Tye e IIP 2. Downtown Design Review (TW e II and IIP: 3. Minor Land Partition (TykeIIl_ 4. Planned Develo ment 9we IIII: 5. Sensitive Lands Review CEM II and IIII; 6. Site Development Review 7. Subdivision (Tyne II and III). B All Tw e I modifications to the urban forest Wan comF onent of an al2l2roved land use n rmit as regured by Section 18.790.070. C For land use l2rojects limited to an e i tingright of way or easement_ the develollment site shall be considered the existing rig t of way or easement and the urban forestryblan requlYements shall be limited to the e i tingright of way or easement. brattehes of the tree; 2. « forestry" , 3. «1 kiwdatts free" 4. « „ 133 City of Tigard Urban Forestry Code Revisions I Volume H 1 137 Commentary 18.790.030 Urban Forestry Plan Requirements This section is renamed to Urban Forestry Plan Requirements Urban forestry plans are required to be developed by a landscape architect or a person certified as both an arborist and tree risk assessor. Many arborists are dual certified,and adding the new requirement for tree risk assessment will help ensure safe conditions during and after construction. Landscape architects often work closely with arborists when developing urban forestry plans, so the option of allowing landscape architects to sign off on the plans has been added to reduce costs by eliminating the need for hiring two urban forestry consultants. The urban forestry plan requirements will consist of three main parts. The first part, tree preservation and removal site plan,is essentially a demolition/preservation plan identifying trees to remain and trees to be removed. The Urban Forestry Manual consists of administrative rules to implement the details of the urban forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal Code. The detailed requirements for the tree preservation and removal site plan are in Section 10,part 1 of the Urban Forestry Manual. Trees over 6 inch diameter,and those trees less than 6 inch diameter that are protected by Title 8 (street trees,heritage trees,etc.) are required to be shown on the plan. Individual trees near the development impact area are required to be individually inventoried,but cohesive stands of trees away from the development impact area can be delineated at the edge of the stand. Tree protection fencing is required to be shown on the plan as well. The requirements in Section 10,part 1 essentially document the current practice except that trees within stands away from the development impact area are not required to be individually inventoried. The second part is the tree canopy site plan (Section 10,part 2 of the Urban Forestry Manual). This plan shows all trees to be preserved as well as those to be planted. It is essentially a landscape plan that includes just the trees. It visually displays how the effective tree canopy requirements for the overall development site and individual lots/tracts will be met. It also includes specifications for spacing and placement of trees,measurement of trees,and acceptable/prohibited species. The third part is the supplemental report (Section 10,part 3 of the Urban Forestry Manual). This is a narrative for the site plans and provides more detailed inventory data on the species, size, condition,and suitability of preservation of trees and stands of trees in a more standardized format than exists currently. It also contains supplemental preservation and planting information to be implemented during the development process. Finally,it contains the standards for determining how the effective tree canopy requirements for the overall development site and individual lots/tracts shall be met. (Tree canopy fee continued on following commentary page) 134 City of Tigard Urban Forestry Code Revisions I Volume II 1 138 Code Amendments S. "Removal" meafts the neving of 50 pereent (509,6) or mere of a et-own, pltysielagieftl viabRity or eattses the tree Ea &A or be in immediftte dftnger of fifling. "Rem 6. "Tree" meftfts ft standing woody piftnt, or group of stieh,having a"unk vAieh is &iM iftehes ar mare in eftRper sime when meftsured fattr feet firom ground level-, 1; " tide. 18.790.030 Tree Plan Requirement Urban Forestry Ply uirements A. Urban Forestry Plan Requirements, An urban forestry t)Ian shall: 1 Be coordinated and approved by a landscape architect (the pro'ec landscape architect) ora l2erson possessing dual certifications as a certified arborist and certified tree risk assessor ( he roject arborist): 2. Meet the tree preservation and removal site plan standards in Section 10. part 1 of the Urban Forestry Manual: 3 Meet the tree canopy site plan standards in Section 10 art 2 of the Urban Forestry Manual;an 4 Meet the supplemental report standards in Section 10 part 3 of the Urban Forest W Manual. B Tree Canopy Fee If the super lemental report demonstrates that the applicable standard percent effective tree canopy cover in Section 10 part 3 item N will not Le-=provided through any combination of tree planting or preservation for the overall development site (excluding streets) or that the 15 percent effective tree canopy cover will not be 12myidgdd th o ugh any combination of tree 121andnlz or preservation for any individual lot or tract in the-R, 1 heR- 1 R-2 R-3.5, R-4.5 and R-7 districts (when the overall development site meets or exceeds the standard percent effective tree canopy coyer), then the applicant shall provide the city a tree cano1v fee according to the methodology outlined in Section 10_ part 4 of the Urban Forestry Manual. C Tree Canopy Fee Use. Tree canoe fees provided to the city shall be deposited into the Urban Forestry Fund and used as approved by council through a resolution. 135 City of Tigard Urban Forestry Code Revisions I Volume 11 1139 Commentary 18.790.030 Urban Forestry Plan Requirements The tree canopy fee was developed by converting the wholesale median tree cost in the Willamette Valley,Oregon developed by the PNWISA'to a unit canopy cost. According to the PNWISA, the median wholesale cost of a 3-inch diameter deciduous tree is$174. The formula developed by Krajicek,et al'for open grown,broad spreading trees (maximum crown width (feet) = 3.183+1.829*DBH (inches)) was then utilized to convert tree diameter to canopy diameter. According to the Krajicek formula,a 3-inch diameter tree should have a crown width of 8.67 feet or crown area of 59 square feet. These dimensions were confirmed as reasonable by staff through several local field samples. Using the median cost of a 3-inch deciduous tree ($174) and the crown area of a 3-inch diameter tree (59 square feet),the unit canopy cost or tree canopy fee should be$2.95 per square foot. i. This methodology is a reasonable approach for three main reasons. First,tree benefits (aesthetic,stormwater management,air quality,etc.) are derived primarily from their canopies,so proposing to place a value to tree canopy is appropriate. Second,in the proposal,tree canopy is valued using the median wholesale tree cost only,whereas standard tree appraisal is based on the wholesale tree cost plus the cost of tree installation. Finally,the Krajicek formula and field samples by staff are based on the maximum crown width to trunk diameter ratio,and a typical tree does not have such a high ratio. If the typical ratio were used,the unit canopy cost would increase. Based on community discussions,the future use of tree canopy fees (outlined through council resolution) should be as follows: 1. Tree Planting and Early Establishment(50 percent allocation); 2. Preservation of existing trees following a recommendation approved by majority vote of the city board or committee designated by the city manager to give such recommendations (25 percent allocation); 3. Maintenance of those trees planted using the Urban Forestry Fund after the early establishment period has ended(10 percent allocation); 4. Urban Forestry Education and Outreach following a recommendation approved by majority vote of the city board or committee designated by the city manager to give such recommendations (10 percent allocation);and 5. Urban Forests Planning for activities that support periodic updates of the City of Tigard's Urban Forestry Master Plan, Municipal Code or Development Code following a recommendation approved by majority vote of the city board or committee designated by the city manager to give such recommendations (5 percent allocation). The planting,early establishment and maintenance items should be implemented by staff because they are technical in nature. However,deciding how and where to use funds for preservation, education and outreach and planning should involve a discussion and recommendation by a designated board(such as the Tree Board) to help ensure expenditures are consistent with community expectations. 3 Pacific Northwest Chapter of the International Society of Arboriculture.Species Ratings for Landscape Tree APS.211d Edition,Silverton,OR:Pacific Northwest ISA,2007. 4 Krajicek,J.E.,K.E.Brinkman,S.F.Gingrich 1961.Crown Competition-A Measure of Density.Forest Science 7:35-42. 136 City of Tigard Urban Forestry Code Revisions I Volume II 1 140 Code Amendments wlieh ft development ftppliefttien for it subdivision, pftt6fien, site deve4opment review; planned deve4opment or eenditiatiftl use is filed. Proteetion is preferred ever rem -v l ereser posse. B. Pign it. Retentieft of less d%ftn 25946 of existing trees ever 42 ittehes in eahper re C) aaa ptegrftfn in aeew-dftftee with Seetion 18.799.060D of no net less of , b. Retention of from 254,� to 50946 of existing ttees ever 42 inehes itt eftliper reqttire� 48.790.060D; e. Retention of from 50446 to 7-5446 of existing trees ever 42 inehes itt eikper requireq thftt 50 pereent of the trees to be removed be tvi6gated in fteeordftnee with Seetio 1$:7-90.06OB; 3. identifieatien of ftH trees whieh are proposed to be , G. Subseqtteat tree remEwal Trees removed within the petied of on to a development ftppliefttioa listed ftbove wiU be itwentatied its part of the tree phm 137 City of Tigard Urban Forestry Code Revisions I Volume 111 141 Commentary 18.790.040 Discretionary Urban Forestry Plan Review Option This section is renamed to Discretionary Urban Forestry Plan Review Option. The discretionary urban forestry plan review option is an alternative to meeting the clear and objective effective canopy requirements. An applicant could make their case at a public hearing in front of Planning Commission or the hearings officer about how their proposal is an adequate substitute for the functions and values otherwise provided by trees. The functions and values provided by trees that may be substituted through alternative means are broken down into three main categories: 1. Hydrological benefits (managing stormwater quantity and quality); 2. Climate benefits (reducing fossil fuel consumption and carbon emissions when appropriately placed for shading,improving air quality through carbon storage and absorption of gaseous pollutants,intercepting particulates,etc.);and 3. Wildlife benefits (food and shelter).' The discretionary option provides examples of the alternative stormwater management, energy efficiency and wildlife enhancement methods that could be presented to the Planning Commission or hearings officer for consideration as adequate substitutes for the functions and values of trees described above. When deciding whether to approve alternative methods,the Planning Commission or hearings officer is encouraged to require certification through a third party system (e.g. Earth Advantage,LEED,etc.). The review body (Planning Commission or hearings officer)will depend on whether there is a concurrent Type III review. For example,if an applicant for a Planned Development(Type III Planning Commission review) chooses to receive a discretionary urban forestry plan review,the review body will be the Planning Commission. However,if an applicant for a Conditional Use Permit (Type III hearings officer review) chooses to receive a discretionary urban forestry plan review, the review body will be the hearings officer. Finally,if an applicant does not have a concurrent Type III review (e.g. Subdivision,Minor Land Partition,etc.),yet chooses to receive a discretionary urban forestry plan review,the review body will be the hearings officer. 5 McPherson,E.G.,S.E.Maco,Pi.Peper,Q.Xiao,A.VanDerZanden,and N.Bell.2002 Western Washington and Oregon Community Tree Guide:Benefits,Costs,and Strategic Planting.International Society of Arboriculture, Pacific Northwest Chapter,Silverton,OR. 138 City of Tigard Urban Forestry Code Revisions I Volume 1I 1 142 Code Amendments 18.790.040 T._..e"ti__._s for Tree Refentio Discretionary Urban Forestry Plan Review i n . A. General Provisions, In Lieu of 12rovi i siz payment of a tree canopy fee when less than the standard effective tree canoe cover required by Section 10 12art 3 of the Urban Forest_ro Manual will be provided_ an applicant mayal2121° for a discretionar;urban forestry11aan review. The discretionary urban forestry 121an review cannot be used to modify an already improved urban forestrz l2lan_ any tree ree preservation or tree l2landn �reouirements established as part of another land use review a nroval_ or any tree preservation or tree plandng_requirements required by another chapter in this title. B Application Procedures Discretionary urban forestry plan reviews shall be processed through a TM e III 1 rocedure using ani roval criteria contained in Section 1 R 790 04n C below. When a discretionary urban forestry 121an review is submitted for concurrent Tvne III land use review with one of the land use reviews types listed in Section 18 790 020 the review body will be the one designated for the land use review tune listed in Section 18.790.020. If the discretionary urban forestrnlan review is not concurrent with any other Type III land use review then the review body shaH be the hearinlzs officm C A1212 rov 1 Criteria A discretionary urban forestry elan review application will be w2proved if the review body finds that the al2l)ikant has shown that all of the ap2plicable al2l2roval criteria are met:: 1 The applicant has demonstrated that the prol2osed plan will equally or better replace the environmental functions and values that would otherwise be provided through 12ayment of a tree canopy fee in lieu of tree 121antigi on, Preference shall be ve to projects that will receive certifications by third parties for various combinations of h osed alternatives such as: a. Techniques that minimize hydrological impacts beyond rre ,la ory realirements such as those detailed in Clean Water Services Low Iml2ac Development A1212roaches (LIDA) Handbook including but not Lmited to 12orous 12avement. green roofs_ infiltration planters/rain Gardens_ flow through_planters. LIDA swales_ vegetate filter strils,yelZetated swales extended dry basins and constructed waterg lua i Twetands: b. Techniques that minimize reliance on fossil fuels and production of greenhouse gases beyond rewAatogy requirements through the use of enerwz efficient buildiing technologies and onsite eneru i roducdon technology C. Techniques that preserve and enhance wildlife habitat beyond rewilatorzrenuirements including but ot limited to the use of native 121ant species in landscape design removal of invasive 121ant species and restoration of native habitat and preservation of habitat through the use of conservation easements or other protective instruments 139 City of Tigard Urban Forestry Code Revisions I Volume 111 143 Commentary 18.790.040 Discretionary Urban Forestry Plan Review Option The existing incentives for tree retention have been modified to make them more attractive to developers and user friendly. They are included in Section 18.790.050. 140 City of Tigard Urban Forestry Code Revisions I Volume II 1 144 Code Amendments D. Decision. The discretionary, urban forestryplan review decision shall be incorporated into the land use review decision tvyties in Section 18.790.020. The discretionary urban forestry I Ian apl roved in this section shall supersede and replace any conflictiniz reQuir=ents in this tenter. However_ all of the non-conflicting req * mn s in this chanter shall continue to apply one or mere of Ote fi3gewitT ineen6ves as part of deve4opment i-e-mew the pro-visiens of Ft tree plim fteearding to Seetieft 18.790.030-. be granted for any one development. The pereewftge density bentis shftH be applied less thftn the -m- !at si2e ftUewed by the tinderlying zone as long as the *verage !at , development pl*n for ftny land —di-Wiiq-i Re -IR-F-4-P-r Ghftpter 18.4 00,!at width and!at depth amatim of i-equired parking fnfty be grwited. No more than ft 20446 tedtletion in the Ft" one development. 141 City of Tigard Urban Forestry Code Revisions I Volume 11 1145 S Commentary 18.790.040 Discretionary Urban Forestry Plan Review Option The existing incentives for tree retention have been modified to make them more attractive to developers and user friendly. They are included in Section 18.790.050. 142 City of Tigard Urban Forestry Code Revisions I Volume 11 1 146 Code Amendments subjeet to remfwal tinder fffty ather seetian of this ehapter. The property awner shag reeard itwalid if ft tree preserv:ed in fteeardftnee with this seetion shattld either die or be temoved 9 ft hft2ftrdatts tree. 4be form of this deed re9trietion shftH be subjeet to ftpprEWFA by t Direeter. D. Design madifiegions of "ttblie improvements.: The City Engineer may ftditist de speeifiefttions of publie i L .—fa fteeefftffi-adate tree retention where possible ftod- 143 City of Tigard Urban Forestry Code Revisions I Volume II 1 147 Commentary 18.790.050 Flexible Standards for Tree Planting and Preservation This section is renamed to Flexible Standards for Tree Planting and Preservation. Text has been added to the general provisions portion of the section that all the flexible standards and incentives supersede conflicting standards in the code unless the flexibility would present an unreasonable risk to public health, safety or welfare. The director has been authorized to use discretion when granting flexibility. The general consensus of the CAC was to allow applicants to take advantage of the flexibility without requiring a public hearing. There are two categories of flexible standards for planting and preservation. The flexible standards in subsection"C" are available for the planting and/or preservation of all trees. The flexible standards in subsection"D" are available only for development sites with a significant tree grove. However, development sites with significant tree groves are also eligible for all of the flexible standards and incentives in subsection"C". The following flexible standards for tree preservation in subsection"C"are proposed to be allowed outright without requiring a variance or adjustment: • Lot size averaging; • Flexible setbacks; • Flexible sidewalk locations; • Allowing reductions in minimum parking requirements;and • Allowing reductions in minimum landscape requirements. Additional flexibility is included in subsection"C" to facilitate the planting of large stature street trees (flexible sidewalk locations such as allowing curb tight sidewalks or allowing sidewalks in easements to increase the size of planting strips without losing developable site area). Also included is flexibility to reduce competition for space between trees and parking lots to facilitate the planting of large stature parking lot trees (allowing reductions in minimum parking requirements when providing canopy through planting). Tree removal permit provisions are struck from Chapter 18.790 and revised/relocated to Title 8. 144 ! City of Tigard Urban Forestry Code Revisions Volume II 148 Code Amendments 18.790.050 Permit.Applienbili Flexible Standards for Tree Planting Preservation A. General Provisions. To assist in the preservation and/or lanti g of trees and rrlificant tree groves_ the director may a12121y one or more of the foHowing_flexible standards as dart of the land use review aw2roval. To the extent that the standards in this section conflict with the standardsin other sections of this tide, he standards in this ection shall an234 except in cases where the director determines there would be an unreasonable risk to public health. safety. or welfare. Use of the flexible standards shall be requested by the 1 roject arborist or landscape architect as nart of the land use review process. The flexible standards are or 1a12icable to trees that are eligible for credit towards the effective tree canoly cover of the site. B. A12212roval Criterion for use of Flexible Standards. The review bode may consider modifications for lot dimension standards or site-related development standards as part of the urban forestry plan review process, These modificadons are done as Part of the urban forestry plan review process and are not required to go through the adjustment process In order to approve these modifications_ the review body must find that the modification request is the least required to preserve and/or Plant trees that the modification will result in the preservation of or an addition to tree canopy on the lot_ and that the modification will not impede adequate emerktenc a s to the sit(- C. i e.C. Flexible Standards to Preserve or Plant Trees. The following flexible standards are available to applicants in order to preserve or plant trees on a development site. L Lot size averagng. To preserve existing trees in the development plan for any land tiartidon under Chapter 18.420 lot size maybeamed to allow lots less than the minimum lot size required in the underly ng zone as long as the average lot area is not less than that allowed by the underl nng zone. No lot area shall be less than 80 percent of the minimum lot size llow d 'n the zone, 2,. Adjustments to Setbacks. The following setback reductions will be allowed for lots preserving existing res ing the criteria in subsection b below. a. Reductions allowed: (i) Front yard - up to a 25 percent reduction of the dimensional standard for a front yard setback rea�lti_red in the base zone. Setback 2ara2es ay not be reduced by this provision. (ii) Other setbacks - up to a 20 percent reduction of the dimensional standards for other setbacks required in the base zone 145 City of Tigard Urban Forestry Code Revisions I Volume 11 1149 Commentary 18.790.050 Flexible Standards for Tree Planting and Preservation Flexible standards in subsection"C"continued. i `r 146 Ciry of igard Urban Forestry Code Revisions Volume 11 150 Code Amendments I Adjustments to Sidewalks. Location of a public sidewalk may be flexible in order to preserve existing trees or to plant new large stature street trees. Sidewalk location and design must be ap2nroved by the Develo}ment En6 eer. For._nreservation, this flexibility shall he the minimum required to achieve the desired effect. For l2lantinit, 12reference shall be given to rets' in. nter strip and separation between the curb and sidewalk wherever practicable If a preserved tree is to be utilized as a street tree it must meet the criteria found in the Landscal2ing and Screening Section 18.745.040.A.5. I Adjustments to Commercial ITndustriallCivic Use Parking. For each 2 percent of effective canoly cover provided byoreserved or planted trees incomorated into a development p]an for commercial industrial or civic uses listed in Section 18.765.080.Minimum and Maximum Off-Street Parking Requirements_ a 1 percent reduction in the amount of required parking may be granted. No more than a 20 percent reduction in the required amount of n� arking maygranted for anyone develo ment. I Adiustments to Commercial/Industrial/Civic Use Landscaping. For each 2 percent of effective canoe cover provided by 12reselmed trees incomorated into a develol2ment l2lan a 1 percent reduction in the minimum landscape requirement maygranted No more than 20 percent of the minimum landscape requirement may be reduced for ani development. 147 e i City of Tigard Urban Forestry Code Revisions Volume II 151 Commentary 18.790.050 Flexible Standards for Tree Planting and Preservation The guiding principles for Tree Grove Preservation Incentives are in Volume I of the legislative adoption package for the Urban Forestry Code Revisions. These guiding principles represent the consensus view of the citizen advisory committee that advised staff on the Urban Forestry Code Revisions. Some base requirements have been included in subsection"D"in order for an applicant to be eligible for the additional flexible standards and incentives for preservation of a significant tree grove: • There has to be at least 10,000 square feet (—'/a acre) of tree canopy within a development site that is part of a significant tree grove. • The 10,000 square feet of significant tree grove canopy is not already protected by floodplain, stream corridor and/or wetland regulations. • The project arborist or landscape architect demonstrates consistency with the applicable provisions in the urban forestry plan for the development site. If these base requirements are met,there are six flexible standards and incentives that may be utilized by the applicant. The first is a reduction in minimum density requirements. The applicant will be given the option to remove the significant tree grove portion of their property from their minimum density calculations. This will allow applicants to build only on the non-tree grove portion of their property. The applicant would also be required to work with their project arborist or landscape architect to designate 50 percent or more of their tree grove for preservation,maximize the connectivity and viability of the remaining portion of the tree grove and protect the remaining tree grove through a conservation easement or other protective instrument. It 148 City of Tigard Urban Forestry Code Revisions Volume II 152 Code Amendments D. Flexible Standards and Incentives for the Preservation of Significant Tree Groves A Significant Tree Grove Map is maintained by the irector. The following additional flexible standards and incentives are available when a development site contains at least 10.000 square feet of tree canQ.l2y that is hart of a sit*ruficant tree grove and is not also within sensitive lands identified in Section 18,775.010.G.1-3. If any of these flexible standards and incentives are requested the i2roiect arborist or landscape architect shall clearly demonstrate in the urban forester 121an consistency with the following provisions: 1. Reduction of M_i1i-murn Density. The mi 'mum density reaL_red by Section 18.510.040.B may be reduced to preserve a sigiificant tree grove The amount of reduction in minimum density shall be calculated as described in Chanter 18.715. Reduction of minimum density is nerrritted provided that: & At least 50 percent of the significant tree grove's canol2y within the develop meet site (and not also within the sensitive lands types in Section 18,775.010.G.1-3) is_preserved: The i2roiect arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining siE nificant treerog ve is maximized while balanciiz the considerations in Section 10t)art 5 of the Urban Forestry Manual:and .. The sianificant tree grove is protected through an instrument or action subject t to approval by the director that demonstrates it will be F ermanendy preacmewd such as: A conservation easement: An open .space tract: A deed restriction or i Through dedication and acceptance b 149 c i City of Tigard Urban Forestry Code Revisions Volume II 153 Commentary 18.790.050 Flexible Standards for Tree Planting and Preservation The second flexible standard and incentive is residential density transfer. This will allow applicants to build attached units and reduce lot or unit area so they can preserve a significant tree grove while building to allowed densities on the non-tree grove portion of the site. In order to develop with the 100 percent density transfer,housing types not typically allowed in lower density zones will now be permitted if a tree grove is preserved. These housing types include attached single family and duplexes. Currently these uses are either not permitted in lower density zones,are a conditional use or require a planned development application. The proposed changes would allow these uses with the staff level Type II review and not require a public hearing process. The development standards are adjusted accordingly to accommodate smaller lots including: 1) reduced lot widths;2) reduced front, side and rear yard setbacks;3) reduced garage setbacks and 4) increased building height. Lots that abut a developed residential zone with the same or lower density are only allowed a 25 percent reduction in lot area so they are more compatible with the abutting lots. The applicant would also be required to work with their project arborist or landscape architect to designate their tree grove for preservation,maximize the connectivity and viability of the remaining portion of the tree grove,and protect the remaining tree grove through a conservation easement or other protective instrument. 150 City of Tigard Urban Forestry Code Revisions I Volume II 1 154 Code Amendments 2. Residential Density Transfer Up to 100 percent density transfer is permitted from the preserved portion of a significant hin a development site to the buildable area of the development site. a„ Density,may be transferred provided that: jj The standards in Table 18.790.1 are met with the preservation of the corresponding percent of the significant tree grove's canopy within the development not also within the sensitive lands tvj2es in Section 18.775.010.6.1-31: The eject arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining iwaificant tree grove is maximized while balancigg.Lht considerationsin Section 10_ vart 5 of the Urb n Fore ry Maximum density for the net site area including the i cant tree 2rove is not exceeded: and The significant tree grove is protected through instrument or action subicct to a royal b -thP director that demonstrates it will be per_m__anently preserved such as: A conservation easement: An open space tract: A deed restriction:or Through dedication and acce tance by the city. The proposed development may include the followins W Zero lot line ing -fa i v detached housing for the portion of the development site that receives the density transfer. The following variations from the base zone develoi2ment standards are per_mstt .- Aa U2 to 25 percent reduction of average minimum MB Up to 10 foot minimum front yard setback: LQ Up to 33 percent reduction of side and ream and setbacks: 1 Tp to 4 foot nirlimum garage setback:and IES Up to 20 percent increase in maximum height a long as heig djustments comply with the International B�Ii_lding C, ode. When the portion of the -development site that receives the density transfer abuts a developed residential district with the same or lower density zoning_ the average area of abutting�pe 'meter lots shall at least be 75 percent or greater than the correspondingminimu_m lot area of the base residential zoning district. 151 City of Tigard Urban Forestry Code Revisions I Volume II 1 155 Commentary 18.790.050 Flexible Standards for Tree Planting and Preservation Table 18.790.1 (Density Transfer Table for Preservation of Significant Tree Groves) allows reduced lot and unit sizes to facilitate density transfer from the tree grove portion to the non- tree grove portion of a site. 152 City of Tigard Urban Forestry Code Revision,.; Volume 11 156 Code Amendments TABLE 18.790.1 DENSITY TRANSFER TABLE FOR PRESERVATION OF SIGNIFICANT TREE GROVES Residential Detached SO. Attached SO. I Y Multifamily Zonili Fj,1 FL Percent Tree Percent Tree Grove District Percent Tree Percent Tree Grove Canotiv CanoW Preserved / Grove Canotiv Grove Canotiv Preserve Min Unit Area Preserved / Preserved / Mn Lot or Unit Min Lot or Unit Min Lot or Area Aria Unit Area 25-49%122,500 sp.ft. 5174%/15.000 so.ft. Not Allowed Not Allowed Not Allowed 75-100%/7.500 sq.ft. $2 25-49%115-000 a" Permitted with 75% ° 10.000 sa,ft or ureater tree t' 75-100% Not Allowed Not Allowed /5.000 sa.fr. cam nnn�nreservaticm R-3.5 7.500 sa.fr Permitted with 75% Permitted with 75% 50-74%15 000sq.EL or- Not Allowed (10�' 75-100%I 2500p.fr.scanoe preservation canopy preservation ft. r ni R-4.5 25-49%15,625 sa.ft, Permitted with 75% Permitted with 75% 7 0 5 50-74%13-750 sq,ft or f neater tree stove or erecter tree grove Not Allowed- 1.875 so,ft, nreservaticm canopy nreservaticm $1 25-49% 3.750 sa.ft, Perrniacd with 75% Permitted with 75% 50-740/o/2500 sq or nreater tree „grove or erecter tree prove 5.000 sa. 75-100%11-250 sq.ft. canoe preservation canon} p reservation Not Allowed s Single family,duplex and multifamily housing permitted at the followingdei nsit ies: 0 e 25-49% tree grove canopy reservarion / 2,288 sq, ft. per 50-74% tree grove canopynreservation / 1.525 sq. ft. er uni 0 tree groyg=qag" R 25 ��plex and muldfamill, housing pernitted at the following en ities: 1"480 sa• 25-49% tree grove canoe preservation / 1.110 sq. ft, per uui t• er unitl 50-74% tree grove canopybreservation / 740 sq. ft. er unit 0 R-40 Sin legl fan-.Lily, dui2lex and multifamil h� ousing permitted with no upper densirn limit 153 1 City of Tigard Urban Forestry Code Revisions I Volurne II 1 157 Commentary 18.790.050 Flexible Standards for Tree Planting and Preservation The third and fourth flexible standards and incentives are applicable to commercial and industrial development. They both allow up to 50 percent reduction in minimum setbacks and 20 feet additional building height for significant tree grove preservation. Buffering and screening per Chapter 18.745 would still be required between differing land uses. Maximum floor area ratio (FAR) in the MUE zoning district supersede the allowed increase in building height in that zone. Maximum FAR in the MUE zone limits traffic impacts on state highway facilities. The applicant would be required to work with their project arborist or landscape architect to designate 50 percent or more of their tree grove for preservation,maximize the connectivity and viability of the remaining portion of the tree grove and protect the remaining tree grove through a conservation easement or other protective instrument. 154 City of Tigard Urban Forestry Code Revisions I Volume 11 1 158 Code Amendments 3. Adjustments to Commercial Development Standards. Adjustments to Commercial Development Standards (Table 18,520.2) of up to 50 12ercent reduction in mum setbacks and un to 20 feet additional building height- -are nEer fitted tirovided: a, At least 0 percent of a significant tree grove's canopy wl m a development site (and not also within the sensitive lands types in Section 18.775.010(U(1-3) is b- The uroject arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining,simificant tree ove is maximized while balancing the considerations in Section 10 part 5 of the Urban Forestry A1212licable buffering_ and screening standards in Section 18.745.050 are met: d. Any height adjustments comply with the International Building CIQ . r- Maximum floor area ratio is not exceeded in the MUE zo 'nQ district as described in Section 18.520.050.0.1: L Any setback reduction is not adiacent to residential zo ing: and & The significant tree groomprotected through an instrument or action subject to al2l2royal by the director that demonstrates it wiU be permanently 12reserved and managed a . (i) A conservation easement: (ii) Ano en space tract: (iii) A deed restriction:or (iv) Through dedication and acceptance b 4. Adjustments to Industrial Development ands d . Adjustments to Development Standards in_Industrial Zones (Table 18.530.2) of un to 50 percent reduction in minimum setbacks and un to 20 feet additional building height are permitted provided: a. At least 50 percent of a significantree grove's canopy within development site (and not also within the sensitive lands types in Section 18.775.010(G)C1-3� is reserved: b. The eject arborist or landscape architect certifies the preservation is such that the connectivity anT d viability of the-remairing significant tee ove is zed while balan .i he considerations in Section 10_ part 5 of the Urban Fores= C. Az1212licable buffering and screening standards in Section 18.745.050 are met: d. Anvy height adjustments comply with the International Building �d e. Any setback reduction is not adjacent to residential zoning• an 155 City of Tigard Urban Forestry Code Revisions I Volume H 1 159 Commentary 18.790.050 Flexible Standards for Tree Planting and Preservation The fifth flexible and incentive based standard is an adjustment to the minimum effective canopy requirement. A standard urban forestry plan requires 15 percent effective tree canopy in the R-1,R-2,R-3.5,R-4.5 and R-7 districts per lot in addition to the overall development site effective canopy requirement which is based on zoning(25,33 or 40 percent). In order to facilitate the preservation of significant tree groves, the "per lot" effective canopy requirement could be waived. This could benefit development that uses density transfer and reduced lot sizes to preserve a significant tree grove by not requiring trees on individual lots as long the overall development site meets the zoning specific canopy requirement. The applicant would be required to work with their project arborist to designate 50 percent of their tree grove for preservation,maximize the connectivity and viability of the remaining portion of the tree grove and protect the remaining tree grove through a conservation easement or other protective instrument. The final flexible and incentive based standard is an adjustment to the street and utility standards. The intent is to highlight the director's authority in Chapter 18.810 to vary from street and utility standards to preserve natural features (such as a significant tree grove) provided the adjustment does not result in an unreasonable risk to public safety. In addition,variation from the street tree standards in Chapter 18.745 would be permitted to facilitate the preservation of a significant tree grove. The project arborist would be required to show that the variation from the standards will facilitate preservation and help to maximize the connectivity and viability of a significant tree grove. The applicant would also be required to protect the remaining tree grove through a conservation easement or other protective instrument. 156 City of Tigard Urban Forestry Code Revisions I Volume II 1 160 Code Amendments f. The significa� nt tree grove is protected through an instnunent or action subject by the director that demonstrates it will be permanentlyyreserved such as: (i) A conservation easement: (ii) Ano en space tract: (iii) A deed restriction:or (iv) Through dedication and acceptance by the city. 5. Adjustment to Minimum Effective Tree Canopy Cover Requirement. The reuirement for 15 percent effective tree canopy cover per lot or tract in theR- 3.5_R-4.5 and R-7 districts is not required when: a. At least 50 percent of a significant tree grove's can wi in a development site (and not also within the sensitive lands t,pes in Section 18.775.010.G.1-3 reserved: b. The 12roject arborist or landscal2e architect dfi he preservation is such that the connectivity and viabihtyof the remaining simificant tree grove is maximized while balancing the considerations in Section 10 part 5 of the Urban Forestry C. The applicable standard "rcent effectivere canop�i cover in Section 10 hart 3 item N of the Urban Forestry Manual wiU be provided for the overall development site jng tee l: d. The siwlificant treegrove is protected through an instrument or action subject to approval by the director that demonstrates it will be permanently preserved such as: (i) A conservation easement: (ii) Ano en space tract: (iii) A deed restriction; (iv) Through dedication and accep=e by the city. 6. Adiustment to Street and Utility Standards. If requested_ the director shall use his or her discretion when considering adjustments to Chapter 18.810_ Street and UWiity Improvement Standards and Section 18.745.040_ Street Trees provided: a. The adjustments will facilitate preservation and help to maxmsze the connectivity and viability of a si2xlificant tree grove while balancing the considerations in Section 10 part 5 of the Urban Forestry Manual: b. The simificant tree grove is protected through an nstrument or action subject to approval by the rljrPctnr that demonstrates it will be permanently preserved and managed-sures: (i) A conservation easement: (ii) An open space tract: (iii) A deed restriction:or (iv) Through dedication and accei2tance by the city. 157 City of TWrd Urban Forestry Code Revisions I Volume II 1 161 Commentary 18.790.060 Urban Forestry Plan Implementation The urban forestry plan implementation requirements standardize the inspection and documentation requirements currently administered through conditions of development approval. The general provisions section states that urban forestry plans are in effect from the point of land use approval until all applicable urban forestry plan conditions of approval and code requirements have been met (typically after planted trees have met their two year establishment requirement). The reason for requiring an end point for the effective period of an urban forestry plan is to allow future pexrnitting decisions to occur through the regulatory framework in Title 8 (rather than as a modification to a previous land use decision). 158 City of Tigard Urban Forestry Code Revisions I Volume II 1 162 Code Amendments 18.790.060 Urban ForestryP1T an Implementation A. General Provisions. An urban forestry Plan shall be in effect from the point of land appp oval until the director determines ll api2licable urban forestrv4421an conditions of approval and code requirements have been met. For subdivisions and partitions_ the urban forestry elan shall remain in effect for each resulting lot or tract separateLy until the director determines all ap2pLcable urban forester plan conditions of ap proval and code requirements—have been met. Prior and subseouent permitting decisions rejzarding the plug_ maintenance_ removal and rep lacement of trees when not associated with one of the land use review tunes in SSecdon 18.790.020.A shall be administered through Title 8 (Urban ForestzT of the Tigard Municipal Code. F r 159 City of Tigard Urban Forestay Code Revisions Volume II 163 Commentary 18.790.060 Urban Forestry Plan Implementation The other implementation elements include regular inspections of tree protection during development,two years of tree establishment for newly planted trees,and an inventory of trees and stands of trees for the city's GIS database. The tree protection inspection requirements conform to current requirements implemented through conditions of development approval. The tree establishment requirements allow for bonding of newly planted trees during the establishment period,require replacement of trees that die and require a renewal of the bonding period if less than 80 percent of the planted trees survive (replacement of trees is required even if over 80 percent survive).The details of the inspection and tree establishment requirements are included in Section 11 of the Urban Forestry Manual. The urban forest inventory requirements are in Section 11 of the Urban Forestry Manual as well, and require trees to be included in a publicly accessible GIS database. This could allow people to type in their address and find information about the protected trees on their property from the city's website. This will make information retrieval for both the city and public easier than through other instruments such as deed restrictions.- Section 11 of the Urban Forestry Manual allows the city to charge a fee to cover its cost of collecting and processing the urban forest inventory data. Tree removal permit provisions are struck from Chapter 18.790 and revised/relocated to Title 8. 160 City of Tigard Urban Forestry Code Revisions I Volume II 1 164 Code Amendments B Inspections Implementation of the urban forestr:plan shall be ins ecte documented and rel2orted by the project arborist or landsca�ne architect whenever an urban forestan1an is active In addition no -Person may tefuse en= or access to the director for the uWose of monitoring the urban forestr;2 lap on ani site with an effective urban forest L lam The inspection req sir m its in Section 11,p art 1 of the Urban Forestry Manual shall app" sites with an effective urban fores=plan. C. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site 121an (der 19,790.030.A.3) and supplemental rel2 ort -Per 18 790 030 A 41 of breviouslyappproved urban forestry 121an shall be guaranteed and required according to the tree establishment requirements in Section 11,,=2 of the Urban ForestrTManual D. Urban Forest InventoryS-Patia� 1 and s ecies specific data shall be collected according to the urban forestry inventLements in Section 11 part 3 of the Urba Forestry Manual for each-open grown tree and area.of stand a own trees in the tree canopy ite lan (per 18 790 030 A 3) and supplemental report(per 18.790.030.A.4) of a£reviously a rove urban forestry2 lan. permit for removal of Ft tree shA be preeesged fts ft T-Me 1 proeedure, as governed by 4. Removal of the tree must not hft-ee ft meftsttrftble negft so;] a. Pepasifq of > > deposit, drapping, of eresien; b. Hv4denee of eaneentftted flows of wftfer ever bitre qedq� "bid or sediment laden flows-, ot evidenee of on site eresion stieh fts tivtAeb an bate soA slopes whe the flow of woer is not filtered ar eftptured an site using the teehniques of Ghftpfer 5 a Erosion Control rt4es. stream or wedand, tree remwo-*! midst rnftiatoia fte less thftn ft 754� eaftepy eover or no m the doe 161 City of Tigard Urban Forestry Code Revisions I Volume H 1 165 I - Commentary 18.790.060 Urban Forestry Plan Implementation Tree removal permit provisions are struck from Chapter 18.790 and revised/relocated to Title 8. 162 City of Tigard Urban Forestry Code Revisions I Volume 11 166 Code Amendments — atreereme-vftl perfrshall t be . e r.. therem _ 1 2. is ,. L.,.......7ou9 tree-, e Assessat7 Sensitive 1_nd ., permitted. P. I� l 163 City of Tigard Urban Forestry Code Revisions Volume II 167 Commentary 18.790.070 Modification to the Urban Forestry Plan Component of an Approved Land Use Permit Two levels of modifications to the urban forestry plan component of an approved land use permit will be allowed. Minor modification to will be completed as a staff level,technical review. The following items would be considered minor modifications: • Removal of hazard trees if there is sufficient documentation by a certified tree risk assessor; • Modification of the quantity,location or species of trees to be planted,provided the same or greater tree canopy will result; • Modification of the location of tree protection fencing,provided the arborist or landscape architect certifies that the viability of the trees will not be impacted; • Modifying any other site elements (e.g. paving,building,etc.) that do not also require a modification to the location of the tree protection fencing;and • Maintenance of trees (pruning,mulching, fertilization,etc.) in accordance with tree care industry standards. Significant modifications to the urban forestry plan component of an approved land use permit such as cutting down existing trees and replacing them with new trees will be required to be a Type I land use decision. Type I decisions are clear and objective decisions and do not require notice of the surrounding neighbors. The criteria for approving such modifications are: • The project arborist or landscape architect has provided a report certifying that trees are being removed due to unforeseen circumstances; • The project arborist or landscape architect has provided a report certifying that there is no practicable alternative to tree removal;and • The project arborist or landscape architect demonstrates that the canopy requirement will be met through a revised plan. 164 City of Tigard Urban Forestry Code Revisions I Volume II 1 168 Code Amendments 8.790.070 Modification to the Urban Forestry Plan Component of an App oved Land Use Permit A. General Provisions. Except as exempted in Section 18.790.070.B below_ any modification to the urban forestn plan component of an app•ov d land use permit shat be processed as a Twe I land use decision as described below. B. Exemptions. The following activities shall be exempt from the TW e 1 Modification to the Urban Forestj:y Plan Component of an A12212roved Land Use Permit rocess: 1. Removal of any tree shown as-preserved in the tree canopy site Wan (12er 18.790.030.A.3) and supplemental re ort per 18.790.030.A.41 of a previously ap2proved urban forester plan provided: a. The 12roject arborist or landscape architect provides a written re prior to removal attesting that either the condition rating (per Section 10 part 3 item D 7 of the Urban Forestry Manual) or suitabilityofpreservation rating (per Section 10__hart 3. item D.8 of the Urban Forestry Ma=n=u=a=l)=o==f the tree has changed to a rating of less than 2 and b. A revised tree canoe si.e plan and supplemental_ re ort are submitted for review and a1212roval prior to removal that reflect the proposed changes to the p reviously atit2roved urban forestr<elan. The revised tree canopy site plan and w4A2jgpjgjW arborist report shall demonstrate how the effective tree canopy cover requirements in Section 10, part 3 of the Urban Fores= Manual will be provided b t��nlanting,preservation and/or pa-Ment of a tree canopy fee in lieu of 121aaling or preservation. 165 City of Tigard Urban Forestry Code Revisions (Volume 111 169 i Commentary 1$.790.070 Modification to the Urban Forestry Plan Component of an Approved Land Use Permit Modification procedures continued. i 166 I. k' City of Tigard Urban Forestry Code Revisions Volume 1.1 f 170 Code Amendments 2. Modification of the duanti . . location or species of trees to be planted in the tree can ite plan and su12212lemental report of a previouslyaypnroved urban forestrz plan a. The modification results in the same or greater amount of future tree canoe through tree Planting as the previously pproved urban forestry nlamn for the lot or tract where the modification is ropo b. Payment of a tree canol2y fee in lieu of plan ' g_is not pro_ l2 as of the modification;and C. A revised tree canol2y site plan and sul2plemental re ort are submitted for review and approval prior to 121andna that reflect the Proposed changes to the previously approved urban forestry plan. 3 Modification of the tree protection fencing location in the tree preservation and removal site 121an (per 18.790.030.A.2). tree canopyiteplan and supl2lemulW report of a previously pproved urban forestry plan provided: a The i2 oiect arborist or landscape architect provides a written report prior to modificaton of the tree protection fencing describing how the pr osed modification wiL continue to protect the viability of the trees shown at preserved in the previously approved urban forestry plan; and b A revised tree preservation and removal site plan tree canopy site plan and sul2l2lemental report are submitted for review and al2l2roval prior to modification of the tree protection fencing that reflect the proposed modifications o the reviou ly apl2roved urban forestry plan. 4. Modification of any other site elements that do not reduire any modification of the tree protection fencing_location or trees to be planted or preserved in the tree preservation and removal site plan_ tree canopy site121an and sul2l2lemental report of a previously w roved urban forestr;vlan:and 5 Maintenance of ani trees in accordance with tree care industry standards. C Awe icaton Procedures Modifications to the urban forestrzplan component of an approved land use permit that are not exempted b; 18.790.070.B shall be processed as a Tvpe I procedure_ usinEt a12l2rnval criteria contained in Section 18.790.070.2 below. D Approval Criteria The director shall ap2prove the modification to the urban forestry plan component of an approved land use Vermit upon determining: 1 The 12ro;ect arborist or landscal2e architect has provided a report and Statement certif dng that the previousLy w roved urban forestry Wan did not account for the circumstances that lead to the proposed modification_ 167 City of Tigard Urban Forestry Code Revisions I Volume H 1 171 Commentary 18.790.070 Modification to the Urban Forestry Plan Component of an Approved Land Use Permit Modification procedures continued. 18.790.060 Illegal Tree Removal This section is struck. Tree violations are now consolidated with other nuisance violations in Title 6. Violations of the new Title 8 (Urban Forestry) are also consolidated into Title 6. Penalties for tree violations are in Chapter 1.16 where other penalties are already consolidated. Penalties for violations of Title 8 (Urban Forestry) are also outlined in Chapter 1.16. The details of tree violations and penalties for tree violations are in Title 6 and Chapter 1.16 respectively. 168 City of Tigard Urban Forestry Code Revisions I Volume II 1 172 Code Amendments 2. The project arborist or landscape architect has provided a re ort and statement certifying that there is no practicable alternative to the proposed modification:and 3. The project arborist or landscape architect demonstrates througlLa revised urban forestry plan_ compliance with Section 18.790.030, 18.790.060 Megal Tree Removal A. Violations. The f;314916-6 Of this ehftpter� 4. Remfwa4 of ft tree-. Ft. Withaw a w4id tree removal pe b. in fteneemplitmee with mty eandition of approval of a tree retnevs4 pei or d. in fteneemphimee with ftny other seetion of this tide. damage to ft tree or its root srfem. B. Remedies. if the Tl:..eeter hits reftseft o believe tit,,�t via_tio of this _hapt r has oee2. Pursttftnt to Seetion 7 then he or she may-do itay or ftH of the figilowing., Require 4te owner of the land att whieh the tree wtts loeftted �@ sttbw4 stiffieiefit forester-,showing that remava4 of the tree wfts peffnitted by this ehapter-, ., 3. 199tte it stop order pursttftnt to Seetion 48.230 of dis f S. Take a"other ftetion ft4owed by lww. 169 City of Tigard Urban Forestry Code Revisions Volume II 173 Commentary f 18.790.060 Illegal Tree Removal Strikethroughs of existing code language continued. i G �. 1.70 s f City of Tigard Urban Forestry Code Revisions Volume 11 174 Code Amendments P. Guidelines fiqr Ee.m.etrt.Rep-iffeeffient of ft tfee shl--glee—pifte ehftmeteti 171 City of Tigard Urban Forestry Code Revisions I Volume II 1 175 i Commentary 18.790.060 Illegal Tree Removal Strikethroughs of existing code language continued. i i., r l F 172 t f 4, City of"I"igard Urban Forestry Code Revisions Vohmw 11 176 Code Amendments , more rephteemew trees to be piffated en a4" property wit�An the Gity, either publie property or,with the eettsew of the , F. Elxelusj!�tt The remedies set eut in this seetion shft]4 not be e-telusive.— 'r• 173 City of Tigard Urban Forestry Code Revisions Volume II 177 i Commentary 18.798 WIRELESS COMMUNICATION FACILITIES In Chapter 18.798,the term"registered"has been changed to"certified"to reflect International Society of Arboriculture terminology. i i 174 City of Tigard Urban Forestry Code Revisions Volume 11 1.78 c. Code Amendments Chapter 18.798 WIRELESS COMMUNICATION FACILITIES Sections: 18.798.010 Purpose 18.798.020 Definitions 18.798.030 Exemptions 18.798.040 Uses Permitted Outright 18.798.050 Uses Subject to Site Development Review 18.798.060 Uses Permitted Subject to Conditional Use Review 18.798.070 Submission Requirements 18.798.080 Collocation Protocol 18.798.090 Abandoned Facilities 18.798.010 through 18.798.040 [No change.] 18.798.050 Uses Permitted Subject to Site Development Review A. [No change.] B. Review criteria. Any use subject to Site Development Review per Subsection A above, shall be evaluated using the following standards: 1. through 6. [No change.] 175 City of Tigard Urban Forestry Code Revisions I volume II 1 179 Commentary 18.79$.050 Uses Permitted Subject to Site Development Review The term"registered"has been changed to"certified"to reflect International Society of Arboriculture terminology. ' 176 I i City of T4;ard Urban Forestry Code Revisions Volurw H 180 Code Amendments 7. Landscaping and screening. a. Landscaping shall be placed outside the fence and shall consist of evergreen shrubs which reach six feet in height and 95% opacity within three years of planting; b. When adjacent to or within residentially-zoned property, freestanding towers and accessory equipment facilities shall be screened by the planting of a minimum of four evergreen trees at least 15 feet in height at the time of planting. The planting of said trees shall be prescribed in number by a plan prepared by a registered certified arborist in locations that (1) most effectively screen the wireless facilities from residential uses and (2) promote the future survival of the trees while limiting adverse effects of the trees on abutting properties. Existing evergreen trees at least 15 feet in height may be used to meet the screening requirement of this section if the arborist demonstrates that they provide screening for abutting residential uses. 8. [No change.] C. [No change.] 18.798.060 Uses Permitted Subject to Conditional Use Review A. [No change.] B. Review criteria.Any use subject to review per Subsection A above,shall be evaluated using the following standards: 1. through 6. [No change.] 177 City of Tigard Urban Forestry Code Revisions I Volume II 1 181 Commentary 18.798.060 Uses Permitted Subject to Conditional Use Review The term"registered"has been changed to"certified"to reflect International Society of Arboriculture terminology. h t l r 178 i h City of Tigard Urban Forestry Code Revisions Volume II 182 Code Amendments 7. Landscaping and screening. a. Landscaping shall be placed outside the fence and shall consist of evergreen shrubs which reach six-feet in height and 95%opacity within three years of planting. b. When adjacent to or within residentially-zoned property, free-standing towers and accessory equipment facilities shall be screened by the planting of a minimum of four evergreen trees at least 15 feet in height at the time of planting. The planting of said trees shall be prescribed in number by a plan prepared by a registered certified arborist in locations that (1) most effectively screen the wireless facilities from residential uses and (2) promote the future survival of the trees while limiting adverse effects of the trees on abutting properties. Existing evergreen trees at least 15 feet in height may be used to meet the screening requirement of this section if the arborist demonstrates that they provide screening for abutting residential uses. 8. [No change.] C. [No change.] 18.798.070 through 18.798.090 [No change.] 179 City of Tigard Urban Forestry Code Revisions I Volume 11 1 183 � City of Tigard Urban Forestry Code Revisions Volume 11 184 Exhibit B Ordinance Nos. 12-09 and 12-11 _ City of Tigard Memorandum To: Tigard City Council From: Marissa Daniels,Associate Planner Re: Urban Forestry Code Revisions Date: November 27, 2012 On November 27, 2012 Council is scheduled to continue the Urban Forestry Code Revisions public hearing. The purpose of the meeting is to receive a brief staff report, receive public testimony and consider amendments to Planning Commission's recommendation. Council Amendments for Consideration Staff has prepared several amendments to Planning Commission's recommended draft based on Council direction on October 23 and November 13 2012. Addresses Amendment Pohcy Issue Brief Description 1 3 Differentiates between residential and non residential maintenance requirements for trees planted with development. 2 4 Removes tree removal permit requirements for single family residential developments. On 11/27/2012, 3 5 Clarifies that hazard trees are required to be removed only in City Council q y approved response to verified complaints. amendments 1, 2,3,4 and 6. 4 7 Enhances the purpose statement in Chapter 18.790 to draw a clear Amendment 5 was not link between the details in the Urban Forestry Manual and the approved. overall purpose of the development code revisions. between the- &--t---49 i�-- *-he Urban Forestry Mftrm24 and the avei-ftll 6 8 Reduces development costs for Minor Land Partitions by not requiring an arborist or landscape architect for partition projects that can meet the requirements by planting street trees in open soil volumes only. At the November 13 meeting, Council asked staff if there are any issues associated with not requiring arborists/landscape architects for Minor Land Partition projects that can meet the tree 1 canopy requirements by planting street trees only (Amendment 6, Policy Issue 8). In deciding whether to adopt this amendment, staff offers the following considerations: 1. Reverse Incentive - This amendment could create a reverse incentive where a property owner might remove mature trees and plant only street trees to avoid costs associated with hiring an arborist/landscape architect. 2. Equity - In developing the Urban Forestry Code Revisions, one of the main community goals was to address the equity issue in the existing code that places more financial burdens on property owners with mature trees. The canopy approach addresses this issue by applying the same requirements regardless of the amount of existing trees. This amendment could result in an equity issue by exempting owners without trees from hiring arborists/landscape architects, while placing greater requirements on owners that choose to preserve mature trees with development. 3. Adjacent trees - Minor Land Partitions involve the creation of two or three new lots in existing residential neighborhoods (aka infill development). Often one of the greatest points of conflict with infill development is the potential development impacts on trees that are on an adjacent property but near the property line. Involving arborists/landscape architects in the development of Minor Land Partitions helps ensure trees adjacent to the site are protected with accepted methods such as tree protection fencing during development. If professionals are not required, there is less certainty for neighbors that their trees will be adequately protected. More information about each of the amendments, including the affected code sections and specific amendments are included on page 3. Council will have the opportunity to accept, reject, or modify these amendments on November 27. Housekeeping Amendments for Consideration In addition to Council's amendments, staff is also recommending a set of housekeeping amendments to the code. These items are insubstantial to the code, and are described in more detail on page 13. For example, Amendments 8 and 9 correct cross references internal to the code. 2 Amendment 1 approved by council on 11/27/2012. Amendment 1 is not part of an ordinance nor is it to be codified. This amendment is applicable to Volume IV—Urban Forestry Manual(Administrative Rules) Amendments to the Urban Forestry Code Revisions Based on Council Direction Amendment 1 (Policy Issue 3): Differentiate between residential and non residential requirements for the maintenance of trees planted with development. Residential trees should have a maintenance period of two years or until a house is sold. Non residential trees should have a one year maintenance period. Code/Manual Section: Urban Forestry Manual Section 11, Part 2 (Urban Forestry Plan Implementation Standards—Tree Establishment Requirements:) A. Prior to an ground disturbance work the applicant shall provide a tree Y;� � PP establishment bond for all trees to be planted per the approved urban forestry plan. The total bond amount; 1. For subdivisions and minor land partitions shall be equivalent to the city's average cost to plant and maintain a tree per the applicable standards in the Urban Forestry Manual for a period of two years after planting multiplied by the total number of trees to be planted and maintained 2. For all other land use review tunes shall be equivalent to the city's aveye cost to plant and maintain a tree per the applicable standards in the Urban Forestry Manual for a period of one year after planting mul l) ed by the total number of trees to be planted and maintained. B. Following final building inspection or upon acceptance by the city manager or designee when there is no final building inspection, the tree establishment period shall immediately begin and continue: 1. In subdivisions and12artitions for a period of two years or until such timea each lot is sold; and . 2. In all other land use review tunes_ for a period of one year. C. When the land use review type will result in the division of land into multiple lots or tracts, there shall be a separate tree establishment period for each resulting lot or tract where trees are shown to be planted in the approved urban forestry plan. D. Following the two year tree establishment period for each lot or tract, the bond shall be correspondingly reduced based on tree survival following a site inspection, documentation of successful tree establishment and/or replacement according to items a Edi _ below, and receipt by the city manager or designee of written verification of findings and a signature of approval by the project arborist. E. For planted open grown trees, successful establishment shall be considered 80 percent survival of the open grown trees planted on the lot or tract, and replacement of 100 percent of the remaining open grown trees planted on the lot or tract that did not survive. F. For planted stand grown trees, successful establishment shall be considered survival of at least 80 percent of the original stand grown trees planted on the lot or tract. G. If successful establishment for open grown trees is less than 80 percent for any lot or tract, the two year ubl-tree establishment period shall reset for that lot or tract and the establishment process for open grown trees described in part 2.B-F above shall be repeated until the successful establishment requirement for open grown trees 3 Amendments to the Urban Forestry Code Revisions Based on Council Direction is met. H. If successful establishment for stand grown trees is less than 80 percent for any lot or tract, the two year abl-tree establishment period shall reset for that lot or tract and the establishment process for stand grown trees described in Part 2.B-F above shall be repeated until the successful establishment requirement for stand grown trees is met. Note: Exhibits A and B to the Resolution revising The Master Fees and Charges Schedule is amended as follows to reflect changes in the methodology for calculating tree establishment bonds: Master Fees and Charges Resolution was not considered/adopted by the council on Exhibit A - Legislative Intent for Urban Forestry Fees 11/27/2012 Tree Establishment Bond (Planting and -Yet Early Establishment) $489 per 1.5 inch caliper open grown tree for subdivisions and minor land_partitions* $441 _tier 1.5 inch caliper oven own tree for land use review tubes other than subdivisions and minor land partitions** $367 per 0.5 inch caliper stand grown tree for subdivisions and minor land partitions*** $351 per 0.5 inch caliper stand grown tree for land use review types other than subdivisions and minor land partitions **** *The Tree Establishment Bond for the planting and maintenance of a 1.5 inch caliper tree for the reg .d two years in subdivisions and minor land partitions is based on a formula that combines 50% of the published PNWISA wholesale median tree cost estimate to purchase and install a 3 inch diameter tree,with the average historical cost for City of Tigard staff to perform two years of maintenance on a 1.5 inch caliper tree. **The Tree Establishment Bond for the planting and maintenance of a 1.5 inch caliper tree for the required one year in land use rgyk)T tun s other than subdivisions and minor land na_r itions is based on a formula that combines 50% of the published PNWISA wholesale median tree cost estimate to purchase and install a 3 inch diameter tree with the average historical cost for City of Tizard staff to perform one year of maintenance on a 1.5 inch caliper tree. ***The Tree Establishment Bond for the planting and maintenance of a tree two feet in height or one gallon container size (estimated 0.5 inch caliper) for the required two vel subdivisions and ming land partitions is based on a formula that combines 16.6% of the published PNWISA cost estimate to purchase and install a 3 inch caliper tree,with the average historical cost for City of Tigard staff to perform two years of maintenance on a 0.5 inch caliper tree. ****The Tree Establishment Bond for the plantina and 4 Amendments to the Urban Forestry Code Revisions Based on Council Direction or one gallon container size (estimated 0.5 inch caliver)for the required one year in land use review tomes other than subdivisions and minor land narr_itions is based on a formula that combines 16.6% of the 1 b i hed PNWI _A_cost estimate o 1 urchase and install a linch Winer tree with the averay histodcal cost for City of Tigard staff to perform one year of maintenance on a 0.5 inch caliper tree. Exhibit B -Amended Master Fees and Charges Schedule Community Development- Miscellaneous Development Urban Forestry Tree Establishment Bond (Planting&2 Year N iftk `,.m. ee Eat Establishment) 1.5" Caliper Street or Open $489 per tree 3/1/2013 Grown Tree in Subdivi ion or Minor Land Partitions 1.5" Caber Street or Oren 441 ver tree Grown Tree in Land Use Review vnes other han Subdivisions or Minor Land Partitions 2'in Height or 1 Gallon $367 per tree 3/1/2013 Container Minimum Stand Grown Tree in SubdivisiQm or Minor Land Partitions 2' in Heig=ht or 1 Gallon 351 bei 1 2Q1 Container Minimum Stand Grown Tree in Land Use Review Tvbes other than Subdivisions or Minor Land Partitions 5 Amendment No. 2 approved by council on 11/27/2012—Ordinance No. 12-11 Amendments to the Urban Forestry Code Revisions Based on Council Direction Amendment 2 (Policy Issue 4): Do not require tree removal permits for single family residential developments. Applies to Ordinance No. 12-11 Code/Manual Section: Tigard Municipal Code Chapter 8.12 (Trees that were Required with Development) 8.12.010 Purpose The purpose of this chapter is to establish standards and procedures for the maintenance, removal and replacement of trees that were required with ljiizh dens' residential and non_residential development to maintain their environmental, aesthetic, social and economic benefits after the development process is complete. 8.12.020 General Provisions A. The provisions of this chapter do not apply evidertee that one of the foi4owin eydsts! to residential developments in the R- R-2, R-3.5_ R-4.5. R-7_ and R-12 !s ric B The provisions of this chanter do apply when there is substantial evidence that one of the following situations e i t 1. Except for those develor)men s listed in 8.12.020.A above_ Itrees were planted or preserved under a requirement found in Title 18 or found in a land use permit; and 2. Trees t required as replacements for trees originally required under 8.12.020.AB-.1 above. BE. The city manager or designee shall utilize all available land use permit records and data when determining whether a tree is subject to the provisions of this chapter. Note: The corresponding commentary for the code amendments is amended as follows to provide a record of legislative intent: Chapter 8.12 TREES THAT WERE REQUIRED WITH DEVELOPMENT Chapter 8.12 establishes the framework for permitting decisions for trees that were required to be planted or preserved by a land use permit for high density residential and non residential develo ment when the removal is not associated with an active land use permit. The intent of the legislative amendments in Chapter 8.12 is to supersede the planting and preservation requirements for trees that were required by prior land use decisions. This includes trees that are recorded as preserved on property deeds as a result of past land use 6 Amendments to the Urban Forestry Code Revisions Based on Council Direction decisions. However, for these deed restricted trees, applicants (and not the city) will be solely responsible for identifying and removing any applicable deed restrictions. The city will provide any signatures necessary to facilitate the removal of deed restrictions for trees permitted for removal by decisions pursuant to Chapter 8.12. The reason for not red renmits for trees required with development in low and medium density residential development is because the owners of these properties are Likely to maintain and »reserve trees in these locations regardless of code requirements The circumstances where owners decide to remove healthy trees required with development are expected to be neydigible when compared with Tigard's overall urban forest However ant to note that the hermit requirements for Street and Median Trees (Chapter 8,08), Trees in Sensitive Lands (8.10), Trees that were Planted using the Urban Forestry Fund (8=14) and Heritage Trees (9,16) would continue to apply even in low and medium density residential development In addition if significant tree grovare 12reserved in low and medium density residential develolpment, the Significant tree grovel reservation _rggements in section 18.790.050.D would apply. 8.12.010 Purpose The purpose statement explains that the chapter establishes standards and procedures for trees that were required with high density residential and non residential development to maintain their benefits after the development process is complete. 8.12.020 General Provisions The provisions of Chapter 8.12 apply to trees required to be planted or preserved i density residential and non residential develo men by a land use permit and trees that are required as replacements for said trees. The provisions of Chapter 8.12 do not al)j)ly to residential developments in the R-1_ R-2, R- 3.5R-4.5, R-7 and R-12 districts since these are the primary locaiions of s'n le family residences. The proviso ecify "residential developments" so as not to exempt non residential developments such as schools in residential districts from the requirements-. 8.12.030 Maintenance of Trees That Were Required With Development Trees that were required to be planted or preserved in igh density residential and non ent residential developmby a land use permit are required to be maintained per tree care industry standards. 8.12.040 Removal of Trees That Were Required With Development Amendments to the Urban Forestry Code Revisions Based on Council Direction Permits obtained through the City Manager Decision Making Procedures or the City Board or Committee Decision Making Procedures are required to remove trees required to be planted or preserved in high denser residential and non residential development by a land use permit. e 8 Amendment No. 3 approved by council on 11/27/2012—Ordinance No. 12-11 Amendments to the Urban Forestry Code Revisions Based on Council Direction Amendment 3 (Policy Issue 5): Clarify that hazard trees are required to be removed only in response to verified complaints. Code/Manual Section: Tigard Municipal Code Section 8.06.020 (Hazard Trees Prohibited) A. Hazard trees that areverified throuah theHazard Tree Evaluation and Abatement Procedure in Section 1 of the Urban Forestry Manual are prohibited within the City of Tigard. B. Any hazard tree owner or responsible party identified through the Hazard Tree Evaluation and Abatement Procedure in Section 1 of the Urban Forestry Manual shall be required to complete hazard tree abatement. C. Failure of a hazard tree owner or responsible party identified tbrougb the _Hazard Tree Evaluation and Abatement Procedure in Section 1 of the Urban Forestry Manua,Lto complete hazard tree abatement is a nuisance under Chapter 6.02 and subject to penalties under Chapter 1.16. Note: The corresponding commentary for the code amendments is amended as follows to provide a record of legislative intent: Chapter 8.06 HAZARD TREES The hazard trees chapter creates a framework for addressing hazard trees. The guiding principles for Hazard Trees are in Volume I y of the legislative adoption package for the Urban Forestry Code Revisions. These guiding principles represent the consensus view of the citizen advisory committee that advised staff on the Urban Forestry Code Revisions. 8.06.020 General Provisions Hazard trees (defined in Chapter 8.02) that are verified through the Hazard Tree Evaluation and Abatement Procedure in Section 1 of the Urban Forest_a Manual are prohibited in Tigard. The reason for si2ecifvina that the prohibition applies only to hazard trees verified throuj4h the 12rocedure in the Urban Forest_nz Manual is to avoid the large scale removal of tree rn�rty, owners that would otherwise be unclear whether or not their specific trees are hazards. The procedure in the Urban Forestry Manual includes an evaluation by a tree risk assessor of the probability of failure, size of defective part and target area before determininz whether a tree is a hazard. 9 Amendment No. 4 approved by council on 11/27/2012—Ordinance No. 12-09 Amendments to the Urban Forestry Code Revisions Based on Council Direction Amendment 4 (Policy Issue 7): Enhance purpose statement in Chapter 18.790 to draw a clearer link between the details in the Urban Forestry Manual and the overall purpose of the development code revisions. Code/Manual Section: Tigard Development Code Section 18.790.010 (Purpose) Purpose. The purpose of this chapter is to implement the City's urban forestry goals aim in the Comprehensive Plan as recommended by the Urban Forestry Master Plan.- b3z estabhshinp,,: A Tree canopy cover requirements for new development�regardless of the amount of e i ting trees on site; B Alternatives to meeting tree canopy cover requirements when e uivalen environmental functions or values are provided; C Flexible and incentive based requirements to facilitate the planting of�larjze stature trees and tb preservation of existing trees and significant tree groves- D. oves-D Requirements h ensure successful implementation of urban forest 1p ans curing and after site development: and F A process for modifying urban forest_a Wans toWan address chanaes that occur ddurina the develo ment process. Note: The corresponding commentary for the code amendments is amended as follows to provide a record of legislative intent: 18.790.010 Purpose The purpose hits been simplified to statement cross references the Comprehensive Plan and Urban Forestry Master Plan. Both documents provide the detailed policy basis for the extensive revisions to Chapter 18.790. Examples of the chapter provisions that implement the City's urban foresta goals are provided to t*ive users of the code a better understanding of the overaU pumose of the chaper. 10 Amendment No. 5 not approved by council on 11/27/2012. This language will not be codified in 18.790.030 Amendments to the Urban Forestry Code Revisions Based on Council Direction Amendment 5 (Policy Issue 7): Add the canopy requirements in the code to draw a clearer link between the details in the Urban Forestry Manual and the overall purpose of the development code revisions. Code/Manual Section: Tigard Development Code Section 18.790.030 (Urban Forestry Plan Requirements) A. Urban Forestry Plan Requirements. An urban forestry plan shall demonstrate the following effective tree canopy coverer irements will be met in the following districts: Effective Tree Canotiv District Cover Requirement 40% for overall site and R-1. R-2, RR-3.5. R-4.5 and R-7 districts, except for schools 15% for each lot or tract (18-130-05-0a)) _ 33% for overall site -12. R-25.R-40, C-N_C-C, C-G. C-P, MUE.MUE-1_MUE-2_ -P districts, excei2th 8.130.050(l) 25% for overall siteMU-CBD. MUC-1. I-L and I-H districts, and for schools (1 8.130,050(l)) in all distticia An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person possessing dual certifications as a certified arborist and certified tree risk assessor (the project arborist); Note: The corresponding commentary for the code amendments is amended as follows to provide a record of legislative intent: 18.790.030 Urban Forestry Plan Requirements This section is renamed to Urban Forestry Plan Requirements,. The effective tree canopy cover requirements are included in the code to provide users of the code a clearer understanding of the overall pumose of the Urban Forestry Plan Requirements without requiring them to read through the details of the Urban Forestry Manual The effective tree canopy cover�uirements were extensively tested during the peer review phase of the Urban Forestry Code Revisions and were found to be achievable through plan 'ng and preservinn an amount of tree canopy that is acceptable to the community. The peer review results can be found in Volume II and a more detailed description of the canopy standards can be found in Volume V of the legislative ado tion package for the Urban Forestry Code Revisions. 11 Amendment No. 6 approved by council on 11/27/2012—Ordinance No. 12-09 Amendments to the Urban Forestry Code Revisions Based on Council Direction Amendment 6 (Policy Issue 8): Reduce development costs for Minor Land Partitions by not requiring arborists or landscape architects for partition projects that can meet the requirements by plantingstreet trees in open soil volumes only. Code/Manual Section: Tigard Development Code Section 18.790.030.A (Urban Forestry Plan Requirements) ...An urban forestry plan shall: I 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person possessing dual certifications as a certified arborist and certified tree risk assessor (the project arborist), except for Minor Land Partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by nla ting street trees 'n open soil volumes only; Note: The corresponding commentary for the code amendments is amended as follows to provide a record of legislative intent: 18.790.030 Urban Forestry Plan Requirements Urban forestry plans are required to be developed by a landscape architect or a person certified as both an arborist and tree risk assessor. Many arborists are dual certified, and adding the new requirement for tree risk assessment will help ensure safe conditions during and after construction. Landscape architects often work closely with arborists when developing urban forestry plans, so the option of allowing landscape architects to sign off on the plans has been added to reduce costs by eliminating the need for hiring two urban forestry consultants. i 6 Arborists and landscape arc-hitccts are not required for Minor Land Partitions if the effective tree canopy cover and soil volume _req uirements can be met by i2lanting�s�reet trees in o en coil volumes only . The vumosc of the exereduce costs for small scale residential pests where the required level of specialized professional expertise is limited. 12 Housekeeping Amendments 1-13 approved by council on 11/27/2012 Ordinance No. 12-09 and Ordinance No. 12-11 Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 1: Ensure consistency in the title of Chapter 8.02. Applies to Ordinance No. 12-11 Code/Manual Section: Tigard Municipal Code Chapter 8.02 (Definitions, Penalties and Administrative Rules) TIGARD MUNICIPAL CODE Title 8 URBAN FORESTRY Chapters: 8.02 DEFINITIONS,PENALTIES AND ADMINISTRATIVE RULES 8.04 TREE PERMIT PROCEDURES 8.06 HAZARD TREES 8.08 STREET AND MEDIAN TREES 8.10 TREES IN SENSITIVE LANDS 8.12 TREES THAT WERE REQUIRED WITH DEVELOPMENT 8.14 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND 8.16 HERITAGE TREES Chapter 8.02 DEFINITIONS}PENALTIES AND ADMINISTRATIVE RULES Amendment 2: Correct a cross reference in Section 8.02.020.0 (Defining Words). Applies to Ordinance No. 12-11 Code/Manual Section: Tigard Municipal Code Section 8.02.020 (General Provisions) C. Defining Words. Words used in this title and the Urban Forestry Manual have their normal dictionary meaning unless they are listed in Section 8.02.050. Words listed in Section 8.02.0450 have the specific meaning stated, unless the context clearly indicates another meaning. 13 Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 3: Ensure the term "Diameter at breast height (DBH)" is placed in alphabetical order in Section 8.02.050 (Definition of Specific Words). Applies to Ordinance No. 12-11 Code/Manual Section: Tigard Municipal Code Section 8.02.050 (Definition of Specific Words) Gly_. "Dripline" - The outer limit of a tree canopy projected to the ground. 44-G. "Diameter at breast height (DBI " - The average diameter of the trunk of a tree measured 4 '/a feet above mean ground level... note: reverse order to place terms in alphabetical order 14 Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 4: The Pacific Northwest Chapter of the International Society of Arboriculture (PNWISA) developed the current tree risk assessment methodology and certification program. Due to the success of the program, the International Society of Arboriculture (ISA) is in the process of adopting the program internationally. However,in the process of adopting the regional program for international users, the ISA expects to modify some of its aspects. Terry Flanagan,local arborist, tree risk instructor and President of the ISA, has advised on how to address the expected modifications in light of the pending adoption of the Urban Forestry Code Revisions. Specifically, he has advised generalizing the term "certified tree risk assessor" to "tree risk assessor" because of anticipated revisions to the certification process, and replacing reference to "PNWISA" with "ISA" to reflect the international scope of the program. Finally, he has advised retaining the numerical rating system since that is the currently adopted standard. If the numerical system is revised in the future, it may be replaced with the updated system. The following amendments implement these recommendations. Applies to Ordinance No. 12-09 and 12-11. Ordinance No. 12-09 affects Title 18 also known as the Community Development Code while Ordinance No. 12-11 covers affected chapters in the Tigard Municipal Code consisting of active and reserved Titles 1-17. Code/Manual Section: Tigard Municipal Code Section 8.02.050 (Definition of Specific Words) D. "Gei4i k44T=risk assessor" -An individual eerti€ed deemed qualified by the International Society of Arboriculture to conduct tree risk assessments. [note: re-lettering of the section is required to place terms in alphabetical order] Code/Manual Section: 'Tigard Municipal Code Section 8.02.050.I (Hazard Tree Related Definitions) 2. "Hazard tree - Any tree or tree part that has been or could be determined by an independent eertified tree risk assessor to constitute a high level hazard requiring hazard tree abatement with an overall minimum risk rating of 8 for trees or tree parts up to 4 inch DBH, 9 for trees or tree parts greater than 4 inch and up to 20 inch DBH, or 10 for trees or tree parts greater than 20 inch DBH using the most ..-_..rent_.er-s:.._ a the tree risk assessment methodology in Appendix 1 of the Urban Forestry M� anual. 3. "Hazard tree abatement" -The process of reducing or eliminating a hazard to an overall risk rating of less than 8 for trees or tree parts up to 4 inch DBH, 9 for trees or tree arts greater than 4 inch and up to 20 inch DBH, or 10 for trees or tree parts greater than 20 15 Housekeeping Amendments to the Urban Forestry Code Revisions inch DBH using �� the west ��--�� the tree risk assessment methodology developed by the international goeiety of Arboriettitu in An_nen ix 1 of the Urban Fore try Mmual through pruning, tree removal or other means in a manner that complies with all applicable rules and regulations. Code/Manual Section: Tigard Development Code Chapter 18.115 (List of Terms) wed Tree Risk Assessor See Tree Related Definitions Tree Related Definitions • Caliper • Certified Arborist • Certified Tree Risk Assessor [note: re-ordering of the section is required to place terms in alphabetical order] Code/Manual Section: Tigard Development Code Section 18.120.030.A.170 (Tree-related definitions) C. "Certified Tree Risk Assessor" - An individual eertified deemed qualified by the International Society of Arboriculture to conduct tree risk assessments. g. "Hazard Tree" - Any tree or tree part that has been or could be determined by an independent wed tree risk assessor to constitute a high level hazard requiring hazard tree abatement with an overall minimum risk rating of 8 for trees or tree parts up to 4 inch DBH, 9 for trees or tree parts greater than 4 inch and up to 20 inch DBH, or 10 for trees or tree parts greater than 20 inch DBH using the most e "e~t-ersio~ or the tree risk assessment methodology in Amp endix 1 of the Urban Forestry Manual. h. "Hazard Tree Abatement" - The process of reducing or eliminating a hazard to an overall risk rating of less than 8 for trees or tree parts up to 4 inch DBH, 9 for trees or tree parts greater than 4 inch and up to 20 inch DBH, or 10 for trees or tree parts greater than 20 inch DBH using the most eurrent version o the tree risk assessment methodology developed by the international goeiety afm,�bar-iettlttt in Appendix 1 of the Urban Forestry Manual through pruning, tree removal or other means in a manner that complies with all applicable rules and regulations. [note: re-ordering of the section is required to place terms in alphabetical order] Code/Manual Section: Tigard Development Code Section 18.790.030 rban Forestry 16 Housekeeping Amendments to the Urban Forestry Code Revisions Plan Requirements) A. Urban Forestry Plan Requirements. An urban forestry plan shall: j 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person . ha iibo h a certified arborist and Feed tree risk assessor (the project arborist); Code/Manual Section: Urban Forestry Manual Section 1 (Hazard Tree Evaluation and Abatement Procedure) Part 1. Informal Reconciliation ...The claimant is encouraged to support their claim with documentation by a eer-tified tree risk assessor... Part 2. Formal Reconciliation ... Within seven calendar days of receipt of all the required application materials, the city shall gain access to the respondent's property either voluntarily or with a warrant pursuant to Chapter 1.16 of the Tigard Municipal Code, conduct a tree risk assessment by a eei4ified tree risk assessor using the most eurre t vets a-- of the tree risk assessment methodology developed by the Intei-nottionft! Soeiety of Arbotieultu in Appendix 1 of the Urban Fores= Manual, determine if the definition of hazard tree in Tigard Municipal Code Chapter 8.02 has been met and, if necessary, prescribe hazard tree abatement as defined in Tigard Municipal Code Chapter 8.02... Code/Manual Section: Urban Forestry Manual Section 10 (Urban Forestry Plan Standards) Part 3. Urban Forestry Plan - Supplemental Report Requirements: C. The name, address, telephone number, email address;and ISA certified arborist number and P?,n ' 1S a ..i4i fi.a tree i...,_ assessor nber of the project arborist or stamp and registration number of the project landscape architect. Code/Manual Section: Urban Forestry Manual Appendix 1 (Tree Risk Assessment Form) Date of Evaluation: Gei4ified-Tree Risk Assessor: Gei-tifieftte Number.- ISA Number: i Housekeeping Amendments to the Urban Forestry Code Revisions Gertified Tree Risk Assessor Signature: Code/Manual Section: Urban Forestry Manual Appendix 9 (Urban Forestry Plan - Supplemental Report Example Template) General Information ISA Certified Arborist No.: ree G...ti fi d -Tree RiskAssessor r No . Note: The corresponding commentary for the code amendments is amended as follows to provide a record of legislative intent: 18.120.030 Meaning of Specific Words and Terms !',-"-ffied`Tree risk assessor: This term clarifies that eertified tree risk assessors are eertified individuals deemed aua�by the International Society of Arboriculture L SAI to conduct tree risk assessments, The Pacific Northwest Chapter of the International Society Arboriculture (PNWISA) developed the current tree risk assessment methodology an certification program Due to the success of the groat m the ISA is in the process of ado=Rting the 12rogtam internationally. However_ in the process of adore ing the Program for international users the ISA expects to modify some of its aspects. One anticipate modification is replacement of the term "certified treerisk assessor" with the term "qualified tree risk assessor" The term and definition of"tree risk assessor" is flexible enough to rspond to the anticipated d change Hazard tree: The term hazard tree has been made more specific to the current PNWISA Satandards so that a more objective evaluation can be made as to what constitutes a hazard tree. A tiered system of rating hazards ensures the risks associated with small diameter tree parts are not understated while the risks associated with large diameter tree parts are not overstated. The ISA is in the process of adopting the PNWISA pr=am internationally. However, in the process of adopting the progjam for international users, the ISA exl2ects to modify, some of its aspects. The current PNWISA numerical based system is included in Appendix 1 and referees the definition of"hazardtree". If the numerical ystem is revised in the future_ it may be replaced with the undated system. [note: re-ordering of the commentary section is required to place terms in alphabetical order] 18.790.030 Urban Forestry Plan Requirements 18 Housekeeping Amendments to the Urban Forestry Code Revisions Urban forestry plans are required to be developed by a landscape architect or a person eei4ified as that is both ars certified arborist and tree risk assessor. Many arborists both uualifkadQns , and adding the new requirement for tree risk assessment will help ensure safe conditions during and after construction. 18.790.070 Modification to the Urban Forestry Plan Component of an Approved Land Use Permit Two levels of modifications to the urban forestry plan component of an approved land use permit will be allowed. Minor modification will be completed as a staff level, technical review. The following items would be considered minor modifications: • Removal of hazard trees if there is sufficient documentation by the arborist or landscape architect tiGea tee risk assesse Amendment 5: Ensure consistency between the Site Design Standards (Section 18.620.030) and Landscaping and Screening (Section 18.620.070) in the Tigard Triangle Design Standards. Applies to Ordinance No. 12-09 Code/Manual Section: Tigard Development Code Section 18.620.030.A (Site Design Standards) 3. Front yard setback design - Landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If abuilding abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be develo ed to standard in Section 18. Hard-surfaced areas shall be constructe with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040B and Table 18.520.2. 5. Parking location and landscape design - Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. If located on the side, parking is limited to 50% of the street frontage aftd When abutting public streets. = in must be behind a landscaped area constructed to an L-1 Landseape Parking Lot Screen Standard. The minimum depth of the L-1 landscaped area is eight feet or is equal to the adjacen building setback,whichever is greater. All other site landscaping shall be landscaped to an L-216ftndsespe General Landscaping Standard, e3teept where ft side yard ftbttts a ptiblie street;-*414-e-re it sahn.14 be landseftped to ftn The L-1 and L-2 Standards are more fiullv des 'bed in Section 18.620.070. Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 6: Ensure consistency between the Site Design Standards (Section 18.630.050) and Landscaping and Screening (Section 18.630.090) in the Washington Square Regional Center Design Standards. Applies to Ordinance No. 12-09 Code/Manual Section: Tigard Development Code Section 18.630.050.A (Site Design Standards) 3. Front yard setback design. a. Purpose. The front yard is the most conspicuous face of a building and requires special attention. Places for people and pedestrian movement helps create an active and safer street. Higher level of landscape anticipates a more immediate visual result. b. Standard. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be develo ed to the api2licable standard iaStaim 18.630.050.A.5 . Hard- surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. 5. Parking location and landscape design. a. Purpose. The emphasis on pedestrian access and a high quality streetscape experience requires that private parking lots that abut public streets should not be the predominant street feature. Where parking does abut public streets, high quality landscaping should screen parking from adjacent pedestrian areas. b. Standard. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage.and When abutting public streetL4w4jWg must be behind a landscaped area constructed to an L-1 landseape Parking Lot Screen standard. The minimum depth of the L-1 landscaped area is eight feet or is equal to the building setback,whichever is greater. All other site landscaping shall be landscaped to an L-2 � Landscaping standard, ,where it shall be The L-1 and L.-2 standards are more filly described in Section 18.630.090. 2u Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 7: Ensure consistency between the Site Design Standards (Section 18.640.200.B) and Landscaping and Screening (Section 18.640.200.D) in the Durham Quarry i.e. Bridgeport) Design Standards. Applies to Ordinance No. 12-09 Code/Manual Section: Tigard Development Code Section 18.640.200.B (Site Design Standards) 3. Front yard setback design. For setbacks greater than zero feet, landscaping, an arcade, or a hard-surfaced expansion of the sidewalk shall be provided between a structure and a public street or accessway. If a building abuts more than one street, the required- un equired unprovements shall be rovided on all streets. Landscaping shall be developed to the Oft ftefesftvftys. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are required. These areas shall contribute to the minimum landscaping requirements. 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way shall be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified where this requirement applies. If located on the side,parking is limited to 50% of the street frontage.artd When abuttina public streets rl 'ng must be behind a landscaped area constructed to an L-1 hamdseftpe Parking Lot Screen Standard. The minimum depth of the L-1 landscaped area is eight feet or is equal to the building setback,whichever is greater. All other site landscaning shall be landscaped to an L-2 36andseape General Landscaping Standard emeept where a side y-9 See Section 18.640.200.D Amendment 8: Correct a cross reference in Section 18.790.050.C.2 (Adjustments to Setbacks). Applies to Ordinance No. 12-09 Code/Manual Section: Tigard Development Code Section 18.790.050.0.2 (Adjustments to Setbacks) 2. Adjustments to Setbacks. The following setback reductions will be allowed for lots preserving existing trees using the criteria in subsection b a below. 21 Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 9: Correct a cross reference in Section 18.790.050.C.3 (Adjustments to Sidewalks). Applies to Ordinance No. 12-09 Code/Manual Section: Tigard Development Code Section 18.790.050.C.3 (Adjustments to Sidewalks) 3. Adjustments to Sidewalks. ...If a preserved tree is to be utilized as a street tree,it must meet the criteria found in the Landscaping and Screening Section 18.745.040.AAfi. 22 Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 10: During the development of the tree grove preservation incentives, the initial proposal was to require permanent preservation and management of tree groves if applicants utilized any one of the preservation incentives (density transfer, increased building height, setback reduction, etc.). While the Citizen Advisory Committee agreed that permanent preservation was appropriate, they advised staff to strike the management requirement. Their rationale was that the management requirement could be seen as onerous by applicants and act as a disincentive to preservation. Staff struck the management requirement for most of the preservation incentives, but inadvertently failed to strike the requirement for two of the incentives. The purpose of the following amendments is to strike the remaining management requirements consistent with the Citizen Advisory Committee recommendation. Applies to Ordinance No. 12-09 Code/Manual Section: Tigard Development Code Section 18.790.050.D.3 (Adjustments to Commercial Development Standards) 3. Adjustments to Commercial Development Standards. Adjustments to Commercial Development Standards (Table 18.520.2) of up to 50 percent reduction in minimum setbacks and up to 20 feet additional building height are permitted provided: g. The significant tree grove is protected through an instrument or action subject to approval by the director that demonstrates it will be permanently preserved ftnd mimaged such as: Code/Manual Section: Tigard Development Code Section 18.790.050.D.6 (Adjustment to Street and Utility Standards) 6. Adjustment to Street and Utility Standards. If requested, the director shall use his or her discretion when considering adjustments to Chapter 18.810, Street and Utility Improvement Standards and Section 18.745.040, Street Trees provided: b. The significant tree grove is protected through an instrument or action subject to approval by the director that demonstrates it will be permanently preserved an'd ffitt"Etged such as: 23 Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 11: One of the goals when revising the Urban Forestry Standards for Development was to clarify when an urban forestry plan for development is "in effect". The purpose of the clarification is to avoid the current situation where future homeowners must amend their land use approvals to remove trees that were required with development. Initially, the term "active" was used but was later replaced with "in effect" since that term is more commonly used in the land use process. The term "active" was inadvertently left in Section 18.790.060 and the purpose of this amendment is to replace it with "in effect". Applies to Ordinance No. 12-09 Code/Manual Section: Tigard Development Code Section 18.790.060 (Urban Forestry Plan Implementation) B. Inspections. Implementation of the urban forestry plan shall be inspected, documented and reported by the project arborist or landscape architect whenever an urban forestry plan is acerae in effect... Amendment 12: Correct spelling error of a tree's common name in the Urban Forestry Manual. Volume IV—Urban Forestry Manual—Not codified. Code/Manual Section: Urban Forestry Manual Appendix 2 (Street Tree List- Small Stature Trees) Gloryb1ower... 24 Housekeeping Amendments to the Urban Forestry Code Revisions Amendment 13: Generalize cross references from the code to the Urban Forestry Manual. If the administrative rules are modified during the upcoming administrative rule adoption process or any other future date, this will make the process more efficient by avoiding the necessity of making changes to corresponding cross references in the code. Applies to Ordinance No. 12-09 and 12-11. Ordinance No. 12-09 affects Title 18 also known as the Community Development Code while Ordinance No. 12-11 covers affected chapters in the Tigard Municipal Code consisting of active and reserved Titles 1-17. Code/Manual Section: Tigard Municipal Code Section 8.02.050.I (Hazard tree related definitions) 1. "Claimant" -Any person that believes in good faith there is a hazard tree on a property, can demonstrate that their life, limb or property has the potential to be impacted by said tree and seeks resolution through the Hazard Tree Evaluation and Abatement Procedure specified in Seetie_ , of the Urban Forestry Manual. 5. "Respondent" -Any person that receives notice from a claimant seeking resolution through the Hazard Tree Evaluation and Abatement Procedure specified in See~e~ , Of the Urban Forestry Manual. Code/Manual Section: Tigard Municipal Code Section 8.06.030 (Hazard Tree Evaluation and Abatement Procedure) A. Any claimant may seek resolution through the Hazard Tree Evaluation and Abatement Procedure specified in Seetion 4 of the Urban Forestry Manual. B. Once initiated by the claimant,both the claimant and respondent have an obligation to complete the Hazard Tree Evaluation and Abatement Procedure specified in Seetion 4 of the Urban Forestry Manual. Failure of the claimant or respondent to perform their obligations specified in the Hazard Tree Evaluation and Abatement Procedure constitutes a violation of this code by the negligent parry. Code/Manual Section: Tigard Municipal Code Section 8.06.040 (Emergency Abatement Procedure) If the city has reason to believe a hazard tree poses an immediate danger and there is not enough time to complete the Hazard Tree Evaluation and Abatement Procedure in SCCtionT of the Urban Forestry Manual, the city may choose to take immediate remedial action as defined in Section 1.16.150 of the Tigard Municipal Code. Code/Manual Section: Tigard Municipal Code Section 8.08.030 (Street Tree Planting) No person shall plant a street tree without prior written approval obtained through the City 25 i Housekeeping Amendments to the Urban Forestry Code Revisions Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in the Street Tree Planting Standards iu the Urban Forestry Manual. Code/Manual Section: Tigard Municipal Code Section 8.08.040 (Street Tree Maintenance) A. All street trees shall be maintained in a manner consistent with the sStreet tTree mlMaintenance sStandards specified in Seetion 2,pftrt 2 a the Urban Forestry Manual. Code/Manual Section: Tigard Municipal Code Section 8.08.050 (Street Tree Removal) A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in Seetion 3, paft 1 e the Street Tee Removal Standards in the Urban Forestry Manual; or Code/Manual Section: Tigard Municipal Code Section 8.08.060 (Median Tree Planting) No person shall plant a median tree without prior written approval obtained through the City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in Seetion 4, pett 1 a the Median Tree Planting Standards in the Urban Forestry Manual. Code/Manual Section: Tigard Municipal Code Section 8.08.070 (Median Tree Maintenance) A. All median trees shall be maintained in a manner consistent with the inM_edian tTree maintenance sStandards specified in Seetion 4, patt 2 a the Urban Forestry Manual. Code/Manual Section: Tigard Municipal Code Section 8.08.080 (Median Tree Removal) A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in Seetion 5, part 4 o the Median Tree Removal Standards in the Urban Forestry Manual; or Code/Manual Section: Tigard Municipal Code Section 8.10.040 (Sensitive Lands Tree Removal) A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in Se the Sensitive Lands Tree Removal Standards in the Urban Forestry Manual; or Code/Manual Section: Tigard Municipal Code Section 8.12.040 (Removal of Trees That Were Required With Development) 26 Housekeeping Amendments to the Urban Forestry Code Revisions A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in the Development Tree Removal Standards in the Urban Forestry Manual; or Code/Manual Section: Tigard Municipal Code Section 8.14.040 (Removal of Trees that were Planted Using the Urban Forestry Fund) A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in the Urban Forestry Fund Tree Removal Standards in the Urban Forestry Manual; or Code/Manual Section: Tigard Municipal Code Section 8.16.070 (Removal of Heritage Tree Designation) A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in Seetion 9, paft 1 a the Heritage Tree Designation Removal Standards in the Urban Forestry Manual; or Code/Manual Section: Tigard Development Code Section 18.745.040.A (Street Tree Standards) 1. Street trees shall be required as part of the approval process for Conditional Use (Type III), Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III) permits. 2. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. 3. Street trees required by this section shall be planted according to the Street Tree ,&Standards in oaf the Urban Forestry Manual. 4. Street trees required by this section shall be provided adequate soil volumes according to the Street Tree Sol Volume aSitandards in c,.etion 92 of the Urban Forestry Manual. 5. Street trees required by this section shall be planted within the right of way whenever practicable according to the Street Tree Planting,&Standards in Sin 2 of the Urban Forestry Manual. Street trees may be planted no more than 6 feet from the right of 27 Housekeeping Amendments to the Urban Forestry Code Revisions way according to the Street Tree Planting sStandards in c..�2 of the Urban Forestry Manual when planting within the right of way is not practicable. 6. An existing tree may be used to meet the street tree standards provided that: a. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; b. The tree would be permitted as a street tree according to the Street Tree Planting and Soil Volume sStandards in Seetions 2 a-a 42 of the Urban Forestry Manual if it were newly planted; and c. The tree is shown as preserved in the Tree Preservation and Removal site plan (per 18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and supplemental r-Report (per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. 7. In cases where it is not practicable to provide the minimum number of required street trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting and early establishment in an amount equivalent to the City's cost to plant and maintain a street tree for three (3) years (per the Street Tree Planting sStandards in Seetio.. 2-1&f the Urban Forestry Manual) for each tree below the minimum required. Code/Manual Section: Tigard Development Code Section 18.745.050.E.1.a (Screening of parking and loading areas is required) (4) All parking areas, including parking spaces and aisles, shall be required to achieve at least 30% tree canopy cover at maturity directly above the parking area in accordance with the Parking Lot Tree Canopy Standards in Seetio - ,3 4 the Urban Forestry Manual. Code/Manual Section: Tigard Development Code Section 18.790.030 (Urban Forestry Plan Requirements) A. Urban Forestry Plan Requirements. An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person possessing dual certifications as a certified arborist and certified tree risk assessor (the project arborist); 2. Meet the tTree preservation and rRemoval site pPlan standards in Seetion 10, reft 4-4 the Urban Forestry Manual; 28 Housekeeping Amendments to the Urban Forestry Code Revisions 3. Meet the tTree e-Canopy sSite pPlan standards in the Urban Forestry Manual; and 4. Meet the sSupplemental report standards in Seetion 10, part 3 a the Urban Forestry Manual. B. Tree Canopy Fee. If the sSupplemental rReport demonstrates that the applicable standard percent effective tree canopy cover in , ite will not be provided through any combination of tree planting or preservation for the overall development site (excluding streets) or that the 15 percent effective tree canopy cover will not be provided through any combination of tree planting or preservation for any individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall provide the city a tree canopy fee according to the methodology outlined in the Tree Canopy Fee Calculation Reirements in Seetion 10, part 4-e€the Urban Forestry Manual. Code/Manual Section: Tigard Development Code Section 18.790.040 (Discretionary Urban Forestry Plan Review Option) A. General Provisions. In lieu of providing payment of a tree canopy fee when less than the standard effective tree canopy cover , part 3 of the Urban Forestry Manual will be provided, an applicant may apply for a discretionary urban forestry plan review. The discretionary urban forestry plan review cannot be used to modify an already approved urban forestry plan, any tree preservation or tree planting requirements established as part of another land use review approval, or any tree preservation or tree planting requirements required by another chapter in this title. Code/Manual Section: Tigard Development Code Section 18.790.050.D.1 (Reduction of Minimum Density) b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the Simificant Tree Grove Preservation e-Considerations in Seetieft 10, 5-e€the Urban Forestry Manual; and Code/Manual Section: Tigard Development Code Section 18.790.050.D.2.a (Density may be transferred provided that:) (ii) The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the Siw3ificant Tree Grove 29 Housekeeping Amendments to the Urban Forestry Code Revisions Preservation eConsiderations in Seetion 10, part 5 a the Urban Forestry Manual; Code/Manual Section: Tigard Development Code Section 18.790.050.D.3 (Adjustments to Commercial Development Standards) b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the Significant Tree Grove Preservation eConsiderations in Seetion 10, 5-of the Urban Forestry Manual; Code/Manual Section: Tigard Development Code Section 18.790.050.D.4 (Adjustments to Industrial Development Standards) b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the Significant Tree Grove Preservation eConsiderations in Seetion 10, 54 the Urban Forestry Manual..; Code/Manual Section: Tigard Development Code Section 18.790.050.D.5 (Adjustment to Minimum Effective Tree Canopy Cover Requirement) b. The project arborist or landscape architect certifies the preservation is such that the connectivity and viability of the remaining significant tree grove is maximized while balancing the Significant Tree Grove Preservation eConsiderations in Section 10, -5-4 the Urban Forestry Manual; Code/Manual Section: Tigard Development Code Section 18.790.050.D.6 (Adjustment to Street and Utility Standards) a. The adjustments will facilitate preservation and help to maximize the connectivity and viability of a significant tree grove while balancing the Significant Tree Grove Preservation eConsiderations in Seetion 10, part 5 o the Urban Forestry Manual; Code/Manual Section: Tigard Development Code Section 18.790.060 (Urban Forestry Plan Implementation) B. Inspections. Implementation of the urban forestry plan shall be inspected, documented and reported by the project arborist or landscape architect whenever an urban forestry plan is active. In addition, no person may refuse entry or access to the director for the purpose of monitoring the urban forestry plan on any site with an effective urban forestry plan. The ilns ection r$e uirements in the Urban Forestry 30 Housekeeping Amendments to the Urban Forestry Code Revisions Manual shall apply to sites with an effective urban forestry plan. C. Tree Establishment. The establishment of all trees shown to be planted in the tTree eCanopy sSite pFlan (per 18.790.030.A.3) and supplemental tReport (per 18.790.030.A.4) of a previously approved urban forestry plan shall be guaranteed and required according to the tTree eEstabhshment tRequirements in Seetion 11,part 2 a the Urban Forestry Manual. D. Urban Forest Inventory. Spatial and species specific data shall be collected according to the ttIZrban fEorestry 4nventory aequirements in Seeti the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tTree eCanopy sSite pPlan (per 18.790.030.A.3) and sSupplemental tReport (per 18.790.030.A.4) of a previously approved urban forestry plan. Code/Manual Section: Tigard Development Code Section 18.790.070.B (Exemptions) B. Exemptions. The following activities shall be exempt from the Type I Modification to the Urban Forestry Plan Component of an Approved Land Use Permit process: 1. Removal of any tree shown as preserved in the tTree e-Canopy sSite pPlan (per 18.790.030.A.3) and sSupplemental tReport (per 18.790.030.A.4) of a previously approved urban forestry plan provided: a. The project arborist or landscape architect provides a written report prior to removal attesting that either the condition rating , itern D.7 of the Urban Farestrf Nletnuftl) or suitability of preservation rating (per , ' the Subtilementa_l Retiort Reguirren=ts in the Urban Forestry Manual) of the tree has changed to a rating of less than 2; and b. A revised tTree e-Canopy sSite pL_'lan and sSLupplemental tReport are submitted for review and approval prior to removal that reflect the proposed changes to the previously approved urban forestry plan. The revised tTree e-Canopy site pPlan and aSupplemental arbor-istReport shall demonstrate how the effective tree canopy cover requirements ift will be provided by tree planting, preservation and/or payment of a tree canopy fee in lieu of planting or preservation. II 31