Ordinance No. 13-04 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 13-Q�
AN ORDINANCE AMENDING THE TIGARD ZONING MAP TO INCLUDE EXISTING
BOUNDARIES OF THE CITY'S ADOPTED PLAN DISTRICTS; AMENDING EXISTING
TIGARD COMMUNITY DEVELOPMENT CODE CHAPTERS 18.600, 18.610, 18.620, 18.630,
18.640 TO ESTABLISH A UNIFORM NAMING CONVENTION FOR PLAN DISTRICTS
AND CLARIFY WHERE THE REGULATIONS CONTAINED WITHIN EACH CHAPTER
APPLY; AND CREATING TWO NEW CHAPTERS WITHIN THE TIGARD COMMUNITY
DEVELOPMENT CODE TO BE KNOWN AS 18.605 AND 18.650 FOR THE PURPOSES OF
ESTABLISHING APPROVAL PROCEDURES AND STANDARDS FOR PLAN DISTRICTS
AND ESTABLISHING THE DURHAM ADVANCED WASTEWATER TREATMENT
FACILITY PLAN DISTRICT.
WHEREAS, the Tigard City Council directed Planning Division staff to prepare amendments to the
Tigard Community Development Code pertaining to the purpose and approval procedures for plan
districts generally, concurrent with the creation of a new plan district for the Durham Advanced
Wastewater Treatment Plant located within the boundaries of the City;and
WHEREAS, amendments to the Tigard Zoning Map and Tigard Community Development Code
Chapters 18.600 through 18.640 would increase the legibility of the code to future users through the
addition of maps and updated naming conventions;and
WHEREAS, the purpose of creating 18.605 is to establish a clear purpose and procedures for the
adoption and application of plan district standards within the City;and
• WHEREAS, the purpose of creating 18.650 is to implement regulations appropriate to the unique
history of the facility and that support the public interest in maintaining and further developing a
regional wastewater treatment facility while minimizing off-site impacts to adjacent residential land
uses and other public facilities;and
WHEREAS,notice was provided to the Department of Land Conservation and Development at least
35 days prior to the first evidentiary public hearing;and
WHEREAS, notice of the public hearing was performed in conformance with Community
Development Code Chapter 18.390.060.D;and
WHEREAS, the Tigard Planning Commission held two duly noticed public hearings on January 14,
2013 and February 4, 2013 and recommended with a unanimous vote that Council approve the
proposed code amendment,as amended;and
ORDINANCE No. 13-Q q
Page 1
WHEREAS, the Tigard City Council has considered the Planning Commission recommendation; and
WHEREAS, the Tigard City Council has considered the applicable Statewide Planning Goals and
Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or
regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan
Policies;and any applicable provisions of the City's implementing ordinances;and
WHEREAS,the Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and unanimously approves amendments to the Tigard
Community Development Code and Official Zoning Map as being in the best interest of the City of
Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Council adopts the findings recommended by the Planning Commission as
contained in the January 7, 2013 Staff Report to the Planning Commission,included
as "Exhibit A" to this Ordinance.
SECTION 2: Tigard Development Code (Title 18) and the Official Zoning Map are amended as
shown in "Attachment 1 of Exhibit A - Durham Advanced Wastewater
Treatment Facility Plan District Project Report and Draft Amendments –
Planning Commission Recommendation of February 4,2013"
SECTION 3: Council further adopts the background history, project issues, and commentary
contained in "Attachment 1 of Exhibit A" as additional legislative intent for the
corresponding code amendments.
SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor,and posting by the City Recorder.
PASSED: By U 1"10.rinhtl�u� vote of all Council members present after being read by
number and title only,this day of e — ,2013.
Catherine Wheatley, City Recorder
44-1
APPROVED: By Tigard City Council this o Jday of
ar-LOA H. Hchdepa3r� C.ounc-Li R,6<-idenf
ORDINANCE No. 13- c)14
Page 2
Approved as to form`:l
—4
ttorney
Date
ORDINANCE No. 13-_(D
Page 3
Exhibit "A"
Agenda Item: #5
Hearing Date: February 4,2013 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION =
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
CASE NAME: DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN
DISTRICT & GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT
CODEAMENDMENT
CASE NO.: Development Code Amendment (DCA) DCA2012-00004
PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code
(IDC) and Zoning Map in a combined amendment package to adopt two new chapters
and clarify the applicable boundaries of four existing chapters. The City proposes the
adoption of Chapter 18.605 (Plan Districts) to provide approval standards for the
adoption of future plan districts or the modification of existing and future plan districts.
The City and Clean Water Services jointly propose the adoption of Chapter 18.650 to
create a new plan district to govern future development within the 106 acre Durham
Advanced Wastewater Treatment Facility (Durham Facility). The City also proposes
text amendments to TDC Chapters 18.600, 610, 620, 630, and 640 to create a uniform
naming convention and add boundary maps to provide clarity as to where the
regulations apply; boundary maps to be identical to those adopted with the applicable
chapters for illustrative and clarifying purposes only. The City also proposes
corresponding changes to the official Zoning Map to add the boundaries of the
Durham Facility Plan District and four other existing plan districts which are not
presently shown. The proposed amendments for the Planning Commission's review are
included in Attachment 1 and summarized below in Section IV of this report:
APPLICANTS: City of Tigard Clean Water Services
13125 SW Hall Blvd. 2550 SW Hillsboro Highway
Tigard,OR 97223 Hillsboro,OR 97123
ZONES: Chapters 18.600&18.605: Citywide
Chapter 18.610: MU-CBD Zoning District
Chapter 18.620: C-G&MUE
Chapter 18.630: MUC,MUE-1,MUE-2,MUR-1,MUR-2,R-4.5,R-7,&R-12
Chapter 18.640: MUC-1
Chapter 18.650: I-P&R-4.5
LOCATION: Citywide and properties identified in the Attached Maps.
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1, 2, 6, 9, 10, 11 and 13; Metro Urban Growth Management
Function Plan Title 4;Comprehensive Plan Goals 1,2,6, 9, 10,and 11;and Community
Development Code Chapters 18.380 and 18.390.
PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004
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J
Exhibit "A"
SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed code text amendments (Attachment
1) to improve the existing code by adopting Tigard Development Code Chapter 18.605 Plan District standards;
clarifying amendments to Chapters 18.600, 18.610, 18.620, 18.630, and 18.640 of the Tigard Development Code
and official Zoning Map; and Chapter 18.650: Durham Advanced Wastewater Treatment Facility Plan District;
with any alterations as determined through the public hearing process, and make a final recommendation to the
Tigard City Council.
SECTION III. BACKGROUND INFORMATION & PROTECT SUMMARY
The principal purpose of this project is the creation of new land use regulations for an existing regional
wastewater treatment plant within the City of Tigard. These regulations will reside within a new, single-use
plan district to be known as Tigard Development Code ('IDC) Chapter 18.650:Durham Advanced Wastewater
Treatment Facility Plan District. The purpose of this district is to acknowledge the future operation,
modification, and growth of the wastewater facility, while avoiding or mitigating off-site impacts that may
negatively affect adjoining properties and public facilities.
Associated with this project are a series of supporting text amendments to create consistency and clarity
regarding plan districts generally. The first is the proposed creation of Chapter 18.605 (Plan Districts) to
establish a clear purpose statement and approval standards for their adoption and modification. At present the
TDC lacks any standards and guidance pertaining to the adoption and implementation of plan districts. As a
result of this lack, the existing plan districts vary in naming convention or clear maps demarcating where they
are to be applied. The proposed amendments are intended to correct these deficiencies.
Please refer to Attachment 1 for the proposed text and map amendments, including additional background
information,major issues,and commentary. Major project components are listed below.
• Creation of Chapter 18.605 (Plan Districts) to provide a purpose statement for Plan Districts and
approval standards and review processes for their adoption.
• Text Amendments to 18.610 (Downtown), 18.620 (Tigard Triangle), 18.630 (Washington Square), and
18.640 (Durham Quarry aka Bridgeport Village) to create a uniform naming convention and include
boundary maps to clarify where the regulations apply. Map boundaries are based on those established
at the time of adoption of each district.
• Creation of Chapter 18.650 to acknowledge the continued operation and development of the Durham
Facility as a primary allowed use within existing property boundaries. Major components include:
o Remedies a 1998 legislative oversight that accidentally rendered the Durham Facility a
nonconforming land use (grandfathered due to its pre-existing status), making further
expansion and modification difficult. Under the new code, wastewater treatment is
acknowledged as the primary use of the affected properties.
o Replaces the split zoning of the facility (R-4.5 Low Density Residential&Industrial Park)with a
unified set of land use standards specifically tailored for the Durham Facility. Allowed uses and
development standards would be based upon three functional sub-districts: Administrative,
Operations,and Floodplain.
o Land use permits will not be required for a majority of anticipated improvements. However,
major projects along Durham road or those with the potential to negatively impact the
transportation system will still require a conditional use permit.
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Exhibit "A"
o Establishes strict standards to prevent off-site impacts resulting from excessive noise, odors,
light intrusion,and unharmonious building design.
o Waives the requirement for Waverly Drive to be extended across the Durham Facility to 85th
Avenue as a public street,but requires CWS to maintain an improved but gated connection for
emergency service vehicles in a roughly similar alignment.
• Amendment of the Tigard Zoning Map to include the boundaries of the four existing and one new plan
district. Map boundaries are based on those established at the time of adoption of each district, and
only clarify existing boundaries. No changes to existing uses, standards, or district boundaries are
proposed.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
STATEWIDE PLANNING GOALS AND GUIDELINES
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and
the text amendments address only some of the topics in the Statewide Planning Goals, only applicable
Statewide Goals are addressed below.
Statewide Planning Goal 1—Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set
forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected
government agencies and the Val est version of the interested parties list. A notice was published in the Tigard
Tunes newspaper prior to the hearing. After the Planning Commission public hearing,additional notice will be
published pnor to the City Council hearing. A minimum of two public hearings will be held (one before the
Planning Commission and the second before the City Council) at which an opportunity for public input is
provided. In excess of the requirements of the TDC, planning staff held a neighborhood workshop on
December 18, 2012 to invite >nput on the proposed Durham Facility Plan District. Notices of the
neighborhood meeting were mailed to 466 property owners within 1,000 feet of the plan district. One person
attended and did not comment. A project website and a notice in the January edition of Cityscape magazine
were also published in order to invite more citizen participation. This goal is satisfied.
Statewide Planning Goal 2—Land Use Planning:
This goal outlines the land use planning process and policy framework.
FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's
Comprehensive Plan as being consistent with the statewide planning goals. The Development Code
implements the Comprehensive Plan. The Development Code establishes a process and standards to review
changes to the Tigard Development Code. As discussed within this report, the applicable Development Code
process and standards have been applied to the proposed amendment. This goal is satisfied.
Statewide Planning Goal 6—Air,Water and Land Resources Quality
This goal seeks to maintain and improve the quality of the air, water and land resources of the state.
Included within this goal is a requirement that plans should designate areas suitable for use in
controlling pollution including, but not limited to waste water treatment plants; and that such areas
should be buffered and separated to avoid impacts to air,water, and land resources.
FINDING: Clean Water Services holds the NPDES permit for the Tualatin River Watershed, and provides
wastewater treatment to the City of Tigard and other jurisdictions within the watershed. As discussed within
the report, the proposed amendments will establish land use controls that acknowledge the continued
Zoperation and expansion of a wastewater treatment plant to protect water quality and public health, but ensure
the operation and further development of the plant is buffered from adjacent land uses and does not
exceed set thresholds for noise,odor,and light intrusion. This goal is satisfied.
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Exhibit "A"
Statewide Planning Goal 9–Economic Development:
This goal seeks to provide adequate opportunities throughout the state for a variety of economic
activities vital to the health,welfare, and prosperity of Oregon's citizens.
FINDING: The Department of Land Conservation and Development has acknowledged the City's
Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's
Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard
Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied.
Statewide Planning Goal 10–Housing
This goal seeks to provide for the housing needs of citizens of the state.
FINDING: The Department of Land Conservation and Development has acknowledged the City's
Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's
Comprehensive Plan Housing goal and policies is discussed later in this report under Tigard Comprehensive
Plan Goal 10.2 and associated Policies.This goal is satisfied.
Statewide Planning Goal 13–Energy Conservation
This goal seeks to provide for land development and uses that maximize the conservation of all forms
of energy.
FINDING: The proposed amendment to create 18.650 would provide greater flexibility to Clean Water
Services as it continues to implement technology and partnerships related to on-site energy conservation,
energy generation,and nutrient recovery and reuse. This goal is satisfied.
CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed
code amendments are consistent with applicable Statewide Planning Goals.
APPLICABLE PROVISIONS OF THE METRO URBAN GROWTH MANAGEMENT
FUNCTIONAL PLAN
METRO planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations
in compliance with the regional land use goals. Because the proposed Code Amendment have a limited scope
and the text amendments address only some of the topics in the Urban Growth Management Functional Plan,
only the standards of Title 4(Industrial and Other Employment Areas) apply.
Title 4: Industrial and Other Employment Areas
3.07.430 Protection of Industrial Areas
A. Cities and counties shall review their land use regulations and revise them, if necessary, to include
measures to limit new buildings for retail commercial uses—such as stores and restaurants—and
retail and professional services that cater to daily customers—such as financial, insurance, real estate,
legal, medical and dental offices—in order to ensure that they serve primarily the needs of workers in
the area.
B. Cities and counties shall review their land use regulations and revise them, if necessary, to include
measures to limit new buildings for the uses described in subsection A to ensure that they do not
interfere with the efficient movement of freight along Main Roadway Routes and Roadway
Connectors shown on the Regional Freight Network Map in the RTP. Such measures may include,
but are not limited to, restrictions on access to freight routes and connectors, siting limitations and
traffic thresholds.
C. No city or county shall amend its land use regulations that apply to lands shown as Industrial Area
on the Employment and Industrial Areas Map to authorize uses described in subsection A of this
section that were not authorized prior to July 1,2004.
FINDING: A review of the "Title 4 Employment and Industrial Areas Map as of January 18, 2012" reveals the
presence of Industrial Areas within the City of Tigard,including the site of the proposed Durham Facility Plan
District. The proposed amendment to adopt 18.650 (Durham Facility Plan Distrtco would not allow land uses
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Exhibit "A"
described in subsection 3.07.430.A above.The proposed amendments to 18.610-640 do not change the allowed
uses. As a result the proposed amendments meet these standards.
CONCLUSION: Based on the findings above, staff finds that the proposed code text amendment is
consistent with the Urban Growth Management Functional Plan.
TIGARD COMPREHENSIVE PLAN
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because
the Development Code Amendments have a limited scope and the text amendments address only some of the
topics in the Tigard Comprehensive Plan,only applicable comprehensive plan goals and associated policies are
addressed below.
Comprehensive Plan Goal 1: Citizen Involvement
Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the
land use planning process.
FINDING: Notices were sent by US Postal Service to affectedgovernment agencies and the latest version of
the interested parties list. A notice was published in the Tigard Times newspaper and City website prior to the
Planning Commission hearing. After the Planning Commission public hearing, additional notice will be
published prior to the City Council hearing. A minimum of two public hearings will be held (one before the
Planning Commission and the second before the City Council) at which an opportunity for public input is
provided. In excess of the requirements of the TDC, planning staff held a neighborhood workshop on
December 18, 2012 to invite input on the proposed Durham Facility Plan District. Notice for the
neighborhood meeting was mailed to 466 property owners within 1,000 feet of the plan district and on the City
of Tigard website. One person attended and did not comment. A project website and a notice in the January
edition of Cityscape magazine were also published in order to invite more citizen participation. This policy is
satisfied.
Comprehensive Plan Goal 2: Land Use Planning
Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be
consistent with and implement its Comprehensive Plan.
FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code
are consistent with the Tigard Comprehensive Plan. This policy is satisfied.
Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use
program with other potentially affected jurisdictions and agencies.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. Copies of the proposed amendments were sent to all
potentially affected jurisdictions,as further discussed in Section VII below. This policy is satisfied.
Policy 2.1.7: The City's regulatory land use maps and development code shall implement the
Comprehensive Plan by providing for needed urban land uses including:
A. Residential;
B. Commercial and office employment including business parks;
C. Mixed Use;
D. Industrial;
E. Overlay districts where natural resource protections or special planning and regulatory tools
are warranted; and
F. Public Services
FINDING: The pro osed text amendment to create TDC chapter 18.650 will return a critical public facility to
conforming status presently nonconforming due to a 1998 text amendment), allowing the wastewater
treatment facility to provided needed public services to support future urbanization and redevelopment. In
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Exhibit "A"
addition, the roposed language in 18.650 would allow accessory industrial land uses to locate within the plan
district in order to recover nutrients and energy from the waste stream or treatment processes. This policy is
satisfied.
Policy 2.1.12: The City shall provide a wide range of tools, such as planned development, design
standards, and conservation easements that encourage results such as:
A. High quality and innovative design and construction;
B. Land use compatibility;
C. Protection of natural resources;
D. Preservation of open space; and
E. Regulatory flexibility necessary for projects to adapt to site conditions.
FINDING: The proposed text amendments to create the Durham Facility Plan District will establish a wider
range of land use tools to ensure high quality and innovative development through design standards and
regulatory flexibility; will ensure land use compatibility through defined buffering standards and clear and
objective off-site impact standards;will aid in the preservation of open space within the plan district; and will
provide regulatory flexibility necessary for Clean Water Services to respond and adapt to an ever-changing
regulatory and technological environment. The supporting text amendments will ensure that existing and
future plan district chapters will be consistently adopted and implemented in order to achieve similar results.
This policy is satisfied.
Policy 2.1.20: The City shall periodically review and, if necessary, update its Comprehensive Plan and
regulatory maps and implementing measures to ensure they are current and responsive to community
needs, provide reliable information, and conform to applicable state law, administrative rules, and
regional requirements.
FINDING: The proposed amendments are in response to community needs for reliable information, and to
ensure wastewater treatment continues in compliance with applicable state and federal requirements.
At present, three of the four existing plan districts are not clearly identified with maps showing the areas in
which they apply. Moreover, the development code does not establish clear criteria for approval for new plan
districts, or modification of the existing ones. The proposed amendments will address these issues by niadding
maps both within the individual TDC Chapters containing the regulations 18.610-640), and on the official
zoning map, to ensure the public is able to clearly identify the presence and oundaries of each district. The
addition of proposed Chapter 18.605 would also establish clear criteria for the adoption of new plan districts,
and would help to ensure uniformity and clear consistency with the City's various goals and policies.
As the host city, Tigard has an interest in supporting CWS's responsibility to meet strict air and water quality
requirements as it treats the region's wastewater at the Durham Facility. The proposed Durham Facility Plan
District is intended to provide CWS with sufficient flexibility to both plan and quickly respond to applicable
state and federal requirements, while ensuring compatibility with adjoining land uses. Without action by the
City to address the facility's nonconforming status, compliance with applicable state and federal requirements,
as well as necessary capacity upgrades to accommodate regional growth will be difficult if not impossible.
As described above the amendments respond to community needs. This policy is satisfied.
Policy 2.1.24: The City shall establish design standards to promote quality urban development and to
enhance the community's value,livability, and attractiveness.
FINDING: The proposed amendment to create the Durham Facility Plan District will promote quality
development in a high profile location through the design standards proposed for the Administrative sub-
district. The proposed Ian district will also protect the community's value, livability, and attractiveness by
masking the operational unctions of the facility behind vegetative buffers and screening, and imposing clear
and objective standards for noise, odor and glare. At the citywide level, having clear criteria setting forth the
purpose and adopting process for plan districts generally will result in more district specific regulations that will
enhance the community's value,livability,and attractiveness. This policy is satisfied.
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Exhibit "A"
Goal 6.2: Ensure land use activities protect and enhance the community's water quality.
Policy 6.2.2: The Cittyy shall continue cooperation with federal, state, and regional agencies in the
management of Tigard's water resources and the implementation of plans and programs.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district
acknowledges the continued operation,modification, and expansion of the facility. Moreover, the plan district
is structured to provide significant flexibility to CWS as it complies with regi'onal service demands and federal
and state agencies in its continued management of water resources. This policy is satisfied.
Comprehensive Plan Goal 9: Economic Development
Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy.
Policy 9.1.3: The city's land use and other regulatory practices shall be flexible and adaptive to
promote economic development opportunities,provided that required infrastructure is made available.
Policy 9.1.6: The City shall promote actions that result in greater, more efficient, utilization of its
Metro-designated Employment and Industrial Areas.
FINDING: The proposed Durham Facility Plan District is intended to allow the development of a limited
amount of industrial activity within the plan district, provided it is clearly accessory to the treatment process
and is based upon the extraction or processing of raw resources recovered, diverted, or otherwise produced by
the treatment of wastewater. The Intent is to allow the operator of the facility to partner with non-profit or
for-profit entities who wish to develop new technologies, establish or expand new businesses or organizations,
and provide for more employment opportunities in a sustainable industry.
The proposed Plan District Chapter that will govern the establishment of new plan districts will provide
guidance and greater regulatory flexibility and adaptability when trying to adopt new plan districts to address
particular economic development issues. With Metro designated employment and industrial areas present in
both existing and the proposed new plan district, the proposed amendments are expected to provide for more
efficient utilization of these areas.
The applicable economic development policies are satisfied.
Comprehensive Plan Goal 10: Housing
Goal 10.2 Maintain a high level of residential livability.
Policy 10.2.1: The City shall adopt measures to protect and enhance the quality and integrity of its
residential neighborhoods.
Policy 10.2.8: The city shall require measures to mitigate the adverse impacts from differing, or more
intense,land uses on residential living environments, such as:
A. Orderly transitions from one residential density to another;
B. Protection of existing vegetation,natural resources and provision of open space areas; and
C. Installation of landscaping and effective buffering and screening.
FINDING: The proposed Durham Facility Plan District (18.650) requires substantial buffering and screening
around the perimeter of the wastewater treatment facility, and includes clear and objective standards to prevent
off-site impacts to adjacent land uses. These impact standards are specific to common land use Impacts
resulting from wastewater treatment or industrial land uses, and include standards pertaining to noise, odor,
glare, and aesthetic impacts. These regulations are intended to protect and enhance the quality and integrity of
adjacent residential and civic land uses. The proposed Plan District chapter 18.605) will strengthen the City's
ability to adopt and implement additional plan districts to protect an� enhance the City's residential
neighborhoods. Applicable housing policies pertaining to the maintenance of residential livability are satisfied.
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Exhibit "A"
Comprehensive Plan Goal 11: Public Facilities and Services
Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future
needs of the community.
Policy 11.3.2: The city shall continue to collaborate with Clean Water Services in the planning,
operation, and maintenance of a comprehensive wastewater management system for current and
projected Tigard residents.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district
acknowledges the continued operation, modification, and expansion of an existing facility operated and
maintained by Clean Water Services. Moreover, the plan district is structured to provide significant flexibility to
CWS as it complies with reW''onal service demands and federal and state agencies in its continued management
of water resources. This policy is satisfied.
Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and
leisure needs of all Tigard residents.
Policy 11.4.5: The City shall work in conjunction with partner agencies and districts in the planning
and locating of their new facilities.
FINDING: The proposed text amendment to create the Durham Facility Plan District was developed through
a partnership with Clean Water Services, with the work conducted under the terms and conditions of an
intergovernmental agreement signed by both parties. The purpose statement of the proposed plan district
acknowledges the continued operation, modification, and expansion of an existing facility operated and
maintained by Clean Water Services. Moreover, the plan district is structured to provide significant flexibility to
CWS as it complies with regional service demands and federal and state agencies in its continued management
of water resources. This policy is satisfied.
APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE
Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states
that legislative zoning map and text amendments shall be undertaken by means of a Type IV
procedure, as governed by Section 18.390.060G.
FINDING: The proposed text and map amendments are legislative in nature. Therefore, the amendment will
be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public
hearings by both the Planning Commission and City Council. This standard is met.
Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV
applications. The recommendation by the Commission and the decision by the Council shall be
based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines
adopted under Oreon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations
found applicable; 351 Any applicable METRO regulations; 4) Any applicable comprehensive plan
policies; and 5) Any applicable provisions of the City's implementing ordinances.
FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the
recommendation by the Commission and the decision by the Council shall be based. This standard is met.
CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is
consistent with applicable provisions of the Tigard Development Code.
PLAN DIS'I'R1C'1'Ill P,\IEI,OPi111?N'1'(;011l?A1t11:NllhIEN'I' DCA2012-00004
1/14/2013 PUBLIC III?ARING,S'1'AFU RIA ORT TO'1'HF.I)LANNING COIv1MISS10N PAGE 8 Ol;10
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how the City is to adopt or modify an existing community plan area,and where the existing districts apply.
Alternative Action — In lieu of new plan district regulations, the City could modify the Comprehensive Plan
Map and Zoning Map to assign a designation of Heavy Industrial. This would return the Durham Facility to a
conforming use, but would not protect existing and adjacent land uses from potentially significant off-site
impacts such as noise,odor,and light impacts.
SECTION VII. AGENCY COMMENTS
The City of Beaverton was notified of the proposal and had no objections.
City of Tiard Public Works, City of Durham, City of Lake Oswego, City of Tualatin, Washington
D
County, METRO, ODOT, LCD, DEQ, ODFW, Portland Western and Southern Pacific Railroads,
Tigard Tualatin School District, and Tri-Met were notified of the proposed code text amendment but
provided no comment.
ATTACHMENTS:
Attachment 1: Durham Advanced Wastewater Treatment Facility Plan District: Project Report
and Draft Amendments. (January 7,2013)
anuary 7,2013
PREPARED BY: John Floyd DATE
Associate Planner
JJanuary 7,2013
APPROVED BY: Tom McGuire DATE
Interim Assistant Community Development Director ;
F
PLAN DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00004
1/14/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10
Attachment 'T'
CITY OF TIGARD
DURHAM ADVANCED WASTEWATER TREATMENT
FACILITY PLAN DISTRICT
PROJECT REPORT & PROPOSED TEXT/MAP AMENDMENTS
PLANNING COMMISSION RECOMMENDATION
FEBRUARY 4, 2013
Staff Contact:
John Floyd,Associate Planner
503-718-2429
johnfl(a.tigard-or.gov
1
TABLE OF CONTENTS
Section I: Project Background........................................................................3
Introduction
Project Background
Site and Vicinity
Land Use Regulation—History and Context
Intergovernmental Agreement to Establish Plan District
Section II: Maps..........................................................................................9
Existing Land Uses
Existing Regulations
Sensitive Land Areas
Existing Trails&Right of Way
City of Durham Zoning Map
Section III: Project Issues..............................................................................15
Plan Districts Generally
From Master Plan to Dynamic Growth
Off-Site Impacts
Resource Recovery&Public/Private Partnerships
Circulation
Section IV: Proposed Development Code Amendments..........................................21
Changes to Zoning District Map
Changes to 18.120 Definitions
Changes to 18.530 Industrial Zoning Districts.
Creation of 18.605 Plan Districts Generally
Changes to 18.610 Tigard Downtown District Development&Design Standards
Changes to 18.620 Tigard Triangle Design Standards
Changes to 18.630 Washington Square Regional Center
Changes to 18.640 Durham Quarry Design Standards
Creation of 18.650 Durham Advanced Wastewater Treatment Facility Plan District
Section V:
Appendices..........................................................................................89
A. Technical Memorandum: Background and Suggested Approach for Addressing
Odor
B. Technical Memorandum: Suggested Approach for Addressing Noise
2
SECTION I: PROJECT BACKGROUND
Introduction
This project proposes new land use regulations for an existing regional wastewater treatment plant
within the City of Tigard. These regulations will principally reside within a new, single-use plan
district. The purpose of this district is to acknowledge the future operation,modification, and
growth of the wastewater facility,while avoiding or mitigating off-site impacts that may negatively
affect adjoining properties and public facilities. Associated with this project is a new development
code chapter intended to govern plan districts generally,as the code presently lacks a clear
mechanism for their adoption and administration.
Project Background
Founded in 1970,Clean Water Services (CWS) is a special district charged with managing water
quality within the Tualatin River watershed,including the operation of separate stormwater and
sanitary sewer systems that service urbanized Washington County. Operating under a watershed
based National Pollutant Discharge Elimination System (NPDES) permit, sanitary sewer treatment
occurs at four treatment facilities located in Hillsboro,Forest Grove,and the City of Tigard. The
second largest of these,Durham Advanced Wastewater Treatment Facility (Durham Facility),began
operations in 1976 and replaced 14 decentralized wastewater plants scattered around the region. In
1978 the facility was annexed by the City of Tigard.
The service population of Durham Facility is approximately 210,000 people residing within the cities
of Beaverton,Durham,King City,Sherwood,Tigard,Tualatin,portions of Southwest Portland and
Lake Oswego,and unincorporated urban areas within Washington County. Durham Facility is
designed to clean an average of 26 million gallons of wastewater per day (MGD) in dry weather, and
a daily wet weather average of 79 MGD. Average flows consist of approximately 96 percent
domestic and 4 percent industrial and commercial waste. Effluent water is discharged to the
Tualatin river or for reuse by Tigard High School and nearby golf-courses for irrigation purpose.
Biosolid waste (approximately 14 dry tons daily) is removed for use as soil amendments by
agricultural users.
During a routine pre-application conference for a new"Fats, Oils,and Grease" building,the City of
Tigard discovered that Durham Facility is no longer an allowed land use within either of the zoning
districts it straddles. This fact renders the Durham Plant a nonconforniing land use, complicating
upgrades of the existing facility and prohibiting expansion beyond the current footprint. From a
practical and regulatory standpoint,this is not a tenable situation due to potential risks to public
health, the difficulties it creates for CWS to comply with state and federal regulations,and the city's
interest in maintaining a cooperative relationship with CWS. Moving the facility would present
significant costs to both Tigard and the region that are neither practicable nor quick. As a critical
regional facility that cannot be easily relocated,and is charged with meeting stringent state and
federal permitting standards,both the City of Tigard and CWS find it prudent and desirable to
amend the Tigard Community Development Code to allow necessary expansion and upgrades.
3
Site and Vicinity
As shown on maps contained in Section II of this project report,Durham Facility encompasses 8
parcels and approximately 106 acres of land within the City of Tigard. Elevation on the site varies
by approximately 70 feet,sloping in a southerly direction towards the Tualatin River. Approximately
two-thirds of the site consists of an upland area,with the remainder located within Tualatin River
floodplain. A steep embankment roughly demarcates these two areas. The upper campus contains
administrative offices and extensive landscaping along the northern boundary,which visibly screen
the waste processing and recovery facilities occupying the center of the campus. An artificial berm
roughly demarcates the western boundary of the upper campus,and is intended to screen the facility
from adjacent residential and educational land use. The lower campus is largely undeveloped
including restored riparian forest,oak savannah, and wet prairie interspersed with public trails that
connect to a regional trail network. Inventoried wetlands cover a significant portion of the lower
campus.
As shown on the existing land uses map within Section I1 of this report, the campus is roughly
bounded by Durham Road to the North,railroad tracks to the southeast, the Tualatin River to the
South,and a variety of adjoining land uses along the northeastern and western perimeters. Adjacent
land uses within the City of Tigard include two light industrial parks,Durham Elementary School,
Tigard High School,Waverly Estates Subdivision,and Cook Park. Beyond Durham Road to the
north are a mixture of single and multi-family land uses,and a small neighborhood commercial
center. Durham City Park adjoins the campus to the east, and Tualatin Country Club lies across the
Tualatin River to the south.
As shown on the Trails and Existing Right of Way map in Section I1 of this report,Durham Facility
is roughly bisected by SW 85`h Avenue,a designated arterial and bike route,which provides primary
access to the facility via Durham Road and Hall Boulevard. Adjoining Durham Facility to the west
is Waverly Drive, the primary access road for Waverly Estates Subdivision,which ends at a barricade
at the Durham Facility boundary. Unimproved right-of-way connects Waverly Drive with SW 85`h
Avenue,crossing a restricted but largely unimproved portion of Durham Facility. Public sidewalks
and mixed-use trails provide cross-campus connections along 85th Avenue and across the lower
campus area,connecting to Cook Park,Durham City Park, and Tualatin Community Park via the
Kia-a-kuts Bridge.
Land Use Regulation—History and Context
Following annexation in 1976,the City of Tigard authorized two major expansions in 1990 and 1999
respectively. Both were processed as Conditional Use Permits,with the latter subject to multiple
"minor modifications"in subsequent years.
A review of City records revealed the following land use permits applicable to the facility:
■ CU88-07—Authorized construction of the Headworks Building on west side of 85`h Avenue.
■ CUP90-00002 -Authorized a major modification of the existing conditional use (expansion
of Durham Facility).
■ CUP90-00003—Sensitive Lands Review authorizing fill in a designated floodplain.
■ VAR90-00015—Variance to exceed maximum allowable height in the I-P Zone.
■ CUP1999-00003—Major Modification authorizing a three-phased expansion through 2010.
4
■ CUP2000-00001 —Cook Park Expansion,including the construction of an emergency access
drive / bike-pedestrian pathway between 85`h Avenue and Cook Park. This trail was
constructed in part on CWS property.
■ SDR2002-Site Development Review for a new 100'monopole and associated equipment
buildings.
■ ZCA2003-00007—Zone Change Annexation to annex three CWS owned parcels and one
City of Tigard owned parcel.
■ MMD2007-00009—Minor Modification authorizing a fourth carrier on previously approved
monopole.
■ MMD2009-00009 allowed changes to two driveway entrances.
■ MMD2009-00023 allowed the construction of a 480 square foot pole barn.
■ MMD2010-00001 allowed the replacement of an interior heating unit with an exterior
heating unit on a 75 sq. ft. pad.
■ MMD2010-00007 allowed expansion of the existing headworks building by approximately
2,000 square feet.
As a result of incremental expansion,Durham facility is now within multiple Comprehensive Plan
designations and Zoning Districts. The majority of the facility is within Public Institution and Open
Space designations,with the more recent expansion within Low Density Residential or Light
Industrial designations. Zoning on the property is similarly split,with a majority of the property
zoned Industrial Park,and the remainder R-4.5 Low Density Residential. Surrounding land uses are
zoned Industrial Park to the east and residential to the north and west. Properties to the south and
southeast are located within the Cities of Durham and Tualatin. None of the existing districts allow
waste-related land uses,restricting if not prohibiting the future expansion and upgrades of the
facility.
Inventoried sensitive land areas are present on a significant portion of the campus, and
predominantly in the southern portion of the site near the Tualatin River. The lower campus
(approximately 36 acres) is located almost entirely within FEMA 100 year floodplain. Within the
floodplain are wetland areas that appear on the City of Tigard Local Wetlands Inventory (Unit 9;
Wetlands F-19,F-21,and F-26). Significant habitat areas are also present on the southerly portion
of the campus. Steep slopes (greater than 25%) have also been identified, and are scattered around
the campus as a result of natural processes and human activity.
1998 Development Code Revisions
The Tigard Community Development Code (TDC) categorizes the existing wastewater treatment
facility as a "waste-related" land use (IDC 18.130.070.H). A review of Tigard Development Code
Tables 18.510.1 and 18.530.1 reveals that waste-related land uses are no longer an allowed use in
either of the zoning districts that govern the facility. This complicates,if not prohibits, future
modifications and expansions of Durham Facility.
This nonconformity appears to be the result of text changes to the Tigard Development Code
during its last major update and reorganization in 1998. A review of Ordinance No. 98-19 revealed
that the land use category for"utilities"was broken up into two separate categories: "basic utilities"
and"waste-related". Of the two categories, the treatment plant clearly falls into the latter as there is
little ambiguity in the descriptive language or examples provided. This change in the Development
5
Code was not reflected in the 1999 conditional use permit which incorrectly classifies the wastewater
treatment plant as a "basic utility". The record is unclear as to how this error was made.
Intergovernmental Agreement to Establish a Plan District
As a matter of policy,the City of Tigard wishes to support the continued operation and upgrade of
Durham Facility. This position is reflected in the recently updated Comprehensive Plan (see Goal
11.3 and Policies 11.3.2&3) which calls for continued collaboration with CWS in the planning,
operation, and maintenance of a wastewater management system. In order to further this policy
position, the Community Development Code (Title 18) must be amended.
Two options for amending the development code were evaluated by City of Tigard and CWS staff,
including: (1) a zone change and comprehensive plan amendment to assign a Heavy Industrial land
use designation,and (2) the creation of a new plan district with site specific regulations to provide
flexibility and better protections for adjoining properties. Of the two, both the City of Tigard and
CWS prefer the plan district option. While the Heavy Industrial District allows the operation of a
wastewater treatment plant,it is a district intended for the operation of intensive land uses that
would generally be disruptive to adjacent and established residential,commercial,and civic land uses.
As a result, the City's Heavy Industrial District regulations do not contain standards that can
adequately protect sensitive adjacent land uses. In contrast the plan district option is able to provide
more flexibility to CWS in performing its mission,while providing superior mitigation of off-site
impacts to adjoining residences, schools,and public facilities. This solution was formalized in an
Intergovernmental Agreement that was approved by the City Council June 12,2012.
The signed intergovernmental agreement does not bind the City or CWS to a particular outcome.
Rather,it forms a broad framework for mutual cooperation in the development of new land use
regulations. Of particular note is Special Term B.3 of the IGA that sets forth the purposes of the
Durham Facility Plan District:
Purposes of Durham Facility Plan District. The Durham Facility Plan District is intended to provide
standards while preserving CWS's flexibility in the operation, modification, up grade and expansion of the
Durham Facility. The City and CWS desire to establish through the Durham Facility Plan District a
single framework and process allowing for the following.
a. the expansion o f the Durham Facility to accommodate future urban growth or enhanced wastewater
treatment capability;
b. the adaptation of the Durham Facility to satisfy changes in environmental or regulatory standards
and to incorporate technological advances or new methodologies in: wastewater treatment;waste-
handling andprocessing and wastewater, energy, and nutrient recovery;
C. avoidance, management, andl or mitigation of negative ofl-site impacts on land uses adjacent to the
Durham Facility, recognitiing that certain impacts are inherent in the operation of a regional
wastewater treatment facility and that such impacts should be balanced with the overall community
benefit such facilities provide;
6
d addressing transportation system impacts from future changes at the Durham Facility;
e. the creation of specific land use and permitting processes for the Durham Facility that=11 allow
permit issuance on a timely basis;and
f. the regulation of land uses,site and building design and environmental impacts from new
development within the Durham Facility Plan District, taking into account the specialised
operational requirements and the regional service nature of the Durham Facility.
This purpose statement guides the form and content of the proposed amendments,and forms the
basis for a mutually agreed upon proposal for the Planning Commission and City Council to
consider.
7
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8
SECTION II: MAPS
()
i ..
III
Existing Lsuid Use
CitV of
�1 c y i
i.
_ Pmpma DwKt Swrdafy
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oto s� '�r "�f �'�!` 1•y
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Map 2: Existing Zoning
Existing Zoning o R-4.
Cit}'of Tigard CO
VropDNrn BundyM
R-7
oCIYoormry R-12
Sep,.24,-Al I_
W DURHAM.RD
! ! O
! ! CV =
W R-4.5
- - - - - - -
Q
w - - -
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•
i-I •
40
R-12
•
R-4.5
! � SepDprobenaive PMR
�lti0na
! GC CmwwntirCamisrar Mixed Use Certtrr Eusiness District
cr+r GNrytWwnoo0 Coommmer" community comm«eir
CA Rrorocumr Commit Neighborhood
Commercial
LH HewY w4j" Neighborhood Cerrrmercwl
H. We V"NO Professional Commercial
w ewsrnl Perk Heavy Industrial
1 µ).M Mad Use Central Business Dktnn Light Industrial
J ktc m ed Us°ConswCg1 Low Density Residenlir
J WA k%X1 lAwed Use EMOO�"vrl t Medium Density Residential
WE-1 Meed Use Emlovnat t Medium High Density Residendel
M,)E.2 Mud Use Employment 2 W Hitt Density Rewdentiel
J WA.1 Abod use MSdwwr i Ir Mixed Use Comm-cir
WAt.2 Mrod Use ResOSMir 2 Mixed Use Empbyment
R•1 30,00062
Ft W Let See Mixed Ilse E
R.2 20AOO$4 Fl Mn Ld See epbymant 1
R3 S 10.000 Se Ft W Lot Sas Mixed Use Empbyment 2
CJI RJ S 7.500 SS Ft Mn Lr Sae Mixed Use Residential 1
R•7 5,000 Sp Ft Mn Let Sm Mixed Use Residaraial 2
' R•12 as0s0 Ss Fl 64 Fl Un L41 SLN a 5¢e Open Space
R•25 Pubic institution
I IRJO e0 Unita PerK»
IPDI Planed Dwvlecmen*r W
(ND) to bm David O"ll"
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11
Map 3: Existing Trails & Right of Way
Existing Trails&ROW ��
t
City of Tigard _ m■
Proposed District Boundary
nava City Boundary i
t
as se, Existing Trans 2 }
t,..� ExIT1Mg ROWy1�I
�■ SW DURHAM RD
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s
if I •
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12
I
Map 4: Sensitive Lands Within Project Vicinity
Existing Sewsitive Lands o -
City of Tigard m a -
jr Propawd Dana eararr ,_ J _
Tpan7 CiN BowWwy ----- �_� I I
Sept.24.V112,
r r r r r r r r r
SW DURHAM RD
> �.10..49
OA
o r iv
1 i
■
■
1
/
■
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1 — _
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- 1K Wetlands
K CWS Buffer
100-Year Floodplain
Slope>25%
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SWater
13
Map 5: City of Durham Zoning Map
)
Zz
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qP
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ayv
City • • Map
SnploDmOV Resitbntiel(SDR) ® Business Park Overlay(BPO)
Multi-DvnaBnp Residential(MDR) Density Bonus for Planned Residential DevelDprnenl(DB-PRD)
- Industrial Park(IP) ELI Multi-Dwelkng Design Overlay(MDDO)
- Olri Park(OP) IN Natural Resources Oveday(NRO)
- Nalural Resources(NR) City Boundary
1 InM•wow
Foal
0 250 000 1,000
14
SECTION III: PROJECT ISSUES
The purpose of this section is to identify key issues to be addressed in the project, followed by
recommended code amendments to address the issues.
Project Issue 1: Plan Districts GenerallX
Issue:
The Community Development Code inadequately regulates the establishment and administration of
plan districts. The four existing chapters (Downtown,Washington Square,Tigard Triangle,and
Durham Quarry) vary in content and form,and present administrative challenges in their
application. These inadequacies generally fall into one of three categories.
■ The Development Code does not address the creation or role of plan districts. This includes
their general purpose,approval process and criteria,relationship to other regulations,and
minimum form and content.
■ Existing plan districts are not uniform in structure, are not always clear in their relationship
to other regulations,and lack identifying maps of where the districts apply.
■ The official Tigard Zoning Map does not identify the boundaries of existing plan districts.
Recommended Actions:
■ Adopt Chapter 18.605 (Plan Districts)to govern the adoption, modification, and administration o_f existing
and future plan districts uathin the City of Tigard.
■ Amend Chapters 18.610, 620, 630, and 640 to include maps ofplan district areas. These maps will be
consistent with existing boundaries as adopted by the City Council.
■ Amend City of Tigard Zoning Map to clearly identifil the boundaries of the four existing plan districts.
Project Issue 2: From Master Plan to Dynamic Growth
Issue:
A review of land use records indicates the city has historically relied upon strictly phased, ten-year
master plans to govern the expansion of Durham Facility. This tool allowed lengthier spacing
between conditional use permits,and set clear expectations for Clean Water Services (CWS) and the
City as to the timing of public improvements and other conditions of approval. This historical tool
is becoming more of a hindrance in the increasingly dynamic and time-sensitive operating
environment under which CWS now operates.
Recent evolutions in flow modeling,waste treatment, and resource recovery are resulting in
significant increases in efficiency and more precise targeting of improvements to predicted
contaminants and flow levels. This efficiency comes with a growing emphasis on modification and
enhancement of existing systems in-lieu of raw capacity expansion,and is resulting in a decreased
use of the strictly phased master plans that have been the historical basis of land use permitting.
This shift makes conditional use permits,the City's historical vehicle for the approval of CWS
master plans,less useful for both CWS and the City as physical improvements are increasingly
15
targeted towards near term demand,with a greater emphasis on modification of existing systems
over expansion.
In addition to technological advances,Durham facility is subject to increasing regulation from the
Oregon Department of Environmental Quality (DEQ),United States Environmental Protection
Agency (EPA),and the United States Department of Agriculture (USDA). These agencies regulate
the release and reuse of effluent water,the operation of power generators and flaring, odor control,
the disposal of biosolids, and the production of fertilizer from recovered nutrients present in the
waste stream. Oversight by these agencies is ongoing through the issuance of operating permits
with stringent performance standards. Applicable legal requirements include,but are not limited to,
the following:
• Federal Clean Water Act
• Federal Clean Air Act
• 40 CFR Part 503 (Standards for the Use or Disposal of Sewage Sludge)
• ORS 454 (Sewage Treatment and Disposal Systems)
• ORS 468A (Air Quality)
■ ORS 468B (Water Quality)
As a result of these technological and regulatory conditions,land use permitting is occurring closer
to construction and with increasing frequency. Without clear and objective approval standards to
aid in design and permit review,both the City and CWS will be subject to increasing administrative
burdens. These increasing administrative burdens may challenge CWS's ability to comply with local,
state,and federal regulations in its planning,operation, and expansions of Durham facility. The
need to further develop the facility must be balanced with a public interest in ensuring that major
improvements with the potential to affect off-site properties are reviewed in a manner that provides
for an appropriate level of public involvement.
Recommended Actions:
■ Amend 18.650 to create asingle-use plan district that acknowledges the continued operation, modification,
upgrade, and expansions o f the Durham Advanced Wastewater Treatment Facility into the long-term future.
■ Adopt clear and objective approval criteria that areflexible in nature and focused on off-site impacts to
adjacent land uses or public•facilities.
■ Adopt land use regulations with cleary defined thresholds of review specific to Durham Facility, that include
an appropriate level of coordination with affected agencies and opportunities for public•comment.
Project Issue 3: Off-Site Impacts
Issue:
Certain off-site impacts are inherent in the operation of a wastewater treatment plant. These
typically include unwanted noise,unpleasant odors, offsite lights and glare,traffic generation,and
aesthetic impacts. Local and regional urban growth has surrounded Durham Facility with land uses
and populations sensitive to such impacts,including single and multi-family homes, schools, and
parks. Moreover, two arterials intersect at the northern boundary of the facility,exposing both
stationary and pass-through traffic to these impacts. Durham Road averages 21,000 vehicle trips per
day along the northern boundary of Durham Facility, and Hall Boulevard approximately 13,700
vehicle trips per day at its intersection with Durham Road. This close proximity creates the
16
potential for conflict between normal operation of the Durham Facility and adjoining residents and
users, should a facility modification or expansion result in a significant increase in trip generation.
The Tigard Development Code attempts to avoid or mitigate impacts originating from waste-related
facilities through site development review (18.360);base zone standards for use,building design,and
site planning (18.530);environmental performance standards (18.725);landscaping and buffering
standards (18.745);and street standards that address traffic impacts (18.810). At present,the only
zoning district to allow a wastewater treatment plant is Heavy Industrial,which allows intensive land
uses that would generally be disruptive to adjacent and established residential,commercial,and civic
land uses. As such,development standards to protect sensitive land uses do not exist within this
district and cannot be utilized within the present context. Moreover,existing environmental
performance standards do not provide adequate clear and objective criteria for noise and odor
reduction,inhibiting both CWS and the city when designing and reviewing new expansions.
To the degree possible,Clean Water Services strives to avoid, reduce,and mitigate offsite impacts
through the use of odor sampling and reduction,noise dampening,glare reduction,and the use of
landscape and architectural enhancements on areas visible from Durham Road,Waverly Road,and
Cook Park. In recent projects CWS has masked process structures through the use of pitched roofs,
masonry exteriors,and a combination of berming and enhanced landscaping intended to screen and
soften views from public parks,right of ways,and other adjacent uses. The facility also hosts an
annual open house,inviting nearby residents and the general public to tour the facility and engage
with CWS staff regarding any concerns they may have.
Recommended Actions:
■ Adopt land use and impact regulations specific to the unique functions f Durham Facility and associated off-
site impacts.
■ Adopt land use regulations thatgovern use and site/building development b sub-district.
■ Adopt clear and objective approval criteria to avoid, reduce, and/or mitigate unwanted noise, odors, light and
glare, and/or transportation system impacts.
Project Issue 4: Resource Recovery& Public/Private Partnerships
Issue:
Operational goals at Durham Facility are shifting away from just wastewater treatment,and towards
a mixture of wastewater treatment and resource recovery. The aim of resource recovery is to move
the operations in a more sustainable direction,both financially and ecologically. Examples of this
include the capture of methane to be used in onsite power generation,the use of effluent water for
irrigation, the diversion of biosolids to agricultural end users in-lieu of landfills,and the removal of
waste stream phosphorus for use as fertilizer. This last example was developed through a
public/private partnership between CWS and Ostara,with Durham Facility serving as a testing
ground and now production facility for Crystal Green® fertilizer. In a similar manner,waste
products from the anaerobic treatment process are being increasingly diverted to energy production
and heat re-use. This presently occurs in the capture and use of methane in on-site power-
generators. Similarly, heat and other by-products may be captured and reused on-site or at the
district level. With an increasing emphasis on resource recovery and waste stream diversion,
including some limited onsite processing and manufacturing by for-profit companies or nonprofits,
17
new land use issues may present themselves. This activity is expected to continue and expand into
the future,and present significant economic development opportunities for Tigard and the region.
Recommended Actions:
■ Adopt use regulations and development standards that antigrf ate the presence ofpublic, non profit, or for-
profit entities and activities engaged in waste stream resource recoverg and processing.
• Adopt use regulations and development standards to govern the use of treatment byproducts forpower
generation and heating.
■ Adopt development standards that address transportation system impacts and other off-site impacts from
activities associated with nutrient recovery and energy production.
Project Issue 5: Site Circulation
Issue:
Durham Facility is a 106 acre campus,occupying a substantial amount of land within Southern
Tigard. The combination of the operational needs of the plant,combined with the large campuses
of the adjoining schools,has resulted in large superblocks that hinder road and bike/pedestrian
connectivity in this area.
Waverly Estates subdivision is the area most affected by this situation. As part of the original
subdivision approval (SUB93-0007), the hearings officer required the provision of emergency access
between the terniinus of Waverly Drive and 85`h Avenue. The access was provided through the
dedication of right of way,20 feet wide, for the purpose of bike/pedestrian access and emergency
vehicle access.
This right of way was recorded but not improved,and Waverly Drive presently terminates at a road
block and not a turnaround. When CWS acquired land on the west side of 85`h and expanded under
CUP1999-00003,a condition required CWS to maintain emergency vehicle access to Waverly Drive.
At present CWS provides emergency vehicle access,but not along the recorded right-of-way,and
security fencing now prohibits the pedestrian/bicycle connection between these two streets.
In 2002 CWS constructed a mixed-use trail and emergency access route between the southern
terminus of SW 85`h and Cook Park. This improvement was approved and constructed as part of
the Cook Park expansion project approved under CUP2000-00001. While direct access is not
provided to Waverly estates, the trail does provide east-west connectivity for bikes and pedestrians
that did not previously exist. This trail was also constructed as a secondary emergency vehicle access
to Cook Park,and by extension Waverly estates and other residential subdivisions should 92nd
Avenue become blocked for some reason.
18
Recommended Actions:
■ Adopt connectivity standards that acknowledge the unique security and operational needs of Durham facility.
■ Adopt connectivity standards specific to the provision of EMS access to Waverly Drive,including.•
o Vacation of existing right of way between 85i8 Ave and Waver
y Drive.
o Termination of Waver
y Drive with a City approved turnaround
o Permanent provision of EMS access across Durbam Facility to WaveryEstates.
19
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0
Attachment "1"
SECTION IV: PROPOSED CODE AMENDMENTS
How to Read This Section
This section is organized by Tigard Development Code chapter number. Where changes are
proposed to existing chapters of the Tigard Development Code,only the affected Section or
Subsection is listed for purposes of brevity.
The proposed amendments and associated commentary are intended to be read in book format,
with even number pages on the left and odd numbered pages on the right. Even-numbered pages
contain commentary on the amendments,which establish,in part,the legislative basis and intent in
adopting these amendments. Odd-numbered pages show the existing language with proposed staff
amendments. Text that is to be added to the code is shown with double nd r in . Text that is to
be deleted is shown with a s ethtaugh. All proposed amendments to add or delete existing
language are identified in red font.
21
Staff Commentary
Staff is recommending the inclusion of plan district boundaries on the official zoning map,as shown
on the opposite page. Inclusion of plan district boundaries is recommended in order to better
communicate the presence and location of special land use regulations to users of the map. It is
expected to be of particular use to parties unfamiliar with Tigard's land use regulations.
Plan District boundaries for all but the proposed Durham Facility Plan District(currently proposed
in this amendment package) are based on previously adopted boundaries as reflected in the
following Council Ordinances:
Ordinance No. 10-2: Downtown Plan District
Ordinance No. 96-41 &97-2: Tigard Triangle
Ordinance No. 00-18: Washington Square Regional Center
Ordinance No. 01-07: Durham Quarry aka Bridgeport Village
22
Existing Community Plan Arras
City of Tigard
® Community Plan Area r�
C] Tigard City Boundary
Taxlot Boundary N
0 0z5 0.5 r VYashington•Square Regional
1 i I i I Center'PIanDwt�
— Mdes
T!gard Tnangle
Plan[7iylnCt Q
t4
i
- � a
Durham Facility
w Plan•Distrsct Bridgeport Village,
s Plan District
Staff Commentary
Staff recommends this statement of intent be abbreviated to remove outdated language regarding
the Tigard Triangle and Washington Square design standards.
24
Proposed Amendments
18.600: C^M*,MUNI PLAN DISTRICT AREA STANDARDS
LEGISLATIVE NOTES
This seetiett is essel a "reserve" section for the City to place special subdistrict development
and/or design standards. For exftmple,the new design stftndards under eensideration for the Tig"d
fee these speeia4 dis
25
Staff Commentary
Chapter 18.605 is proposed by staff to address Project Issue One as outlined in Section III of this
report,namely that the Tigard Development Code does not address the creation or role of plan
districts. This includes their general purpose,approval process and criteria,relationship to other
regulations,and minimum form and content.Adoption of this chapter would resolve this issue
when future plan districts are adopted.
26
Proposed Amendments
CHAPTER 18.605
PLAN DISTRICTS
Sections:
18.605.010 Purpose
18.605.020 Scone of Plan Districts
18,605.030 Relationship to Other Regulations
18.605.040 Adoption Criteria
18.605.050 Review
18.605.060 Plan District Maps
18.605.010 Pur,7ose
Plan districts address concerns un&aue to an area when other zoniniz mechanisms cannot ac i v h
wired results. An area may be uni ue based on natural, economic, or historica rib s: b b�
to problems from rapid or severe transidons of land ;or contain public facilities that rent irP
s 2ecific land use regulations for their efficient operation Plan districts provide a means to modify
zoning�gulations for specific areas defined in special plans or studies Each plan district has its
own nontransferable set of regulations.This contrasts with base zone provisions that are intended to
beapplicable in large areas or in more than one area.
18.605.020 Scone of Plan Districts
Plan district regulations may be apma d in conjunction with a base zone The i2lan-district
provisions may mod& any portion of the regulations of the base zone or other regulations of this
Title The prmdsions may apply additional requirements or allow PYcPption� *o ge=r?1 rPg�an�ns
18,605.030 Relationship to Other Regulations
When there is a conflict between the elan district regulations and base zone or other regulations of
this Title the plan district regulations control The specific regulations of the base zone or other
regulations of this Title apply ur less the plan district provides other regulations for the same
27
Staff Commentary
Chapter 18.605 is proposed by staff to address Project Issue One as outlined in Section III of this
report,namely that the Tigard Development Code does not address the creation or role of plan
districts. This includes their general purpose,approval process and criteria,relationship to other
regulations,and minimum form and content.Adoption of this chapter would resolve this issue
when future plan districts are adopted.
28
Proposed Amendments
18.605.040 Adoption Criteria
A 121an district may be established by a T ane IV imocedure a t forth in 18,390.0 0 if all the
following adoption criteria are met:
A. The area imposed for the.elan district has special characteristics or problems of a natural
economic, historic_public facility, or transitional land u e or development nature which are
not common to other areas of the .itv:
B. Existing base zone provisions are inadequate to achieve a desired public benefit or to
address an identified problem in the area:
C. The 12rol2osed plan district and relzuladQus are h il of a study or plan docum n 'nom thr
special characteristics or problems of the area and how a plan district wrill best add s
relevant issues:and
D. The regulations of the plan district are in conformance with the Comprehensive Plan
18.605.050 Review
Plan districts and their rezWations wiH be reviewed rio i a ly to determine whether theh are still
needed, should be continued_ or amended. Plan districts and their regulations will be r vi w d
part of the process for the update of the Comprehensive Plan
18.605.060 Plan District Maps
The boundaries of each plan district established shaU be shown on maps located at thend of h
plan district chapter, In addition plan district boundaries are identified on the official zo ing�
29
Staff Commentary
Proposed changes to 18.610 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series,and (2) the insertion of clearly legible maps to communicate
previously adopted boundaries. No changes to existing land use regulations or administrative
processes are proposed.
30
Proposed Amendments
Chapter 18.610
TIGARD DOWNTOWN PLAN DISTRICT DEVE16OPMEN-T AND DESIGN
18.610.010 Purpose and Procedures
A. Pu1pose. The objectives of the Tigard Downtown Pan Dis ri
Standtirds are to implement the Comprehensive Plan, Tigard Downtown Improvement Plan,
and Urban Renewal Plan and ensure the quality, attractiveness, and special character of the
Downtown.The regulations are intended to:
1. Facilitate the development of an urban village by promoting the development of a higher
density, economically viable, and aesthetically pleasing pedestrian-oriented downtown where
people can live,work,play and shop for their daily needs without relying on the automobile.
The quality and scale of the downtown urban environment shall foster social interaction and
community celebration.
2. Encourage the integration of natural features and the open space system into Downtown by
promoting development sensitive to natural resource protection and enhancement;
addressing the relationship to Fanno Creek Park; and promoting opportunities for the
creation of public art and use of sustainable design.
3. Enhance the street level as an inviting place for pedestrians by guiding the design of the
building"walls" that frame the right-of-way (the "public realm") to contribute to a safe, high
quality pedestrian-oriented streetscape. Building features will be visually interesting and
human-scaled,such as storefront windows,detailed facades,art and landscaping. The impact
of parking on the pedestrian system will also be limited. The downtown streetscape shall be
developed at a human scale and closely connected to the natural environment through
linkages to Fanno Creek open space and design attention to trees and landscapes.
4. Promote Tigard's Downtown as a desirable place to live and do business. Promote
development of high-quality high density housing and employment opportunities in the
Downtown.
5. Provide a clear and concise guide for developers and builders by employing greater use of
graphics to explain community goals and desired urban form to applicants, residents and
administrators.
B. Conflicting standards.The following standards and land use regulations apply to all development
within the Downtown Mixed Use Central Business District Zoning Distrct (MU-CBD _ whos
boundaries are set forth in Man 18 610 B and on the official zoning mao. With the exception of
public facility and street requirements, if a design standard found in this section conflicts with
another standard in the Development Code, the standards in this section shall govern, even if
less restrictive than other areas of the code.
31
Staff Commentary
This map is proposed for removal because it is difficult to read when printed in black and white,and
is labeled "Proposed MU-CBD Sub-Areas." This title is inaccurate in that these boundaries were
adopted by Council under Ordinance No. 10-2, making the graphic outdated and potentially
misleading. The replacement map retains the existing boundaries of the sub-areas, but removes the
word"proposed"and is redrawn to better print in a black and white format.
32
Proposed Amendments
18.610.020 Building and Site Development Standards
A. Sub-areas. The four sub-areas located on Map 610.A and described below have different setback
and height limits in order to create a feeling of distinct districts within the larger zone.
[no change is proposed to the descriptions of the four sub-areas proposed in 18.610.020.A.1-4]
33
Staff Commentary
This map is proposed as a replacement for existing map 18.610.A. Replacement is recommended by
staff because it is difficult to read when printed in black and white, and is inaccurately labeled
"Proposed W-CBD Sub-Areas." This title is inaccurate in that sub-district boundaries were
adopted by Council under Ordinance No. 10-2, making the graphic outdated and potentially
misleading. The replacement map retains the existing boundaries of the sub-areas, but removes the
word"proposed"and is redrawn to better print in a black and white format,
34
Proposed Amendments
Man 18,610.A
Map 18.610.A 21
MU-CBD Sub-Areas
Cite of "Vigard
` Urban Renewal Oishitt - -
_ 99W-Hall
_ Panno-Burriham
Main-Center {r
Seoons-Commercial - V'
Station Area Overlay
. `••
•• .• ��
•�Kms. •
PNS
�♦ °rte. �
40
♦ 1-
L' h
41*
ti
1 f
� � 1
.0 1
1
1
♦ f
♦ 1
If
� f
♦ 1
♦ f
♦ 1
J
m
J
J
Q
35
Staff Commentary
Insertion of this map at the end of the chapter is intended to create a uniform structure for all plan
districts,and to clearly communicate the plan district boundaries adopted under Ordinance No. 10-2
to users of the Tigard Development Code.
36
♦ _ �� .. - I f o
SW-HALL BLV . .. . . . .• _.J,
Staff Commentary
Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for
A chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly
legible maps to communicate plan district boundaries adopted under Council Ordinances No. 96-41
and No. 97-2. No changes to existing land use regulations or administrative processes are
proposed.
38
Proposed Amendments
CHAPTER 18.620
TIGARD TRIANGLE PLAN DISTRICT
Sections:
18.620.010 Purpose and Applicability
18.620.015 Where These Regulations Apply
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 Purpose and Applicability
A. Design principles. Design standards for public street improvements and for new development
and renovation projects have been prepared for the Tigard Triangle Plan District. These design
standards address several important guiding els adopted for the Tigard Triangle
Plan District including creating a high-quality mixed use employment area, providing a
convenient pedestrian and bikeway system within the Triangle,and utilizing streetscape to create
a high quality image for the area.
B. Development conformance. All new developments, including remodeling and renovation
projects resulting in uses other than single family residential use, are expected to contribute to
the character and quality of the area. In addition to meeting the design standards described in
this chapter and other development standards required by the Community Development and
Building Codes,such developments will be required to:
1. Dedicate and improve public streets, to the extent that such dedication and improvement is
directly related and roughly proportional to an impact of the development;
2. Connect to public facilities such as sanitary sewer,water and storm drainage;
3. Participate in funding future transportation and other public improvement projects in the
Tigard Triangle Plan District, provided that the requirement to participate is directly related
and roughly proportional to an impact of the development.
C. Conflicting standards. The following design standards apply to all development located within
the Tigard Triangle Plan Dist_ri_ct within both the C-G and the MUE zones. If a standard found
in this section conflicts with another standard in the Development Code, standards in this
section shall govern.
39
Staff Commentary
Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 96-41 and No.
97-2. No changes to existing land use regulations or administrative processes are proposed.
40
Proposed Amendments
18.620.015 Where These Regulations Annly
The reaWations of this Chapter apply to the Tigard Triangle P an District.The bo undari s of this
elan district are shown on Man 18 620 A at the end of this chanter and on the official zoning man
[no changes proposed 18.620.020-18.620.090]
41
Staff Commentary
Proposed changes to 18.620 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 96-41 and No.
97-2. No changes to existing land use regulations or administrative processes are proposed.
42
♦'•♦ 'o^
r ,
r�
r r r r.r .r r r r r r • r�i,
d
fD
Staff Commentary
Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No
changes to existing land use regulations or administrative processes are proposed.
44
Proposed Amendments
Chapter 18.630
WASHINGTON SQUARE REGIONAL CENTER PLAN
DISTRICT
Sections:
18.630.010 Purpose and Applicability
18.630.015 Where These Regulations AbblV
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 Purpose and Applicability
B. Design principles. Design standards for public street improvements and for new development
and renovation projects have been prepared for the Washington Square Regional Center Plan
District. These design standards address several important guiding pritteip$k adopted
for the Washington Square Regional Center, including creating a high-quality mixed use area,
providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high
quality image for the area.
18.630.015 Where These Regulations AV&
The regulations of this chanter a12121y the Washington Square Regional Center Plan Distric-r The
boundaries of this plan district are shown on Map 18,630.A located at the end of this chapter,
on the official zoning mall
45
Staff Commentary
Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code,and(2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No
changes to existing land use regulations or administrative processes are proposed.
46
Proposed Amendments
18.630.020 Development Standards
B. Development Standards. Development standards which apply within mixed-use zones in the
Washington Square Regional Center Plan District are contained in Table 18.520.2. Existing
developments which do not meet the standards specified for a particular district may continue in
existence and be altered subject to the provisions of Section 18.630.030.
E. Adjustments to Density Requirements in the Washington Square Regional Center Plan District
The density requirements shown in Table 18.520.2 are designed to implement the goals and
policies of the Comprehensive Plan. These requirements apply throughout the Washington
Square Regional Center zoning districts, but the City recognizes that some sites are difficult to
develop or redevelop in compliance with these requirements. The adjustment process provides
a mechanism by which the minimum density requirements may be reduced by up to twenty-five
percent (251/o) of the original requirement if the proposed development continues to meet the
intended purpose of the requirement and findings are made that all approval criteria are met.
Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to
meet the purpose of the code.
18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional
Center Plan District Mixed Use Districts
/no further changes proposed for this section]
18.630.110 Design Evaluation
The provisions of Section 18.620.090, Design Evaluation, apply within the Washington Square
Regional Center Plan District.
47
Staff Commentary
Proposed changes to 18.630 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code,and (2) the insertion of clearly
legible maps to communicate plan district boundaries under Council Ordinance No. 00-18. No
changes to existing land use regulations or administrative processes are proposed.
48
w '
Washington Square Regional
Center Plan District
City of Tigard
1 N
r Man D*W Boundary
O -
Tigard City Boundary
o x ,
Mwim
Io
14,
o '!
O
GO
- f9
1
Staff Commentary
Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name
of this district from"Durham Quarry"to`Bridgeport Village" to reflect the current name for the
shopping center;and (3) the insertion of clearly legible maps to communicate plan district
boundaries under Council Ordinance No. 01-07. No changes to existing land use regulations or
administrative processes are proposed.
50
Proposed Amendments
Chapter 18.640
DURHAM QUARRY DESIGN STANDARDS BRIDGEPORT VILLAGE PLAN
DISTRICT
Sections:
18.640.010 Purpose
1$.640.015 Where These Regulations Apply
e
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
18.640.700 Floodplain District
18.640.800 Wetlands Protection District
18.640.010 Purpose
The purpose of this district is to recognize and accommodate the changing commercial/residential
marketplace by allowing commercial and residential mixed uses in the approximately seven-acre
portion of the Durhmn Qttftrry Bridgel2ort V'llage site that is within the City of Tigard in the Mixed
Use Commercial (MUC-1) Planning District. Retail, office, business services and personal services
are emphasized, but residential uses are also allowed. A second purpose is to recognize that when
developed under certain regulations, commercial and residential uses may be compatible in the
Mixed Use Commercial District.
18.620.015 Where These Regulations Annly
e
The regulations of this chapter apply to the Bridu ort V_11am Plan District The boundaries of this
elan district are shown on Map 18,640.A located at the end of this chapter, and on the official
zoning
51
Staff Commentary
Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name
of this district from"Durham Quarry"to"Bridgeport Village" to reflect the current name for the
shopping center;and(3) the insertion of clearly legible maps to communicate plan district
boundaries under Council Ordinance No. 01-07. No changes to existing land use regulations or
administrative processes are proposed.
52
Proposed Amendments
18.640.040 Applicability
A. These design standards are applied in the City of Tigard to the Parry
Village Plan District Site. The boundaries of this site are described by the Intergovernmental
Agreement dated March 26,2002.
B. Conflicting standards. In addition to the standards of Chapter 18.520 (Commercial Zoning
District) and other applicable standards of the Development Code, the following design
standards apply to all development located within the Durham Qtmrry Bridgeport V'1 ag Plan
Dis ri - within the MUC-1 zone. If a standard found in this section conflicts with another
section in the Development Code,standards in this section shall govern.
18.640.070 Signs
In addition to the requirements of Chapter 18.780 of the Development Code, the following
standards shall be met:
A. Zoning district regulations. Residential only developments within the MUC-1 shall meet the sign
requirements for the R-40 zone, Section 18.780.130.B; nonresidential development within the
MUC-1 shall meet the requirements of the C-P zone, Section 18.780.130.D.
B. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be
exceeded;no area limit increase will be permitted.
C. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall
signs shall not extend above the roof line of the wall on which the signs are located. No height
increases will be permitted.
D. Sign location. Freestanding signs within the Puritttm Qttftrry Bridgeport Villagc Plan District
shall not be permitted within the required L-1 landscape areas. (Ord. 09-13)
18.640.200 Design Standards
A. Purpose and applicability.
1. Design principles. Design standards for public street improvements for the
Bridgeport Village Plan District site address several importantguiding principles, including
creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system
and utilizing streetscape to create a high quality image for the area.
2. Development conformance. New development, including remodeling and renovation projects
resulting in non-single family residential uses, are expected to contribute to the character and
quality of the area. In addition to meeting the design standards described below and other
development standards required by the Development and Building Codes, developments will be
required to dedicate and improve public streets, connect to public facilities such as sanitary
sewer, water and storm drainage, and participate in funding future transportation and public
improvement projects within and surrounding the Dttrkarn--Qtarry Bridgeport V lla e Plan
District site.
53
Staff Commentary
Proposed changes to 18.640 are limited to (1) the establishment of a uniform naming convention for
all chapters within the 18.600 series of the Tigard Development Code; (2) the changing of the name
of this district from"Durham Quarry"to"Bridgeport Village" to reflect the current name for the
shopping center;and (3) the insertion of clearly legible maps to communicate plan district
boundaries under Council Ordinance No. 01-07. No changes to existing land use regulations or
administrative processes are proposed.
54
Bridgeport Village
Plan District
City of Tigard OG'Py w
-s
` Plan DWWt Boundary �1� Z
Tigard City Boundary cr-
CIO
C
LLU
c
Ji
CO)
Ji z
00 SW LOCUST ST
ra •
a • V
Ax — 1
� C
00
O O
'U
O
5 a
Staff Commentary
The text amendments on the opposite page establish the name and structure for a new chapter to be
inserted as 18.650 of the Tigard Development Code. The purpose of this chapter is to address
Project Issues 2 through 5,as outlined in Section III of this project report.
56
Proposed Amendments
Chanter 18.650
Durham Advanced Wastewater Treatment Facility Plan District
Sections:
18.650.010 Purpose
18.650.020 Where These Regulations ALlp
18.650.030 Uses
18.650.040 Development Standards
1$.650.050 Buffering and Screening Standards
18.650.060 Connectivity Standards
18.650.070 Off-Site Impact Standards
18.650.080 Additional Standards for .on itional lses
18.650.090 Discretionary Review
18.650.100 Temporary Off-Site Impact Pernit
57
Staff Commentary
The proposed amendments on the opposite page establish the purpose and legislative intent of this
chapter.When making interpretations of the text,the Community Development Director or his/her
designee will turn to this section for guidance before rendering a decision. The proposed purpose
statement is based upon the language of an Intergovernmental Agreement(IGA) to undertake this
project(See Appendix V for a copy of the IGA).
58
Proposed Amendments
18.650.010 Pumose
A. Pumose• The pumo e of this district is to regulate the development of Clean Water Services
(CWS) Durham Advanced Wastewater Treatment Facility (Durham Facilitvl in such a manner
that the Durham Facility is able to Grow and adapt to new regulatory and environmental
conditions,w ile avoi ing or i 'garingrnegative off-site impacts to adjacent land uses, Th
Durham Advanced Wastewater Treatment Facility Plan District (Plan DistricthL intended to
provide land use regulations that accomplish the following:
1. AHow expansion of the Durham Facility to accommodate regional urban grog=. h:
2. Allow modification and adaptation of the Durham Facility to satin f� changes in
environmental or regulatory standards and to inco;Vorate new technoloey and methods in
wastewater treatment_waste-handling and processing and wastewater, energy, and nutrient
recovery:
I Reduire avoidance,management and/or mitigation of negative off-site impacts on land uses
adjacent to the Durham Facility, recognizing that certain impacts are inherent in the
operation of a regional wastewater treatment facility and that such impacts should be
balanced with the overa 1 conununity benefit such facilities ovid
4. Regulate land uses, site and badin2 design and environmental impacts from new
development within the Plan District tatting into account the specialized o a Iona
requirements and the regional service nature of the Durham Fa ih
5. Address transportation system impacts from future changcs at theDurham Facility;
6. Establish specific land use and permittinanrocesses for the Durham Facility that«gill allow
Permit issuance on a timely basis:and
7. Ensure Clean Water Services is able to comply with state and federal regua 'on � r aining
to wastewater treatment and to utilize the most efficient and timely technoloev available
59
Staff Commentary
The amendments on the opposite page reference an official plan district boundary map and set forth
the intent and characteristics of the three proposed sub-districts within. As described in Project
Issue 3 of Section 111, the use of sub-districts is proposed as a tool to limit off-site impacts through
differential land uses and development standards appropriate to the function and location of each
area.
By describing the intent and characteristics of each sub-district, the code is providing guidance as to
the land use goals of each district and how the code is to be interpreted in unanticipated situations
or if changes to sub-district boundaries or land use regulations are proposed.
60
Proposed Amendments
18.650.020 Where These Regulations Ap&
A. Boundaries: The regulations of this chat2ter apmly to the Durham Advanced Wastewater
Treatment Facility Plan District. The boundaries of this Plan District_and the sub-districts
T
therein_ are shown on Map 18.650.A at the end of this chapter_ and on the official zoning map.
B. Sub-districts: The three sub-areas identified on MaI2 18.650.A and described below have
different land use and develo ment regulations_ as set forth in 18.650.030 through 18.650.100.
1. Administrative Sub—District—This area is pri_mar lv intended to accommodate the
administrative oft _ laboratories and other support functions of the treatment plant in an
office park setting that is coml2atible with proximate residential and civic land uses to the
north, east and west, The sub-district also contains ol2en sl2ace features that are intended to
provide a buffer between wastewater treatment operations to the south and imp act sensitive
land uses and transportation facilities to the north.
2. Operations Sub-District- This area is intended for the continued operation and expansion
of the wastewater treatment facilities and accessory land uses. Wastewater treatment
processes and accessory resource extraction and processing activities are expected and
allowed by-rilZht in this area wi in an industrial setn .
3. Floodplain Sub-District—This area is within the 100-year floodplain and is constrained by
the l2resence of locaU si2aificant inventoried wetlands, buffers, and vegetated corridors.
Activities with minimal disturbance such as wastewater conveyance facilities and community
recreation uses are allowed within is a a. .
61
Staff Commentary
The proposed amendments on the opposite page establish the allowed land uses within each sub- r
district. Use classifications included in the table are more fully described in existing chapter 18.130
of the Tigard Development Code.
k
The proposed land uses in Table 18.650.1 reflect a policy acknowledgement that the wastewater
treatment plant is the primary land use within the district and is expected to remain as such for the
foreseeable future. As such wastewater treatment and accessory land uses are classified as permitted
land uses within the district. These accessory uses include public and private agencies partnering
with CWS to produce new products and materials from the waste stream. Non-related land uses are
no longer allowed within this part of the city,as the land use regulations have been specifically
crafted for wastewater treatment. The only conditional land use proposed is limited to Industrial
Services within the Administrative Sub-District,and is classified as such due to the potential for off-
site impacts along the Durham Road corridor. For a more detailed background and discussion of
these recommendations,please see Project Issues 2 and 4 in Section III of this project report.
62
Proposed Amendments
8.650.030 Use
A. Types of Uses: For the jumoses of this chanter, uses are regulated within each sub-district of
the Plan District in the following four ways:
1. A permitted (Pl use is a use which i p rmitt d outright within the applicable sub-district, but
subject to all of the aj2phcable provisions of this tide.
2. A restricted 0 use is permitted outrilzht within the applicable sub-dist_ricr providing it is in
compHance with special r airPments exceptions or-restrictions;
3. A conditional (C) use is a use the al2proyal of which is at the discretion of the Hearings officer,
The ap royal process and criteria are set forth in Chal2ter 18,330 of this Title,
4. A prohibited (N) use is one which is not permitted within the applicable sub-district under any
circumstances.
B. Use Table: Permitted uses within the Durham Facility Plan District are limited to those set forth
in Table 18.650.1 of this Chapter. Use classifications identified in Chanter 18.130 but not
included in Table 18,650.1 are not allowed within the Durham Fa 'l 4 Plan Distdct
Unanticipated land uses are subject to the provisions of 18,130,030,
Table 18.650.1
Use Table
Sub-Districts
Land Use Administrative Operations Sub-District Floodplain
Sub-District Sub-District
Waste Related N P N
Office P P N
Basic Utilities P P P
Utility Corridors P P P
Industrial Services Cl P N
General Industrial N R2 N
Community Recreation P P P
Wireless P P P
Communication
Facilities
C11 Re_rtnaed to g4Mgrt faczlities that are clearly ac.•ce ssog to and sunggd the wastewater treatment faczlity and
conducted entirely indoors with the exce tion aLWrkig. Sgport61d ities are pe"mitted conditionally n�thin the
Administrative Sub-District.
Z27 Restricted to industrial land uses that are clearly accessory to the wastewater treatment faahA and utili_ raw
materials recovered diverted and/or produced by the collection and treatment ofwadewater.
63
Staff Commentary
The amendments on the opposite page establish setback and height limits for the proposed sub-
districts.
The entire plan district is subject to a fifty foot setback,with the exception of a special setback
along Durham Road intended to protect the existing large fountain and landscape buffer. These
setbacks represent a significant increase over existing conditions within those portions of the district
presently zone R-4.5 and along the Durham Road corridor.
Setback exceptions are set forth for underground and low-profile equipment. These provisions will
allow Clean Water Services to replace or retrofit existing venting facilities to better control noise and
odor.
For more discussion of these requirements, see also Project Issues 2 and 3 in Section III of this
project report.
64
Proposed Amendments
18.650.040 Development Standards
Develonment within the plan district is subiect to the following d, evelonment standards Relief or
variation from the ao£nlicable requirements of this title may be requested through an adjustment or
variance, as set forth in Chapter 18.370 (Variances and Adjustments)
A. Setbacks* Development wjthin the Plan District h ll be subject o the fo log=ung setback
standards in order to reduce off-site impacts to adio, ining uses and nubhc fac hties
1. Develol2ment shall maintain a 50 foot actback from.the perimeter of the Plan District
apt as set forth in 18 650 040 A 2 through 5 b low
2. Development within the Ad i istrative Sub-District sh ll hLe subirst to a setback from
Durham Road and 85'h-Avenue right of ways as measured from the southeastn dg an
easternmost point of the mein rnamen al fountain, as set forth in Ma In 8 650 B
3. Development located entirely underaround is exempted from setback requirements provided
all other requirements of this title are satisfied including buffering and screening standards
4. Venting fac'ijries related o odor control systems are mowed within the required setback area
Provided they are flush or nearly flush with finished aade• integrate with e i 'nQ
landscal2iniz t ro gh the use of a cover composed of Gravel sand bark Living groundcover
or similar materials; and com ly with all other requimments of this title in 1 ing off-site
impact standards Ancillan�gepment servicing the venting facilities such as irl'g tion
control panels and enclosed fans are aHowed provided they are low 12roftle or flush with the
ground designed to integrate with existing and alLing and comply with all other
requirements of this title including off-site impact standard
5. New structures fronting a pubhc road shall maintain a setback of not less h n on -half of
the projected ultimate road width as measured from centerline of the adjacent roadway
utilizing street width set forth in 18.810.030 of this title (Street Standards)
B. Height Limits: Development shall meet-the folio 'ng sub-dist-riot height requirements in order
to reduce off-site impacts to adjoirjng uses and pubLjc facilities:
1. Development within the Administrative sub-district shaH be s biect to a 45 foot hei h imi
2. Development within the Operations Sub---District h ll be s biect to a 50 foot aci2btlmiL
3. Development within the Floodplajn Sub-Die ric shall-be subject to a 30 foot hei2ht limit,
65
Staff Commentary
The amendments on the following page establish general development standards for the facility.
Proposed regulations for lot coverage,accesson, structures, signs,and minimum lot size are identical
to that of the I-P: Industrial Park zone.
66
Proposed Amendments
C. Lot Coverage and Landscajinx Development within the plan district shall be subject to the
following lot coverage andel landscapinL7 standards
1. Development within the Administrative and Op radms Sieh-Districts Shall he c, 1Z�r o a
maximum lot coverage of 75%_inclusive of all b 'ldings and impervious s rfa and
minimum landscape req * ment menof 25Y.
D. Accessory s n tures•Accessorz Structures sh 11 be subject to the following standards-
1. Accessory structures are 12 .tted and shall megulaj2ghcable development standards
2. All freestanding and detached towers antennas, wind-generating devices and I wing
dishes_ except as otherwise regulated by Wireless Communication Facilities (Chapter 18.7981_
shall have setbacks edual to or greater than the heij4ht of the prol2osed structure Suitable
protective anti-climb fencing;and a landscaped planting screen,in accordance withha ty er
18.745, Landscaping and Screening shall be provided and maintained around these
structures and accessory attachments
E. Sims: Sianays within the elan district shall he subject to the Came regulations as that of the T-P•
Industri1 Park Zoina District.
F. Lot Size: Development within the plan district sha 1 be subiect to the following lot size and
width regulations:
1. Dem ment within the plan district shatl not be s object to a minimi m lot size,
2. Development within the plan district shall be suiect to a 50 foot minimum lot width.
67
Staff Commentary
Amendments on the opposite page establish regulations for buffering and screening and
connectivity standards.
Buffering and screening standards are determined by sub-district,and utilize standards already
present in Chapter 18.745 (Landscaping and Screening). The operations sub-district is subject to
the most rigorous standard present in the code,requiring a buffer of 40 feet in width containing
trees, shrubs,and a hedge, fence,wall,or berm. Lesser standards are required for the
Administrative and Floodplain sub-district due to the less impactful nature of the land uses allowed
in those areas.
It should be noted that buffering and screening is only required along the perimeter of the proposed
plan district. With traffic on SW 85`h Avenue predominantly limited to those accessing the
wastewater treatment facility,or incidental pass-through traffic using public trails on CWS property,
staff does not recommend a mandatory buffer or screening along the interior of the plan district.
Circulation standards are proposed for modification due to the combination of the operational
needs of the plant,combined with the access needs of Tualatin Valley Fire& Rescue,as outlined in
Issue 5 (Site Circulation) in Section III of the project report. If adopted, the proposed connectivity
standards would relieve CWS of having to extend Waverly Place through to 85`"Avenue,while
ensuring the development and preservation of a permanent emergency vehicle access to Waverly
Estates from 85`h Avenue.
For more discussion of these issues,please refer to Project Issues 3 and 5 as described in Section III
of this project report.
68
Proposed Amendments
18.650.050 Buffering and Screening Standards
A. New Development must conform to the req uiremen s of Landscapina and Screening(see
Chal2ter 18,74 5), subject to the foflowing exceptions to Buffering and Screening staudards set
forth in Tables 18.745.1 and 18.745.2:
1. New development within the Administrative Sub-District h ll meet buffer ands d D along
e eastern boundary of the sub-district, as set forth in Table 18.754.2. no buffering or
screening is required along the northern and southern boundaries of the sub-district
2. The Operations Sub-District shall meet buffer standards F along all boundaries of the sub-
district as set forth in Table 18 754 2 with the exception of the boundary between the
Operations Subdistrict and Administradve Subdistrict ,
3. The Floodplain Sub-District shall be subiect to buffer standard A as set forth in Tabl
18.745.2.
4. In Lieu of these standards a detailed buffer area landscaping and screeninlz 121an may
submitted fQr-the for-theDirector's approval as an alternative to the buffer area landscaping and
screen standards provided it affords the same degree of buffering and screening as
required by the
18.650.060 Connectivity Standards
A. New Development must conform to the requirements of Street and Utility Improvement
Standards Chapter 18.810 . subject to the following exce tions
1. Developmen wi hip the Plan District is exeml2ted from block standards set forth in
18.810.040.
2. New development shall provide for emergench vehi lf-access drive between 85�Avenue
and the eastern terminus of Waverly Drive The access drive shall be improved with an
all-weather fire-apparatus access road and ke;box a ss in ordance with T Warin
Valley Fre and Rescue Fire and Life Safety Reuuirements and the Oregon FLe Code
69
Staff Commentary
The amendments proposed on the opposite page establish the purpose for off-site impact standards,
exceptions to these standards, and their relationship to other regulations that may apply to the
operation of the wastewater facility.
The need for new impact standards is discussed in Issue 3 (Off-Site Impacts) of Section III of this
project report. It should be noted that these standards are intended as clear and objective design
standards for new machinery,equipment, facilities,operations and activities. They are intended as
stricter and more clearly measured criteria than those presently contained in Chapter 18.725
(Environmental Performance Standards). Existing standards are unclear and make it difficult for an
applicant or staff to demonstrate compliance with off-site impact standards,both at the permitting
stage and in an enforcement investigation. The proposed standards are intended to remedy this
difficulty.
70
Proposed Amendments
18.650.070 Off-Site Impact Standards
A. P=ose: The 12urpose of this section is to establish standards for neeadve off-site impacts
res, aping from noise odor, and light generated within the boundaries of the Plan District. Th
standards provide a measuraUle way to control and regidate the specified off-site impacts and
protects the occupants and operators of land uses a liacent to the Plan District
B. Exemptions: The off-site impact standards do not a12121y to maclLner;� ea>ii�ment facilities and
merations that were on the site and in compliance with existingregulations at theeffective date
of this Chapter,but do apply to new machinery, uipment facilities orerations and activities
Documentation is the rewonsibility responsibilityof the proprietor of the useif h i ani ion about
when eqi pment or land uses were brought o the sits-
C. Relationship to other Regulations The standards setforth in 18.650,070 do not c„£trscdc nr
replace regulations of the Department of Environmental Qualit<, and any applicable County
State_ and Federal Regulations.
71
Staff Commentary
Existing noise standards are set forth in Chapter 18.725 of the development code,and Chapter
6.02.410-470 of the Tigard Municipal Code. The proposed noise standards for the plan district are
based upon Oregon Department of Environmental Quality standards,as set forth in Oregon
Administrative Rules (OAR) 340-035-0015,and input from CH2MHILL and Clean Water Services
(see memorandum"Suggested Approach for Addressing Noise in Tigard's New Wastewater
Treatment District"in Section V of this project report. They differ from existing standards in both
decibel levels and that they measure an average over time rather than single incidents.
Noise standards are proposed to be measured from the plan district boundary,and not the nearest
noise sensitive unit(i.e. a home,school,or park) in order to ensure compliance over time as adjacent
land uses change and grow.
The following graphic is intended to provide an equivalency for decibel levels specified in the
proposed code:
A-Weighted
Noise Source Sound Level Subjective
at a Given Distance in Decibels Noise Environments Impression
Shotgun (at shooter's ear) 140 Carrier flight deck Painfully loud
Civil defense siren(100 feet) 130
Jet takeoff(200 feet) 120 Threshold of pain
Loud rock music 110 Rock music concert
Pile driver(50 feet) 100 very loud
Ambulance siren(100 feet) 90 Boiler room
Pneumatic drill (50 feet) 80 Noisy restaurant
Busy traffic, hair dryer 70 Moderately loud
Normal conversation(5 feet) 60 Data processing center
Light traffic (100 feet);rainfall 50 Private business office
Bird calls(distant) 40 Average living room library Quiet
soft whisper(5 feety rustling leaves 30 Quiet bedroom
20 Recording studio
Normal breathing 10 Threshold of hearing
Source Beranek, 1998
7?
Proposed Amendments
D. Noise Standards: Development within the Plan District shall comRv with the foflov in=nl, nQ se
standards:
1. Statistical Noise Levels: Equipment facilities, operation or activities within the Durham
Facility Plan District shall not produce sounds that exceed in any one hour the noise levels
specified in Table 18,650.2. as measured at the Plan District boundary or at the furthest
boundan, of adjacent ind s ri11 - .on d pro rti �:
Table 18.650.2
Noise Standards
Allowable Statistical Noise 7AM—10 PM 10 PM —7 AM
Levels, dBA 1
L5, 55 50
Li0 60 55
Li 75 60
1
Nuisr.leyel can be egu2led or exceeded x%of them .
2. Impulse Sound: Eauil2ment, facilities_ operations_ or activities within the Plan Di ri sh 11
not 12roduce any sounds emitted for a duration of less than one second which x d h
sound ressure level of 100dB between the hours of 7am and loom or 80 dB between the
hours of 10 pm and 7 am as measured at the Plan District boundag or at the furthest
boundary of adjacent industrially-zoned pro i s
3. Measurement: Sound level instruments shall conform to the Tigard Municil2al CQdt
L.02.420.
73
Staff Commentary
Odor standards proposed on the opposite page were developed using input from Tom Card,an
odor expert/consultant and as described in a memorandum titled "Background and Suggested
Approach for Addressing Odor in Tigard's New Wastewater Treatment Plan District." This
memorandum can be found in the Section V (Appendices) of this project report. Existing Tigard
code prohibits "the emission of odorous gases or other matter in such quantities as to be readily
detectible[emphasis added] at any point beyond the property line of the use creating the odors." This
standard is difficult to enforce as different people have different thresholds for detection of any
given substance. The proposed text amendment attempts to correct this through the use of readily
available technology operated by a trained professional.
Using a scentometer is a reliable way to quantify odor strength in terms of"Dilution-to-Threshold"
(D/T) ratios. The D/T measurement is the most common method of measuring odors.This allows
experts to quantify odors on a commonly recognized scale.To make a D/T measurement,carbon-
filtered air is mixed with specific volumes of odorous ambient air. The D/T ratio is a measure of the
number of dilutions needed to take the odorous air to its threshold.
A Nasal Ranger is a hand held scentometer that has only six possible output values. These values
are 2,4,7, 15,30,and 60 dilutions to threshold (D/T). Based on experience for wastewater odors a
Nasal Ranger value of 7 D/T is a clear and almost universally objectionable odor. The next lower
value,4 D/T however,is generally only a problem if it is sustained over a long time period. The
lowest value,2 D/T,is almost imperceptible to any but the most discerning nose.
Comparable D/T Standards are listed in the table below:
Location Off-site standard or guideline Averaging times/Comments
Allegheny County WW`IFP,PA 4 D/T(design al 2-minutes
San Francisco Bay Area Air quality 5 D/T Applied after at least 10
district com laints within 90-days
State of Colorado 7 D/T scentometer
State of Connecticut 7 D/T
State of Massachusetts 5 D/T Draft policy and guidance for
composting facilities.
State of New Jersey 5 D/T 5-minutes or less;for
biosolids/sludge handling
facilities.
State of N Dakota 2 D/T scentometer
City of Oakland,CA 50 D/T 3-minute
City of San Diego,CA 5 D/T 5-minutes
City of Seattle WA,WWTP's 5 D/T 5-minutes
Wilsonville,OR 5 D/T &H2S of 5PPB—both 1-hour
averaged
Spokane,WA 5D/T &H2S of 5PPB
Glare Standards are based upon standards used successfully by other jurisdictions in the region and
are intended to protect adjacent properties from unwanted light intrusion. For purposes of
comparison,one foot-candle is approximately the amount of light a birthday candle generates when
measured one foot from the flame.
74
Proposed Amendments
E. Odor Standards: Development ovitlin the Durham Facility Plan District ~hall comply with the
following odor standards:
1. Equipment_ facilities_oyeradons_or activities shall not generate off-site facility odors
detectable at the following scentometer levels using the Nasal Ranyer® field scentometer or
eguivalent device as measured at the Plan District Boundary:
a. Anyone instantaneous measurement of 7 or greater dilutions to threshold (DID; or
b. Ten consecutive readinu equal to or greater than 4 D/T occurring over a ninimum
four-hour period_ to a maximum one-week periQd.
2. If development is found to be noncompliant with the odor standards contained within
17.650.070.B above_Clean Water Services (CWS) shall be responsible for the followin.:
a. Every scentometer reading;in excess of 4 D/T or Greater shall be tracked to the
source of the odor by a trained and certified scentometer operator: and
b. If the source of the odor is found to oriyinater from equipment_ facilities_ operations_
or activities within the Durham Facility Plan District_ CWS shall submit a rel2or
within 90 days of the notice of violation that identifies the cause of the off-site odor
and the stel2srequired to stop reduce_ and/or mitigate the odors.
F. Aare Standards: Development within the Durham Facility Plan District shall coml2ly with the
following
1. Glare sources sha 1 be hooded, shielded or otherwise located to avoid direct or r fl d
illumination in excess of 0.5 foot candles_ as measured at the Plan District boundani or at the
furthest boundary of adjacent industrially-zoned properties.
75
Staff Commentary
The proposed language on the opposite page is intended to provide clarity as to what
documentation is required from an applicant or property owner at the time of permit application,
and from whom the city can accept a report measuring an off-site impact.
76
Proposed Amendments
G. Documentation: The followiniz provisions shall al2plly, at the time of permit application or a
rguest for enforcement:
1. When reviewing a en rmit alzplication the City may accPl2t an evaluation and a pWation
certified by a restered engineer or architect as alZpropriate that the 12roposed development
wi11_meet the off-site imp ct standard or standards in question The evaluation and
explanation shall provide a description of the use or ment, processes and the
mechanisms_ or ea pment used to avoid or mitiaa e off-site im act
2. If the Cite does not have the equipment id evaluate a gpecific
complaint regarding off-site impacts it may request assistance from another agency or may
contract with an independent expert to perform the necessary measurements The City may
accept measurements made by an independent expert hired by the con roller or operator of
the off-site impact source.
77
Staff Commentary
This section sets forth how a project is to be reviewed for compliance with land use standards,and
represents a major change from existing requirements.
All development will fall into two review processes: (1) a conditional use permit review followed by
building permits,or(2) directly to building permits. All development not requiring a conditional
use is permitted outright without a site development review or associated minor modification,and
may proceed directly to a building permit. City staff will verify conformance with land use standards
as part of normal building permit review. The reason for this recommended change is discussed in
Project Issues 2 and 4,as found in Section III of this project report.
78
Proposed Amendments
18.650.080 Discretionary Review
T
A. Development classified as a conditional use in Table 18.650.1 shall be reviewed in accordance
with the Procedures and requirements set forth in 18.330 (Conditional Use) of this title
B. Development meeting one or more of the following criteria shaH be reviewed in accordanc with
the prQcclires and requirements set forth in 18,330 ( on litional ) of of t
1. An increase in vehicular traffic to and from the site in excess of 100 vellides_er day"
2. Theo ning of a new access way onto Durham Road or the improvement of the existing
access way onto Waver-y Drive for other than emergency ve i le a . .
C. Development not meeting the criteria of 18.650.080.A or 18.650.080.B is exempted from site
development review as set forth in 18.360. Review for compliance with applicable standards
shall be performed in conjunction with obtainin2 a building permiL
79
Staff Commentary
The following standards only apply to conditional uses within the administrative sub-district,and are
intended to protect the Durham Road corridor from incompatible development that may present
unwanted aesthetic impacts.
80
Proposed Amendments
18.650.090 Additional Standards for Conditional Uses within the Administrativeub-District
A. Purpose: Conditional Uses are permitted within the administrative sub-district but have the
potential to create unpleasant aesthetic impacts to nearby land uses and travelers upon Durham
Road and Hall Boulevard. These standards are intended to reduce off-skc-immcu and ensure
newdevelopment associated with these activities presents the appearance of a high ,ali office
cam us regardless of the interior activity
B. Standards: Conditional Uses within the Administrative Sub-District shall be subject to the
following development standards in addition to those set forth in 18.330.030 and 18,330-050;
1. Outside Storage - There shall be no outside storage of materials or equipment associated
with a conditional use in the Administrative Sub District, other than incidental delivery and
temporaa staging of materials and equipment.
2. Ground-Floor Windows — All street facing elevations along public streets shall indude a
minimum of 50% of the ground floor wall area with windows or glazed door �L
The ground floor wall area shaH be measured f om three feet above grade to tine feet above
grade the en 're width of ther facing elevation Glazing covered with al2phed window
film shall not be considered in the calculation to meet this standard
3. Building Facades — Facades that face a pub is street shall extend no more han 0 f
without 12rovidine at least one of the followin a feat>>res: (al variation in building materials:
Ib1 a building off-set of at least 1-foot (c) a wa 1 area that is entirefv sett rated from other
wall areas bya roiecdon_ such as an arcade;-or (d1 by other design feawr s that reflect the
bb's structural system.
4. Building Materials — Plain concrete block plain concrete corrugated metal, "ood sheet
press board fiber cement products or vinyl siding may not be used as exterior finish
materials,
5. Roofs - Rooflines shall be desimed as an extension of the primary materials used for the
building and should resl2ect thebuilding's structural system and aitectural smL.
6. All roof-mounted equipment must be screened from view from adjacent public streets
Solar heating and photovoltaic panels are exempted from this standard
81
Staff Commentary
The section proposed on the opposite page is intended to provide for temporary waiver from off-
site impact standards. These permits are intended for unexpected situations or where the strict
application is impractical when dealing with things like major repairs,unexpected system
breakdowns,temporary construction,and the like. As part of the permit review, the City will
ensure that appropriate mitigation measures are in place,including a 24-hour telephone line that is
available for nearby residents to get information or to lodge complaints about the project directly to
Clean Water Services.
On February 4,2013 the Planning Commission made three specific edits to these standards.
1. They moved to clarify the title and purpose of the chapter to make clear where the location
of these standards apply (only the administrative subdistrict),and what the desired policy
goal was (the appearance of a high quality office campus).
2. Amended the glazing standards to prohibit applied window film,and ensure that only glazed
doorways may contribute to the ground floor window standard.
3. Expanded the prohibited building materials list to include fiber cement products.
82
Proposed Amendments
18,650.100 Tem oraM Off-Site Impact Permit
A. latent Specific permits may be granted as deemed necessary to allow activities that�nrotect the
public health and welfare, and where strict compliance with Noise. Odor_ and/or Light
Standards may be inappropriate because of special ' at render strict omn ian
unreasonable ' WaciicaL or would result in the reduction or cessation of wastewater treatment
B. Method of Review:Temporary off-site im act n rmi s o noir odor, and/or lilzht standarda
shall be processed as a Tune I l2rocedure as governed by 18,390,030 using approval criteria listed
in Subsection 18.650.090.D below.
C. Exceptions: Responses to an unexpected failure of a critical waste treatment process are
exempted from the requirement for a tem o a , off-site implCt neurit for up to hr P busines
days_whereupon the facility operator shall submit a complete application for a Temporary Off-
Site Impact Permit.
D. Approval Criteria: The Director shaU approve. approve with conditions or den; an application
for a temporary off-site impact permit based on a finding that the following aiZprovaI criteria are
satisfied:
1. The strict application of the noise odor or light standards set forth in 18,650,0701a
unreasonable,impractical-_or threatens rzuww hcallth_
2. A demonstration that consideration for ire land uses and appropriate aitigation
measures have been incorporated into h qu
3. A public outreach plan will be implemented including a 24-hour telephone contact number
for information and or to lodge complaints about theproject and
4. The off-site impact permit is limited in time and s gpe
83
Staff Commentary
The proposed map on the opposite page sets forth the plan district boundary and sub-districts
within the district boundary. Note the plan district extends to the far side of the right-of-way along
SW Durham Road and SW 85`h Avenue. This boundary recommendation was requested by CWS in
order to ensure that as the roadways are widened in the future,the point at which off-site impacts
are measured becomes further away and not closer to the facility. Staff finds the users of the public
right of way are less sensitive to off-site impacts such as noise,lights,and odors due to the heavy
traffic in the area,and as such the request will not impact nearby sensitive land uses.
84
Nil
ILI
0.2 cl Boundary -4p
th < R
Plan Distfi
r pr
� . y
a
00
)i
a E
till
i
Subdistrict
a
4. t
Floodplain
z of
ii
o-
Subdistrict
WO
+ Ik-
Staff Commentary
The proposed graphic on the opposite page establishes a setback line from Durham Road which is
intended to preserve the existing fountain and landscaped open space in front of Durham Facility.
86
Durham Facility Plan District
DURHAM RD.
■ f
FOUNTAIN",-
OUNT/UN SETBACK
- UNE
s.
SETBACK - !
UNE \
WA
00
i4� \
x y
o
a
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88
SECTION V: APPENDICES
89
Technical INIemorandum
TO: John Floyd/COT,Tom McGuire/COT
FROM: Randy Naef/CWS
CC: Nate Cullen,Tom Card/EMS,Lynne Chicoine,Tim Brooks
DATE: September 25,2012
SUBJECT: Background and Suggested approach for Addressing Odor in Tigard's New Wastewater
Treatment Plan District
This memo was prepared to help provide decision support information as to whether and how an odor
regulation could be implemented as part of the plan ckstrict prooess.
I have taken information from several tech memos from Tom Card,our odor experVconsultant with
Ernnrorunental Management Consulting(with some assistance from CH2M Hill regarding Wilsonville,
Spokane,and Deriver).It is of interest to note that he recommends against a quantitative standard
because of known problems with these types of standards However there are mitigating considerations
that make a quantitative standard desirable from both the City's and the Districts standpoints.
There have been Wensive studies concerning odor regulations over the last few years suggesting a high
level of interest in it. The studies have involved reviewing local,state,national,and international
regulations The memo provides a summary of these regulations by type,and provides some example
threshold values for the quantitative regulations.
Existing Types of Regulations
Current odor regulations fall into one or more of the following categories:
Compound-specific ambient air limits.
The most common Compound used is hydrogen sulfide(1-12S). However,ammonia and mercaptans have
also been included in some regulations. There is a National Ambient Air Standard for hydrogen sulfide of
30 ppbv averaged over a 24 hour period. However,this standard is only used for planning purposes(new
facilities that are mayor sources of air pollutants must demonstrate that they will comply with this
standard) Many states have ambient air standards for HrS as well. Figure 1(Skrtic 2006)slows how
the state standards compare. Note that Oregon is not on the list.
Figure 1.Summary of State HzS Standards(concentration and averaging times).
91
pi-1,11:1:0)
T_
**i-Mjj_
To provide perspective to these numbers, experience indicates thatthe normal odor threshold for H,S is 1
ppbv(0.001 ppmv). Most people notice R at 10 ppbv, and most people are annoyed at 100 ppbv and
5tartto complain, At 1,000 ppbv(1 pprrw)almost anyone will complain.
The advantage of a standard Ike this is that at concentrations over 10 ppbv it is easily quantitatively and
objectively measured. However,it requires a$15,000 instrument(Jerome 631-X). A concentrations
between 0.1 and 10 ppbv R still can be measured, but not easily.
There are two main disadvantages of th is type of sta nd at d:
1. H2S only dominates odors most of the time, but not all ofthe time. There are many odor sources
(wastew ate r solids, livesto ck.even pulp mills)where H.S is not the dominant odorous compound.
Th er efo re this typ e of regulation would be limite d to s o ur ces where H,S is dominate.
2. H2 S n atu ra ItV occurs in any natural anaetobic liquid impoundment. Therefore,th ere are many
locations where H,S odors can be p res ent but with no man-made souroe. Th es e natural sources
rarely exceed 10 ppbv,so 0 the standard is a b ove th at.then this problem is mitigated.
However, in spite of th es e limitations,this type of regulation could be implemented for wastewater
treatment plants if realistic val ues s u ch as the fo Ilowin g we re ch os en:
1. Never to exceed value off-site of 100 ppbv.
2. Maximum one hour aver ag e of 30 ppbv.
It could be possible,but un Ik e bj,that a w astew ater treatment pla nt co uld me et thes e stan da rds and still
generate complaints. Th e r efo re,with this type of regulation,additional Ianguage would a Is o be necessary
to manage possible non,-H2S odors.
N on-0 uarifitative Nuisance Statues
The overwhelming majority of odor regulations fall into this category. The State of Oregon Statue is a
nuisance statue. The C ity of Portland Statue reads-
33.262JO70 01"
A.Odor stwdazd.Cmtrawus,frequerd.,(rrepetkire odors mxy notbe pro&x ed.
The odor tlyes]hold afire point atwhich m odor miyjustbe detecte d
q-)
B.Exception.An odor detected for less than 15 minutes per day is exempt.
Typically these statues are brief,but can elaborate on how a nuisance is determined. The advantages of
this type of statue is that it covers all odor sources. The disadvantage is that it is subjective and based on
the judgment of someone or group of individuals who may or may not have some sort of back agenda.
Quantitative Limits Based on Olfactometery/Scentometer
Whenever there is significant knowledge of odor sources and those sources have been quantified,
quantitative limits can be implemented based on predicting ambient odor concentrations from a stack or
impoundment(atmospheric dispersion modeling)or measuring ambient levels with a scentometer(Nasal
Ranger).
For the atmospheric dispersion modeling approach,this type of standard can be implemented in either of
two ways:
1. Measure the stack concentration of a source and predict the maximum offsite ambient
concentration from the source.
2. Pick a maximum offsite ambient concentration,and back model the required maximum source
concentration that will provide that,
A fundamental problem with this approach,that is often ignored,is that this approach utilizes two different
types of measurement technology that have different absolute scales and different error characteristics.
Source strength odors are measured be laboratory olfactometers with the sample taken and transported
to the laboratory in a Tedlar bag. These measurements are very repeatable(precise)but the accuracy is
unknown for most mixtures of compounds. The current European method(EN 13725)produces blank
values(ultrapure air in a Tedlar bag)of between 25 and 50 dilutions to threshold(D/T). Therefore,no
source lower than this can be measured.
Ambient odors are measured with a scentometer(Nasal Ranger)and have a range of 0 to 60 D/T. A
laboratory sample with a 100 DIT will normally have a Scentometer D/T of 5 to 20. In addition,odors
follow Steven's Law(persistency)where some compounds can be diluted by 90°x,but the perception of
odor only reduces by about 50%. Therefore,you need to choose either a laboratory olfactometer/model
approach or a scentometer approach,they really cannot be mixed. Also note that the scentometer only
has six values that it can output.They are 2,4,7,15,30,and 60 DR. This can be a problem because most
odors become a problem at around 5 D/r,so 4 is normally too low and 7 is normally too high The take
away lesson here is the laboratory olfactmeter's can't measure ambient odors and scentometer's can't
measure source odors.
In spite of these problems,this type of approach has been fairly widely implemented. Table 2 provides
examples of quantitative standards used in this approach. The values for the City of Seattle include both
the West Point and the Brightwater Wastewater Treatment Plants.
Table 2.Exam DVT Standards.
Location Off side stwWwd or uideNne Averagil tinnsZommisnts
Allegheny WVVTP PA 4 DVT 2 minutes
San Francisco Bay Area Air 5 DVT Applied after at least 10
quality district complaints within 90-days
State of Colorado 7 DIT scentometer
State of Connecticut 7 DVT
Slate of Massachusetts 5 W Draft policy and guidance for
oDmposbng facilities.
State of New Jersey 5 DfT 5-mim Aes or less;for
biosolids/sludge handling
facilities.
State of N Dakota 2 D/T scentom �
e
93
City of Oakland CA 50 DIT 3-minute
City of San Diego,CA 5 D/T 5-minutes
City of Seattle WA WiNTP's 5 D/T 5-minutes
Wilsonville,OR 5 D/r &H2S of 5PPB—both 1-hour
averaged.
Spokane,WA 5DIT &H2S of 5PPS
Denver CO 15 D/T
These have never run up against an aggressive court test,and if they did,they would likely fail. Most of
the time,the non-scen Iometer methods are never actually tested for compliance. The scentometer
standards are tested routinely,but require trained staff on scentometers to implement. Expert's
observations of people using scentometers is that the measurements are not very good,even if trained.
Technology Based Standards
This type of standard either specifies a specific technology(type of odor scrubber)or best work practice
to manage odors. tt the technology or work practice standard in implemented,then it is assumed that the
ambient odor level is acceptable. This is not realty germane here.
Zoning or Setback Distances
This is a subset of the technology standards. For this approach the regulation assumes that if you are far
away enough from your neighbors,they can'tsmell you. This is commonly used for agricultural
installations. There may be something here that may help you,if setbacks can be established to
eliminate the offstte odor issue.
(References: Mahin(2004).Measurement an Regulation of Odors in the USA;Skrtic(20D8).
Hydrogen Sulfide,Oil and Gas,and People's Health. Master's Thesis,UCBerketey.)
94
EMC's Initial Summary and Recommendations
Based on this and the previous sections'texts EMC has difficulty recommending voluntarily implementing
a quantitative standard. Indeed,most of the standards that exist today were implemented as a last resort
to solve some intractable problem between the public and the odor source. However, If an odor standards
approach is implemented the following are EMC's recommendations,in order of preference. All of them
have fundamental problems/risks.Suggested thresholds are provided,but these are subject to discussion
and refinement.
1. Use of a soentometer(Nasal Ranger)with a property line limit of 7 Dfr instantaneous,4 DIT four
hour average.
a. Pros
i. Quantitative
ii. Good for all compounds
iii. Protective of both source and public
iv. Fairly extensive track record of success in agriculture
v. Can inexpensively confirm that your plant is in compliance prior to final
agreement.
b. Cons
i. Requires trained staff
ii. Requires Nasal Ranger
iii. Staff training wears off(most people do not use it enough to get good at it).
iv. Some people may think the 7 DIT is too high. Most people can clearly identify
wastewater ours at 7 Dfr. However,the Nasal Ranger only can provide values
of 2,4 or 7,and 4 is too low.
v. Unlikely that the local regulatory staff would do this(sampling).
2. Atmospheric Dispersion Model Predicted Maximum Value of 5 Dfr offsite(Based on Laboratory
Olfactometry of Sources)at a One Hour Average.
a. Pros
i. Quantitative
ii. Based on EMC observations,Durham WWTP should be compliant as is.
iii. Used successfully at West Point in Seattle for 20 years.
iv. If this standard is met,you really can't smell this. The public is fully protected.
b. Cons
i Difficult to fully test(source test plus model).
ii. A little too conservative for the treatment plant,certain process/atmospheric
anomalies could put you over the limit.
iii. it is a substardial project($50,000 to$100,000)to fully execute and document
the source test and dispersion model,if required.
iv. How/If to address/confirm actual compliance?
3. Ambient HzS standard of 30 ppbv for a one hour average.
a. Pros
i. Quantitative
ii. Easy to measure(But requires$15,000 instrument).
iii. Complies with Federal Standard
iv. Most,but not all,wastewater treatment plants in compliance with this don't have
off site odor complaints.
b. Cons
i. Does not cover all odors
ii. Not completely protective of the public by itself.
iii. Will likely need to buy a Jerome 6:31-X($15,00.
95
Summary Regarding the 'Scentometer' Approach to a Quantitative
Standard
Background Summary
A Nasal Ranger is a hand held scentometer that has only six possible output values These values are 2,
4,71 15,30,and 60 dilutions to threshold(Drr) Based on experience for wastewater odors a Nasal
Ranger value of 7 DIT is a clear and almost universally objectionable odor. The next lower value, 4 D/T
however,is generally only a problem if it is sustained over a long time period. The lowest value, 2 D/T,is
almost imperceptible to any but the most discerning nose
Recommendation:
Based on the information provided,and if a quantitative standard is necessary, it would our opinion that a
confirmed and valid Nasal Ranger value of 7 or above would suggest that there would be a negative
impact on neighbors. This level of odor will get an almost instant negative response from most of the
general public. Therefore the threshold for instantaneous measurement should be 7 D/T by a trained
Nasal Ranger operator with the odor clearly identified as a wastewater odor
One of the short comings of the Nasal Ranger approach is that it always takes some time to respond to
odor complaints,so if a member of the public does complain,the Nasal Ranger team will likely not be
able to respond for possibly up to 24 hours In order to accommodate this,a longer term lower standard
should also be available. If an observer with a Nasal Ranger detects a D/T value of 4 at least 10 times
over a period of 4 hours to 1 week,this would also suggest a legitimate negative impact on neighbors
This would allow for repeated visits to the same location to determine if there were a sustained odor
issue.
Note that for all these values the odor does need to be connected to the wastewater treatment plant All
observations should be made with known contemporaneous wind speed and direction values to assure
that the odors are not from roof vents or wastewater collection systems.
Proposed Regulatory Language:
1 All odor measurements will be made using the Nasal Ranger®field scentometer operated by a
trained and certified operator
2. The facility owner will be considered to be out of compliance if the off-site facility odor is at the
following scentometer levels
a. If any one instantaneous measurement is 7 or greater dilutions to threshold(D/T)
b. If 10 consecutive readings equal to or greater than 4 DIT occur over a minimum four-
hour,to a maximum one-week period
c. For every scentometer reading of 4 D/T or greater,the scentometer operator will track the
odor to the source to provide assurance that the facility is the odor source
3 If the facility is out of compliance by the above clause,the facility shall submit a report within 90
days of the notice of violation that identifies the cause of the off-site odor and the steps required
to control the odors to the limits in the above clause
96
MEMORANDUM CH2MHILLo
Suggested Approach for Addressing Noise in Tigard's New
Wastewater Treatment District
PREPARED FOR: Randy Naef/Clean Water Services
PREPARED BY: Lynne Chicoine and Dave Baker
REVIEWED BV: Tim Brooks,Winterbrook Planning
DATE: September 5,2012
PROJECT NUMBER: 422389
Background
The city of Tigard expressed interest in Clean Water Services(CWS)proposing updated noise limits for the new
Wastewater Treatment District. The updated limits will benefit both CWS and the city of Tigard by providing
limits that are more clearly defined technically and that are measurable.
CH2M HILL recommends that CWS propose that the new Wastewater Treatment District address environmental
noise by using the same limits as Division 35 of Chapter 340 of the Oregon Administrative Rules. OAR 35.340 lists
regulations for Industry and Commerce that are typically applied to wastewater treatment plants throughout the
State. The proposed regulations include applicable limits from OAR 35.340 and are attached at the end of this
memorandum.
Comparison of Proposed Noise Limits With Current City of Tigard Code Limits
The city of Tigard noise limits are currently called out in the Tigard Municipal Code(TMC)Chapter 6.02,Article 5.
The noise limits are mostly generic and are not applicable to a wastewater treatment facility. Industrial noise,to
which the operation of a wastewater treatment facility could be argued is similar,is listed as an exception to the
noise limit during hours of 7 a.m.to 8 p.m.under 6.02.450.F.
The environmental noise regulations in the Oregon Administrative Rules are proposed for the new Wastewater
District because:
• The OAR sections are complete and clear on multiple technical issues.
• The OAR limits are representative of those typically applied to wastewater treatment plants.
Following is discussion of some specific issues.
Technical Definitions
Noise is a very technically detailed subject_ The proposed regulations put forth technically accurate definitions
pertaining to noise. The definitions are consistent with OAR 340-035-0015.
Noise Level Frequency Weighting
Environmental noise typically includes noise in a wide range of frequencies. The audible range of frequencies will
vary among individuals,but is approximately 20 hertz(hz)to 20,000 hz. However,the human ear does not detect
noise in all frequencies equally Well. The middle frequencies are heard much better than noise in the lower and
upper frequencies. To evaluate overall noise levels in a way that approximately duplicates the function of the
human ear,almost all environmental noise limits are stated in terms of A-weighted sound pressure level decibels,
abbreviated as dBA. Most regulatory limits for human exposure to overall noise(both environmental and
EXPLANATION WWTE DISTRICT NOINE RULES_W/TN RtxE_OWS2012.00CX T
97
occupational),including the DEQ rules,are stated as dBA. The proposed limits for the wastewater treatment
facilty would use dBA units.
Measurement Averaging Time
The DEQ specifies a one-hour period over which their statistical noise limits apply. This is an important issue as
the measured sound level at any particular location can vary considerably with averaging time.
Noise Level Measurement Descriptor
Noise levels will vary over time. This is taken into account in most noise regulations by specifying the limits as
either a statistical noise level or as an overall limit on a noise energy average basis. Statistical limits are stated as
L_where the xx value is the percentage of time for which a noise level can be exceeded. For example,an L50 limit
of 50 dBA means that 50 dBA is allowed to be exceeded 50°x6 of the time in the averaging period specified in the
regulation. The DEQ overall A-weighted noise limits are clearly stated as statistical noise levels.
Compliance Determination Procedures
The DEQ guidance document includes an identification of the appropriate noise monitoring location for
compliance determination as either;1)no more than 25 feet from the noise sensitive building where the noise is
loudest,or 2)on the property line,whichever is farther from the noise source.
Noise Limits for Properties with No Noise-Sensitive Units
The TMC includes numerical noise level limits that apply for property on which no noise-sensitive units are
located,for example 85"'Avenue. The DEQ noise rules apply to noise sensitive properties which avoids the
potential requirement to meet a noise limit in an area where it will provide no benefit.
Noise Limits Apply to Source Only
The TMC noise limits as currently stated apply to any particular source of noise. However,there is sometimes
confusion over the application of the limits. For example,the measured noise level at any location is typically
affected by multiple sources. The noise levels currently measured at the west property line of the Durham
AWWTF often exceed the TMC limits. However,the noise is usually dominated by non-AWWTF noise sources
such as traffic and general urban background noise. The relatively steady noise from the AWWiF has been shown
to be lower than the limits by measurements made when non-AWWTF noise is minimal. The proposed limits will
apply only to the noise source so that compliance is not affected by noise sources outside the control of the
District.
Examples of Typical Noise Levels
Following is information that can be used to generally describe acoustical environments with noise in the range of
the proposed regulation and identifies some noise regulations from other jurisdictions that would be similar to
our proposed regulation.
Table 1 shows typical sound levels measured in the environment and industry and gives a context or reference for
various noise levels_
2 E1W AkOION WWW 0157WCT Nd9E RM0 WD7 RLIE_0905t012.00Cx
98
SUGGESTED APPROACH FOE ADDRESSING N015E IN TIGARD'S NEW WASTEWATER TREATMENT DISTRICT
Table 1. Typical Sound Levels for Environment and Industry
A-Weighted
Noise Source Sound Level Subjective
at a Given Distance in Decibels Noise Environments Impression
Shotgun (at shooter's ear) 140 Carrier flight deck Painfully loud
Civil defense siren(100 feet) 130
Jet takeoff(200 feet) 120 Threshold of pan
Loud rock music 110 Rock music concert
Pile driver(50 feet) 100 Very loud
Ambulance siren(I DO feet) 90 Boiler room
Pneumatic dnll(50 feet) 80 Noisy restaurant
Busy traffic;hair dryer 70 Moderately loud
Normal conversation(5 feet) 60 Data processing center
Light traffic(100 feet).rainfall 50 Private business office
Bird calls(distant) 40 Average living room library Quiet
Soft"isper(5 feet).rustling leaves 30 Quiet bedroom
20 Recording studio
Normal breathing 10 Threshold of hearing
Source Beranek. 1458
EXP LANAI ON W WfF DISTRICT NOISE RUE E5_N1TN J IEE OS05E0IE.DOCX S
99
Figure 1 Mows additional noise levels for urban and suburban environments.
Lyn
DAY-NICHT
QUALITATIVE SOUND LEVEL'
DESCRIPTIONS DECIBELS OUTDOOR LOCATIONS
LOS ANGE LES-3rg FLOOR APARTMENT NEXT TO
FREEWAY
LOS ANGELES-314 MILE FROM TOUCHDOWN AT
MAJOR AIRPORT
CITY NOISE D1 LAN6ELES-DOWNTOWN WITH SOME CON-
IDOWITOWNMAJOR � STRUCTION ACTIVITY
METROPOLIS) HARLEM
-2Rd FL00RAPARTMENT
! VERY NOISY _�
I+r BOSTON-ROW HOLING ON MAJOR AVENUE
OIBY URBAN
WATTS-S MILES FROM TOUCH DOWN AT
MMOR AIRPORT
u�L URBAN NEWPORT-3.5 MILES FROM TAKEOFF AT
o '�� SMALL AIRPORT
W LOSANGELES-OLD RESIDENTIAL AREA
a
SUBURBAN
FILLMORE-SMALL TOWN CUL-do-SAC
SMALL TOWN A SAN DIEGO-WOODED RESIDENTIAL
DIET SUBURBAI--
Figurel.
CALIFORNIA-TOMATO FIELD ON FARM
Typical Noise Levels from Urban and Suburban Environments. (Source: Information On Levels Of
Environmental Noise Requisite To Protect Public Health And Welfare With An Adequate Margin Of Safety,US
Environmental Protection Agency,Office of Noise Abatement and Control,March 1974.) X dBA Ld,=X-10 LsodBA
(night time)
Noise Regulations in Other Jurisdictions
Regulationsfrom nearby regional jurisdictions or jurisdictions with similarities to Oregon are as follows:
The State of Washington has environmental noise limits in WAC 173-60. The limits vary,depending on
the land use designations of the noise source and noise receiving properties. For noisefrom an industrial
property,the limits for residential receiving property are 60 dBA during the day and 50 dBA at night. As
with the DEQ limits,higher noise levels are allowed for short term periods during anyone hour.
The City of Portland,Oregon has noise limits of 65 dBA during the day and 60 dBA during the night for
residential receiving areas and industrial noise sources.
The State of Minnesota limits Ls0 noise levels in residential areas to 60 dBA during the daytime and 50 dBA
duringthe night.
5X%A YVW W F DSTRM WD RULE W1TILRULF`M05W12.D
100
I
SUOOESTEO APN%CACH FOR AOORESSMO NOSE M TWAO'S NEW WASTE WATM TNEATTEhrr DISTRICT
The State of Colorado limits daytime noise(defined as 7 am to 7 pm)to SS dBA and nighttime(defined as
7 pm to 7 am)noise to 50 dBA.
The City of Anchorage,Alaska has noise limits of 60 dBA during the day and 50 dBA during the night for
residential areas regardless of the land use of the noise source.
EMANATNON WWTr OSTR-7 NOSE RUIES_WITII_RULE_OWST0I7.D= S
101
PROPOSED REGULATION
xx.xxx.xxx Noise
A.Qeneral pmvisiom.
1 It is the intent of these requirements to establish standards for noise generated at the site.
2 The City may grant specific variances from these standards as it may deem necessary to protect the public
health and welfare,if it finds that strict compliance with such rule,regulation,or order is inappropriate because of
conditions beyond the control of the District or because of special circumstances which would render strict
compliance unreasonable,or impractical due to special physical conditions or cause,or because strict compliance
would result in reduction in or cessation of wastewater treatment.
a. Variances may be limited in time.
b. The District will make its request in writing to the City and will state in a concise manner the facts
to show cause why such variance should be granted.
B.Noise requirements.
1. A noise source is a source which generates noises by a combination of equipment,facilities,operations or
activities employed in the treatment of wastewater and associated recovery of resources.
2. A noise sensitive property is a real property normally used for sleeping or normally used for schools or libraries.
3. An appropriate measurement point shall be that point on the noise sensitive property,which is further tiom the
noise source:
a. 25 feet toward the noise souroo from that point on the noise sensitive building nearest the noise source;
or
b. The point on the noise sensitive property line nearest the noise source.
4. Statistical Noise Level-The District will not cause or permit the operation of a noise source if the statistical
noise levels generated by that source and measured at an appropriate measurement point,exceed in any one hone,
the keels specified as follows:
Allowable Statistical Noise Levels, 7 AM-10 PM 10 PM—7 AM
dBAot
L" 55 50
Lu 60 55
L, 75 60
(1) L.-Noise level can be equaled or exoeeded x%ofdie time.
5. w�pulse Sound—The District will not cause or permit the operation of a noise source if a sand is emitted for a
duration of less than one second which exceeds the sound pressure level of 100 dB between the hours of 7AM and
10 PM or 80 dB between the hours of 10 PM and 7 AM as measured at an appropriate measurement point.
6.Measurement- Sound level instruments shall conform to the Tigard Municipal Code 6.02420.
6 EOLMMTION WhW OISMVM NOISE FWLM VATII-RULE. *St012.00=
102