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02/26/2007 - Packet TIGARD PLANNING COMMISSION AGENDA 41 FEBRUARY 26, 2007 7:00 p.m. TIGARD CIVIC CENTER— TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. JOINT MEETING WITH THE CITY CENTER ADVISORY COMMISSION - Introduction to the Downtown / Consultant Presentation 6. OTHER BUSINESS 7. ADJOURNMENT r MEMORANDUM TIGARD TO: Planning Commission and City Center Advisory Commission FROM: Sean Farrelly,Associate Planner RE: February 26th Joint Planning Commission/ City Center Advisory Commission Meeting DATE: February 14, 2007 Purpose This memo outlines the existing regulatory framework and the proposals for a new Land Use program for the Downtown Urban Renewal Area. Introduction The City is engaged in developing new Comprehensive Plan goals and policies, plan and zoning map designations, and development code regulations for the Downtown Urban Renewal District. The goal is to provide a land use and urban design program to guide the development of a walkable, vibrant, mixed-use urban village as detailed in the Tigard Downtown Improvement Plan (TRIP). As part of this process, a joint Planning Commission- City Center Advisory Commission meeting has been scheduled for February 26th. A presentation by architecture and urban design consultants will be made at this meeting to outline options for new design regulations for new development in the Downtown Urban Renewal Area. Background/Discussion Current Regulatory Context Currently, most of the Urban Renewal District is zoned Central Business District (CBD) a mixed-use commercial zone,which allows a wide variety of uses, including residential up to R-40 density. 14% of the land area is occupied by nonconforming industrial uses, (six of these properties are specifically permitted to continue as Industrial uses in the Tigard Community Development Code.) There are also a few additional Interim requirements for new development in the CBD zone. The section of the district north of Highway 99W is zoned General Commercial and Professional Commercial, which do not permit residential uses. There are also five properties on Hall Boulevard zoned R-4.5 which allows only residential uses. Options for New Regulations The TDIP includes recommendations for updating the Downtown development code, specifically six new mixed-use zoning districts and design regulations for new development. The CCAC has endorsed these six new zones with some modifications and a framework for design guidelines. Comprehensive Plan A necessary first step in the process of changing the Downtown development code is to update the Goals, Policies, and Action Measures for the Downtown chapter of the Comprehensive Plan. The Planning Commission and the CCAC have reviewed a draft of the proposed changes, and their comments have been incorporated. On March 19, 2007, a public hearing with the Planning Commission will be held to consider these proposed changes. If recommended for approval, the City Council will hold a public hearing to make a decision. Land Use DesignationslDevelopment Standards New zones will detail permitted land uses and requirements for public facilities, parking, height, floor area ratios, etc. The creation of new zones will require careful drawing of boundaries, consideration of how to treat nonconforming uses, and minimizing the potential for generating Measure 37 claims. Design Regulations The creation of an urban design program will require addressing additional questions. Urban design regulations typically take the form of objective "design standards" and/or discretionary "design guidelines." These regulations seek to codify principles of good urban design, by ensuring that new buildings are of appropriate mass and scale and are designed to create a good pedestrian environment. An issue to be decided is the administrative format of the new regulations. The development review process must conform to Oregon's fact-based land use process. Considering Oregon's land use process, when are "clear and objective" standards (Type 1I process) required, and when is discretionary design review (a Design Review Board evaluates an application pursuant to design guidelines) permitted? "Design standards" are clear and objective statements. An example from Beaverton's code: Primary building entrances. Primary entrances, which are the main points) of entry where the majority of building users will enter and leave, shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. The covered area providing weatherprotection shall be at least six (6)feet wide and four(4)feet deep. Typically, if an applicant can show that they meet all of the standards, a decision can be made by staff(subject to appeal.) "Design guidelines" are discretionary, and open to interpretation. An example from Beaverton's code: Primary building entrances. Special attention should begiven to designing a primary building entrance that is both attractive and functional. Primary entrances should incorporate changes in mass, surface, or finish, to emphasitie the entrance. An applicant can choose to demonstrate how their project would meet the design guidelines. The decision would typically be made in a public hearing before a body such as an appointed Design Review Board. Form-based codes The CCAC has also expressed interest in the applicability of"form-based codes." A form-based code is a method of regulating development that is focused on controlling physical form primarily, with a lesser focus on land use. A potential advantage of such a code is that the approval process is often more efficient and understandable, which could accelerate Downtown redevelopment. The interest in "form-based codes" comes from the desire to attain well-designed development in the Downtown area without undue regulatory delay. A crucial question is whether "form-based" codes can fit in the Oregon land use process model. Whatever new land use regulations are created should strike a balance between the community's desire for ensuring high quality design of new development and the needs of developers for timely decision making on their projects. Upcoming Schedule: March 19: Planning Commission Public Hearing: Comprehensive Plan Goals, Policies, and Action Measures April: City Council Public Hearing: Comprehensive Plan Goals, Policies, and Action Measures March-April : CCAC/PC Briefings on proposed Design Guidelines/Standards April-May: CCAC/PC Briefings on Land Use Zones, Development Code Processes June-October: Planning Commission/ City Council public hearings on Zoning, Design Guidelines and Standards DRAFT------------------------DRAFT--------------------DRAFT---------------------DRAFT SPECIAL AREAS OF CONCERN 11.1 DOWNTOWN TIGARD URBAN RENEWAL DISTRICT Citizens have expressed a desire to create a "heart" for their community: a place to live,work,and play,and to serve as a community gathering place. Main Street and the surrounding area have served as Tigard's historic center, dating back to around 1907.A central business district developed around the railway station, serving the then small farming community with businesses such as a bank,hotel,restaurants and a farming supply store. The prevalent urban form of one and two-story buildings is still present on Main Street. In the 1940s and 50s the automobile became the primary mode of transportation. Tigard's population grew steadily, but Downtown Tigard lost its prominence with the Pacific Highway viaduct,which bypassed Main Street, and the construction of Washington Square Mall and other large shopping centers. Today, the existing uses in the Downtown Urban Renewal District include retail, office,residential,auto- dependent businesses, and large-lot light industrial businesses as well as public park,civic, and transit uses. Industrial uses are prominent to the southeast of the plan area. Retail commercial uses are concentrated to the northwest along OR 99W. Within the Urban Renewal District, there is a small amount of residential development, including a mobile home park and one and two-story apartment buildings. Planning for Downtown Tigard's revitalization has been a long-term process, stretching back at least 25 years. The most recent effort dates back to 2002,with the announcement of plans for a Washington County Commuter rail line with a planned station in downtown Tigard. This inspired a small group of citizens and business owners to work on ideas for Downtown to capitalize on Commuter Rail. In 2004 the City received a state Transportation and Growth Management(TGM) grant,which facilitated the hiring of consultants and a more extensive planning process.A Task Force of 24 citizens was formed to guide the plan's development. The planning process incorporated high levels of citizen involvement, including community dialogues,workshops, open house,and a public survey. Tigard Downtown Improvement Plan (!DIP) The TGM grant and planning process resulted in the Tigard Downtown Improvement Plan (TDIP).The TDIP set forth a vision to create "a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation,recognizes and uses natural resources as an asset,and features a combination of uses that enable people to live,work,play and shop in an environment that is uniquely Tigard." To achieve this vision and the Preferred Design Alternative, the TDIP made several policy recommendations. Eight catalyst projects were proposed to help create a more active Downtown: 1. Streetscape Enhancement Program 2. Green Corridor/Urban Creek 3. Hall Blvd. Regional Retail 4. Downtown Housing Development 5.Ash Area Downtown Improvement 6. Performing Arts and Recreation Center 7. Fanno Creek Public Area Special Arras of Concern 1 Downtown DRAFT------------------------D RAFT--------------------D RAFT---------------------D RAFT 8. Relocating Post Office The TDIP also made recommendations on Transportation System Improvements, Code and Regulatory Adjustments, Funding Sources, and Follow-Up Actions.The City Council accepted the TDIP in September 2005. Urban Renewal Plan An Urban Renewal Plan was developed to implement the TDIP. The tools provided by urban renewal, including Tax Increment Financing, are intended to attract private investment and facilitate the area's redevelopment. Tigard voters approved the use of Tax Increment Financing for Urban Renewal in the May 2006 election. Tigard Downtown Streetscape Design Plan The Tigard Downtown Streetscape Design Plan provides specific guidance for Streetscape Enhancement, one of the catalyst projects. It was developed with significant citizen involvement. The Plan includes a Design Framework, Streetscape Design Concepts,and Gateway and Public Spaces, all of which will encourage the development of a pedestrian-friendly Downtown. Statewide Goals and Policies In addition to the Statewide Goals, there are a number of other state policies that are relevant to the Downtown: Transportation Planning Rule The Transportation Planning Rule (TPR) directs cities and counties to develop balanced transportation systems addressing all modes of travel including motor vehicles, transit,bicycles and pedestrians. The TPR envisions development of local plans that will promote changes in land use patterns and transportation systems that make it more convenient for people to walk,bicycle,use transit,and drive less to meet their daily needs.The TPR also directs cities and counties to plan changes in transportation facilities in tandem with land use and development patterns. Oregon Highway Plan The 1999 Oregon Highway Plan includes a series of policies and actions related to integrating land use and transportation. 99W and Hall Boulevard are two roadways (both under ODOT's jurisdiction) which run through the Downtown,which could conceivably receive these designations to help foster compact development: Special Transportation Arra(STA)is a designated district of compact development located on a state highway within a downtown in which the need for appropriate local access outweighs the considerations of highway mobility. Urban Business Area (URA)is a highway segment designation which may vary in size and which recognizes existing areas of commercial activity or future nodes or various types of centers of commercial activity within a downtown. Special Areas of Concern 2 Downtown D RAFT------------------------D RAFT--------------------D RAFT---------------------D RAFT Regional Planning Requirements Metro's 2040 Growth Concept and Framework Plan The Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center, defined as "compact,mixed-use neighborhoods of high-density housing, employment and retail that are pedestrian-oriented and well served by public transportation and roads."Town Centers are described as the central focus of community life, serving residents living within two or three miles. Some key objectives for developing Metro-designated 2040 Centers include: • Promoting more intensive mixed-use development. • Providing infrastructure to support more intensive development. • Creating effective local and regional transportation connections to and within the center for all travel modes. • Providing public spaces and distinct center identification. • Recognizing the natural environment as a desired amenity. 2. FINDINGS • Existing Conditions Land Use The Urban Renewal Area contains approximately 193.71 acres (including 49.57 acres of right-of-way) and comprises 2.6% of the City's 7496 acres of total land area. It contains 193 individual properties.The current land uses are dominated by development with little pedestrian-friendly orientation. Outside of Main Street, the existing buildings do not create a sense of place and cohesive function,but rather appear to be spread out and auto-dependent. Block sizes are large for a downtown. In general, downtown properties have low improvement to land (I:L) ratios. Healthy I:L ratios for downtown properties range between 7.0 -10.0 or more. In Tigard's Urban Renewal Area 2004-05 I:L averages were 1.43 for commercial properties and 2.79 for multi-family residential. (Report Accompanying the City Center Urban Renewal Plan.) Under existing conditions, Downtown is underdeveloped and lacks the mix of high quality commercial, office,residential and public uses suitable for an urban village. Transportation System The Area is served by two major transportation corridors (99W and Hall Blvd.) with heavy traffic levels. Many of the other Downtown streets lack complete sidewalks. In general, there are poor linkages to and within the Downtown. Railway tracks also bisect the Downtown.A planned system upgrade will make both commuter and freight train operation more efficient and less disruptive to automobile traffic. Natural Features Fanno Creek flows through downtown and is the most notable natural feature. The creek,part of its floodplain and associated wetlands are part of a 22-acre city park with a multi-use path. Spedal Areas of Concern 3 Downtown DRAFT------------------------DRAFT--------------------DRAFT---------------------DRAFT ' • Current Zoning Districts and Comprehensive Plan Designations The majority of the Downtown is zoned Central Business District (CBD). While the current CBD zone allows the mix of uses necessary for a successful downtown,the regulations lack the language to guide new development to be consistent with the preferred urban form.As a result, the area has developed without many of the pedestrian-oriented qualities specified in the Tigard Downtown Improvement Plan and Metro's 2040 Growth Concept. The Tigard Urban Renewal Area encompasses the original Plan area and several additional tax lots, which are zoned R-4.5,R-12 (PD),R-25, C-G (General Commercial) and C-P (Professional/ Administrative Commercial.) Several of these tax lots are located to the northwest of Highway 99W. These additional zones do not permit mixed use development,which is crucial for successful downtowns. • Community Values According to the Comprehensive Plan Issues and Values Summary,Downtown is important to Tigard residents;many use it on a weekly basis. Many would like it to see improvements so it will become a gathering place for the community. Tigard Beyond Tomorrow's Community Character&Quality of Life section,includes a goal to achieve a future where "the Main Street area is seen as a `focal point' for the community," and"a clear direction has been established for a pedestrian-friendly downtown and is being implemented." The passage of the Urban Renewal measure in May 2006 by 66%of voters also shows strong community support for Downtown's revitalization. • Metro Requirements for Town Center Planning Title 6 of the Urban Growth Management Functional Plan requires local jurisdictions to adopt land use and transportation plans that are consistent with Metro guidelines for Town Centers. GOAL The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented,accessible by many modes of transportation,recognizes natural resources as an asset, and features a combination of uses that enable people to live,work,play and shop in an environment that is uniquely Tigard. POLICIES 11.1. Facilitate the Development of an Urban Village 11.1.1 New zoning, design standards and design guidelines shallbe developed and used to ensure the quality, attractiveness,and special character of the Downtown as the "heart" of Tigard,while being flexible enough to encourage development. 11.1.2 The Downtown's land use plan shall provide for a mix of complimentary land uses such as: a) Retail,restaurants,entertainment and personal services; b) Medium and high-density residential uses including rental and ownership housing; c) Civic functions (government offices, community services,public plazas, public transit centers, Spedal Areas of Concern 4 Downtown DRAFT------------------------DRAFT--------------------DRAFT---------------------DRAFT etc) d) Professional employment and related office uses e) Natural Resource protection, open spaces and public parks 11.1.3 The City shall not permit new land uses such as warehousing;auto-dependant uses;industrial manufacturing;and industrial service uses that would detract from the goal of a vibrant urban village. 11.1.4 Existing nonconforming uses shall be allowed to continue, subject to a threshold of allowed expansion. 11.1.5 Downtown design, development and provision of service shall emphasize public safety,accessibility, and attractiveness as primary objectives. 11.1.6 New housing in the downtown shall provide for a range of housing types,including ownership, workforce and affordable housing in a high quality living environment. 11.1.7 New zoning and design guidelines on Main Street will emphasize a"traditional Main Street" character. 11.2 Develop and Improve the Open Space System and Integrate Natural Features into Downtown 11.2.1 Natural resource functions and values shall be integrated into Downtown urban design. 11.2.2 The Fanno Creek Public Use Area,adjacent to Fanno Creek Park shall be a primary focus and catalyst for revitalization. 11.2.3 Development of the Downtown shall be consistent with the need to protect and restore the functions and values of the wetland and riparian area within Fanno Creek Park. 11.3 Develop Comprehensive Street and Circulation Improvements for Pedestrians,Automobiles, Bicycles and Transit 11.3.1 The Downtown shall be served by a complete array of multi-modal transportation services including auto, transit,bike and pedestrian facilities. 11.3.2 The Downtown shall be Tigard's primary transit center for rail and bus transit service and supporting land uses. 11.3.3 The City in conjunction with TriMet shall plan for and manage transit user parking to ensure the Downtown is not dominated by"park and ride" activity. 11.3.4 Recognizing the critical transportation relationships between the Downtown and surrounding transportation system,especially bus and Commuter Rail,Highway 99W, Highway 217 and Interstate 5, the City shall address the Downtown's transportation needs in its Special Areas of Concern 5 Downtown D RAFT------------------------D R.AFT--------------------D RAFT---------------------D RAFT Transportation System Plan and identify relevant capital projects and transportation management efforts. 11.3.5 Streetscape and Public Area Design shall focus on creating a pedestrian friendly environment without the visual dominance by automobile-oriented uses. 11.3.6 The City shall require a sufficient but not excessive amount of parking to provide for Downtown land uses.Joint parking arrangements shall be encouraged. ACTION MEASURES Staff will work on these short and medium term actions to implement policies that will support the creation of a vibrant, compact,mixed-use area with housing,retail and employment opportunities. 11.A Facilitate the Development of an Urban Village 11.A.1 Develop design guidelines and standards that encourage attractive and inviting downtown commercial and residential architecture with quality design and permanent materials,particularly in the building fronts and streetscape. Also develop appropriate density, height,mass, scale, architectural and site design guidelines. 11.A.2 Utilize form based code principles in ways that are consistent with state planning laws and administrative rules. 11.A.3 Adopt non-conforming use standards appropriate to a downtown in transition. 11.A.4 Develop code measures to mitigate any compatibility issues when new downtown development occurs in close proximity to the Downtown's commuter rail line. 11.A.5 Provide areas in the Downtown where community events, farmer's markets, festivals and cultural activities can be held. 11.A.6 Designate the Downtown area as the preferred location for Tigard's civic land uses. 11.A.7 Promote an awareness of the Downtown's history through measures such as public information,urban design features and preservation of historic places. 11.A.8 Monitor performance of design guidelines, standards and related land use regulations and amend them as necessary. 11.11 Develop and Improve the Open Space System and Integrate Natural Features into Downtown 11.13.1 Acquire property and easements to protect natural resources and provide public open space areas, such as park blocks,plazas and mini-parks. 11.B.2 Develop "green connections" linking parks and greenways with adjacent land uses,public spaces and transit. Special Areas of Concern 6 Downtown DRAFT------------------------DRAFT--------------------DRAFT---------------------DRAFT 11.B.3 Incorporate public art into the design of public spaces. 11.B.4 Enhance the landscape and habitat characteristics of Fanno Creek as a key downtown natural resource. 11.0 Develop Comprehensive Street and Circulation Improvements for Pedestrians,Automobiles, Bicycles and Transit 11.C.1 Develop a circulation plan that emphasizes connectivity to, from, and within the Downtown in the design and improvement of the area's transportation system,including developing alternative access improvements to Downtown, such as connections across Highway 99W. 11.C.2 Address public safety and land use compatibility issues in the design and management of the Downtown's transportation system. 11.C.3 Investigate assigning different roadway designations within the general area of the Downtown as means to support transportation access to Town Center development such as ODOT'S Special Transportation Area (STA) and Urban Business Area (UBA). 11.C.4 Implement an integrated Downtown pedestrian streetscape and landscape plan. 11.C.5 Acquire property and easements to implement streetscape and landscape plans, and develop needed streets,pathways, entrances to the Commuter Rail park and ride lot, and bikeways. 11.C.6 Express the themes of an urban village and green heart by utilizing the "unifying elements" palette from the Streetscape Design Plan to design streetscape improvements. 11.C.7 Emphasize sustainable practices in street design through innovative landscaping and stormwater management and provision of multimodal infrastructure. 11.C.8 Encourage sustainability features in the design of Downtown buildings. 11.C.9 Encourage the formation of a Downtown Parking and Transportation Management Association. 11.C.10 Incorporate the Downtown's public investment / facility needs into the City's Public Facility Plan and implementing Community Investment Plan. D. Other Action Measures 11.D.1 Develop and implement strategies to address concerns with homeless persons and vagrancy in the Downtown and Fanno Creek Park. 11.D.2 Provide public,including members of the development community,with regular informational updates on Urban Renewal progress and an accounting of funds spent by the City Center Development Agency. Special Areas of Concern 7 Downtown 11 A FACILITATE THE DEVELOPMENT OF AN URBAN VILLAGE 1 Develop Design Guidelines for the X CD-LR,CD-CP Downtown Urban Renewal Area 2 Utilize form based code principles that X CD-LR,CD-CP are consistent with state law 3 Adopt nonconforming use standards X CD-LR,CD-CP 4 Develop code measures to mitigate X CD-LR,CD-CP compatibility issues Provide areas where community events, 5 farmer's markets,or other events can be X X CD-LR,CD-CP held 6 Designate the Downtown area as the X CD-LR preferred location for civic land uses 7 Promote an awareness of the X CD-LR,CD-CP Downtown's history 8 Monitor performance of design X CD-LR,CD-CP guidelines,land use regulations 11.6 DEVELOP AND IMPROVE OPEN SPACE AND INTEGRATE NATURAL FEATURES Acquire property and easements to 1 protect natural resources and provide X X CD-LR,PW publico en space areas 2 Develop"green connections" X X CD-LR,CD-E, PW 3 Incorporate public art into the design of X X CD-LR,CD-E, PW public spaces. 4 Enhance the landscape and habitat of X X CD-LR,CD-E, PW Fanno Creek 11.0 DEVELOP COMPREHENSIVE STREET AND CIRCULATION IMPROVEMENTS 1 Develop Access and Circulation Plan X CD-E,CD-LR Address public safety and land use 2 compatibility issues in the design and X CD-E,CD-LR management of the transportation system 3 Investigate assigning different roadway X CD-E,CD-LR designations 4 Implement an integrated pedestrian x CD E,CD LR streetscape and landscape plan DRAFT 46-1is ., eeaasndmH. 0111 new trees nntdssctoa pe NONE= 6 Use the"unifying elements"palette to X CD-E,CD-LR design streetscape improvements � Emphasize sustainable practices in street X CD-E,CD•LR design Encourage the formation of a Downtown 8 Parking and Transportation Management X CD•LR Association Encourage sustainability features in the 9 design of Downtown buildings X X CD-LR Incorporate the =OMEN= 10 Plan and mpemening C 11.D OTHER ACTION MEASURES Develop and implement strategies to III lwmll . . XCD•LR towPark Provide public with regular informational 2 updates on Urban Renewal progress MMEM= • . •. . ent-Long Range Planning / • • i . Development• Development—Engineering PW= Public Works SpecialArras of Concerw 9 Downtown R-.12 -12 R-25 R-7 ` (H (PD) - -P C-G A-7 \ R. - - r- C-G ,. CBD I-P 12 �- CBD R-25' R-12 t,- 2 - k (PD X AN (PD) - - Zoning Classifications Q Urban Renewal Boundary Urban Renewal Area City of Tigard Zoning Boundaries Oregon 300 amworny cane-irc nnrwpmmi M" _ Swmea: Cip'afTiprd.Wu6inEbo C�-nry.Mam CITY OF TIGARD PLANNING COMMISSION Meeting Minutes Januar}• 29, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman;Commissioners Anderson,Caffall, Doherty, Vermil}•ea, and Walsh. Commissioners Absent: Staff Present: Dick Bewersdorff,Planning Manager; Ron Bunch, Long Range Planning Manager;Beth St. Amand,Senior Planner;Liz Newton, Assistant City Manager;Loreen Nfills, Senior Risk Manager;Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS The Planning Secretary reviewed the upcoming Planning Commission calendar. Ron Bunch reported on his meeting with the Tree Board. He noted that the Planning Commission had tabled the work that the Tree Board had done in favor of taking a comprehensive approach. The Board sees the advantages of taking a comprehensive approach to protecting trees. Janet Gillis, the Tree Board Chair,is preparing a letter to Council in support of the Planniiig Commission's recommendation, provided some things happen. The Tree Board would like consistent, knowledgeable staff support; an ongoing communication with the Planning Commission and City Council;and that the Planning Commission and City Council seriously consider the results of the Tree Board's effort. Other cities have comprehensive tree protection standards that involve a regulatory approach to protect trees, both on public and private property,and that also involve sound enforcement actions, community education,incentives, and a tree management program. Council has asked staff to look at the tree code and identify any interim emergency changes that might be possible to prevent the loss of trees. This will be discussed at the February 201h Council meeting. 4. APPROVE MEETING MINUTES PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page I It was moved and seconded to approve the December 18, 2006 meeting minutes as submitted. The motion passed by a vote of 3-0. Commissioners Anderson, Doherty, and Caffall abstained. 5. COMPREHENSIVE PLAN UPDATE - JOINT MEETING WITH TIGARD BEYOND TOMORROW TASK FORCE - STATE OF THE CITY REPORT (WRAP-UP) Vision Task Force members in attendance: Jerry Palmer,Beverly Froude, Dean Williams, Rick Boyce, Storm Smith, Marci Thornton-Smith, and Sheila Fink The Vision Task Force and Planning Commission introduced themselves. Ron Bunch advised that the purpose of this meeting was to discuss the integration of the Vision Task Force work into the Comprehensive Planning process. Task Force members were encouraged to continue to be involved in the Comprehensive Plan and to consider participating with the Planning Commission. Beth St. Amand gave a PowerPoint presentation explaining the process and highlighting how the transition would occur (Exhibit A). She advised that the Comprehensive Plan provides goals, policies,and action measures for accomplishing the vision for the City. There are 7 major chapters in the Comprehensive Plan: Citizen Involvement; Natural Features; Environmental Quality; Community (Economic Development and Housing); Public Facilities and Services;Transportation; and Future Growth and Development. There is a close relationship between the Comprehensive Plan and the goals of the Tigard Beyond Tomorrow Vision Task Force. St. Amand reported that there are numerous ways for citizens to be involved in the Comprehensive Plan process: join the NewsList, apply to serve on the Planning Commission, attend an open house, be involved in interest groups and web surveys, participate in work sessions,and attend public hearings. Once the process is complete, there will be periodic "check-ins" to look at changes in community circumstances and to monitor, evaluate, and update the Comp Plan. Ron Bunch referred to the Comprehensive Plan as a "living document". If circumstances change in the community, the City Council can amend the Comp Plan. It serves as a foundation for rules and laws that the City utilizes to guide land use activities. Task Force members provided the following comments: • The Vision Task force wasn't-viewed as a prelude to the Comprehensive Plan. A lot of the things from the Task Force were programmatic, not Comprehensive Plan related. There were some elements that could be integrated into the Comp Plan. Sta�j'noted that PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page 2 basic directions and themes came out of the range of programs developed by the Task Force. The Comp Plan also has programmatic aspects that are called action measures • Tualatin has started a similar process and their Comp Plan came up immediately in the process. They may be able to get some ideas from Tigard. • Everyone was excited about Hwy. 99W and Hall Blvd. During the past 10 years, nothing much has changed,except more traffic. • When the Task Force first started, people were interested in things that could be fixed on a short term basis. Results could be seen over time. • With regard to vision, sometimes we're taking into consideration everybody and everything that have to be involved in forming the vision and making it work. Put all the things listed in the vision document into the Comp Plan and make them work. • The Comp Plan does not have the same breadth of the work done by the Task Force. The group became more aggressive as they moved from vision to action. It will be hard to "get us off your shoes"— there's a passion that isn't going to wane. How could we best fit in to be a positive contributor to the Planning Commission's efforts? • Another Task Force member echoed the comments about Hwy. 99W. It's a difficult issue,but something has to be done,perhaps more push on the State. President Inman noted that each nein chapter of the Conrp Plan brings more challenges How do we balance competing issues? She would welcome feedback and a new perspective from Task Force members • There are opportunities for placing density where it makes sense and ways to balance the other issue areas. The Planning Commission has to create a document that integrates them all. It will enable us to push developers to do the right thing. • There are a lot of competing interests—it's nice to be able to walk on cul-de-sacs and quiet streets, however, the lack of connectivity, dead end streets,and cul-de-sacs can hinder emergency response time. • Commissioner Walsh thinks that visioning is a positive process,but then we have to figure out what can we have. The Comp Plan steps down in a kind of hierarchy of needs. It deals with-regulatory environment and what the State has mandated. The vision is a great source of input,but it's impossible to get it all. It will be a challenge. • There was great participation in the Task Force and it's been a wonderful experience. It dwindled down to a small group over time. • There were some Task Force members who had a narrow focus on 1 or 2 issues, and once those goals were reached,the member was no longer involved. • The Planning Commission was advised to rely on the resources of City staff because they were the driving force behind organizing the Task Force and keeping it moving. They have the history. • This has been a very rewarding committee because it was possible to see results over time. • Traffic and growth management are paramount,as well as trees. It's surprising that there isn't more indoor recreation. There's a need for indoor facilities—maybe the high school or the old Haggens location. Classes for adults and children could be taught by high school or college students. PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page 3 • The Planning Commission can take a leadership role to make Tigard a sustainable community (economically, socially, environmentally) by integrating those principles in the new Comp Plan in a way that pushes developers to do great projects. Staff noted that the community needs to support the actual itrrplementation of the Plan. It requires a continued citizen voice from vision to the policies to implementation to let elected officials know that this is important. • The new Neighborhood Organizations being put together by Liz should be included in the process. The Bull Mountain and Metzger CPOs should also be included in the outreach effort. • Will green standards be put into the Development Code? Tigard could take a leadership role in this endeavor. President Inman noted that there are only so many new obstacles that can be put into play because of legal repercussions, but there may be some potential obstacles that could be removed that could encourage and allow sustainability. It will be hard to impose new standards that people might perceive in a negative way. The Planning Commission and Task Force were provided copies of a draft example of a Comprehensive Plan chapter (Exhibit B),direction statements/overall goals of the Tigard Beyond Tomorrow vision plan (Exhibit C), and the draft Tigard 2007 Comprehensive Plan Resource Report (Exhibit D). 6. PLANNING COMMISSION TRAINING Dick Bewersdorff provided training on the land use process (Exhibit E). 7. OTHER BUSINESS Jeremy Vemulyea announced that he would not be able to serve on the City Center Advisory Commission. David Walsh was elected Vice President of the Planning Commission. 8. ADJOURNMENT The meeting adjourned at 9:23 p.m. Jerree Lewis,Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—January 29,2007—Page 4 ;__ . . .. TfGARD 2027: The Comp Plan Update ' Joint Meeting of the Planning �� Commission and Vision Task Force TIGARD January 29, 2007 t } , a ?} a? City of Tigard 2006 Planning Boundaries city Limits-2006 Tgard Urban Ptaining Area Moor Roads v ' F I What is the Most Important Issue for Tigard? 1 Development& Traffic Roads,traffic Traffic and Growth (41%) Congestion transportation congestion (37%) problems (37%) 2 Traffic& Growth Growth, Growth (9%) Transportation population (27%) and annexation 3 Safety/Crime Environmental Education Street & road Preservation improvement/ maintenance* 4 Taxes and Downtown Infrastructure/ Schools and Costs Public School Services Funding 2 • 5. Tigard on Track: Yearly Check-Ins 4. Draft Plan: Operatin_g Manual 3. Future Growth & Choices: Shape 2. Tigard 2007: Facts, Issues 1. TBT Vision and Values: Foundation i_ Comp Plan Chapter 1.Citizen 0 H Involvement 2.Natural Features H 121 (Resources, Hazards) 3. Environmental H H Quality 4.Community: H H Economic Development and Housing B. Public Facilities ® 0 10 Q 0 H and Services (includes Parks) 6.Transportation 0 7.Future Growth 0 and Development 3 Timeline March June Sept. Dec March June Sept. Dec. Phase 1 : Phase 2: Phase 3: Phase 4: Phase 5 and 6: Shape Tigard's Future: Get involved ! • Join NewsList Tonight • Apply for the Planning Commission • Attend spring Open Houses • Participate in Interest Groups, web surveys, interactive tools • Participate in Planning Commission work sessions, submit written comments • Attend Public Hearings DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER Downtown and Natural Features SPECIAL AREAS OF CONCE RN 11.1 DOWNTOWN TIGARD URBAN RENEWAL DISTRICT Citizens have expressed a desire to create a"heart" for their conununity: a place to lire, work,and plav, and to serve as a community gathering place. :Main Street and the surrounding area have served as Tigard's historic center,dating back to around 1907. .E central business district developed around the railway station, serving the then small farming community with businesses such as a bank, hotel,restaurants and a farming supply store. The prevalent urban form of one and two-stony buildings is still present on :Main Street. In the 1940s and 50s the automobile became the primary mode of transportation. Tigard's population grew steadily, but Downtown Tigard lost its prominence with the Pacific Highway viaduct,wluch bvpassed :Iain Street,and the construction of Washington Square Mall and other large shopping centers. Today, the existing uses in the Downtown Urban Renewal District include retail,office, residential,auto- dependent businesses,and large-lot light industrial businesses as well as public park, civic, and transit uses. Industrial uses are prominent to the southeast of the plan area. Retail commercial uses are concentrated to the northwest along OR 99W. Within the Urban Renewal District, there is a small amount of residential development, including a mobile home park and one and hyo-story apartment buildings. Planning for Downtown Tigard's revitalization has been a long-term process, stretching back at least 25 rears. The most recent effort dates back to 2002,with the announcement of plans for a Washington County Commuter rail line with a planned station in downtown Tigard.This inspired a small group of citizens and business owners to work on ideas for Downtown to capitalize on Commuter Rail. In 2004 the Cite received a state Transportation and Growth ;Management (TGND grant,which facilitated the hiring of consultants and a more extensive planning process. A Task Force of 24 citizens was formed to guide the plan's development. The planning process incorporated high levels of citizen involvement, including community dialogues,workshops, open house, and a public survey. Tigard Downtown Improvement Plan (!DIP) The TGNI grant and planning process resulted in the Tigard Downtown Improvement Plan (TDIP). The TRIP set forth a vision to create"a vibrant and active urban village at the heart of the community that is pedestrian oriented,accessible by many modes of transportation, recognizes and uses natural resources as an asset,and features a combination of uses that enable people to live,work,play and shop in an environment that is uniquely Tigard." To achieve this vision and the Preferred Design Alternative, the TDIP made several policy recommendations. Eight catalyst projects were proposed to help create a more active Downtown: 1. Streetscape Enhancement Program 2. Green Corridor/Urban Creek 3. Hall Blvd. Regional Retail 4. Downtown Housing Development 5.Ash area Downtown Improvement Specral,,lmas of Concem ] Down/own DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER Downtown and Natural Features 6. Performing arts and Recreation Center 7. Fanno Creek Public area S. Relocating Post Office The TDIP also made recommendations on Transportation System Improvements,Code and Regulatory Adjustments, Funding Sources, and Follow-Up actions.The City Council accepted the TDIP in September 2005. Urban Renewal Plan An Urban Renewal Plan was developed to implement the TRIP. The tools provided by urban renewal, including Tax Increment Financing,are intended to attract private investment and facilitate the area's redevelopment. Tigard voters approved the use of Tax Increment Financing for Urban Renewal in the Nlay 2006 election. Tigard Downtown Streetscape Design Plan The Tigard Downtown Streetscape Design Plan provides specific guidance for Streetscape Enhancement, one of the catalyst projects. It was developed with significant citizen involvement. The Plan includes a Design Framework,Streetscape Design Concepts,and Gateway and Public Spaces, all of which will encourage the development of a pedestrian-friendly Downtown. Applicable State and Regional Policies and Plans In addition to the Statewide Goals,there are a number of other state policies that are relevant to the Downtown: Transportation Planning Rule The Transportation Planning Rule (TPR) directs cities and counties to develop balanced transportation systems addressing all modes of travel including motor vehicles,transit,bicycles and pedestrians. The TPR envisions development of local plans that will promote changes in land use patterns and transportation systems that make it more convenient for people to walk,bicycle,use transit,and drive less to meet their daily needs.The TPR also directs cities and counties to plan changes in transportation facilities in tandem with land use and development patterns. Oregon Highway Plan The 1999 Oregon Highway Plan includes a series of policies and actions related to integrating land use and transportation. 99\x/ and Hall Boulevard are two roadways (both under ODOT's jurisdiction) which run through the Downtown,which could conceivably receive these designations to help foster compact development: Special Tran.+porlation Arra(STfI)is a designated district of compact development located on a state highway within a downtown in which the need for appropriate local access outweighs the considerations of highway mobility. Urban Biis ness. Arra([.•Bfl)is a highway segment designation which may vary in size and which recognizes existing areas of commercial activity or future nodes or various apes of centers of commercial activity within a downtown. Spedalll yeas of'Concerrt 2 Downtown DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER Dow'ntow'n and Natural Features Metro's 2040 Growth Concept and Framework Plan The :Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center, defined as"compact, mixed-use neighborhoods of high-density housing, employment and retail that are pedestrian-oriented and well served by public transportation and roads."Towyn Centers are described as the central focus of community life, serving residents living within two or three miles. Some key objectives for developing Metro-designated 2040 Centers include: • Promoting more intensive mixed-use development. • Providing infrastructure to support more intensive development. • Creating effective local and regional transportation connections to and within the center for all travel modes. • Providing public spaces and distinct center identification. • Recognizing the natural environment as a desired amenity. 2. FINDINGS • Existing Conditions Land Use The Urban Renewal area contains approximately 193.71 acres (including 49.57 acres of right-of-way) and comprises 2.6%of the City's 7496 acres of total land area. It contains 193 individual properties. The current land uses are dominated by development with little pedestrian-friendly-orientation. Outside of Main Street,the existing buildings do not create a sense of place and cohesive function, but rather appear to be spread out and auto-dependent. Block sizes are large for a downtown. In general,downtown properties have low improvement to land (I:L) ratios. Healthy Ll,ratios for downtown properties range between 7.0 -10.0 or more. In Tigard's Urban Renewal area 2004-05 I:L averages v.-ere 1.43 for commercial properties and 2.79 for multi-family residential. (Report.1aompaq)i»g the Cid,Center Urban Renewal Plan.) Under existing conditions,Downtown is underdeveloped and lacks the mix of high yualin• commercial, office,residential and public uses suitable for an urban village. Tramporlalion Syvenr The area is served by two major transportation corridors (99W and Hall Blvd.) with heavy traffic levels. Many of the other Downtown streets lack complete sidewalks. In general, there are poor linkages to and Within the Downtown. Railway tracks also bisect the Downtown. A planned system upgrade will make both commuter and freight train operation more efficient and less disruptive to automobile traffic. N atNral Fealmrs Fanno Creek flows through downtown and is the most notable natural feature.The creek, part of its floodplain and associated wetlands are part of a 22-acre city park with a multi-use path. Spedal;bras oj"Concern 3 Downlown DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER Downtown and Natural Features • Current Zoning Districts and Comprehensive Plan Designations The majority of the Downtown is zoned Central Business District (CBD). While the current CBD zone allows the mix of uses necessary for a successful downtown,the regulations lack the language toguide new development to be consistent with the preferred urban form. As a result, the area has developed without many of the pedestrian-oriented qualities specified in the Tigard Downtown Improvement Plan and Metro's 2040 Growth Concept. The Tigard Urban Renewal Area encompasses the original Plan area and several additional tax lots, which are zoned R-4.5,R-12 (PD), R-25,C-G (General Commercial) and C-P (Professional/ Administrative Commercial.) Several of these tax lots are located to the northwest of Highway- 99W. These additional zones do not permit mixed use development,which is crucial for successful downtowns. • Community Values According to the Comprehensive Plan Issues and Values Summar•, Downtown is important to Tigard residents;many use it on a weekly basis. Nlanv would like it to see improvements so it will become a gathering place for the community. Ti gard B9,ond Tomorrow f Community Character& Quality of Life section includes a goal to achieve a future where"the ;Main Street area is seen as a `focal point'for the community," and"a clear direction has been established for a pedestrian-friendly downtown and is being implemented." The passage of the Urban Renewal measure in INlay 2006 by 66°'0 of voters also shows strong community support for Downtown's revitalization. • Metro Requirements for Tov6 n Center Planning Title 6 of the Urban Growth :Management Functional Plan requires local jurisdictions to adopt land use and transportation plans that are consistent with :Metro guidelines for Town Centers. GOAL The City u-ill promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation,recognizes natural resources as an asset, and features a combination of uses that enable people to live,work,plan and shop in an environment that is uniquely Tigard. POLICIES 11.2-Develop and Improve the Open Space System and Integrate Natural Features into Downtown 11.2.1 Natural resource functions and values shall be integrated into Downtown urban design. 11.2.2 The Fanno Creek Public Use area,adjacent to Fanno Creek Park shall be a primary focus and catalyst for revitalization. Spetral,-Brat of'Concern 4 Downtown DRAFT EXAMPLE: COMPREHENSIVE PLAN CHAPTER Downto-wn and Natural Features 11.2.3 Development of the Downtown shall be consistent with the need to protect and restore the functions and values of the ,wetland and riparian area within I-anno Creek Park. ACTION MEASURES Staff will work on these short and medium term actions to implement policies that will support the creation of a vibrant, compact, mh%ed-use area with housing, retail and employ hent opportunities. 11.13 Develop and Improve the Open Space System and Integrate Natural Features into Downtown I I.B.1 Acquire property and easements to protect natural resources and provide public open space areas,such as park blocks,plazas and mini-parks. 11.13? Develop "green connections" linking parks and greenways with adjacent land uses, public spaces and transit. 11.13.3 Incorporate public art into the design of public spaces. 11.13.4 Enhance the landscape and habitat characteristics of Fanno Creek as a key downtown natural resource. Action Chart: Downtown Action TM�M . Who Implements Short Medum Long { ► +a> Term Term Term Ongoing'. Next 5 6 to 10 11+ i:Years YeaR„ ,' Years DEVELOP AND IMPROVE OPEN SPACE AND INTEGRAT E NATURAL FEATURES Acquire property andeasements to i protect natural resources and provide CD-LR, public open .. • areas Develop"green connections" CD-I-R, CD-E, PW PW © Enhance the Fanno Creek PW landscape ©-■© i CD-LR=Community Development- Long Range Planning CD-CP=Community Development-Current Planning CD-E= Community Development—Engineering PW= Public Works SPet7al;liras of Concern 5 Dowrrlown TIGARD BEYOND TOMORROW — TIGARD'S COMMUNITY VISION What will Tigard look like in 2017? In 1997, the citizen-based Vision Task Force developed the direction for our community and goals to be achieved by 2017. These principles have continued to be the overall direction for our community. Following is the overall direction statement for the community's vision of what Tigard should look like in 2017. We, as citizens of the "Tigard community, are committed to shaping the community's future in agreement with the direction given through this on-going vision process. This process relies on citizen involvement and participation, and coordinated actions by the community's decision-makers. Tigard is a safe, dynamic community supported by coordinated and efficient public services. Funding for services is stable and recipients pay their share. Citizens are educated about how to access public services and understand their responsibility to participate as members of the community.,.,.--- N,, ommunity _� _ "1"here are ay�-ariety of opportunities for citizens of all ages to access education programs for life-long learning. Our community recognizes and accepts the responsibility each citizen has in promoting and supporting quality education. Small and local businesses thrive. Business owners are involved and take responsibility for the impacts their businesses have on the cormilunity. A community value "to respect open spaces and natural features" encourages access to these by our citizens. Many leisure time and recreational opportunities are available for our community. All of these elements work together to promote and protect Tigard's individual identity and quality of life. Direction Statements have been in place for each target area of the vision. Those statements are more °i°"C$Cde'y Urbon 6 Vubtic Somces specific to each area but are still true to the overall _ vision statement you see above. The following two pages include the specific target area statements. Carvt,.Crate,6 a�d L,te Again, the following statements reflect what Tigard Tronsportcrtlon+ Schoos a Teofhc Ed- --should look like in 2017. Growth 8 Growth MonogemeM Community Character & Quality of Life Direction Statement: Tigard citizens are involved in their community. Involvement will be citizen driven and citizens will have the tools to communicate effectively with community-wide decision-makers. Volunteer spirit will be maximized through community-wide coordination of volunteers. Our community will support its volunteers with appropriate training and volunteer recognition. Tigard 'will encourage local, regional and community events. City funding priorities will go to events, which move toward financial self-sufficiency, and new community-aide events. Business owners, property owners, and residents of the Main Street Area shall display strong leadership, ownership, and commitment to downtown development. The Main Street area will be seen as a `focal point' for the community. A clear direction will be established for a pedestrian-friendly downtown will be implemented. The Tigard community must have a defined, proactive vision for community aesthetics. Growth & Growth Management Direction Statement: Tigard continues to grow. Growth will be accommodated while protecting the character and livability in new and established neighborhoods. The City will encourage and support private sector programs to maintain diverse and affordable housing. Urban services will be provided to all citizens within Tigard's Urban Growth Boundary. Recipients of services will pay their share. Local and small businesses will be encouraged as an important part of our community and our economy. The City of Tigard must be an active participant in regional issues. Its citizens will be educated about issues in our region and take advantage of opportunities to participate in decision-making processes. Public Safety Direction Statement: Tigard will be a safe place to live, play, and do business, with efficient public safety services coordinated by police, fire, and emergency management providers. Citizens and businesses will be well educated about public safety services; Tigard's citizens will understand their role and responsibilities for the safety of themselves and their community, and businesses will take a proactive role for their responsibility in protecting their investment in the community. Public Safety service providers shall plan for their service delivery in such a way as to minimize the negative impacts of the regional populations that travel to and through our community each day. Stable funding will provide uninterrupted public safety services at desired levels. Schools, Education and Youth Direction Statement: Tigard area residents will have access to good quality public and private schools. Residents of our community, whether or not they have children in the school system, will understand the importance of education and how they can help promote education of our community. The public schools will have stable funding through state and local funding options. Curriculum and extra-curricular programs are important and Neill be well supported through volunteers, local funding, and increased partnerships with business and government. New development will assist in paying for new education infrastructure required by growth in the community. Public schools and governmental entities in our community shall actively partner in day-to-day operations and other costs to facilitate the most efficient delivery of services. Transportation and Traffic Direction Statement: Tigard will take a proactive role in regional transportation planning. Funding sources will be diverse, include regional resources and shall be adequate to build and maintain our transportation system. Each type of street will safely handles the traffic it is designed to serve. Local traffic will be served by a well-connected street network that minimizes traffic impacts on neighborhoods. Tigard's arterials and major collector streets will accommodate through-traffic reducing the impact of regional traffic on local neighborhoods. Alternative transportation methods will be affordable and available. Use of alternative transportation will be encouraged. Urban & Public Services Direction Statement: (includes Library, Parks, Greenways, Water & Storm Water) Basic Urban Services (parks, recreational opportunities and libraries) will be provided to Tigard citizens through property taxes, fees, endowments, grants, estate planning and other alternative funding sources for service. Enhanced services (i.e. rental of shelters in the park, rental of rooms in the library, etc.) will be available on a cost-for-service basis. Expansion of the infrastructure necessary to serve growth will be paid for by growth. In an effort to facilitate the most efficient delivery of basic urban services, partnerships with businesses, special interest groups, and other communities will be encouraged. Citizens will be educated about basic urban services, and how to access and preserve the services. lm\HAD0CS\Vision 2004\Vision Direction statements 1-29-07.Joe Exhibit D Draft Tigard 2007 , A Comprehensive Plan Resource Report Large Exhibit May Be Viewed at City Hall G�55 QUO ANO v5� January, 2007 COMMISSION AUTHORITY TMC 2.08. 100 gives the Planning Commission the following authority: ■ Authority to make rules governing itself t� ■ Authority to make recommendations to Council regarding: . The Comprehensive Plan and related plans . Transportation planning . Zoning (including CDC and zoning maps) . Housing and sanitation . Solar access ° . Growth regulation and provision of public services . Promotion, development and regulation of industrial and economic activity -Two Main Roles- fie r ■ The Planning Commission has, o main roles: Provide recommendations to Council for legislative action relating to planning and land use Make quasi-judicial land use decisions -Legislative Recommendations- ■ The Planning Commission has the authority to make recommendations to the Council regarding amendments to: The Comprehensive Plan and related documents The Community Development Code, CDC 18.390.060D, CDC Table 18.390. 1 e -Standards for Legislative Decisions- ■ Amen ments to the Comprehensive Plan must be consis en with: . Statewide Land Use Planning Goals . Any applicable statute . Other poicies of Comprehensive Plan not being amende �� ■ Amendments to the CDC must be consistent with: . The Comprehensive Plan' Despite requirement for consistency, the Planning Commission has a wide range of ,discretion as to what to recommend and can ;consider policy issues -Legislative Proceedings- ■ Broad in scope ■ Create new or revised regulations ■ Generally, large tracts or large number of people impacted Examples: Code Amendments, Comprehensive Plan Changes P K -Elements of Due Process- ;; ■ Opportunity to present and rebut evidence ■ Right to decision based on record, supported by adequate findings ■ Right to impartial tribunal .-..e.. ...i._✓_r.. w;a.ir...�... i. ,i _,t �.i. } ,.;dW'�tFr47RC3.ertrIVtKYf.Cht!� HEARINGS PROCEDURES -General Background- ■ Source - Fasano vs. Washington County 1972 ■ Parties to quasi-judicial proceeding entitled to procedural due process ■ Standards for: * conduct of hearing 4 reaching decisions reducing decision to writing ,x F ly ' -Quasi-Judicial Decisions- f ■ The Planning Commission decides certain applications related to land division or development. CDC 18.390.050, Table 18.390.1 + Historic designation o-Planned developments + Quasi-judicial text and map amendments y -Quasi-Judicial Proceedings- Generally few parties affecting small tracts of land and applying existing regulations Examples: Conditional Use, Subdivision, Zone Change f, t -Quasi-Judicial Standards- ■ Must decide whether the application meets applicable standards ■ Must approve if it meets the standards ■ May impose conditions of approval to ensure that an application will meet the standards Opportunity to Present and Rebut Evidence : ■ Every party has the right to present and to rebut all evidence by other parties ■ Hearings body may limit manner of presentation _ Opportunity to Present and Rebut Evidence (continued): ■ To rebut: . must know what evidence is . have opportunity to speak or submit written material ■ Once public hearing is closed, no new material may be introduced without re-opening_ �+►,,�� L Opportunity to Present -and Rebut Evidence (continued): ■ Questions of staff which do not generate new evidence are permitted after hearing closure ■ Any new evidence presented at hearing in n support of application gives automatic right to continuance to anyone who requests it ., -Hearings- ■ A hearingis required for any legislative or quasi-juicial matter (except administrative decisions) ■ CDC Chapter 18.390 contains procedural rules for hearings ■ Legislative hearings are governed by CDC 18.390.060 ■ Quasi-J"udicial hearings are subject to CDC 18.390.050 and ORS 197.763 15 -Hearing Process/Order of Hearing- ■ Staff presentation ■ Applicant ■ Those in support ■ Neutral ■ Those opposed ■ Rebuttal by applicant (applicant has burden, so is entitled to go first and last) 16 x••fi=gin -Planning Commission Role at Hearing- ■ Ask questions ■ Deliberate ■ Make decision ■ Give instructions to staff 1 it ` � 17 THE RECORD s ■ All evidence placed `� z before hearings body ■ Record is document to be reviewed on _ ;= appeal o ■ Before close of hearing, any party can request record : - remain open for 7 days 'f S Evi nce in Land Use Cases: i Evidence is located in the record �a Rule of thumb: Is it the kind of evidence on which reasonable persons rely in conduct of own business? ■ Evidence must be reliable and substantial Evidence in Land Use Cases (continued) : ■ Findings needed as to why evidence believed to be sufficient ■ If doubt reliability of evidence, best to admit to record s 4, I' Impartial Tribunal : ■ Hearing body acts as judge or arbitrator ■ Must be free of personal interest or bias r � + i? ` Burden of Proof: -- J ■ Proponent has burden ■ Greater the change, greater the burden n ■ Applicant's job is to submit substantial evidence that proposal complies with each approval criteria 7 FINDINGS + U ■ Decision must be supported by findings which are in turn, based on record ■ Three essential requirements for findings: Findings must be based on record � Be facts and not conclusions Be relevant to and address all relevant criteria ^S:: e STATEMENT NEEDED TO SUPPORT v DECISION ■ The City must include in its decision a statement that explains the criteria, states the facts, and justifies the decision based on the facts. ORS 227.173. ■ People refer to both the fact section of the required statement and to the entire statement as "findings" o < 21 0 7 a a Statement Format: ■ There are many ways the required statement can be formatted ■ Preference: . list the applicable criterion or standard usually a code section), d . followed by statements of ultimate fact the true findings), . followed by a conclusion explaining how the facts demonstrate that the criterion is met i 5 Yyr t -All Is Not Lost- ■ LUBA will uphold a decision that has inadequate findings if the evidence is clear that the criterion has been met (or they sy issue was not raised ; below) } i -Address Every Standard & Criterion- ■ Every code standard/criterion applicable to an application should be addressed with one or more , findings (a finding can address mor than one standard or criterion) ■ LUBA can reverse if a decision is no supported by findings addressing applicable criteria .7 �i -How Detailed of Findings?- ■ Every code standard/criterion applicable to an application should be addressed with one or more findings (a finding can address more than one standard or :. criterion) ■ LUBA can reverse if a decision is not L' supported by findings addressing applicable criteria • -How Detailed of Findings?- ■ In an ideal world, every land use decision would 0° have a complete set of findings addressing in detail, every single possibly applicable criterion ■ In reality, that is a waste of time and paper ■ If a LUBA appeal is expected, the decision should have a complete set of findings addressing each criterion ■ In most cases, specific findings as to the main o issues are needed, but minor issues that are not a controversial can be addressed by conclusory findings � (� . _..- t 1.,(,.. t .1 i+ .,i } -r SAH 1� y. }I i i ,:�, t�'+�-'• t, �I -Findings in Controversial Cases- ■ In controversial cases, the following findings should be considered: . Findin s regarding t g I credibility of witnesses = 1 . Findings stating which E: experts are relied on and whyf * Findings addressing arguments or facts disagreed with by the decision-maker i -Adopting Findings- . . `L ■ The hearing body must formally adopt findings: e The motion to approve or deny must refer to findings that are being adopted . The standard motion is to adopt the findings prepared by staff as modified at the hearing . This is usually included as part of the motion approving or denying the application 40 . The more specific the statement of adoption Is, the better CONDITIONS OF APPROVAL ■ Conditions of approval may be ' imposed: . When authorized by code . When application could be denied if conditions not imposed . To insure compliance with applicable criteria . If applicant has agreed to the condition -Drafting Conditions- ■ Staff will normally draft conditions ■ Planning Commission or City Council may add conditions in the same way that findings are added or amended j. _ .,..;. yr ►- t - i4 t r.. ,f:l ,1 7''74- :$�M t'yt.:�• ,(i #P7+ r t t•7s/ 1 �t, -Timing of Conditions Compliance- 0 Condition should speciffyy when the condition must be satisfied: } . By building permit issuance e By certificate of occupancy ` . By final plat approval --- on an ongoing basis n _., -Conditions Should Be Thorough- ■ Conditions should be drafted to ensure full ongoing compliance ■ For example, if a front-facing entrance is required by code and the plans don't show one, conditions are needed as follows: . Amend site plan by time of building permit issuance to show front-facing entrance . Construction of front-facing entrance #_ as shown on amended plans required prior to certificate of occupancy j . Maintain front-facing entrance as functional entrance (on an ongoing basis) -Conditions Should Ensure All Applicable YM Criteria Are Complied With- ■ For every standard or criterion that is not otherwise assured of V compliance, a condition of approval should be imposed to ` ensure compliance ■ Conditions that assure compliance with criteria or standards must be supported by evidence and findings that compliance with the condition is feasible ■ Compliance with conditions must be objectively determinable, otherwise a new hearing would be required to determine compliance ■ It is not always necessary to specifically address every criterion r' with a separate condition of approval ■ All approvals should contain the basic condition that the project will be built and maintained according to the approved site plan F ETHICAL ISSUES ■ Ex Parte contacts 4 ■ Site visits ■ Conflicts of interest ■ Bias n 1 t 37 i Ex Parte Contacts: What are they? ■ Contacts by a party on a fact in issue under WMA circumstances which do not involve all parties to the proceeding ` j r ■ Should be discouraged in favor of public hearing process u 3S, Ex Parte Contacts (continued): d� . What should you do? ■ If it occurs, put it on record at next meeting ■ Describe substance of contact ■ Announce right of interested persons to rebut substance of communication SITE VISITS ■ The site and any information gained which r does not appear in record must be put in record ■ Key is to make a disclosure w �- A CONFLICTS OF INTEREST ■ When as public official, you have an Actual or Potential financial interest in the matter before you 717 Actual & Potential Conflicts: is ■ Actual is defined as one that would be to private pecuniary benefit of the public official, relative or businesses with which official is associated ■ Potential is defined as "could" 00 4 Actual & Potential Conflicts (continued) : r What should you do? ■ Must publicly announce potential and actual conflicts of interest ■ In case of actual, must refrain from participating in debate on issue or voting on issue -S:rXS.r..a:Lri:Li_r.Si.i�u..a+ ,�Y.Is.,.,,.((y:':N—.�s'�DLii�it tvf, r ', y.• . PERSONAL BIAS ■ Exists when official prevented from E� rendering a fair judgment in a matter because of an acquaintance or relationship with someone or something involved in --- the case ■ Where even appearance of potential bias, you must disclose the nature of bias and state whether or not in your opinion it requires disqualification • gS' STs►Tf OF OREGON �� X859 r u t t Introduction : L. ■ ORS 197,763 requires local governments to give detailed notice 973 and follow certain procedural requirements at quasi-judicial �: � hearings ■ All issues must be raised at hearing "` if issue is to be addressed on appeal to LUBA f 'e.' ' =ei:('tifiti ;.. k s �:;� :ir;c�. ti;,t ' •,.f.� ,"' }�,n�rr NOTICE OF HEARING ■ Nature of application ■ Proposed use or use which could be authorized ■ List of criteria applicable to application 4, �,,.ua.r:s.ack,w 3..L.,..�._ ..:s..i.ar.:�::..ae.x.:�•�.,` .r1:�..:ai;^i.t'4 s -J• •l 1- ��w.w:.a�h.1�1Ja.li-.s.i.i. :i Notice of Hearing (continued) : ■ Warning that failure to raise an issue precludes LUBA appeal based on that issue ■ General explanation of procedure for conduct of hearing and presentation of evidence i ■ Right to request continuance if new evidence submitted s 4Y 'L SYS 1 ! S f� � �� t-�� ( f^ 1 - � •` � ,,,vi `J t t Ft 3 �'=c'+t #� rA� t[',y,.ity i r'i-�,. }�c,�kWt�`„�i�A c. DISTRIBUTION OF NOTICE ,IN ■ To all property owners within 100' ■ City sends to 500' 1 1 ■ To neighborhood organization whose boundaries include property ■ Mailed at least 20. days prior.to-hearing, _or 10 days before first if two held 4 �11{;', ;s+4, •1�caS �� `fir >ri.aa�, K. +{, 1 k ' STAFF, REPORT A� ■ Must be available 7 days _ prior to hearing l1 7 STATEMENT BY CHAIR �j At beginning of hearing: ■ Must enumerate applicable criteria ■ Direct participants to address testimony & evidence to applicable criteria ■ State that failure to raise an issue with sufficient specificity to allow response precludes appeal to LUBA CONTINUANCES ■ Any parry can request if additional evidence in support of application is received after notice is given i LEAVING RECORD OPEN ■ Unless continuance granted, any party can request record remain open for at least 7 days after hearing ■ If new issue raised may have to reopen 77- t hearing to allow rebuttal tr COMPLIANCE R ■ Failure to comply with " U ORS 197.763 constitutes procedural error which will result in reversal or remand if ` error caused prejudice to petitioner's rights. { R 1 i.'�r��1lrt .'�, ,'��y��..k��rtr1{• j itA �i�l t.',eft,� rl' t:9 - }n'�•k 1ai S-,f,.iri f}��' ' �4 � ," L,ci�i r,.:.? s t ;.Z y♦r�sl,,:� �� s• t kl�� ' :�. � _ { �� f;, 1 120 DAY RULE ■ Local government has 120 days from date of application to make final land use decisions ■ Applies to most quasi-judicial applications ■ Does not apply to Comprehensive Plan text or map-changes or CDC text amendments i5 V -Effect of 120 Day Rule- � ■ Applicant can seek writ of mandamus from Circuit Court ® Court will order application approved (usually without conditions) if applicant is entitled to approval ■ City required to refund fees and deposit j. xl ' 7 TAKINGS - CONSTITUTIONAL BASES ■ Fifth Amendment, U.S. Constitution ■ Article I, Section 18 of the Oregon d Constitution ■ Both require governments to pay for W property they have taken ■ Takings: o Eminent domain (condemnations) Regulatory Takings Exactions 57 TAKINGS - IN THE LAND USE CONTEXT ■ Regulatory takings r ■ Exactions -Regulatory Takings- - ■ A land use regulation that deprives the property owner of all reasonable use of the property ■ Ballot Measure 37 (adopted by voters at 2004 general election) provides that an owner of real property may seek "just compensation" for the reduction in fair market value of the property that results from the enactment of post acquisition, use restrictive land use regulation. The goveming body responsible for enacting the regulation has the choice to: - . Pay "just compensation" and continue to apply the regulation or o Modify, remove or waive the land use regulation Exactions- ■ Requirements to dedicate property or to allow others on property is an exaction ■ Requirement to build improvements is an i` exaction under Oregon law k ■ Setbacks, height limitations, design standards, and similar regulations are not I exactions M q e 4 r rl I ... r4 y}�'v 'r/ .tYt� ✓,rw r�lv 7 �' .1rlL. � x - sr y jr T4J, i -Rules Governing Exactio s- (Nollan/Dolan Rules) ■ Government may exact property at time of land use approval ■ If exaction is roughly proportional to (or less than) and directly related to an impact of the development on a matter of public interest, no compensation is required ■ If the exaction exceeds the rough proportionality standard, compensation is required y �i Q ..1yy! f$} � ♦�J(.`It�,�,� .{4r tJ y#4� ,M f' '� .R• ! "Ir j�pff I£3''j ! ,}A 'V,t �, ��.1'�' k�tl �. t;:a;{`t f r.".Qi .1'� 5r ' i8r � lt'�•.P '..s=- tfL�C -' 4 «� � + "' " •( �I ua� J �4{4''k''''''I t 1 !� r r t C. F'}I I4N. j } .,r I'.Pl��r rf��r ppp•;y�, h,�{F� +*�'ii r-.; �14r',:�1�f�,�7 N�-.�j P t n.*�f`,�tr� ,�j Y.n._ . �� flt �17 � � ��F H._a Mr�,p{•�1',{ py. ��1,'��)F. "4"1Il 1h��C' L CITY OF TIGARD PLANNING COMMISSION Meeting Minutes February 26, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Doherty, and Vermilyea Commissioners Absent: Commissioners Caffall and Walsh Staff Present: Ron Bunch, Long Range Planning Manager; Sean Farrelly, Associate Planner; Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS The secretary reviewed the Commission's upcoming calendar. 4. APPROVE MEETING MINUTES There was no quorum, so the minutes were not approved. 5. JOINT MEETING WITH THE CITY CENTER ADVISORY COMMISSION - Introduction to the Downtown / Consultant Presentation Members of the City Center Advison• Commission (CCAC) in attendance: Carolyn Barkle}, Roger Potthoff, Alexander Craghead, Carl Switzer, Alice Ellis Gaut. Associate Planner Sean Farrelly advised that this meeting is in response to a request from the CCAC to explore the potential for instituting a particular type of development code in the Downtown, a Form Based Code. This kind of code is graphically based and has been used in several places around the country, although no jurisdiction in Oregon has significantly implemented them. This is an important milestone in the development of a new regulatory framework for the Downtown Tigard Urban Renewal District. The City has hired a consultant team to give PLANNING COMMISSION MEETING MINUTES—February 26,2007—Page I v some background on the principles of good Urban Design for Downtowns, an overview of Form Based Codes, and how design regulations are implemented in Oregon. The presentation tonight's is informational. The next step will be to summarize comments and discussion at the March 5th Planning Commission meeting and formulate a course of action. While this is going on, the City will be starting the public hearing process for updating the Goals,Policies, and Action pleasures for the Downtown section of the Comprehensive Plan. This will be the legislative basis for adopting whichever type of development regulations are decided on. The Planning Commission public hearing is on March 19th. Farrelly introduced the consultants, Don Genasci, an architect with Genasci and Associates, and John Spencer, a land use planning specialist with Spencer and Kupper. The consultants gave a PowerPoint presentation (Exhibit A). They explained the characteristics of form based code and reviewed the quality and function of urban design for small downtowns. Form based code helps with understanding the physical results of development in the Downtown. It builds into the existing code a way to see how it all fits together—what the buildings will be like and how cars and pedestrians can be brought together. The presentation consisted of 4 sections: principles for urban design; explanation of form based code;how design review occurs under Oregon's fact based land use code; and implementation of form based code. Planning Manager Ron Bunch stated that staff would like this to be an on-going collaborative process involving both the Planning Commission and the CCAC. The consultants provided local examples of the Albany, Corvallis, and Eugene downtowns. One of the most important things for a quality downtown is pedestrian scale organization rather than automobile organization, e.g., covered sidewalks (awnings), building decoration and large windows, small scale block structure, smaller buildings, and a range of housing density. The consultants were asked how it's possible to marry small block stature,which tends to have a lot of infrastructure components,with sufficient housing and parking. The consultants answered that parking can be tucked under buildings or behind buildings. Another aspect is the question of public vs.private parking. In downtowns, there is typically a public parking role somehow. In a number of metropolitan downtowns, there isn't a parking requirement (no minimum parking,except possibly for housing). With a mix of uses, there generally aren't as many trips and the need for parking goes down. In Hillsboro, the block sizes are approximately 300'x 300' and they have a regulation that requires developing property owners to consolidate parking areas in the central part of the PLANNING COMMISSION MEETING MINUTES-February 26,2007-Page 2 ti blocks. It's a nice idea, but it's difficult to implement. Property owners develop at different times and it's not likely that they will all agree on sharing the parking. Ron Bunch noted that parking has to be taken seriously. As redevelopment occurs and things become more intense for parking, parking structures may be one solution for managing on- street parking. The consultants listed things that are necessary for a successful downtown: a mix of uses designed for a walking community, signage at pedestrian eye level,wider sidewalks, street furniture, trees, public places,possibly a farmer's market, active and managed public realms (gathering places), and a variety of transportation modes. The consultants provided an overview of form based code (FBC) concepts. FBC deals with 3 dimensions— the public space between buildings (the street, the square, including elevations, walls, surface, floor, pavement, furnishings,permeability of buildings,and the experience of someone walking through public streets and public rights-of-way). The emphasis is on the physical form, the 3-dimensionality of development. FBC starts with buildings and spaces rather than with uses. Some of the goals of FBC are to improve the quality of the built environment,provide more community control over the quality and configuration of what is built, provide more certainty and specificity for developers and property owners, and improve the quality of public realm and its buildings. FBC is typically developed through a planning process and then put into regulatory form as to how the buildings would work,given the urban design concept plan. FBC can be integrated into existing development code, through quasi judicial review processes. They are no different, from an adoption point of view, as a set of design standards. They are configured for 3-dimensions and are graphic, as opposed to words on a page. The characteristics and elements of FBC were described. It was advised that one of the goals of FBC is to simplify the review process. It allows for some diversity of design for the architect, but it does restrict buildings from being too large or too small or moving away from the street. A big difference from FBC and regular development codes would be public spaces and street standards. FBC would tie the form of the building to the street setting. The consultants reviewed sample matrices from other cities. It was noted that there are the same limitations with a fact-based code as with a form-based code. The consultants advised that decisions would be made about what's appropriate given certain places within the community. Ron Bunch believes that with fact-based codes, everything has to be based on fact (findings& conclusions have to be made). With traditional codes, the same building forms tend to be repeated over and over because the developer is not given the information about what the community really wants. The developer responds to market conditions. FBC provides more of an impetus toward better architecture and form. PLANNING COMMISSION MEETING MINUTES—February 26,2007—Page 3 y The consultants noted that Beaverton has a Design Review Board. They have 5 general principles of design and review everything but single family applications. The design criteria were overwhelming so they eventually created a 3-tier system—one had specific quantifiable standards based on facts and land use codes; larger projects or projects in certain areas automatically went to the Design Review Board;and in some cases, only the standards that the developer wanted a variation for were reviewed, rather than the whole project. The 3-tier system streamlined the permitting process and dealt with design in a quantifiable way. FBC is no different in concept and procedure; it's just a different way in how to regulate code in a 3- dimensional way. FBC should be treated the same as any other design-related development regulations. They need to be processed through public hearings and created through a public process. The consultants have not seen anything in Oregon land use requirements that would preclude using FBC. The consultants advised that,if the City wants to pursue FBC or any design- related regulations, the development community needs to be involved in the incorporation of those plans. They will have good ideas about what works and what doesn't. The development community should be invited early in the process. The consultants were asked how FBC has been accepted in other communities and if there are guidelines or ways of stopping it from becoming too restrictive. The oldest example is the FBC done in Seaside,Florida. It's a private development that started with open land, so it's hard to tell yet. Alexandria,Virginia has used FBC for about 45 years and they are pleased with it. Becoming too restrictive is always an issue with any kind of design restrictions. There has to be a line between what is necessary and what is clearly unnecessary. For example, restricting color choices is over the line. You don't want to have regulations that styrnie development. It's counter-productive and needs to be watched. The consultants noted that some of the earlier codes were written so that the form-based aspect was an election. Developers could choose either a design standard way or a FBC way. Basically, there were 2 separate codes and developers could choose to use either one. The consultants were asked if they were aware of any community where the Planning Commission does design review rather than a Design Review Board or some other architectural component. The consultants answered that it's more typical for a Design Review Board to do the review. Ron Bunch noted that, in his experience,Planning Commissions typically address the large scale policy issues and recommendations to City Council (Comprehensive Plan, standards,etc.);Hearings Officers and Design Review Boards hear the day-to-day things for discretionary review. The Planning Commission will have a follow-up discussion on this issue at the March 5th meeting. The CCAC was invited to attend. 6. OTHER BUSINESS PLANNING COMMISSION MEETING MINUTES—February 26,2007—Page 4 r. None 7. ADJOURNMENT The meeting adjourned at 9:06 p.m. Jerree Lewis,Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—February 26,2007—Page 5 I + FORM BASED CODE DRAFT#6 Presentation for the City of Tigard INTRODUCTION Section I What constitutes high quality and functional urban design for small downtowns? Principles for high quality downtowns: a, Section II How design review occurs under Oregon's fact-based land use process: Procedural aspects that must be observed in the development review process Overview of form based code(FBC)concepts Why use FBC with current zoning codes and fi design standards? Characteristics of form based code Elements of FBC - Iti How FBC Works-Examples of Matrix Organizing Principles 1 Mechanics of Implementation t;d;:n�LYe .tai Section I What constitutes high quality and functional urban design for small downtowns? Principles for high quality downtowns: A � Pedestrian Scale organization,rather than automobile `. L scale organization-small block structure with active uses(fosters variety and intensity) xx !+ Sufficient housing density in close proximity(walking -.. distance)to support active street fife and retail that provides residents'daily and long term needs - ti A balance of work,living,retail and entertainment(a mix of uses)so residents consider the downtown as a destination for short and long term needs r Quality design and construction-is a symbol of local values Signage focused on pedestrian sale observation Public places(parks,streets and squares)that encourage f. Public usage r 3 � An actively and imaginatively managed public realm with It places that encourage events and public involvement Activities and elements that safely bring children,people of all ages and physical abilities into the new public spaces Opportunities for a variety of scales of businesses, including live/work,street vendors,incubators,artists Plan and build for a balance of community interests for variety of economic and age,constituents 'Kcr s v` 1 Traffic calming principles to ensure that the automobile is accessible but not intrusive Develop A variety of accessible transportation modes Ensure that buildings support public life In form and configuration,letting sunlight into public Y places and not overshadowing Take the best urban ideas from history and use them in a way that fits the local context '" •t ii �]�]�+��)7:�1 11 lilt Provide for an ongoing public process in a specific place that encourages dialogue between decision makers,residents and stakeholders.The dialogue will examine values,opportunities,issues and aspirations,the bases of a three dimensional plan and form based code Now do urban design decisions and developer investment follow pnnciples7 Development of form based standards to ensure that investment is protected by quality design and construction Section II Overview of form based code(FBC)concepts: How design review must occur under Oregon's fact based land use process FBC is a refinement plan/overlay and sub)ect to the statutes Procedural aspects that must be observed by the development review process,in order to provide a dear understanding of what constitutes legally defensible design regulations and procedures under the Oregon land use system. (Oregon's revised statutes in general and specifically ORS 197's) Development of quantifiable regulations(administrative decision)or dear,obtective interpretation of standards by a quasi legal process(Design Commission) (b)The approval or denial of an application,based on discretionary standards designed to regulate the physical characteristics of a use permitted outright,including but not limited to site review and design review, 197.195 FBC is no different than design review standards and guidelines now being used in a number of cities including Beaverlon,Portland,Bend,take Oswego and Hillsboro Are form based land use regulations the best way to expedite the land use/desgn review process that results In quality buildings and public spaces?yes Can FBC be combined with other types of standards/regulations? Yes 1 Definition of FBC: A predictable method of regulating the quality and configuration of development directed toward the goal of improving the public realm. This is accomplished by unifying a three dimensional plan and regulations that graphically emphasize improving the economic viability and physical quality of cities. FBC is a land development regulatory tool that emphasizes the physical form of the built environment (public realm). Its end goal is to produce a type of place that addresses relationships among and between buildings and the public realm. It does this without eliminating land use regulations. By understanding what future development will be like,communities can make better decisions about what will be built Goals of Form- Based Code (FBC} Improve the quality of the built environment-(buildings and public places) Improve the certainty of the quality and configuration of what is built(fewer surprises) More community control over the quality and configuration of what is built Transparency for developer(two tier system)acceptance of FBC vs.more ambiguous Design Standards/Commission Greater certainty for developer-projects can be planned with more knowledge of outcome FBC improve the quality of public realm and its buildings: Based on visual district standards provided by an area master plan and matrix They are visual and written rules for the form of buildings and public places They emphasize mixed use development and a variety of typologies for divergent needs and densities Based on a public participation process Integrate form based codes into a legally defensible design review and land use program that provides economic incentives to developers. Clear and objective standards Place based land use process-tied to local values Provide Findings Time Frames within process I Why use FBC with Current Zoning Codes and design standards? Shortfalls of zoning(a blunt instrument for achieving community development goals) Based on land use,rather than the quality of the buildings and the public realm Height-usually maximum only,rather than minimum and maximum Density-units/acre and FAR(floor area ratio) Overty complex and difficult to understand Open to uncertainty-unable to demonstrate the result of zoning Not related to quality Focused on protecting adjacent uses from impediments Leads to homogeneous single use districts Separates and compartmentalizes uses Design standards are difficult to interpret and enforce,because they are ambiguous and usually unrelated to plans or examples 1 Characteristics of form based code: FBC is a statement of rommunity develooment opals. FBC will achieve a more predictable built result than zoning, because it is based on a plan that proposes specific physical qualities/attributes Elements controlled by FBC are those most important to shaping a quality public realm FBC provides physical examples and guidance for implementation with community support The process of developing a plan offers communities opportunities to consider the physical character of the community Community members will have easier access to FBC,because of its physical descriptions and stated goals of the code Less open to legal challenge,because failure to comply would diminish the good that comes from the community adopting a specific plan and code Elements of FBC: Regulating Plan:providing a coherent strategy based on community intentions to implement the agreed configuration,physical character and quality of future development. The plan will show building sites, str rt types,build-to lines and design features. Urban Regulations:standards organized by district and building type,presented in the form of a matrix and diagrams that address bulk,height,coverage Public Space/Street Standards:width and dimensions of streets,sidewalks,paths,curb heights, parking requirements etc. Building Form Standards:regulations controlling building and landscape configuration,character and a range of functions,including walls,windows,fences,roofs and species,sizes,locations of trees and plantings. Administration: clearly defined application and project review process Definitions: glossary to ensure understanding technical terms Annotation: text and illustrations explaining intent of specific code provisions. 6 How FBC Works-Examples of Matrices urbanSeaside od- ZOMK50ODC-UWCF/U15Df Generic FBC Matrix RURAL URBAN DISTRICTS J, UAW.0,60 G 60 V �o OL • \' w r w Ti :.:;..! T2 T4 v*...:" T5 ClMT!! T6 co:i D anA� FBC Matrix Arlington VA U 8—L.• —5*unrQ LucyS— S- 7= Three Dimensional Examples I: ii i' I Landcaster, CA 5.4 BUILDING IVPSS ANO REGULATING PUNS .r.m b.yr OA....a�y.PramM.•..pn_.nl•s. S•.do.Jlon�.....Ramrwlirl liiYp Wir�[wrm.e'�.maia.W..• 4•Ilrf'1P�m Yawl • IM fMr� • iw s.a L.r •�a.9.i l...w� • l� •U..a.e Nr•••N•� •G.T•A s.l M.ti• F..Yr 5.1 ww.-�.�arr rwe.al�n M�Mb•�li« YW N:�d I\a•��/A1b�I•tlO SI•� I -- WfPaaMrNwa -- P«a•a 5P«I.wans......w I •Yi•}LL W1p-dk� ® fps• .. _Elw•IM/nyWw�•AIwaIY.IAYn.. .�..�+�T.r'.-:. dA Organizing Principles: Graphic codes may be organized in several ways(based on which part can fit into the Oregon land use system). Coding by a hierarchy of street types Boulevard Main streets Squares Secondary downtown streets Residential streets Lanes Pedestrian walks Alleys Coding by Location: Town center Neighborhood center Neighborhood general Neighborhood edge Coding by building type: Mixed-use buildings-commercial and housing Loft buildings/workshops Apartment houses,boarding houses,hotels Rowhouses/duplexes(0 lot line houses) Side-yard houses Independent houses Mechanics of Implementation (general): Existing conditions analysis and inventory Develop a participatory plan to ensure an open process;prepare an urban design plan. Develop an urban design plan together with stakeholders,public,Planning Commission and City Council (completed in Tigard) Present urban design plan to participants,stakeholders,Planning Commission and City Council Revise to more nearly fit the chosen vision for the urban design plan Develop FBC matrix(graphics and words)designed to implement the agreed urban design plan Present the FBC matrix to participants in the urban design process,Planning Commission and City Council for approval. 10 Legal Issues: Discretion-manner in which regulations are wniten: FBC must also contain sufficiently detailed and meaningful standards to alert applicants to what is expected of them,while allowing sufficient discretion in the decision making body to ensure approval of an application. Delegation-manner in which regulations are administered: Local government will need to administer and interpret the FBC. Local government can be advised by an architectural review board or a town architect. However,neither can be a proxy for the decision-making body. "The determination must be made of the appropriate balance between the degree of prescnpton required to create the desired physical result and the amount of discretion necessary to find solutions to problems that could not be anticipated when regulations were drafted." The resistance to prescriptive design regulations is practical and political rather than legal. Often Heard Objections to FBC Too prescriptive based on a particular style of architecture Too arbitrary in implementation and subject to abuse Does not allow for creative solutions 11