12/13/2004 - Packet Completeness
Review for Boards,
Commissions and
Committee Records
CITY OF TIGARD
Planned Unit Development Committee
Name of Board, Commission or Committee
Dec 13,2004
Date of Meeting
To the best of my knowledge these documents are a complete copy of the official record.
C.L. Wiley
Print Name
Signature
2/19/20113
Date
PD REVIEW COMMITTEE MEETING
December 13, 2004
Tigard Permit Center
7:00-9:00 p.m.
Agenda
1. Roll Call 7:00-7:05
2. Discussion: Proposed Code Changes 7:05-9:00
3. Additional Agenda Items 9:00-9:15
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose
18.350.020 The Process
18.350.030 Administrative Provisions
18.350.040 Noncompliance: Bond
18.350.050 Applicability in Commercial and Industrial Zones
18.350.060 Allowed Uses
18.350.070 Applicability of the Base Zone Development Standards
18.350.080 Exceptions to Underlying Development Standards
18.350.090 Conceptual Development Plan Submission Requirements
18.350.100 Approval Criteria
18.350.110 Shared Open Space
18.350.010 Purpose
18.350.010 Purpose
A. Purpose. The purposes of the planned development overlay zone are:
1. To provide a means for creating planned environments through the application of
flexible standards, i.e., zero-lot lines, narrower streets, and other innovative
planning practices which will result in a superior living arrangement;
2. To facilitate the efficient use of land;
3. To promote an economic arrangement of land use, buildings, circulation
systems, open space, and utilities;
4. To preserve to the greatest extent possible the existing landscape features and
amenities through the use of a planning procedure that can relate the type and
design of a development to a particular site; and
5. To encourage development that recognizes the relationship between buildings,
their use, open space, and accessways and thereby maximizes the opportunities
for innovative and diversified living environments.
Proposed Revision
Goal: Clarify the purpose of PD's.
Objective of the revised purpose statement: While the committee recognizes that
the purpose statement is not used as approval criteria, it is important that the
language be written in a form that is understandable and relevant to today's
developments. If an applicant cannot understand what the purposes of PD's are,
how can the city expect a product that will truly forward the goals of the
subsequent criteria. It is also important to develop the purpose statement
language as a mechanism to evaluate other proposed code changes, to ensure
that the amendments implement the purpose of the code.
One such proposed revision:
The purposes of the planned development overlay zone are:
1. To provide an alternate means for property development (4 acres or larger)
which result in development more closely approaching the goals of Tigard's
Page 1 of 14 November 10, 2004
r
Comprehensive Plan through the application of flexible standards which consider
a broader range of impacts to the city, and
Staff Note: criteria, such as the 4 acre size, should be kept out of the purpose
statement and placed in the approval criteria (or in "The Process') section.
2. To provide alternate benefits to the city in lieu of strict adherence to all other
rules of the Tigard Community Development Code, and
Staff Note: "alternate benefits"may need some clarification, such as examples.
3. To encourage unique and differentiated neighborhoods (housing styles, use of
open space, transportation facilities, etc.) in Tigard, which will retain their
character and city benefits, while respecting the characteristics of existing
neighborhoods through appropriate buffering, and
4. To preserve to the greatest extent possible the existing landscape features
and amenities (trees, water resources, views, etc.) though the use of a planning
procedure (presentation of alternatives, conceptual review, then detailed review)
that can relate the type and design of a development to a particular site, and
Staff Note: This is okay, but realize that often trees and views conflict.
5. To allow an amount of development on a site which will provide some
economic return to the owner and developer consistent with the degree of
negative impact or perceived benefit to neighbors and the general public
resources of Tigard.
Another Perspective
The Community Vision(I like that,Bill)should be based on the relationship of PEOPLE to the ENVIRONMENT--not of
buildings to one another.This should obtain whether the PD is residential,commercial,or mixed.In other words,given
that the PD concept is in part an attempt to achieve efficiency in cramped quarters,structures should reflect the goal of
maximum possible interface with the natural world
I believe the overriding principles should be grounded in sustainability--i.e.,resource preservation&enhancement,energy
efficiency,and quality(aesthetics,durability,utility).While we've gone'round about minimum sizes(and I must admit I'd
prefer these smaller parcels be left alone&re-zoned for more suitable&neighborhood compatible densities)I believe that
IF we orient PDs towards the goals of resource conservation&enhancement,AND we do so by requiring independent
certification re:the environmental/energy/aesthetic characteristics,minimum parcel size might be less critical.Here I
especially agree with John,that the amount of flexibility allowed should be in direct relation to the benefit/deficit to the
environment and the community at large.
We should look to require green building,renewable energy,&other long-term beneficial techniques.Applicants should
be required to address these&other criteria,including innovative use of common space,archtectural&aesthetic
qualities,at the outset,with opportunity for public comment prior to the applicant expending larger sums in pursuit of the
project.(And to those who would say"We can't do that,they won't go for it",I would respectfully reply that this is the 21 st
century,global warming is for real,the technology&materials get cheaper every day,it's the future,it's OUR future,it's
OUR community--so get over it&evolve).
Page 2 of 14 November 10, 2004
18.350.020 The Process
A. Applicable in all zones. The planned development designation is an overlay zone
applicable to all zones.
Staff's proposal: Projects in Commercial and Industrial Zones are not typically reviewed
as PD's, although there are some areas with this overlay in place. There is generally
enough flexibility in site design standards, and there is limited opportunity for mixed uses
(where not already allowed), that the committee may consider limiting PD's to residential
zones only. This may be a good spot to place restrictions on lot size.
B. Elements of approval process. There are three elements to the planned development
approval process, as follows:
1. The approval of the planned development overlay zone;
2. The approval of the planned development concept plan; and
3. The approval of the detailed development plan [or preliminary subdivision plat].
Staff note: `preliminary subdivision"plat was added for clarification, as related to section
E below.
C. Decision-making process.
1. A new planned development overlay zone and/or concept plan shall be
processed by means of a Type III-PC procedure, as governed by Section
18.390.050, using approval criteria contained in Section 18.350.100.
2. The detailed development plan shall be reviewed by means of a Type II
procedure, as governed by 18.390.040, to ensure that it is substantially in
compliance with the approved concept development plan.
3. In the case of an existing planned development overlay zone for any other type
of application, the application shall be reviewed under the provisions required in
the chapters which apply to the particular land use application.
D. Concurrent overlay zone and conceptual plan applications. The application for the
overlay zone and for approval of the conceptual development plan may be heard
concurrently if an application for each of the actions is submitted. [The detailed
commercial or industrial development plan shall be filed separately].
Staff note: If commercial and industrial PD's are eliminated, this section would be
deleted.
i
E. Concurrent overlay zone [, concept plan,J and subdivision applications. If the
application involves subdivision of land, the applicant may [also]apply for preliminary
lat approval and the applications shall be heard concurrently.
Staff note: The committee discussed separating the overlay and subdivision into two
separate applications. The general consensus was to allow a joint filing of the
application, but place greater emphasis on having the applicant clearly distinguish the
two parts instead of merely "proposing a concept which is the detail". Additional text was
added to clarify the three parts of the process.
18.350.030 Administrative Provisions
A. Zoning map designation. Where a planned development overlay zone has been
approved, the zoning map shall be amended to indicate the approved planned
Page 3 of 14 November 10, 2004
development designation for the subject development site. The approval of the
planned development overlay zone shall not expire.
Staff note: There should be some provision for removal of an overlay zone, when
development has not occurred, or perhaps an expiration timeframe is in order.
B. Time limit on filing of detailed development plan. [if the overlay zone, concept, and
detailed plan or preliminary plat were not heard concurrently,]Within 1-1/2 years
after the date of Commission approval of the conceptual development plan, the
owner shall prepare and file with the Director a detailed development plan. Action on
the detailed development plan shall be ministerial and taken by the Director by
means of a Type II procedure, as governed by Section 18.390.040, using approval
criteria below:
1. The Director shall approve the detailed development plan upon finding that the
final plan conforms with the conceptual development plan approved, or approved
with conditions by the Commission. The detailed plan shall be approved unless
the Director finds:
a. The change increases the residential densities, increases the lot coverage by
buildings or reduces the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d. The change commits land to development which is environmentally sensitive
or subject to a potential hazard; and
e. The change involves a major shift in the location of buildings, proposed
streets, parking lot configuration, utility easements, landscaping or other site
improvements.
[f. The final plan does not otherwise substantially conform to the concept plan.]
2. A decision by the Director may be appealed by the applicant or other
affected/approved parties to the Commission and the Commission shall decide
whether the detailed development plan substantially conforms to the approved
conceptual development plan based on the criteria set forth in Subsection 1 of
this section. This appeal shall be governed by provisions of Section
18.390.040G.
C. Extension. The Director shall, upon written request by the applicant and payment of
the required fee, grant an extension of the approval period not to exceed one year
provided that:
1. No changes have been made on the original conceptual development plan as
approved by the Commission;
2. The applicant can show intent of applying for detailed development plan [or
preliminary plat]review within the one year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and
ordinance provisions on which the approval was based.
D. Phased development.
1. The Commission shall approve a time schedule for developing a site in phases,
but in no case shall the total time period for all phases be greater than seven
years without reapplying for conceptual development plan review.
2. The criteria for approving a phased detail development plan proposal are that:
Page 4 of 14 November 10, 2004
a. The public facilities shall be constructed in conjunction with or prior to each
phase; and
b. The development and occupancy of any phase shall not be dependent on the
use of temporary public facilities. A temporary public facility is any facility not
constructed to the applicable City or district standard.
E. Substantial modifications to conceptual plan. [If a detailed development plan or
preliminary plat does not substantially conform to the conceptual plan, a new
conceptual development plan shall be required.]
Staff note: revised for clarity.
18.350.040 Noncompliance: Bond
A. Noncompliance. Noncompliance with an approved detailed development plan shall
be a violation of this chapter.
B. Issuance of occupancy permits. The development shall be completed in accordance
with the approved detailed development plan including landscaping and recreation
areas before any occupancy permits are issued. However, when the Director
determines that immediate execution of any feature of an approved detailed
development plan is impractical due to climatic conditions, unavailability of materials,
or other temporary condition, the Director shall, as a precondition of the issuance of
a required permit, require the posting of a performance bond or other surety to
secure execution of the feature at a time certain not to exceed one year.
18.350.050 Applicability in Commercial and Industrial Zones
A. By election. An applicant for a commercial or industrial project may elect to develop
the project as a planned development, in compliance with the requirements of this
chapter.
B. As condition of approval in commercial and industrial developments. An approval
authority may apply the provisions of this chapter as a condition of approving any
application for a commercial or industrial development.
Staff note: If the decision is made to remove commercial and industrial areas from PD
applicability, then this section would be deleted. One area that may need to be considered are
the Mixed Use (MUR, MUC, MUE) zones. These are technically commercial, but allow residential
development. A list of uses like those spelled out for residential zones should be created to
address these new zones.
18.350.060 Allowed Uses
A. In residential zones. In all residential zones, an applicant with a planned
development approval may develop the site to contain a mixture of uses subject to
the density provisions of the underlying zone and the density bonus provisions of
18.350.100 B2. The following uses are allowed with planned development approval:
1. All uses allowed outright in the underlying zoning district;
2. Single-family detached and attached residential units;
3. Duplex residential units;
4. Multi-family residential units;
Pa,-,e 5 of 1.1 November 10, 2004
5. Manufactured homes;
6. Accessory services and commercial uses directly serving the planned
development only and which are customary or associated with, but clearly
incidental to, the residential uses permitted in the zone;
Staff Note: talk about controversy. But still in some areas may be appropriate.
Examples should be listed, such as barber shops, retail uses not exceeding 5,000 s.f.,
dance studio, preschool or daycare, bank. Prohibited uses should include gas stations,
industrial uses, etc.)
7. Community building;
8. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming
pool, tennis court or similar use;
9. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis
court, or similar use; and
10. Recreational vehicle storage area.
Staff note: this one may have seen its time come and go. You decide.
B. In commercial zones. In all commercial zones, an applicant with a planned
development approval may develop the site to contain all of the uses permitted
outright in the underlying zone and, in addition, a maximum of 25% of the total gross
floor area may be used for multi-family dwellings in those commercial zones that do
not list multi-family dwellings as an outright use.
Staff note: If the decision is made to remove commercial and industrial areas from PD
applicability, then this section would be deleted. This provision would need to be added back into
the commercial zoning district, and if an applicant wished to include residential component in a
commercial project, the commercial standards could utilize sections of the PD chapter for
guidance in an (Site Development Review) SDR process.
C. In industrial zones. In all industrial zones, a planned development shall contain only
those uses allowed outright in the underlying zoning district.
Staff note: If the decision is made to remove commercial and industrial areas from PD
applicability, then this section would be deleted. Expansion of other uses in Industrial Zones is
not recommended, potential violation of Metro Functional Plan
18.350.070 Applicability of the Base Zone Development Standards
Staff note: generally 18.350.070 and 18.350.080 should be incorporated into the
approval standards of 18.350.100.
A. Compliance to specific development standards. The provisions of the base zone are
applicable as follows:
1. Lot dimensional standards: The minimum lot size, lot depth and lot width
standards shall not apply except as related to the density computation under
Chapter 18.715;
2. Site coverage: The site coverage provisions of the base zone shall apply;
3. Building height: The building height provisions shall not apply; and
4. Structure setback provisions:
a. Front yard and rear yard setbacks for structures on the perimeter of the
project shall be the same as that required by the base zone unless otherwise
provided by Chapter 18.360;
Page 6 of 14 November 10, 2004
Staff note: this standard should be replaced by something more explicit and clearer,
such as a perimeter setback. Setbacks may be required from internal roads that are not
designed to serve abutting parcels. le. Private streets.
b. The side yard setback provisions shall not apply except that all detached
structures shall meet the Uniform Building Code requirements for fire walls;
and
c. Front yard and rear yard setback requirements in the base zone setback shall
not apply to structures on the interior of the project except that:
(1) A minimum front yard setback of 20 feet is required for any garage
structure which opens facing a street. [This setback may be reduced for
rear or side loaded garages, if shown on a detailed plan.]
(2) A minimum front yard setback of eight feet is required for any garage
opening for an attached single-family dwelling facing a private street as
long as the required off-street parking spaces are provided. . [This
setback may be reduced for rear or side loaded garages, if shown on a
detailed plan.]
[d. The applicant shall specify the proposed setbacks, either on a lot by lot, or
project wide basis. A plan showing the proposed setbacks shall be included.]
B. Other provisions of the base zone. All other provisions of the base zone shall apply
except as modified by this chapter.
18.350.080 Exceptions to Underlying Development Standards
A. Exceptions to parking requirements. The Commission may grant an exception to the
off-street parking dimensional and minimum number of space requirements in the
applicable zone based on findings that:
1. The minor exception is not greater than 10 percent of the required parking; and
2. The application is for a use designed for a specific purpose which is intended to
be permanent in nature, e.g., a nursing home, and which has a low demand for
off-street parking; or
3. There is an opportunity for sharing parking and there is written evidence that the
property owners are willing to enter into a legal agreement; or
4. Public transportation is available to the site, reducing the standards and will not
adversely affect adjoining uses; or
5. There is a community interest in the preservation of particular natural features of
the site which make it in the public interest to grant an exception to parking
standards.
Staff note: This is not a widely used exception and is otherwise provided for in Chapter
18.370. As concurrent adjustments can be made part of a detailed application, this
provision should be moved to that chapter.
B. Exceptions to sign requirements. The Commission may grant an exception to the
sign dimensional requirements in the applicable zone based on findings that:
1. The minor exception is not greater than 10 percent of the required applicable
dimensional standard for signs;
2. The exception is necessary for adequate identification of the use on the property;
and
3. The sign will be compatible with the overall site plan, the structural improvements
and with the structures and uses on adjoining properties.
Page 7 of 14 November 10, 2004
Staff note: again, this is generally not used, and the sign code (Chapter 98.790) provides
ample methods for project identification
C. Exceptions to landscaping requirements. The Commission may grant an exception to
the landscape requirements of this title upon a finding that the overall landscape plan
provides for 20% of the gross site area to be landscaped.
Staff note: its recommended that this be made a bit more specific, what types of
landscaping exceptions? Buffer distances? Tree sizes? I think if an overall landscape
plan is prepared for the site by a registered Landscape Architect, and its demonstrated
that the exceptions will continue to better satisfy the intent of the standard being
modified, then this is a good thing. Example: a reduced depth buffer, with an abundance
of various evergreen trees and shrubs, in lieu of a wall placed on the property line on a
sloped property.
18.350.090 Conceptual Development Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application
containing all of the general information required for a Type IIIB procedure, as
governed by Section 18.390.050. In addition, the applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development
through the particular approach proposed by the applicant. This statement should
include a description of the character of the proposed development and the
rationale behind the assumptions and choices made by the applicant.
Staff Note: this is an area that could use additional explanation. Perhaps "architectural
style, utilization of green building techniques, new urbanist principles, or other innovative
site planning principles"
2. A development schedule indicating the approximate dates when construction of
the planned development and its various phases are expected to be initiated and
completed.
Staff note: the detailed description should include specific dates to be identified, such as:
demolition, tree protection installation, ground breaking, grading, public improvements,
and building construction.
3. A statement of the applicant's intentions with regard to the future selling or
leasing of all or portions of the planned development.
j Staff note: this seems irrelevant, and is recommended that it be deleted.
4. A narrative statement presenting information, a detailed description of which is
available from the Director.
Staff note: the detailed description should include the schedule requirements, and other
ideas?...
B. Additional information. In addition to the general information described in Subsection
A above, the conceptual development plan, data, and narrative shall include the
following information, the detailed content of which can be obtained from the
Director:
1. Existing site conditions;
2. A site concept;
3. A grading concept;
Page 8 of 14 November 10, 2004
4. A landscape concept;
5. [delete] A sign concept; and
6. A copy of all existing jand4or proposed restrictions or covenants.
[7. A Structure Setback and Development Standards concept]
18.350.100 Approval Criteria
A. Relationship to site development review. The provisions of Chapter 18.360, Site
Development Review, are not applicable to Planned Development Reviews. The
detailed development plan review is intended to address the same type of issues as
the Site Development Review.
Staff note: If the decision is made to remove commercial and industrial areas from PD
applicability, then this section is still required to address multifamily PD's.
B. Specific planned development approval criteria. The Commission shall make findings
that the following criteria are satisfied when approving or approving with conditions,
the concept plan. The Commission shall make findings that the criteria are not
satisfied when denying an application.
1. All the provisions of the land division provisions, Chapters [delete - 18.410, as
this applies only to lotline adjustments and not divisions] 18.420 [if the committee
intends to allow PD's for 2 and 3 lot partitions, then this should remain, otherwise
it should be deleted, and a reference that PD's for residential zones only applies
to subdivision and multifamily development] and 18.430, shall be met;
Staff note: if the applicability section is modified, it should consider these points, and
changes should be reflected in this section as well.
2. Except as noted, the provisions of the following chapters shall be utilized as
guidelines. A planned development need not meet these requirements where a
development plan provides alternative designs and methods, if acceptable to the
Commission, that promote the purpose of this [chapter] section. In each case, the
applicant must provide findings to justify the modification of the standards in the
chapters listed below. [The applicant shall respond to all the
applicable criteria of each chapter as part of these findings. For those chapters
not specifically exempted, the applicant bears the burden of fully complying with
those standards, unless a variance or adjustment has been requested.]The
Staff Note: The last sentence regarding open space should be moved to the open space
requirements section.
[a. Chapter 18.705, Access, Egress and Circulation.]
Staff Note: This has been moved from subsection "f'below, to be in numerical order.
a. Chapter 18.715, Density Computation and Limitations. Unless authorized
below, density shall be governed by the density established in the underlying
zoning district. The Commission may further authorize a density bonus not to
exceed 10% as an incentive to increase or enhance open space, architectural
character and/or site variation incorporated into the development. These
factors must make a substantial contribution to objectives of the planned
Page 9 of 14 November 10, 2004
development. The degree of distinctiveness and the desirability of variation
achieved shall govern the amount of density increase which the Commission
may approve according to the following:
Staff note: there are density bonus provisions in the Tree Removal ordinance
18.790.040, that should be deleted, to further encourage use of the PD process. These
provisions allow up to a 20% density bonus. If anything those standards should permit a
density reduction. How do you increase density by preserving more trees?
(1) A maximum of 3% is allowed for the provision of undeveloped common
space, exclusive of areas contained in floodplain, slopes greater than 25
%, drainageways, or wetlands that would otherwise be precluded from
development; [1% bonus for each 5% gross site area set aside in open
space]
(2) A maximum of 3% is allowed for landscaping; streetscape development;
developed open spaces, plazas and pedestrian pathways and related
amenities; recreation area development; and/or retention of existing
vegetation; [I% bonus for each I% of total project cost invested in
development of pedestrian amenities, plazas, or other items from the
"Planning Commission's Toolbox']
(3) A maximum of 3% is allowed for creation of visual focal points; use of
existing physical amenities such as topography, view, and sun/wind
orientation;
Staff Note: aside from visual focal points, which is really tough to assign a value to,
these other items are market driven and generally will be utilized by the developer to
reduce project costs (less grading) or increase lot values (sun, view). This section
should be deleted.
(4) A maximum of 3% quality of architectural quality and style; harmonious
use of materials; innovative building orientation or building grouping;
and/or varied use of housing types.
Staff Note: This is the stated purpose of PD's. Why should a bonus be provided for
projects that do what they are supposed to do? Perhaps varied use of building types
and/or pricing levels to meet affordable housing objectives would be something to
consider, but as written, this bonus provision should be removed. Another consideration
would be to grant density reductions, based on site specific criteria with a potential
mitigation program (i.e. Transfer of Development Rights)
Staff Note: exceptions to the exceptions? This chapter shouldn't be a guideline, the
flexibility is already provided by the flexibility in the underlying development standards.
c. [moved] ,
d. Chapter 18.745, Landscaping and Screening;
e. Chapter 18.765, Off-street Parking and Loading Requirements;
f. [moved] ,
g. GhapteF 18.790, Si
Staff Note:As mentioned previously, signs are not typically even a discussion for PD's,
and there are allowances in the Sign Code and Variance Chapter to address signs.
[h. Chapter 18.795, Visual Clearance Areas;]
Ii. Chapter 18.810, Street and Utility improvements, Sections 18.810.040, Blocks;
and 18.810.060, Lots.]
Page 10 of 14 November 10, 2004
Staff note: The sections from this chapter refer to specific site planning standards such
as block length dimensions, general connectivity, and lot size and shape. There are
certainly cases to be made where these standards do not fit a particular design concept
that better meets the intent.
3. In addition, the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1) The streets, buildings and other site elements shall be designed and
located to preserve the existing trees, topography and natural drainage to
the greatest degree possible; [mass grading is not permissible, and a
specific evaluation will be required for each tree to be preserved. A
program shall be established by the Commission that will specify a
penalty system for trees that are advertently or inadvertently damaged.]
(2) Structures located on the site shall not be in areas subject to ground
slumping and sliding [as demonstrated by the inclusion of a specific
geotechnical evaluation];
(3) There shall be adequate distance between on-site buildings and other on-
site and off-site buildings on adjoining properties to provide for adequate
light and air circulation and for fireprotection;
Staff Note: the requirement for a perimeter setback should account for offsite separation
distance. Fire and building codes regulate on site building separation. If not attached,
typical setbacks are three feet (6 feet between buildings.) perhaps this should just be
adopted to replace this nebulous standard.
(4) The structures shall be oriented with consideration for the sun and wind
directions, wherepossible; and
Staff Note:As noted previously, the market will typically dictate that developers consider
these types of amenities. It's a pretty loose standard, but could be kept.
(5) Trees preserved to the extent possible. Replacement of trees is subject to
the requirements of Chapter 18.790, Tree Removal.
Staff note: at first, 1 was thinking that a particular threshold percentage be kept (i.e. not
more than 50% of the trees on site may be removed). But there have been cases where
the trees are either a) not great specimens, b) not plentiful, c) unfortunately located. For
example, a development site with 6 trees, all in a hedgerow where the road is forced to
go due to other requirements, has no chance for approval. 1 then thought what about
designating particular "specimen trees"subject to some form of criteria, that then must
be preserved, possibly at the expense of others. This too may be too rigid. What if the
neighborhood specified the trees to be saved? Violates due process and equal
protection. Brainstorm.
b. Buffering, screening and compatibility between adjoining uses:
(1) Buffering shall be provided between different types of land uses, e.g.,
between single-family and multi-family residential, and residential and
commercial uses;
(2) In addition to the requirements of the buffer matrix (Table 18.745.1), the
following factors shall be considered in determining the adequacy and
extent of the buffer required under Chapter 18.745 [The requirements of
the buffer matrix may be reduced if a landscape plan prepared by a
registered Landscape Architect is submitted that attains the same level of
buffering and screening with alternate materials or methods]:
(a) The purpose of the buffer, for example to decrease noise levels,
absorb air pollution, filter dust, or to provide a visual barrier;
Palle 11 of 14 November 10, 2004
(b) The size of the buffer needs in terms of width and height to achieve
the purpose;
(c) The direction(s) from which buffering is needed;
(d) The required density of the buffering; and
(e) Whether the viewer is stationary or mobile.
(3) On-site screening from view from adjoining properties of such activities as
service areas, storage areas, parking lots and mechanical devices on roof
tops shall be provided and the following factors shall be considered in
determining the adequacy of the type and extent of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
c. Privacy and noise: Non-residential structures which abut existing residential
dwellings shall be located on the site or be designed in a manner, to the
maximum degree possible, to protect the private areas on the adjoining
properties from view and noise;
d. Private outdoor area — residential 4 use:
Staff note: it does not seem a far stretch to require this of single family development
either
(1) In addition to the requirements of subparagraph (3), each ground-level
residential dwelling unit shall have an outdoor private area (patio, terrace,
porch) of not less than 48 square feet;
(2) Wherever possible, private outdoor open spaces should be oriented
toward the sun; and
(3) Private outdoor spaces shall be screened or designed to provide privacy
for the use of the space.
e. Shared outdoor recreation [and open space] areas — [residential] Multi family
use:
(1) In addition to subparagraphs (2) and (3) of this section each [residential]
multiple-dwelling development shall incorporate shared usable outdoor
recreation areas within the development plan as follows:
(a) Studio units up to and including two bedroom units, 200 square feet
per unit;
(b) Three or more bedroom units, 300 square feet per unit.
(2) Shared outdoor recreation space shall be readily observable from
adjacent units for reasons of crime prevention and safety;
(3) The required recreation space may be provided as follows:
(a) It may be all outdoor space; or
(b) It may be part outdoor space and part indoor space; for example, an
outdoor tennis court and indoor recreation room; or
(c) It may be all public or common space; of
SAF
Page 12 of 14 November 10, 2004
(e) Wti`ro ba'GGnieS aF8 added te 't the h I shall t b i
ess
finn, AQ —mine feet.
Staff Note: The SDR standards permit balconies to be used for semi public outdoor area,
but this seems a weak level of excellence to expect from a planned development project,
therefore its recommended that this provision be deleted.
f. Access and circulation:
(1) The number of [required] allowed access points for a development shall
be provided in Chapter 18.705;
(2) All circulation patterns within a development must be designed to
accommodate emergency [and service] vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways [abutting and
through a site] if such facilities are shown on an adopted plan.
g. Landscaping and open space.-
(1)
pace:(1) Residential Development: In addition to the [buffering and screening
requirements of paragraph b of this subsection, and any unimproved
open space]
this E;YbSeGt , a minimum of 20 percent of the site shall be landscaped.
[This may be accomplished in improved open space tracts, or with
landscaping on individual lots provided the developer includes a
landscape plan and surety for such landscape installation];
(2) Commercial Development: A minimum of 15 percent of the site shall be
landscaped; and
(3) Industrial Development: A minimum of 15 percent of the site shall be
landscaped,-
h.
andscaped;h. Public transit:
(1) Provisions for public transit may be required where the site abuts [or is
within a Xmile ofJ a public transit route. The required facilities shall be
based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities [may include but are not necessarily limited to] s#all
be limited to such facilities as:
(a) A waiting shelter;
(b) A turn-out area for loading and unloading; and
(c) Hard surface paths connecting the development to the waiting area.
i
(a) LeGatiGR of all signs prepesed feF the development site;
Staff Note: redundant and meaningless criteria, especially if other provisions related to
signs are removed from the PD chapter.
j. Parking:
(1) All parking and loading areas shall be generally laid out in accordance
with the requirements set forth in Chapter Chapter 18.765;
Page 13 of 14 November 10, 2004
0
E)# street 0
Staff Note: this is a meaningless standard. The present minimum parking for single
family lots is 1 per unit. A more meaningful requirement would be: for each X number of
units, 1 on street parking space shall be provided. To ensure that any guest parking or
spillover parking has somewhere to go. Such on street parking may occur in "bays"
(wider spots in the otherwise narrow street)]
k. Drainage: All drainage provisions shall be generally laid out in accordance
with the requirements set forth in Chapter 18.775, and the criteria in the
adopted 1981 master drainage plan [or any subsequent adopted
amendments thereto];
I. Floodplain dedication: Where landfill and/or development is allowed within or
adjacent to the 100-year floodplain, the City shall require consideration of the
dedication of sufficient open land area for a greenway adjoining and within
the floodplain. This area shall include portions of a suitable elevation for the
construction of a pedestrian/bicycle pathway with the floodplain in
accordance with the adopted pedestrian bicycle pathway plan.
18.350.110 Shared Open Space
Staff Note: This whole section should be incorporated as subsection "m."under the
approval criteria above.
A. Requirements for shared open space. [The applicant may choose to provide or the
commission may require additional open space dedication and/or provision of
additional amenities, landscaping or tree planting.] Where the open space is
designated on the plan as common open space the following applies:
1. The open space area shall be shown on the final plan and recorded with the
Director; and
2. The open space shall be conveyed in accordance with one of the following
methods:
a. By dedication to the City as publicly-owned and maintained as open space.
Open space proposed for dedication to the City must be acceptable to it with
regard to the size, shape, location, improvement and budgetary and
maintenance limitations;
b. By leasing or conveying title (including beneficial ownership) to a corporation,
home association or other legal entity, with the City retaining the development
rights to the property. The terms of such lease or other instrument of
conveyance must include provisions suitable to the City Attorney for
guaranteeing the following:
(1) The continued use of such land for the intended purposes;
(2) Continuity of property maintenance;
(3) When appropriate, the availability of funds required for such maintenance;
(4) Adequate insurance protection; and
(5) Recovery for loss sustained by casualty and condemnation or otherwise.
c. By any method which achieves the objectives set forth in Subsection 2 above
of this section.
Page 14 of 14 November 10, 2004
A. Dedication requirements.
1. Where a proposed park, playground or other public use shown in a development plan
adopted by the City is located in whole or in part in a subdivision, the Commission may
require the
dedication or reservation of such area within the subdivision, provided that the
reservation or
dedication is roughly proportional to the impact of the subdivision on the park system.
2. Where considered desirable by the Commission in accordance with adopted
comprehensive plan policies, and where a development plan of the City does not
indicate proposed public use areas, the Commission may require the dedication or
reservation of areas within the subdivision or sites of a character, extent and location
suitable for the development of parks or other public use, provided that the reservation
or dedication is roughly proportional to the impact of the subdivision on the park system.
B. Acquisition by public agency. If the developer is required to reserve land area for a
park, playground, or other public use, such land shall be acquired by the appropriate
public agency within 18 months following plat approval, at a price agreed upon prior to
approval of the plat, or such reservation shall be released to the subdivider. (Ord. 99-22)
Page 15 of 14 November 10, 2004
The purposes of the planned development overlay zone are:
1 . To provide an alternate means for property development which result in
development more closely approaching the goals of Tigard's Comprehensive
Plan through the application of flexible standards which consider a broader range
of impacts to the city, and
2. To provide alternate benefits (such as increased open space, commitment to
alternative building design, promotion of walkable communities, preservation of
significant natural resources, greater aesthetic appeal, etc.) to the city in lieu of
strict adherence to all other rules of the Tigard Community Development Code,
and
3. To encourage unique and differentiated neighborhoods (housing styles, use of
open space, transportation facilities, etc.) in Tigard, which will retain their
character and city benefits, while respecting the characteristics of existing
neighborhoods through appropriate buffering, and
4. To preserve to the greatest extent possible the existing landscape features
and amenities (trees, water resources, views, etc.) though the use of a planning
procedure (site design and analysis, presentation of alternatives, conceptual
review, then detailed review) that can relate the type and design of a
development to a particular site, and
5. To allow an amount of development on a site which will provide some
economic return to the owner and developer consistent with the degree of
negative impact or perceived benefit to neighbors and the general public
resources of Tigard, and
6. To provide a means to better relate the built environment to the natural
environment through green building, low impact construction techniques, and an
emphasis on sustainability.
2e4 y,4t,
mmittee NameCo #eg,
-21 -il
7&ur-,vhw I'3, 2oa y
VOLUNTEER SIGN-IN SHEET
Date Volunteer Name HOURS Comments
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