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06/03/2006 - Packet Completeness Review for Boards, ' M Commissions and Committee Records CITY OF TIGARD Planned Unit Development Committee Name of Board, Commission or Committee LAST MEETING ON RECORD FOR THE PLANNED UNIT DEVELOPMENT COMMITTEE. THE COMMITTEE WAS DISBANDED BY COUNCIL RESOLUTION NO.07-008 ON FEBRUARY 13,2007. JUNE 6,2006 Date of Meeting C.L. Wiley Print Name U, W Signature 1/30/2013 W4 Minutes for Meeting Date of Meeting:June 6,2006 Name of Committee: Planned Development Review Notes taken by: Sean Farrelly Called to order by: Dave Walsh Time Started: 7:10 Time Ended: 8:10 Members Present: Gretchen Buehner,John Frewing,Alice Ellis Gaut,Dave Walsh Members Absent: Sue Beilke, Ron Ellis Gaut, Bill McMonagle,Charles Schwarz Others Present: Staff Present: Dick Bewersdorff,Sean Farrelly Agenda Item#1: Important Discussion and/or Comments: The committee agreed to meet one last time prior to making their report to the Planning Commission. Alice expressed concern about the presence of density bonuses in the code; she thought they had been removed. Staff circulated an analysis of three scenarios where a 1%density bonus would be permitted for each 5% of open space set aside. The analysis showed that the bonus does not make up for the density lost to the open space dedication. John was concerned that the Toolbox is mentioned only once in the proposed code. Dick agreed that a new part could be added to the Concept Plan Submission Requirements, so that applicants will address how they utilized the Toolbox. At Dave Walsh's suggestion, the committee went through the May 2 minutes to check that all Action Items had been addressed in the updated code revisions.The questions for Gary Firestone had been resolved. A member asked if staff had gathered examples of good neighborhood meeting materials.A request was sent to planners,but examples had not been gathered yet. Gretchen said that she had examples of materials from a good neighborhood meeting that she would share. It was asked if applicants could be required to hold a new neighborhood meeting if the submitted plans were different. Dick suggested a line about re-noticing and a new meeting being required if there were significant changes in the original submission. The best place to put this would be in the neighborhood meeting instructions distributed at the pre-ap. John suggested that in the"landscaping" definition specify a plan created by a licensed landscape architect. Dick stated that this could not be added to the definition section as this applied to the entire code.A better place to add this is in section 18.350.070.A..41(1), that the landscape plan be"prepared or approved by a licensed landscape architect." It was then discussed what the next steps would be.They will report to the planning commission, followed by starting the code amendment process. Action Items (Follow-Up or Votes) • Follow-up with Gretchen about neighborhood meeting materials. • The PD Committee will make a report to the PC and get their final input before starting the Code amendment process. Agenda Item # Meeting Date July 18,2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Initiate Planned Development Revisions/Planning Commission Prepared By: Sean Farrelly Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS At the City Council's request,the Planned Development Code Review Committee has further refined its recommendations to amend the Planned Development section of the Development Code. STAFF RECOMMENDATION If the City Council determines that the proposed Planned Development revisions are appropriate,Staff should be directed to prepare a draft ordinance for public hearings. KEY FACTS AND INFORMATION SUMMARY The Planned Development Code Review Committee presented its recommendations to the City Council on April 18, 2006. At the Council's direction, the Committee met two additional times and appeared before the Planning Commission. The original recommendations have been streamlined. Two notable changes from the previous draft are applying the overlay zone concurrently with the approval of the Detailed Development Plan, and removing the site analysis requirement.The attached memorandum(Attachment 1) outlines the proposed changes. OTHER ALTERNATIVES CONSIDERED Not applicable COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management, Goal No.l —Growth will be managed to protect the character and livability of established areas,protect the natural environment and provide open space throughout the community. Two of the strategies to implement this goal are: 1) Review and modify development code sections to integrate open space preservation and protection into design standards. Planned Actions include: revising code sections to ensure that residential development incorporates open space; and developing and implementing design standards that preserve and protect open space,greenways,and natural areas. I:\LRPLN\Council Materials\2006\7 18 06 AIS - PD.doc 2) Develop and implement design standards that preserve and protect open space,greenways, and natural areas. Planned Actions include: amending code to promote design that includes natural features and promotes connectivity to open space,greenways,and natural area access;and implementing a public process for adequate development/design review. ATTACHMENT LIST 1. Memo to Council dated July 3, 2006 - Planned Development Code Review Committee Recommendations 2. Copy of proposed changes to Planned Development chapter with strike-outs and additions 3. Clean copy of proposed changes to Planned Development chapter. 4. June 19, 2006 draft Planning Commission minutes FISCAL NOTES Not applicable I:\LRPLN\Council Materials\2006\7 18 06 AIS - PD.doc ATTACHMENT 1 MEMORANDUM TO: City Council FROM: Sean Farrelly,Associate Planner RE: Planned Development Code Review Committee Recommendations DATE: July 3, 2006 The Planned Development Code Review Committee was appointed by the City Council in January, 2004,to review and recommend changes to the Planned Development chapter of the Development Code (18.350). The concept of Planned Developments is to grant flexibility to the underlying development code standards,in order to achieve a desired public purpose. Concerns arose in the community about the density,appearance,and lack of open space in some of the developments approved under the provisions of the Planned Development chapter. The Committee had its first meeting in April 2004,and worked for several months on the proposed changes.There was a several month delay due to staff shortages and turnover.The Committee came before the Planning Commission on April 17,2006,and the City Council on April 18,2006,with its recommendations.The Council and the Commission made several suggestions to refine the proposed changes in the code.The PD Committee agreed to a timeline of 60-90 days to make its final recommendation. The Committee met on two occasions -May 2"d,and June 6`s. Feedback from the Council,City Attorney,the Planning Commission,Staff,and Committee members,was incorporated into the revised proposed code amendments.The Committee appeared before the Planning Commission on June 19,2006,and presented the revised proposals. The revised code chapters can be seen in Attachment 1 (Clean Copy) and Attachment 2 (Draft Annotated Copy.)The Committee's final recommendation to the Planning Commission is to substantially reorganize and rewrite the Planned Development chapter. These are the highlights of the proposed changes: 1. New Purpose Statement The purpose statement was completely rewritten to emphasize the link between applying flexible standards and balancing impacts with amenities such as preserving open space and natural resources, the use of alternative and sustainable building designs, and other public purposes. 2. Revised Approval Process The revisions make a clearer distinction between the three sections of the approval process: • Concept Plan • Detailed Development Plan • Overlay Zone The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. Concurrent applications can be made for the Concept Plan and the Detailed Development Plan,but the Planning Commission must take separate actions on each part. A. Concept Plan: New Concept Plans would require addressing these new approval criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/ transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development (i.e. protects natural features and provides additional amenities for the development/neighborhood.) B. Detailed Development Plan: The approval of a Detailed Plan was made a distinct step in the process. The Detailed Development Plan would require addressing the following approval criteria: • Conformance to the Concept Plan. • Compliance with various Development Code chapters. Up to a 10% density bonus is allowed. A 1% density bonus for each 5% of the gross site area set aside in open space, and up to 5% for other amenities, including items from the Planning Commissioners Toolbox. • Additional criteria, including a mandatory shared open space requirement (20% of the gross site area.) C. Overlay Zone: The Overlay Zone is now applied concurrently with the approval of the Detailed Development Plan.The overlay zone approval does not expire. 3. Changes in Definitions Chapter (18.120) Three new definitions (to apply to the entire code) would be added: 0 Density bonus • Landscaping • Open Space Facilities: (Makes a distinction between three types of open space facilities -minimal use,passive use recreation, and active use recreation.) 4. The Planning Commissioners "Toolbox" The Committee developed a Planning Commissioners' "Toolbox": a packet with requirements of the process as well as illustrations and case studies of preferred developments around the country.The Toolbox,which will be distributed at the pre-app,is intended to be used as a guide for developers,and as a reference for the Planning Commission, during Planned Development hearings. 5. Pre-Application Conference Materials In addition to the Planning Commissioners Toolbox, Staff will distribute examples of high quality materials (clear site plans and explanations) that have been used by developers at neighborhood meetings. The pre-app checklist will include a statement that if there are significant changes in the plans submitted at the neighborhood meeting, they will have to re- notice. ATTACHMENT 2 Proposed Planned Development Code Revisions,June 2006 Explanation of Formatting These text amendments employ the following formatting: SOikeugh— For text to be deleted [Bold and Italic]— For text to be added oxe — For staff notes and comments related to specific amendments. These are not part of the proposed codified text. Chapter 18.120 DEFINITIONS [SS. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"—Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds,fountains, decorative lighting, benches, bridges, rock or stone arrangements,pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned. a. Minimal Use Facilities.Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained No other improvements (apart from underground utilities) are allowed. b. Passive Use Facilities.Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways,pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains,picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development andlor ground disturbance;such as sports fields,playground equipment,group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after#SS according to the above amendments] Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 The Process Page 1 of 21 June 12, 2006 18.350.030 Administrative Provisions 18.350.040 Noneemplianeet Bond 18.350.050 Applienbility in CommeFeial and industrial Zones 18.350.060 Allowed Uses 18.350.070 Appliesbility of the Base Zone Development Standards 18.350.080 Exeeptions to Under-lying Development Stand 18.350.090[18.350.040]Conceptual Development Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 18.350.100 Approval Criteria 18.350.110 Shared Open Spnee 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: standards, i.e., zero lot 1i er-streets, and other-innevative planning pr-aetiees whieh will uper-ior-living arrangement-,Lo ro'ZtCGT1TCCTCG-the G'SITGTVTIuseef land; 3 Te promote an eeenemie affangement of land use, buildings, eir-eulation systems, open space,"and utilities; 4 To preserve to the gr-ea4est extent possible the existing landseape feat'dr-es and afneflifies nfti ,ln site; and 7 their-use,open 7 living efivifemmefits. [I. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City;and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning;and] 14. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and Page 2 of 21 June 12, 2006 analysis,presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; andJ [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City;and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any applicationfor the development.] Staff note: The added text was moved to incorporate 18.350.050 Applicability in Commercial and Industrial Zones. B. Elements of approval process. There are three elements to the planned development approval process, as follows: i The approval of the planned develepment ever-lay zef+.—, 2 The appFeVal ef the planned development eeneep! plan; and [l. The approval of the planned development concept plan;and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] C. Decision-making process. A new planned development over-laye ndger- reeneept plan shall be-pr-eeessedby fneans of a Type MPC govemea�oeetien 18.390 050, , ' g appr-eval—Eimeria eentained in Seetion 18.331 -The detailed development plan shall be feyiewed by eans of •, Type 11 p e fe, as-geyemed-by 18.2°�v.040ioef2stwethat—it is substantial!), in eempliefflee-with the approved eeneep! development plaft. in the ease of VlilJllllb l.Jli.1111V\i development ever-lay zene fOF any other- type of , the apphea shall be r-eviewed under- the pr- luired in the ehapters whieh apply to the paffieular- land use applieatie [l. The 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 18.350.050.1 [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] Page 3 of 21 June 12, 2006 [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] 14.Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] 15. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] 16. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] and fer- appr-eval of the eeneeptual development plan may be heard eeneufr-enfly if an land, the applieant met), apply for- pr-elifninafy plat appreval and the appheations shall be heard eeneuffen4y-. [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is fled.Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.1 A.[B.] Zoning map designation. Whe o ..'.,nned developmentover-lay zone has been appr-eved, [The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission.]The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. Page 4 of 21 June 12, 2006 B. Time lifnit on fifine of detailed develejqfngn� pign Within 1 !Q years after- the deAe A-..-.. the detailed development plan shall be the Dir-eoete-r A- astailed development plan. Atiel; ministerial and taken y theDir-eetef by means e€a-T}pe p sEeire, as govemed by See 18.390.040, appr-eval „wteri tele,,.. 1. The Difeetef shall approve the detailed development plan upon finding that the final plan eenfefms with the eeneeptual development plan appr-eved, or- appr-eved with eendifiens by the Cownnission. The detailed plan shall be approved unless the Dir-eeter finds.! a The ..1 ange; the idtil densities, l v e e a e„ ae se�� , v e the e e a b • The ehange invelves a ehange ie� ,1 Th is land t, 1 1 + L ieh tally � itiye ane- e-Eeica�mn�co acr'ecropiirciir Vi-rarcri-i��cir`iir"visircircuraT.�cn��r�-c-v'r buildings,proposed streets, par-king lot > utility easements, • 2—Adecision by the-Direeter-May-be-appealed-ley-the-appiiether---anEEteEb4xppr-eveQ paFties to the Commission and the Commissien shall deeide whether- the de4ailed development plan substantial!), eeafeffns to the appr-eved eeneeptual development plan based on the er-iteria set fefth in SubSeefi-A-H I of this seetion. This appeal shall be goveEned by PFOIASiORS of Seelion 18.390.040&. 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 for 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: 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. Page 5 of 21 June 12, 2006 E. Substantial modifications to concepftW plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required] Substantial medifieations made to the approved [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G. 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.] 18.350.040 Noneemplionee., Bond A. Neneemplianee. Neneomplianee with an approved detailed development plan shall be—a elation of this ,.hapter, exeetifien of any featui-7e of an appy-eved detailed development plan is impfaefieal due to efimeAira eenditions> > > as a Note: moved to 18.350.030 18.350.050 Applienbilib, in Commereial and industrial Zones pr-ojo..t .,1.,.,. ed deyel,,.....ent plia ee . .:th thLQ r .,tf this hapt � . s oeo. o o . 18350.060 Allowed Uses Note: moved to 18.350.040 Page 6 of 21 June 12, 2006 A. in r-esidential zones.-In all residential zones, an applicant with a planned development app may develop the-site-te sentain a fnixttwe-of uses-subj ece-to-the-density ns of under ease 1 the-density em►s pr-evisieus of 18.350.100 n2 The fellwAing uses are i All uses allowed eutfight in the under-lying zoning distriet; 2 Single family detae-ked-and-attaebed residential ts 3 Duplex residers; +mac 8 indoor-IVLIeati Vn 44.:1;+, , at letie .1„t , fitness,0„+o,, r ,0+1 ,11 . uft, swimming pool; tennis eeuft or-sifnilar- o, lf lf > > > iing pool, tennis eetH4, or- similar use; and B. Ee 'feial zones. n A eemmer-eial Zai es, an plie•,car t witn--aplanned--developme t. appfeval may develop the site to eentain all of the uses pefmit4ed outright in the dedying zone and, in addition, a fnwdmiim of 25,14o of the total gFoss iqeer- area May be us- liamily dwellings in these-eemmereial zones that fie-not lis4 multi family dwellings as on. outright , G. in industfial zones. in all industfial zones, a planned development shall eentain efily those uses- allowed eu4r-ight in the under-lying zening distriet. 18.350.070 Applieability of the Base Zone Development Standards Note: moved to 18.350.060 f lrvnvws i Lot dimensional standards: The fninifnufn lot size, lot depth and let Aidth stmdar-ds shaR ai + apply v .,+ ., relate ie the density e „taboo under-!`1.apte.. 18 71 G• vL L`I'Y17 viL�.�.Yc uo a�.rusc� , 3 Building height.: The building height pr-evisiens sha4l not apply; and same as that required by the baso zone .,loss ethe.,Ase pmyidea by Chapter- 18.360-5 b. The side yaFd selbaek previsions shall fiet apply emeept that all detaehed- stn-les-urves- shall meet t UnifeEM Building Cod . . .4s for-fire walls; and e. Fr-on4 yar-d and Fear-5,afd setbaek r-equkements in the base zone setbaek shall fiet apply te Page 7 of 21 June 12, 2006 C2minifniam &ent yar-drfccvacicvreight feet riTi y...,.... .... ...,.y gar-age opening '••• »•• attaehed single family dwelling f4eing a pr-iya4e street as leng as the required off str- par-king spa B. Other- pr-evisiefis ef sho hARP gnpe. All othe of the base zone shall apply exeep modified by this ehaptef-. 18.350.080 Exeeptions to Under-lying Development Stand A. Expeptions to par-k' i4s. The Commission may gFmt an meeption to the off stfeet par4ing ddi.measie-n-Al and minimum number- of spaee requirements in the applieable zone based on findings 1 do t greater-than 1 0 4 file ��13@-n�aa-tvrc�cccperoai�-nvrgicuccrmcm--rvr-perccirr-or-ci:ci-cqarr .. Y.+„k.,,b, ..,,.. 2 The ., pl:e., ion is for- a designed for-a speeifie pur-pose ,.L.:eh i intended t t.e •> a nursing home, > evffl ;11:.,,,to itll tor e e o enter- aegaa eemen � 4 Publie transpo-4—ati-A-H is-Available to the site,r-edueing the standards and will not a&er-se4y m,n'ch-raic-rt in the«sblie interest co-grant-an-ciccptro ito par-king standards. dimensional r-equir-emen4s in the applieable zene based on findings th s4an ; 2 Th emeept:., adequate ide..t:4;eao ofif'tl, and necessary e e e pr-opa ..� 3 The sign will be eempa4ible with the ovefall site plan, the stfuetur-al impr-ovements and landse . A . ients of this title upon a finding tha4 the evemll landseape plan provides 0 1 8.2z�G. 50.090[18.350.0401 Concepttmi Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I119 [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] 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: [4.1 A description of the character of the proposed development and the rationale behind Page 8 of 21 June 12, 2006 the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed] [c.An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010.1 [d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox.[ 2. A[general[development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.[In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.[ B. Additional information. In addition to the general information described in Subsection A above, the conceptual develepmen* plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site]; 3. A grading concept; 4. A landscape concept[indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept;[ -5. [6.1 A sign concept; and [7.A streets and utility concept; and] 18. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.[ 6 n eopy 1,fall��:ng OF sod r-estfiefiensor-eovenants. Page 9 of 21 June 12, 2006 [C.Allowable Uses] 1. 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 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. 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[such as personal services,preschool or daycare, and retail uses less than 5,000 square feet in sum total]; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. 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. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. 118.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met. 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection,preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. Page 10 of 21 June 12, 2006 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.1 [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal,ground breaking,grading,public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly Page 11 of 21 June 12, 2006 important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections:Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from itl [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes an buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. 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; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) 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 specified on the detailed plan and proper clearances for backing movements are accounted for. (3) 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 specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall sped the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. Page 12 of 21 June 12, 2006 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.] 48.350.100[18.350.070 Detailed Development Plan]Approval Criteria [A. Detailed Development Plan Approval Criteria.A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: 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. se,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 lots, landscaping or other site improvements.] A. Relation-46.J.- fe site development review. Th V — — of Chapter- 18.360, Site Development Review, are not applieable to Plamed Development Reviews. The detailed develepmeflt-� r-eview is intended to addfess the same type of issues as the Site Development R i B. Speeifie planned development apor-eval er-iteria. The C . . hall make findings that the folio-Aring-er-it@Fia are satisfied-when-appr-e i 6iingiNith:£^ea icivirrthe eeneep•Tphan, The Commission shall make findings that e not satisfied when denying m application.. 112.1 All the provisions of the land division provisions, Chapters 18.41-0, 18.420[Partitions] and 18.430[Subdivisions], shall be met[if applicable]; 2. [3.] 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] see-tion. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subseetion 3 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. 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] Page 13 of 21 June 12, 2006 Theeyelop�eto provide the inn ieowAne�x_ mn o e additional v "�"Y vz[yeenn o �uvv de.l: atie nWe provision of.,ddi4ie nl amenities, lend tr-ee planting. [a. Chapter 18.360, 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.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles,pedestrians, and transit).] —a-[c.]Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] 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 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: (1) [A I% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,1 A maximum of 20'- is allowed for the provision of[active use recreational open space] undeveloped eenmnea spaee, exclusive of areas contained in floodplain,[steep]slopes greater-than 25 1%, drainageways, or wetlands that would otherwise be precluded from development; (2)[Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox""J (2) A maximum of 0 open n' plazas and pedest,.. pathways and relateded amenities; Y a ono; H are , are K development; and/er r-etev,4io of existing v eta4ion; 1 (3) A maximum of 20% : allowed f r n«ent:on of visual feeal points; , of existing physieM amenities Sueh as r topography, view, , (il) A maximum of 20(; gttta4ity of ar-ehiicet+ffal qualky and tyle; l,n..m,,,.,ious use 6 fna*r-als. innovative building orientation of building grouping; and/or-v ed__,,se ef housing types. Page 14 of 21 June 12, 2006 [dI Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified.] [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more 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 opportunityfor 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, and reducing the standards 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.] [f:J Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (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.] [g.]Chapter 18.795, Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met,] [h.] Chapter 18.810, Street and Utility Improvements,Sections 18.810.040,Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Page 15 of 21 June 12, 2006 Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that. (1) Public safety will not be compromised, and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design;and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] b. Chapter- 18.730, Exeeptions to Develepment Standards; 6. Gapter 18.795, Visual Glea-anee n fees; ,t Chapter- 18.745, r ands,.,,. ing and gra) .,;.,rt• e. Chapter 18.765, Off stfeet Par-king and heading Requir-efnents-,L > Aeeess, Egress and CiFetilatien; Signs.g. ChapteF 18.780, 3:-[4.1 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. [The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, topography and natural drainage would either not be feasible or would result in a greater loss of those resources;] (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) Ther-e shall be adequate distanee between on site buildings and other-on site and eff site buildings on aE�eining prepei4ies to pr-evide for-adequate light and air-eir-caulatien and fbF fife PFOteetieii-, (4) 1(3) Using the basic site analysis information from the concept plan submittal,]the structures shall be oriented with consideration for the sun and wind directions, where possible; and (5) Trees-pFeservedto the extent possible Rept,eement oftrees: ubje.t to the requirements nts o f Chapter- 18.790, Tee Refnyal 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 requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering Page 16 of 21 June 12, 2006 and screening with alternate materials or methods.]The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust,or to provide a visual barrier; (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. Exterior elevations—residential use:Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet, (2) Extensions, e.g, decks,patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.] d.[e.J Private outdoor area[residential/ mull' family use: (1) ,[Exclusive of any other required open space facility,J each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, [or]porch) of not less than 48 square feet[with a minimum width dimension of four 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.UJ Shared outdoor recreation areas—[residential]multi famil!'x use: (1) in addition to subp.,,..,,...aphs (2) and (3) of this se,..:,,,, [Exclusive of any other required open space facilities,]each multiple dwelling [residential] 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; and (b)Three or more bedroom units, 300 square feet per unit. Page 17 of 21 June 12, 2006 (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 etAdeer- spaee; or- -Y-ft indoor-spaee; for-example, an outdoor-tennis (e) it may be all publ-iEereeffffnen spa r (d) it may be paA eeffh 394i spaee-and-paFt private—; forexample, it ,. „ld be ., utdoe tennis . ...•► indoor r natio room, and b l,.enies„ aeb unit; e [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center;or (d) A combination of the above.] [g. Demarcation of public,semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility, and (2) These areas may be defined by, but not limited to: (a) A deck,patio, low wall, hedge, or draping vine; (b) A trellis or arbor, (c) A change in elevation or grade; (d) A change in the texture of the path material, (e) Sign; or (n Landscaping.] [h.]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[or terminate at the boundaries of the project site.] g.[L]Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] r-equifements of subpar-a.r,phs (4) and (5) of seetien „ e f this subseetio , 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 Page 18 of 21 June 12, 2006 landscape plan,prepared or approved by a licensed landscape architect, and suretyfor such landscape installation;] (2) Commerc-iel-Devele of 15 per6ent of the site hll b landseaped; and (3) indust"i Develops of the site shall be 1 .7 a l-. #.]Public transit: (1) Provisions for public transit may be required where the site abuts[or is within a Yf mile of]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]shall be limit a 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. 1(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] (a) in uuuiuvu to , , (a) beeatiefi of all-signs-proposed for-the-development site; (b) The signs shall not obsetwe vehiele driver's sight distanr.&; t [k.]Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. k-. [[.]Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter[18.810.] 18.775, and the e-•iteri in the adopted 1981 drayage p! ;[An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets,porous concrete, or eco roofs.] l-[m.]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. Page 19 of 21 June 12, 2006 [n.] 18w.350.110 Shared Open Space[Facilities] [Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation,pathway and other structural improvements)for active recreational use. (4) The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [o. Open Space Conveyance. Where a proposed park,playground or other public use shown in a 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. 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. The open space shall be conveyed in accordance with one of the following methods.] A. Requirements for- shared open �pgg2 Alhefe the epen spaee is designeAed on- the plan i The open space afea shall be shov.% on the final plan and r-eeer-ded with the Pir-eetor-; and- 2. The open spaee shall be eonveyed in aeeor-danee with one of the fellevifig methods.: a-[(I) Public Ownership.]By dedieation to the City as publiely evffied and fnaiRtaine 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 [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge Page 20 of 21 June 12, 2006 credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below,] [(2) Private Ownership.] By leasingr conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] with the City r-etaining the development rights to the pr-epet4y. The tefms of sue leaseor- other-ins*,.,,,, ent of eenveyanee ,,, ,s* inel de pr-evisions suitable to the C4yy At4afney for-guaranteeing the fell i _ (4) (a) The continued use of such land for the intended purposes; (2-) (b)Continuity of property maintenance; M (c) When appropriate,the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. e. By any method which aebieves the objeetives set fei4h in Subseefien 2 above of this seeti Page 21 of 21 June 12, 2006 • ATTACHMENT 3 Proposed Planned Development Code Revisions, June 2006 Chapter 18.120 DEFINITIONS 55. "Density bonus"—Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping,or tree canopy as defined further in this code. 87. "Landscaping"—Areas primarily devoted to plantings,trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting,benches,bridges,rock or stone arrangements, pathways, sculptures,trellises and screens. 104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements(apart from underground utilities)are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms,and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and Page 1 of 15 June 6, 2006 2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and 4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.)through 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 consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner,developer, neighbors,and the City; and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-making process. 1. The concept plan shall be processed by means of a Type I11-PC procedure,as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050,to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the Page 2 of 15 June 6, 2006 purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land,the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing. 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure,as governed by Section 18.390.050, using approval criteria in 18.350.070. B. Zoning map designation. The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. 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 concept development plan as approved by the Planning 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 may 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 concept development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and Page 3 of 15 June 6, 2006 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 the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. 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. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type 11I-PC procedure, as governed by Section 18.390.050 and the additional information required by 18.350.040.13. 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. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b. An explanation of the architectural style,and what innovative site planning principles are utilized including any innovations in building techniques that will be employed. c.An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d.An explanation of how the proposal utilized the Planning Commissioner's Toolbox. 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residential subdivision is proposed,the statement shall include the applicant's intentions whether the applicant will build the homes,or sell the lots to other builders. B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Page 4 of 15 June 6, 2006 I. Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept; and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses 1. 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 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility,golf course, golf driving range, swimming pool,tennis court,or similar use; and j. Recreational vehicle storage area. Page 5 of 15 June 6, 2006 2. 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. 3. In industrial zones. In all industrial zones,a planned development shall contain only those uses allowed outright in the underlying zoning district. 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the Commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type I11-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.13 and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data,and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade,along drainage channels or swales,and at selected points,as needed 2. A specific development schedule indicating the approximate dates of construction activity, including Page 6 of 15 June 6, 2006 demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4.Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center,the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high- rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies.Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c.Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it. C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions ,with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. 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; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 June 6, 2006 (2) 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 specified on the detailed plan and proper clearances for backing movements are accounted for. (3) 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 specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks,the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: 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 lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. 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. 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 and clearly identify where their proposal is seeking a modification to the strict application of the standards. 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. Page 8 of 15 June 6, 2006 a. Chapter 18.360, 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. b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians,and transit). C. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission. 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 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: (1)A 1%bonus for each 5%of the gross site area set aside in open space, up to a maximum of 5%, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes, drainageways,or wetlands that would otherwise be precluded from development; (2)Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas,plazas, or other items from the"Planning Commission's Toolbox." d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified. e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more 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 Page 9 of 15 June 6, 2006 (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, and reducing the standards 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. f. Chapter 18.780, Signs.The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (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. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements,when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Dots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. 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. The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, Page 10 of 15 June 6, 2006 topography and natural drainage would either not be feasible or would result in a greater loss of those resources; (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) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible; and 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 requirements of the buffer 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. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745.: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust,or to provide a visual barrier; (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; Page 11 of 15 June 6, 2006 d. Exterior elevations— residential use: Along the vertical face of single-family attached and multiple- family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses,e.g.,decks, patios, entrances,floor area,of a minimum depth of eight feet; (2) Extensions,e.g., decks, patios, entrances,floor area, of a minimum depth of eight feet,a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area—residential use: (1)Exclusive of any other required open space facility,each ground-level residential dwelling unit shall have an outdoor private area(patio,terrace, or porch)of not less than 48 square feet with a minimum width dimension of four 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. f. Shared outdoor recreation and open space facility areas—residential use: (1) Exclusive of any other required open space facilities, each residential 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) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above. g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and Page 12 of 15 June 6, 2006 (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge,or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (f) Landscaping. h. Access and circulation: (1) The number of required 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 or terminate at the boundaries of the project site. i. Landscaping and open space: (1) Residential Development: In addition to the buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities, 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, prepared or approved by a licensed landscape architect, and surety for such landscape installation; j. Public transit: (1)Provisions for public transit may be required where the site abuts or is within a'/< mile of 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 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. Page 13 of 15 June 6, 2006 (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. k. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; (2) Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. m. 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. n. Shared Open Space Facilities: Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes,wetlands,streams,or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements)for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements)for active recreational use. (4)The open space area shall be shown on the final plan and recorded on the final plat or covenants. o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a 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. 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 Page 14 of 15 June 6, 2006 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. The open space shall be conveyed in accordance with one of the following methods: (1) Public Ownership. 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. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity, and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate,the availability of funds required for such maintenance; (d) Adequate insurance protection;and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 15 of 15 June 6, 2006 DRAFT ATTACHMENT QTY OF TIGARD PLANNING COMMISSION Meeting Minutes June 19,2006 1. CALL TO ORDER President Inman called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center,Red Rock Creek Conference Room, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Brown,Buehner, Caffall,Duling, Harbison,Meads,Munro, and Walsh. Also present was Jeremy Ven-nilyea, Commission alternate. Commissioners Absent: Staff Present: Dick Bewersdorff,Planning Manager,Beth St.Amand,Senior Planner,Darren Wyss,Associate Planner,Sean Farrelly,Associate Planner,Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Buehner reported on the City Center Advisory Commission. They are working on the strategy for the short term planning for the Downtown plan. They will make a presentation to Council tomorrow night and hear their fate shortly. There has been no meeting of the Transportation Financial Strategies Task Force since the last Planning Commission meeting. Commissioner Meads reported that the Park and Recreation Advisory Board have been discussing land acquisition- things are proceeding. The consultant hired to help gather information on a recreation program finished her presentation. The Board is going take suggestions on how to proceed to Council. The Board is also working on their mission statement. They are trying to work out how they can be both an advisory and an advocate board. Commissioner Duling advised that the Committee for Citizen Involvement received an update from Liz Newton on the Neighborhood Program. Newton received comments from areas 4 and 8 (the Metzger and Tigard High School areas). She is working on the National PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page I Neighborhood Day,Sunday,September 7h. The CO also were updated on the public involvement program for the Hwy. 99W improvement plan. ODOT is providing the bulk of the funding for the study. OTAK and DKS have been hired as consultant teams. July is the tentative start date for the study,which should take approximately 3 months. There will be 5 citizen involvement meetings and 3 open houses. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the June 5,2006 meeting minutes as submitted. The motion passed by a vote of 7-0. Commissioners Harbison and Walsh abstained. 5. COMPREHENSIVE PLAN UPDATE: Senior Planner Beth St. Amand advised that the Community Attitude Survey has served a dual purpose - to get a report card on City services and to address the Comprehensive Plan update and look at community attitudes toward planning and livability issues. The report will be issued tomorrow night at the Council worksession. The Planning Commission will discuss it next month. St. Amand and Associate Planner Darren Wyss provided additional information to the Commission on buildable lands, capacity, and residential density(Exhibit A). The memo details how Wyss calculated the overall residential density of the City. Currently, the City has approximately 6 dwelling units per acre. Over the last few years, the City has maintained approximately 6.8 units per acre. Regarding Metro's Functional Plan requirement of 6308 additional dwelling units for Tigard, the Planning Commission had asked that if the 2005 buildable lands were fully developed, would we meet that requirement. Wyss estimates that, by the end of 2005, Tigard had added 3281 dwelling units - approximately 52% of the goal. Based on projections from Long Range Planning, the Gty will be very close or may even exceed the Metro Functional Plan requirement. St. Amand advised that the original planning era was to the year 2017 in the Metro Functional Plan. The plan does not specify when we need to meet these numbers; however, it is assumed that it would be during this era. The numbers are based on the dwelling units inside the City limits beginning in 1996. Staff advised that a methodology has been developed to continue tracking buildable lands and development both on and outside of the buildable lands inventory. 1. Public Involvement Program/Update St. Amand reported that she came to the Commission in March with a general overview of the public involvement program for the Comprehensive Plan update. The Commission made comments which St. Amand has incorporated into the modified public involvement PLANNING COMMISSION MEETING MINUTES—June I9,2006—Page 2 program (included in the Commission's packet). She noted that the City received a citizen comment, also included in the packet. Commissioner Meads asked if the items noted in Mr. Frewing's e-mail would be resolved. St. Amand advised that the CIT structure is not currently in existence, however,there are former CIT members on the Committee for Citizen Involvement, which has been expanded to include additional board and committee members. The NPOs no longer exist; however, there is a Neighborhood Enhanced Program which will be in effect later this fall. Commissioner Meads asked if Council shouldn't formally appoint the Planning Commission as the steering committee for the Comprehensive Plan update. After some discussion, the Commission directed staff to draft a formal resolution for Council that would address the role of the Planning Commission in the Comprehensive Plan update. St. Amand advised that information collected during the update process would filter through the Planning Commission. This will occur primarily next year. At this point, we are setting the fact base - dealing with current conditions. Commissioner Buehner noted that in earlier discussions about the public involvement portion, the Planning Commission talked about the importance of holding stakeholder meetings with various industry and business groups. This would allow us an opportunity to get input and incorporate those ideas before the hearing stage. She would like to see this happen. St. Amand said that, right now, staff is putting together the factual base. We need to know what's going on right now or we will have a difficult time having discussions with people next year. St. Amand said the website would be a main venue for providing information to the public, but copies of the Planning Commission binder will be available at the Permit Center and the Library. Commissioner Buehner noted that 30% of the City's population is not computer literate. She does not believe the website is a viable resource for providing information and that a specific outreach with homeowner's associations needs to be done. St. Amand advised that the active outreach program will begin next year. This year is the inventory period. Staff will focus more on more individual topics next year, with open houses and interactive surveys. St. Amand noted that the Committee for Citizen Involvement recommended staff make sure the public feels they are part of process throughout and make it relevant to their lives. The CCI is also talking about doing more outreach to minority groups. The City now has a voluntary Spanish translator. She also advised that staff may try to get the update into the school curriculum, or maybe work individually with a class, or have an essay contest. PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 3 St. Amand will send the revised document to the Commission in their next packet. The Commission asked if the changes could be identified some way other than by using "track changes". 2. Environmental Quality/Overview Associate Planner Darren Wyss gave a PowerPoint presentation on Environmental Quality (Exhibit B). He advised that the Environmental Quality report will cover 4 sections (land, air, water, and energy). He will be discussing the land quality section tonight. Commissioner Walsh noted that human impact could be both negative and positive. It implies negative, but there is a huge part of industry that supports benefiting resources to improve it. Comrnissioner Munro suggested that conservation should include natural resources, not just energy. Wyss advised that land resources quality would be focusing on collection and disposal of development-related (e.g.,population,commercial,industrial) waste that impacts the health and welfare of the community. The City is part of the Metro Regional Solid Waste Management Plan (RSWMP). We're also part of the Washington County Cooperative. Land resource quality has been divided into 4 topics: solid waste,recycling, hazardous waste, and wastewater sludge. Wyss noted that for solid waste, recycling, and hazardous waste, there are no storage or permanent collection facilities in Tigard. For recycling,the RSWMP has set a 64% target rate for waste reduction for 2009. At this point in time,they have been meeting their waste reduction rate. Education is a key component to get people to recycle more. Commissioner Munro asked if construction debris can be trucked. Construction recycling is one of the big programs that Metro offers. Commissioner Munro believes this may be something the City might want to look at. Jeremy Vermilyea said the City could also require recycling in their contracts for City projects. Commissioner Walsh noted that there is a market for this very valuable material. Wyss advised that staff is setting the base now for how things are currently managed. Policies will be discussed later. St. Amand said that people should be thinking about where they want to go with this — in some of our values and issues surveys,we've heard about natural resource protection, but we haven't discussed sustainability. What kind of data do we need now to help us make choices later. Commissioner Walsh noted that education only works to a certain extent. We need a structure with policies that really push recycling (e.g.,incentives, both positive and negative). PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 4 Wyss reported that hazardous waste is regulated by DEQ. The biggest problem is household hazardous waste because it's not easily regulated. Commissioner Buehner believes there is a real problem in the community because there is no effective, efficient way to handle hazardous waste. Because recycling programs are in such disarray,we're losing a lot of people who might otherwise want to recycle. Commissioner Walsh said that education is a big help with regard to hazardous waste. Metro will take it, but it's difficult. Tigard has not done anything locally to address this;we've allowed the regional level to handle this, but they're not doing good job. Wyss advised that both Metro and DEQ have programs to help try to reduce hazardous waste and they both have collection events. Commissioner Walsh noted that this is an opportunity to partner with businesses,especially larger businesses that create hazardous waste. For wastewater sludge,Wyss reported that Clean Water Services (CWS) recycles the sludge from their facility and then transports it outside of the City. The methane gas is burned. Commissioner Buehner noted that the County has been coordinating efforts for waste management. She believes the population of the County has gotten too big for them to be able to handle it effectively. Perhaps we should explore the possibility of Tigard and Beaverton working together. President Inman said that a future consideration could be adding incentive programs. Commissioner Walsh suggested partnering with the County or Metro. St. Amand noted that there is a carrying capacity to each of the systems. We will be looking at how we're going to grow and develop. Well have to consider how these systems can support the people. Since contracts with the garbage haulers are negotiated,Commissioner Walsh suggested that the Qty can affect policy through those contracts by making different demands. Buehner believes that Metro's presentations on their programs are too long and involved. Maybe the City can help them to condense things and pick priorities. Commissioner Harbison asked if it's possible to move an item to different section in the Comp Plan if we think it would fit better elsewhere. St. Amand answered that the Comp Plan can be modified. We need to make the Plan useable for everyone. Commissioner Meads asked if it's possible to change the Municipal Code to address how long garbage cans and recycling bins can be left out on the street. Discussion moved on to the fact that the code addresses hours for construction noise, but garbage trucks don't have to follow the same rules. PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 5 6. WORKSESSION WITH PLANNED DEVELOPMENT REVIEW COMMITTEE John Frewing from the Planned Development Review Committee joined the Planning Commission in this discussion. Commissioner Buehner noted that the Planned Development Review Committee met last week and only made minor changes to the proposed code revisions. Commissioner Walsh advised that issues from the last Planning Commission workshop have been discussed and addressed, as well as questions and issues from outside the group and from the attorney. President Inman noticed that the concept plan and the detail plan are still separate. John Frewing advised that they can be submitted at same time but they are two different items. Dick Bewersdorff noted that if both plans are done all at once,there will only be 1 staff report. It will take longer and the fees may be higher. Commissioner Walsh said that the heart of the matter is to keep the plan from changing too much from what goes to the neighborhood meeting and what is eventually submitted to the City. This process would provide more control and would allow the Planning Commission an opportunity to suggest changes. Commissioner Meads asked how detailed the concept plan has to be - do the homes have to be shown on the lots. The Commissioners advised that development means the putting in the roads and utilities,and creating the lots. There is no time limit for building the homes. With regard to the detailed development plan approval criteria, Commissioner Munro said the whole idea of a PD is to allow more creativityfrom developers. She is concerned that, if the Commission wants a developer to be more creative,would this require them to go back and do a whole new concept plana Dick Bewersdorff answered that some things are flexible in the PD process and there are things that limit, such as street standards. He doesn't think that this has changed much. President Inman asked if the detailed development plan would require its own neighborhood meeting. If it's done separately,yes. If done concurrently, no. Commissioner Buehner believes that most of the time,the concept plan should come at the pre-app meeting. She is worried about the 120 day rule - could we be opening ourselves up for issues? Bewersdorff noted that the City can ask for an extension,or the Commission can deny an application if they have findings. President Inman thinks the language for a concept plan is very vague. Are we going to have a public hearing over a hand-drawn sketch, or are they going to be detailed plans and we've just added another step. John Frewing said it's up to the Planning Commission to ask for more details. President Inman noted that the Planning Commission already has and has exercised PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 6 this ability to hold developers accountable, and it doesn't require separating the process. Just because a developer may have spent a lot of money on a concept plan,doesn't mean the Planning Commission has to like it. They can send it back Bewersdorff advised that the staff review which goes to the Planning Commission is an analysis of whether the application meets the code provisions or not. President Inman asked about the sign concept. Bewersdorff said it relates to number of signs and where they'll be placed (e.g., monument signs). If the Commission doesn't like it,they can have the developer change it. Commissioner Munro asked about the public transit improvement fund. The idea is that when developments don't have public transit facilities on site,the developer can contribute to a fund for public transit improvements elsewhere. The money would be used for CIP transit projects inside the City. President Inman asked about requiring the applicant to state his intentions with regard to building the homes or selling the lots to other builders. John Frewing said it is just their intent. They can change their mind the next day. Staff advised that the next step for the proposed code revisions would be to go through the Planning Commission public hearing process,then to the City Council. It was noted that the tool box won't be in the code officially. 7. OTHER BUSINESS President Inman reminded the Commissioners about the attendance policy. Commissioners can miss 3 meetings in a row or 6 in year. Good attendance is important - we have a lot of things coming up and we don't want to spend time re-educating Commissioners. If something does come up that would require absences in excess of the limit,she asked that people notify the Commission. The Planning Commission can decide as a group whether or not the absences would be acceptable. President Inman said she hopes to only miss 2 or 3 meetings when her baby is born. Commissioner Caffall advised he will be gone from July 17th to September Pt. The secretary reviewed the calendar with the Commissioners and handed out application binders for their next meeting on July 17th. 8. ADJOURNMENT The meeting adjourned at 8:50 p.m. PLANNING COMMISSION MEETING MINUTES—lune 19,2006—Page 7 Jerree Lewis,Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—June 19,2006—Page 8 y� n MEMORANDUM TO: Planning Commission FROM: Darren Wyss, Associate Planner RE: Capacity Numbers DATE: June 19, 2006 At a May 2006 Planning Commission meeting, a few follow-up questions were asked in regard to buildable lands, capacity and residential density. 1. What is the overall residential density of the city? There is not a 100% accurate way to calculate the overall density of the city from existing data. We can calculate the density of new development since 1989 because of the permit database,but the information is not available before that time. However, several methods may be used to get a good "guesstimate". Using estimated dwelling units (2000 Census housing units plus dwelling units built since April 1, 2000) divided by estimated residential acres (derived from Metro GIS taxlot file), the estimated overall residential density is approximately 6 units per acre. This includes existing single family and multi-family housing units. 18,872 (estimated du)/ 3,031 (estimated residential acres) = approximately 6 dwelling units/acre 2. If the 2005 buildable lands were fully developed,would we meet the Metro Functional Plan number of 6308 additional dwelling units? At the end of 2005,Tigard had added 3281 dwelling units towards the goal of 6308 (52%). Using a methodology created by the Long Range Planning Division, the potential residential dwelling unit capacity for the 2005 Buildable Lands Inventory is 2858 to 3310. This range includes all residential and mixed-use zoning districts. The low end is based on the 80%minimum density requirements in the CDC and the high end is based on the density of new construction in each zoning district that has occurred over the past five years. 3281 + 2858 = 6139 (97%) 3281 + 3310= 6591 (1049/6) 3. Can we continue tracking buildable lands and development occurring on and outside of the buildable lands inventory? Yes, a methodology has been developed. Each will be tracked and included in the yearly Buildable Lands Inventory Report. The 2005 Report is in the final stages of completion. Comprehensive Plan Update hat does Emironinental Quality memi? Environmental Quality Topic planning Commission 011erview For the PUrpo%c%of the Cornp Plan Update:the air we hrvathe.the%%atcr In Our StfC.11111,The land we li%c urmin, and the conwn ition of encrg) 'It 0 Stri%c to minimize the effect, tile of hurnan Impact upon qtIAlIt%of tile rC%4)UrCC% Damn Wvss,Associate Phumur .4 Long Range I'Linning cay )vrigard A*-.tIi\-a jLine 19,20W J- ....... Structure of EQ Topic Report EQ Connection to Coulp Plan Update •Durinition 6 EstAhl6heb WRAniZAtiOnAll%itucture •Relationship to land-use planning 8 Growth and doclopinent a Identil'i"opportunities to inipact quality of a Cam ing capacit% resource a Goall And stAndards •Link to communiq%alues Important source-if information to deiclop •Four ections(Lind,Air,Uatur,Ericr,%) Polic% *0%4!r%icw O(CUn-Votconditi, s ,:n *Applicable rules,Statute.,a d p n, Connection to other topic reports *lenctitorics helpful 14P 4LICC111011 Making proces-, (Tran,portation,Natural Resources,Future *Exi,11III&I C011,thorAtion%/pArtnerships Gr..%%th and Dc%cloptnent) ................. .......... ........... Land Rcsources Qualitv Land Resource Qualitv Focus on collection and disposal of%%ame that irop,tcts Solid U aste the health And welfare of the corninunitv Pride Disposal and Waste Managernent RS%%NIP focus on reduction And rcctj%cf% No torage or collection facilities in Tig A*rd Regional Solid NX ame Man.4gernwrit Plan(RSA NIP) Rcc%chng •WA%hingnon County Cm)pcfjti%c 64'!V WgCt WAS11C Reduction Rate 4728 tun%diverted from landfill 311 2003 Education i%key component I, •Ptn ate hauler franchise agreements increase recycling rate 7 No morage or collection facilities •Durhain Wastewater Treatment Facility in Tigard ........... ......... ........ ........ Land Resource Quality Land Resource Quality—Alain Points ■Hazardous U rite •Current Conditions •Regulated by DEQ •Regional focus •Household hazardous waste(HHS%')not easily •Reduction and reco%ery regulated •Household hazardous waste -:,•• `� •DEQ and Metro have programs to reduce HH\C' •Education programs are key •Education and collection events • No storage or collection facilities � 1 •No storage ur collection facilities in Tigard in Tigard A. r •A astcwater Sludge � , •Future Consideration � { •CWS recycles sludge from facility . •Limited direct impact *^- •- •Trtnsportcd outside of Tigard and used as soil ■Educational programs amendment •Local collection facilities Questions or Suggestions?? M�•:� :�` •Content t�% •Format ,.. .,, .,ice .,•,. u.,.. ,•ri.. „ i �1 TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARDFr7 MEETING JULY 18,2006 6:30 p.m. TIGARD CITY HAIL ' 13125 SW HALL BLVD TIGARD,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:3012.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice)or 503-684-2772(TDD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling. 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—JULY 18,2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING (Times are estimated.) 6:30 PM • STUDY SESSION > Discuss Proposed Senior Center Remodel and Additions • Staff Report Public Works Department > Discuss Reinstating Funds to Remodel and Relocate the Public Works Department to the Water Building • Staff Report: Public Works Department > Discuss Revisions to the Tigard Municipal Code Incorporating a Right-of-Way Usage Fee • Staff Report: Community Development Department • EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard Area Chamber of Commerce Representative: President Ralph Hughes • Follow-up to Previous Citizen Communication COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—JULY 18,2006 page 2 z 7:40 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Workers' Compensation Volunteer Coverage Through City County Insurance Services 4.2 Amend Insurance Agent of Record Contract extending from Three to a Five-Year Contract 4.3 Local Contact Review Board: a. Reject Bids for the Construction of Hall Boulevard/Wall Street Intersection — Phase II and Library Parking Lot Expansion • Consent Agenda -Items Removed or Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 5. INITIATE PLANNED DEVELOPMENT REVISIONS REVIEWED BY THE PLANNING COMMISSION a. Staff Report: Community Development Department b. Council Discussion C. Council Direction: Should staff prepare a draft ordinance for public hearings? 8:45 PM 6. COMPREHENSIVE PLAN UPDATE: CITIZEN ISSUES AND VALUES SUMMARY a. Staff Report: Community Development Department 9:15 PM 7. STATUS REPORT: TUALATIN RIVER BIKE/PEDESTRIAN BRIDGE PROJECT a. Staff Introduction: Community Development Department b. Report from Paul Hennon,City of Tualatin C. Council Discussion 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—JULY 18,2006 page 3 10. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an 1 Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT (Local Contract Review Board Meeting will follow the City Council meeting) LOCAL CONTRACT REVIEW BOARD MEETING (IMMEDIATELY FOLLOWING ADJOURNMENT OF THE JULY 18,2006,CITY COUNCIL MEETING) Times are estimated 9-40PM 1.1 CALL TO ORDER: LOCAL CONTRACT REVIEW BOARD (LCRB) 1.2 ROLL CALL 2. CONSIDER AWARDING CONTRACT FOR DESIGN SERVICES FOR PHASE 3 (BURNHAM STREET IMPROVEMENTS) OF THE TIGARD DOWNTOWN COMPREHENSIVE STREETSCAPE PROJECT a. Staff Report: Community Development Department b. LCRB Discussion C. LCRB Consideration: Motion to approve the contract award to OTAK, Inc.,in the amount of$463,525 and authorize an additional amount of$46,353 to be reserved for contingencies and applied as needed as the design of Burnham Street progresses towards completion and into the construction phase. The total amount for Phase 3 is$509,878. 1000 PM 3. ADJOURNMENT evdm%camy\ccavooewem 1 e.aoc COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA—JULY 18,2006 page 4 Agenda Item# `� '-S— Meeting Meeting Date February 13,2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title A resolution to commend the members of the Planned Development Code Review Committee for their service and to disband the committee. Prepared By: Sean Farrelly Dept Head Approval: City Mgr.Approval: ISSUE BEFORE THE COUNCIL Shall the Council approve a resolution to commend the members of the Planned Development Code Review Committee for their many months of service and to disband the committee? STAFF RECOMMENDATION Staff recommends adopting the resolution. KEY FACTS AND INFORMATION SUMMARY Council established the Planned Development Code Review Committee by resolution in January 2004.The Committee met over the following two years and made final recommendations to revise the code.These recommendations formed the basis for Development Code Amendment 2006-00003.This code amendment was adopted by Council by r "iance on October 24,2006. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS Not applicable. ATTACHMENT LIST Attachment 1: Resolution. FIscAL NOTES Not applicable. Wg204netDubuig201ww wnlormsVonn docslcou l agenda item summary sheet 07.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07- Q A RESOLUTION TO COMMEND THE MEMBERS OF THE PLANNED DEVELOPMENT CODE REVIEW COMMITTEE AND TO DISBAND THE COMMITTEE WHEREAS, the Tigard City Council established the Planned Development Code Review Committee with Resolution No. 04-08; and WHEREAS, the Committee was charged with reviewing and possibly recommending changes to the Planned Development Section of the Tigard Community Development Code; and WHEREAS, the Committee met over two years and recommended changes to the Planned Development Code, which formed the basis for Development Code Amendment 2006-00003, which was adopted by the Tigard City Council by Ordinance No. 06-16; and WHEREAS, the Committee has successfully completed its task. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The following Planned Development Review Committee members are commended for their outstanding efforts, time commitments and energies in completing their task: Sue Beilke, Gretchen Buehner, Alice Ellis-Gaut, Ron Ellis-Gaut,John Frewing, Bill McMonagle, Charles Schwarz, and David Walsh. SECTION 2: The Planned Development Review Committee has successfully completed its task and is hereby disbanded. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2007. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 07 - Page 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07-� A RESOLUTION TO COMMEND THE MEMBERS OF THE PLANNED DEVELOPMENT CODE REVIEW COMMITTEE AND TO DISBAND THE COMMITTEE WHEREAS, the Tigard City Council established the Planned Development Code Review Committee with Resolution No. 04-08; and WHEREAS, the Committee was charged with reviewing and possibly recommending changes to the Planned Development Section of the Tigard Community Development Code; and WHEREAS, the Committee met over two years and recommended changes to the Planned Development Code, which formed the basis for Development Code Amendment 2006-00003, which was adopted by the Tigard City Council by Ordinance No. 06-16; and WHEREAS, the Committee has successfully completed its task. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The following Planned Development Review Committee members are commended for their outstanding efforts, time commitments and energies in completing their task: Sue Beilke, Gretchen Buehner, Alice Ellis-Gaut, Ron Ellis-Gaut,John Frewing, Bill McMonagle, Charles Schwarz, and David Walsh. SECTION 2: The Planned Development Review Committee has successfully completed its task and is hereby disbanded. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of ,2W 2007. i Mayor/- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 07 - Q q Page 1 FT GARD CITY COUNCIL MEETING UARY 13,2007 6:30 p.m. IGARD CITY HALL , 3125 SW HALL BLVD TIGARD,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated:it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet Business agenda items can be heard in any order after 7:3012.m. Assistive Listening Devices are available for persons with impaired heating and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext.2410 (voice) or 503-684-2772 (TDD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or heating impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling. 503-639-4171, ext. 2410 (voice) or 503-6842772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA—FEBRUARY 13,2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING 6:30 PM • STUDY SESSION > Tigard Municipal Code Amendment Discussion regarding Solid Waste Management— Public Works Staff > Burnham Street Update—Community Development Staff > FY 07-08 Council Training—Administration Staff • EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council&Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Tigard High School Student Envoy Jasmina Disdarevik • Follow-up to Previous Citizen Communication 7:40 PM 3. CONSENT AGENDA: These items are considered to be mutine and may be enacted in one motion w1hout separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to. 3.1 Approve Council Minutes for January 9,2007 3.2 Receive and File: 3.2.a November 14,2006 Minutes of Joint Council Meeting with Lake Oswego 3.2.b January 30,2007 Fifth Tuesday Meeting Notes 3.2.c Council Calendar 3.2.d Tentative Agenda COUNCIL AGENDA—FEBRUARY 13,2007 page 2 3.3 Approve an Intergovernmental Agreement with Clean Water Services for the Preparation of a Sanitary Sewer Master Plan 3.4 Approve Budget Amendment#12 for Sewer Master Plan Project Additional Funding 3.5 Commend the Members of the Planned Development Code Review Committee for their Service and to Disband the Committee 3.6 Authorize the Mayor to Renew a West Nile Virus Intergovernmental Agreement with Washington County 3.7 Authorize the City Manager to sign a Settlement Agreement with the Business Software Alliance(BSA) 7:45 PM 4. ANNEXATION POLICY DISCUSSION Staff Report•. Community Development Staff 8:45 PM 5. COUNCIL LIAISON REPORTS 8:55 PM 6. NON AGENDA ITEMS 7. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:00 PM 8. ADJOURNMENT COUNCIL AGENDA—FEBRUARY 13,2007 page 3