Loading...
HomeMy WebLinkAbout07/06/2009 - Packet • City o f Tigard TIGARD Planning Commission — Agenda MEETING DATE: July 6, 2009, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:05 p.m. 5. PUBLIC HEARING 7:10 p.m. 5.1 LEGISLATIVE UPDATE: TIGARD OMNIBUS "HOUSEKEEPING" ITEMS 6. OTHER BUSINESS 8:t0 p.m. 7. ADJOURNMENT 8:15p.m. PLANNING COMMISSION AGENDA-JULY 6, 2009 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 PLEASE SIGN IN HERE ■ Tigard Planning Commission T I G A Ii D Agenda Item # 5.1 Page 1 of Date of Hearing 7-6-09 Case Number(s) DCA2009-00003 Case Name Omnibus Code Amendment Location Citywide If you would like to speak on this item, please CLEARLY PRINT your name, address, and zip code below: Proponent (FOR the proposal): Opponent (AGAINST the proposal): Name: 1 t lc)Lot.o,(,j Name: Address: S��l<� t `\Cj'rCj Address: �L..k c c) r\o 9722: City, State, Zip: \ City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: COMMUNITY PUBLIC HEARING ITEM: M NEWSPAPEIS The following will be considered by the Tigard Planning Commission at 0005 SE Lake Rood,Portlood,OR 07222•PO Box 22109 Portland OR 97289.2109 q a Public Hearing on Monday July 6, Phut 503.081-0300 fax:503-020-3433 111111 2009 at 7:00 PM at the Tigard Civic Emall:letalt©cammnewspapors.cem • I Center - Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. Public oral or written testimony is AFFIDAVIT OF PUBLICATION T I G A R D indited. The public hearing on this State of Oregon, County of Washington, SS matter will be held under Title 18 and rules of procedure adopted by the I, Charlotte Allsop, being the first duly sworn, Council and available at City Hall or depose and say that I am the Accounting the rules of procedure set forth in Section 18.390.060.E. The Manager of The Times(serving Tigard, Planning Commission's review is for the purpose of making Tualatin & Sherwood), a newspaper of a recommendation to the City Council on the request. The general circulation, published at Beaverton, Council will then hold a public hearing on the request prior to in the aforesaid county and state, as defined making a decision. by ORS 193.010 and 193.020, that Further information may be obtained from the City of Tigard Planning Division(Staff contact: Dick Bewersdorff)at 13125 City of Tigard SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-639- 4171. Notice of Public Hearing/DCA2009-00003PC TTI1332 DEVELOPMENT CODE AMENDMENT (DCA)2009-00003 A copy of which is hereto annexed, was LEGISLATIVE UPDATE: published in the entire issue of said � Tigard Omnibus"Housekeeping"Items newspaper for 1 week in the following issue: June 18, 2009 C 1101 1/M4( Charlotte Allsop (Accounting Manger) Subscribed and sworn to before me this June 18, 2009. •,m. OFFICIAL SEAL ROBIN A BURGESS 6-, NOTARY PUBLIC-OREGON W 154e d COMMISSION NO.437285 NOTARY PUBLIC FOR ORES/ MY COMMISSION EXPIRES MAY 16,2013 My commission expires Acct#10093001 Attn: Patty Lunsford City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2x7.75 Amount Due$129.42* 'Please remit to the address above. aU--"\-r C71) REQUEST: The City of Tigard is requesting approval o Development Code Amendments to promote consistency among the Code Chapters. These "housekeeping" items are from Community Development Code Chapters 18.120 Definitions. 18.220 Zoning Administration, 18.310 Summary of Land Use Permits,18.330 Conditional Use,18.350 Planned Developments, 18.360 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non- Conforming Situations, 18.765 Off-Street Parking and Loading Requirements,18.775 Sensitive Lands,18.780 Signs,and 18.798 Wireless Communication Facilities. LOCATION: Citywide. ZONE: Various residential, commercial and industrial zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement; Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1, 2. The proposed amendments are available online on the City's Web site at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp for review. Publish 06/18/2009. TT11332 ---octiv cc,--A- Agenda Item: 5.1 Hearing Date: July 6,2009 Time: 7:00 PM STAFF REPORT TO THE 114 II PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: LEGISLATIVE UPDATE: TIGARD OMNIBUS"HOUSEKEEPING"ITEMS CASE NO.: Development Code Amendment (DCA) DCA2009-00003 PROPOSAL: The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. These `housekeeping" items are from Community Development Code Chapters 18.120 Definitions, 18.220 Zoning Administration, 18.310 Summary of Land Use Permits, 18.330 Conditional Use, 18.350 Planned Developments, 18.3m 60 Site Development Review, 18.385 Miscellaneous Permits, 18.390 Decision-Making Procedures, 18.410 Lot Line Adjustments, 18.430 Subdivisions, 18.510 Residential Zoning Districts, 18.520 Commercial Zoning Districts, 18.530 Industrial Zoning, 18.640 Durham Quarry Design Standards, 18.705 Access, Egress, and Circulation, 18.710 Accessory Residential Units, 18.715 Density Computations, 18.730 Exceptions to Development Standards, 18.742 Home Occupations, 18.745 Landscaping and Screening, 18.760 Non-Conforming Situations, 18.765 Off-Street Parking and Loading Requirements, 18.775 Sensitive Lands, 18.780 Signs, and 18.798 Wireless Communication Facilities. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Various residential,commercial and industrial zones. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390. Comprehensive Plan Chapters Goal 1: Citizen Involvement;Goal 2: Land Use Planning. Metro Functional Plan: Metro Code Sections 3.07, Urban Growth Management Functional Plan. Statewide Planning Goals 1,2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend all regulations as proposed, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA2009-00003 7/6/2009 Public I fearing Staff Report to Planning Commission PAGE 1 OF 27 SECTION III. BACKGROUND INFORMATION Over the past several years, staff has collected Development Code items which are inconsistent and/or need clarification. There are approximately 150 total items. Staff has compiled these and grouped them by complexity. Those that are less complex (such as scrivener's errors and inconsistent references) have been included into the Omnibus Package and are the subject of this proposal.The remainders have been grouped by Development Code Section and will be brought to the Planning Commission on a by-Section basis. As tze City has recently completed the significant task of updating the Comprehensive Plan policies, one of the next tasks is to align these policies with the implementing ordinances to make the Code more clear and objective. Proposal Description The "Omnibus Package" is the first step to addressing the Development Code amendment list items. The Omnibus Package items are proposed to make the code consistent, more clear and objective and to promoting the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. The City is requesting approval of Development Code Amendments to promote consistency in the Code Sections.These"housekeeping"items are from Code Chapters: 18.120 Definitions; 18.220 Zoning Administration; 18.310 Summary of Land Use Permits; 18.330 Conditional Use; 18.350 Planned Developments; 18.360 Site Development Review; 18.385 Miscellaneous Permits; 18.390 Decision-Making Procedures; 18.410 Lot Line Adjustments; 18.430 Subdivisions; 18.510 Residential Zoning Districts; 18.520 Commercial Zoning Districts; 18.530 Industrial Zoning; 18.640 Durham Quarry Design Standards; 18.705 Access,Egress,and Circulation; 18.710 Accessory Residential Units; 18.715 Density Computations; 18.730 Exceptions to Development Standards; 18.742 Home Occupations; 18.745 Landscaping and Screening; 18.760 Non-Conforming Situations; 18.765 Off-Street Parking and Loading Requirements; 18.775 Sensitive Lands; 18.780 Signs; 18.798 Wireless Communication Facilities; SECTION IV. APPLICABLE CRITERIA City of Tigard Development Code (TCDC) Chapter 18.380: Zoning Map and Text Amendments Section 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Development Code would help make the Code more consistent, more clear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to implement DCA2009-00003 7/6/2009 Public I-'caring Staff Report to Planning Commission PAGE 2 OF 27 the Tigard Comprehensive Plan. The proposed amendments are being processed through a Type IV procedure including: public notice and a Planning Commission and City Council Hearing. Therefore, the application is being processed as a Type IV procedure,Legislative Amendment,as governed by Section 18.390.060G and this criterion is met. Conclusion: Based upon the above findings, the application complies with TCDC Section 18.380.020. Chapter 18.390: Decision-Making Procedures Section 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Conclusion: Based upon the above findings,the application complies with TCDC Section 18.390.020. Section 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: Pursuant to the findings and conclusions in this Staff Report that address applicable Statewide Planning Goals and Guidelines per ORS Chapter 197, Metro Regional Functional Plan Titles, City of Tigard Comprehensive Plan policies and Development Code Chapters, the amendment is consistent with this criterion. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Forty-five day advance notice was provided to the Oregon Department of Land Conservation and Development (DLCD) on May 6, 2009, well in advance of the required minimum of 45 days prior to the first scheduled public hearing. In addition, the Tigard Development Code (TCDC) and Comprehensive Plan have been acknowledged by DLCD. The following applicable Statewide Planning Goals are addressed further in this Staff Report: Statewide Planning Goal 1, Citizen Involvement and Statewide Planning Goal 2 Land Use Planning. Conclusion: Based upon the above findings,the application complies with TCDC Section 18.390.060 CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Chapters Goal 1:Citizen Involvement;Goal 2:Land Use Planning. A review of the Comprehensive Plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 3 OF 27 Findings: The proposal has complied with all notification requirements pursuant to Section 18.390.060 of the Tigard Community Development Code. This Staff Report was also available seven days in advance of the hearing pursuant to Section 18.390.070.E.b of the Tigard Community Development Code. Information was distributed throughout the process via the City's amendment website, an "interested parties listserv" and one Cityscape article. As part of the Development Code Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and ublished in the June 18, 2009 issue of The Tigard Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1,Policy 2. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined previously in this Staff Report, the community was given multiple opportunities and methods to get information and get involved. This included a Cityscape newsletter that is delivered to every household in Tigard. As this is not a large scale project,the associated citizen involvement program is of similar scale. This proposal is not a policy decision, guiding document or other effort which is suited for extensive public involvement. It is an effort to make the Development Code consistent and does not contain highly subjective items which would be suited for stakeholder feedback and guidance. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1,Policy 5. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Development Code Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and on the City's website. Information was regularly updated to the City's website. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.2,Policy 1. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the intemet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties list and a Cityscape article. As this is not a large scale project, the associated citizen involvement program is of similar scale. This proposal is not a policy decision, guiding document or other effort which is suited for extensive public involvement. It is an effort to make the Development Code consistent and does not contain highly subjective items which would be suited for stakeholder feedback and guidance. Therefore, promoting various citizen involvement methods and evaluating effectiveness may not be appropriate for this type of amendment proposal. Conclusion: Based upon the above findings, the application complies with the relevant aspects of Tigard Comprehensive Plan Goal 1.2,Policy 2. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 4 OF 27 Policy 5. The City shall seek citizen participation and input through collaboration with community organizations,interest groups, and individuals in addition to City sponsored boards and committees. Findings: This proposal is not of a type or scale to necessitate community organization collaboration. There are no substantially subjective issues lending themselves to decisions which were made to generate the proposal language. Additionally, the amendments do not significantly affect the use of land or property. The proposed amendments are not guiding pfinciples or would substantially affect stakeholders to generate differing positions which require reviewing findings or analyzing information to make decisions. Therefore, this policy is not applicable. Conclusion: Based upon the above findings, the application is not applicable to Tigard Comprehensive Plan Goal 1.2,Policy 5. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: The proposed amendment satisfies this policy by updating the Development Code Chapters which will better comply with state and regional requirements and serve citizen interests by helping to create a more clear and objective and synchronized Development Code. The proposed amendments to the Tigard Development Code would help make the Code more consistent, more clear and objective and promote the general health, safety and welfare of the public, to set forth the standards and procedures governing the development and use of land in Tigard and to better implement the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 1. Policy 2. The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. Findings: The proposed amendments will better support the existing land uses and future development potential in the City of Tigard by helping to provide a clearer, more objective and synchronized Code. These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. Furthermore, the following analysis has proven that the application is consistent with and implements the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 2. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given more than the minimum required 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1,Policy 3. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to apphcable state law, administrative rules, and regional requirements. DCA2009-00003 7/6/2009 Public I tearing Staff Report to Planning Commission PAGE 5 OF 27 Findings: The proposed amendments satisfy this policy by updating the Development Code. By updating the Code, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs such as the Sate Building Code. Findings of conformance to applicable state and regional requirements can be found in this Staff Report. The proposed amendments are in themselves, an update of the Comprehensive Plan's implementing measures. The amendments are proposed to a community need of a succinct, synchronized code which provides consistent and reliable information. The proposed amendments will better support the existing land uses and future development potential in the City of Tigard by helping to provide a clearer, more objective and synchronized Code.These amendments more consistently set forth the standards and procedures governing the development and use of land in Tigard and to implement the Tigard Comprehensive Plan. Conclusion: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Comprehensive Plan, Goal 2.1,Policy 20. APPLICABLE METRO PROVISIONS Metro Urban Growth Management Functional Plan Findings:The Metro Functional Plan is not applicable to this application. The application does not affect those Titles that pertain to Tigard. The application does not compromise compliance with any Metro Titles. Conversely, the proposed amendments bring the City into further compliance with Metro Titles by creating a more clear and objective,consistent and accurate code. • The proposal does not have bearing or amend the City's housing or employment targets per Title 1. • It does not affect regional mobility or traffic issues per Title 2. • It is not relevant to water uality, flood management or fish and wildlife per Title 3. • The application does not specifically affect industrial or employment areas per Title 4. • Neighboring cities and/or rural reserves in Tide 5 will not be affected by this proposal. • The application is not relevant to designated centers per Title 6. • The proposal does not affect housing affordability per Title 7. • No compliance procedures per Title 8 are relevant to this proposal. • Performance measures per Title 9 are not affected by this amendment proposal. • The proposal does not change any definitions per Tide 10. • The proposal is not planning for a new urban area per Title 11. • The application does not alter residential neighborhoods per Title 12. Therefore, these criteria are not applicable. Conclusion: Based on the analysis above, staff finds that the Metro Urban Growth Management Functional Plan is not applicable to the proposed amendments. APPLICABLE STATEWIDE LAND USE PLANNING GOALS Statewide Planning Goals Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. As part of the Development Code Amendment process,public notice of this Planning Commission public hearing was sent to the interested parties list and published in the June 18, 2009 issue of The Tigard Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. DCA2009-00003 7/6/2009 Public I fearing Staff Retort to Planning Commission PAGE 6 OF 27 Conclusion: Based upon the above findings,the application complies with Statewide Planning Goal 1. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Fin • s: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was ac owledged by DLCD as being consistent with the Statewide Planning Goals. The Development Code implements the Comprehensive Plan's policies;which include policies for amending the Plan and implementing ordinances. The Development Code establishes a process and procedures to review changes to the Development Code consistent with Goal 2. The City's Comprehensive Plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2 which have been acknowledged by DLCD. These proposed amendments are being processed through the appropriate procedures as described in this Staff Report. The proposed amendments and Staff Report provides a factual basis for all proposed amendments. Because the proposed amendments are not subjective, there is not substantially alternative language or opposing positions to evaluate. The proposed amendments to the Tigard Development Code are being processed as a Type N procedure, which requires any applicable Statewide Planning Goals, federal or state statutes or regulations, Metro regulations, local Comprehensive Plan policies and implementing ordinances to be addressed as part of the decision-making process. As described in this Staff Report, Notice of the Proposed Amendments was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this Staff Report;therefore,the requirements of Goal 2 have been met. Conclusion: Based upon the above findings,the application complies with Statewide Planning Goal 2. Conclusion: Based upon the above findings, the application complies with all applicable Statewide Planning Goals. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 7 OF 27 SECTION V. STAFF ANALYSIS (Bold and underline text indicates proposed new language and strip indicates language proposed to be deleted.) Chapter 18.120 DEFINITIONS 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755);Sensitive Lands (Section 18.775); Signs (Section 18.780); Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 4. `Accessory building or structure"-A fr�eestandtng structure whose use is incidental and subordinate to the main use of property and-is located on the same lot as the main use and is freestanding or is joined to the primary structure solely by non-habitable space as defined by the State Building Code. 6. `Addition"-A modification to an existing building or structure which increases its height or increases the site coverage. A structure is considered an addition only when it shares a common wall and is structurally dependent on the primary structure. (See also "Accessory building or structure"and"common wall") 43. "Common Wall"—A wall or joined walls that share a boundary to provide separation of interior spaces. For vertical additions,a floor/ceiling assembly is a shared boundary separating spaces. Finding: This proposed amendment clarifies accessory structure definitions and associates all relevant definitions to work in concert. These definitions help to define accessory structures to avoid large buildings attached by breezeways and refine the wording of Director's Interpretation of July 3, 2006. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by aligning all associated definitions. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title, the following words and phrases mean: 54. `Density"- The intensity of residential land uses, usually stated as the number of housing units per acre and defined in Section 13.720. 18.715. Finding: Scrivener's error; incorrect Code Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.120.030 Meaning of Specific Words and Terms A. For additional words and terms, also see Use Classifications (Section 18.130);Mixed Solid Waste and Recyclable Storage (Section 18.755); Sensitive Lands (Section 18.775);Signs (Section 18.780); Tree Removal(Section 18.790);and Wireless Communication Facilities(Section 18.798).As used in this title,the following words and phrases mean: 117. "Public support facilities"— Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights. and driveway aprons,power lines and poles,phone booths. fire hydrants. as well as bus stops, benches and mailboxes which are necessary to support principal development DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 8 OF 27 Finding: This clarifies the term used in the Sensitive Lands Chapter so that it is the same as the original sensitive lands regulations and so as not to be confused with principal structures like streets. The term "public support facilities" is used in the Sensitive Lands Section but is not defined. This amendment uses the definition listed in the 1984 code and helps to eliminate confusion about what is meant by the term. This also aligns with Tigard Development Code Section 18.775.020.E.1.a. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.220 ZONING ADMINISTRATION 18.220.020 Zoning District Map A Consistency with zoning map. The boundaries of each of the foregoing districts as listed in Table 18.220.1 Chapter 18.500 and the zoning classification and use of each tract in each of said zoning district is perceived to coincide with the identifying zone classification shown on the map entitled `Tigard Zoning District Map" dated with the effective date of this title retained by the City Recorder and referred to as the "zoning district map."Said map by this reference is made a part of this title. A certified print of the adopted zoning district map or map amendments shall be maintained in the office o the Planning Division as long as the code remains in effect. Finding: Scrivener's error; the referenced table "Table 18.220.1" doesn't exist. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.310 SUMMARY OF LAND USE PERMITS 18.310.020 Summary of Land Use Permits A. Summary Table. The table summarizing the decision-making procedure and substantive approval requirements of each land use permit and related action is presented in Table 18.310.1 below: TABLE 18.310.1 (Con't.) Decision-Making Approval Other Development Land Use Permit/Action Type Criteria Regulations Sensitive Lands • Within 100-Year Flood Plain I III-HO 18.775.020.E 4,18.775.070B 18.775 • With Excessive Slopes L II,III-H03 18.775.020.E 4,18.775.070C 18.775 • Within Drainage Ways III,III-HO3 18.775.020.E 4,18.775.070D 18.775 • Within Wetlands II,III-H03 18.775.070E 18.775 Water Resources Overlay • Permitted Uaea With Mitigation I 18.797.060A D 18.797 • Permitted Uses w/Mitigation/ No Alternative II 18.797.060B D 18.797 • Conditional Usea III 1404 18.797.060B D 18.797 Add footnote [4] Type I rocedures are reviewed with criteria of 18.775.020.E Type II and III procedures are reviewed with criteria 18.775.070.B. Finding: Scrivener's error. This amendment is proposed because the City does not have a fee for Type I sensitive lands. Additionally, the Table doesn't list Type I sensitive lands permits and lists a "water resources overlay" which no longer exists. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 9 OF 27 Chapter 18.330 CONDITIONAL USE 18.330.020 Approval Process E. Approval period. Conditional use approval by the Hearings Officer shall be effective for a period of 1- 1/2 years from the date of approval. The conditional use approval by the Hearings Officer shall lapse if: 1. Substantial construction of the approved plan has not begun within a one and one half year period; or 2. Construction on the site is a departure from the approved plan. 18.330.020.C.Minor modification of approved or existing conditional use. 2. An ap licant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.010 18.3 using approval criteria in Subsection C3 below. Chapter 18.390 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION-MAKING PROCEDURE Type Permit/Land Cross-Reference(s) I (18.390.030) Accessory Residential Units 18.710 Wireless Communications Facilities -- 18.370.040 C8b; 18798 Setback from Other Towers Conditional Use/Minor Modification 18.330.030 Type Permit/Land Cross-Reference(s) II (18.390.040) Access/Egress Adjustment 18.370.020 C3b Conditional Usc/Minor Modification 18.330.030 Finding: 18.330 does not explicitly state approval for 18 months while 18.330.030A.6. relates to site development review, which could be applied. his makes the approval period consistent with that of the site development review process. There is a conflict between Sections 18.390 and 18.330 regarding minor modifications to Conditional Use Permits. The City has been processing CUP minor modifications as Type I processes based on 18.330.020.C.2 and Table 18.310. Contrary to this, 18.390.040 shows a minor modification as a Type II procedure. To address this, 18.330.020.C.2 should refer to Section 18.390.030 because the minor modification application is a Type I. In this amendment, Table 18.390.1 is modified to remove CUP minor modifications from the Type II Section and added to the Type I Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections and review processes. Chapter 18.350 PLANNED DEVELOPMENTS 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: 4. In addition, the following criteria shall be met: 1CA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 10 OF 27 m. Shared open space facilities: These requirements are applicable to residential planned developments only, The detailed development plan shall designate a minimum of 20%of the gross site area as a shared 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 fioodplain). (2) Passive use facilities. Up to 100% of the open space requirement may be satisfied b 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 he 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. Finding: The new PD Section requires commercial and industrial uses to adhere to the same open space standard as a residential subdivision. The Planning Commission members have said that this was not intended. Shared open space facilities are problematic and provide for a significant cost and feasibility impact for conventional commercial development unless there are existing natural areas that could not otherwise be developed. With this standard, there is little expectation that any developer would volunteer to use the PD process. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by refining regulations to their intent. Chapter 18.360 SITE DEVELOPMENT REVIEW 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards 18.360.080 Exceptions to Standards D. Exceptions to landscaping requirements. The Director Atli may grant an exception to the landscaping requirements of this code, Section 18.120.150, 18.360.070.B.4 upon finding that the overall landscape plan provides for at least 20 percent of the gross site to be landscaped. Finding: The existing section refers to old development Code's Site Development Review Process. Additionally, the word "shall" if the overall landscape plan provides for 20% could be problematic since that is the standard for most zones. 18.360.030 Approval Process A. New developments and major modifications. Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.360.030A, 18.360.020,A shall be processed by means of a Tffie II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. Finding: This amendment is proposed because the section refers to itself as a definition. The proposed language references the list of the Site Development Review processes. Chapter 18.385 MISCELLANEOUS PERMITS Note:Entire Section Removed Seetions: .! ! e . : • - ' • : : .! 1 • .• . 187-385T050—Temperafy-Use-Permits 8 385060 Tree R moval Permits DCA2009-00003 7/6/2009 Public I fearing Staff Report to Planning Commission PAGE 11 OF 27 • . r r . eal44ateryj f met r. - - - - - • - - r. - •- -. _ ..'. - .- - -• - - . .. ------ f . • . . i . - . : : • .. , - .. •, r r . f e.!• ! - r - - - - - . r . r .• . . i . . .. . ." . . •. •, • - . - the-€ellowing-eriterfae • f •- r DCA2009-00003 7/6/2009 Public I tearing Staff Report to Planning Commission PAGE 12 OF 27 • •- • • 1 1 1. 1 . .. . - - •:-, .. " :. . .- , � , •.- • .. , •• — • .• • . . , , . • •• . . • ... , eeettPfttioltt f cofts+rttetiett; comply with the purposes stated in Sections 18.715.010 and 18.742.050 Section.. .. .. . . . . . . Y_ - \ -- - _ - _ _ _ ftaat her residence. . . .. .. .. . ... • -- -- DCA2009-00003 7/6/2009 Public I learing Staff Report to Planning Commission PAGE 13 OF 27 bT...._._....... ...-1... , Y. - ' .._. • f f Y- - - - • - -• - - - - - - DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 14 OF 27 6.The provisions of Section 18.790,Trcc Removal,shall be mct;and flea. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 15 OF 27 - Y. _ . _ _ _. _ _ _ ,_ _ _ •_ __ • _ _ / _. - _ - - _. _ - - _ _ _. • _ _ _ _- . _ _ _ • _ _ •• •• _ . . • •_ 3149..-.1 Clc___..ncc. f f f f . . .. . - _ _ _ _ _ ,_ _ _ _- _ _ _, _ __ _ _ _ _ _ _ _ _ .._ that . _ . .. 1 M....lcl L_.__..... • Y- - - _- - - - - - "- • - - - , • . . . , ::-f , . . .• •. f Vi3___I Clc__ancc. f f f • 1CA2009-00003 7/6/2009 Public I-fearing Staff Report to Planning Commission PAGE 16 OF 27 _ lafttist • -- -- - -- - -- - -- s- - - - • - . - - - - - -'- - - --'-- •- - - ° - • - Finding: This Section is repetitive relative to existing code requirements. It is repeated in each individual Section of the development code pertaining to the permits listed in Section 18.385. This redundancy creates confusion for applicants and City Staff. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.080 General Provisions E. Director's duties. With regard to processing applications submitted under this Section, the Director shall: 3.Accept all development applications which comply with the provisions of Section 13.330.080 C3 18.390.080.D.3. Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.390.040 Type II Procedure C Notice ofpending Type II Administrative Decision. 1. Prior to making a Type II Administrative Decision, the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognised neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. and 18.390.050 Type III Procedure C.Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner. a. At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2) All property owners of record within 500 feet of the site; (3) Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice,or who is otherwise entitled to such notice; (4) Any City-recognized neighborhood mug . ti whose boundaries include the site; DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 17 OF 27 (5) Any person who has submitted a written request,and who has paid a fee established by the City Council;and (6) In actions involving appeals, the appellant and all parties to the appeal. and 18.390.060 Type IV Procedure D. Notice of hearing. 1. Required hearings. Two hearings, one before the Commission and one before the Council, are required for all Type IV actions, except annexations where only a hearing by the City Council is required 2. Notification requirements.Notice of the public hearings for the request shall be given by the Director in the following manner: a. At least ten days prior to the scheduled hearing date, notice shall be sent to: (1) The applicant; (2) Any affected governmental agency; (3) _ ; • " . - ; . Any City-recognized neighborhood group whose boundaries include the site;and (4) Any person who requests notice in writing and pays a fee established by Council resolution. Finding: These amendments synchronize the neighborhood notice process for Type II, III, and IV Procedures. This will allow City Staff to send notices based on the new Neighborhood Network Boundaries (or any future boundary) for all types of decisions. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.410 LOT LINE ADJUSTMENTS 18.410.040./1 Approval Criteria 4. With regard to fig lots: b.A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Sections 18.745.940-.050. Screening may also be required to maintain privacy jor abutting lots and to provide usable outdoor recreation areas for proposed development. Finding: Scrivener's error;incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.430 SUBDIVISIONS 18.430.030 Approval Process B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Section 18.390,using approval criteria contained in Section 408018.430.070 Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.060 Accessory Structures A.Permitted uses.Accessory structures are permitted by right in all residential zones subject to the following: 2.Non-dimensional requirements: b.An accessory structure shall comply with all of the requirements of the Uniform dingC'ede. State Building Code • 11 1. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 18 OF 27 18.510.020 List of Zoning Districts H. R-40:AfMedium-High-Density Residential District. The R-40 Zoning district is designed to accommodate existing housing of all Opes and new attached single family and multi family housing units with no minimum lot site o>mamintum-densi y. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Finding: This amendment is proposed because the existing text is inconsistent with the Tigard Comprehensive Plan. According to the Comprehensive Plan, "Medium-High Density Residential" includes the R-25 zone, not the R-40 zone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the these two documents. Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-NI'I C-051 C-G C-P CBD MUE1°1 MUC-1 M UC I281 MUE MUR 1 and 2P81 1 and 21281 CIVIC (INSTITUTIONAL) Basic Utilities C N N C C C C C1321 C1321 C1321 C1321 Clia Colleges N N N N N C C C C C _ Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/CI331 Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support P P P P P P P P P P Facilities Religious Institutions C C P G P P P E P P P C Schools N N N N N C C C C C Social/Fraternal C C P P P P P P P C Clubs/Lodges CONEMERCIAL Commercial Lodging N N P RI"1 P P P P P N Eating and Drinking C P P R1151 P P P P P Rp4/351 Establishments Finding: Because churches are currently a conditional use while social and fraternal clubs are permitted has been a litigated situation. Additionally, the amendment conditionally permits basic utilities in the C-C and C-G zones. This was an oversight when transferring uses from the original code to the existing version. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by adhering to land use law precedence. 18.520.030 Uses C.Accessory structures. 1.Accessory structures are permitted in all commercial Zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base Zone. All accessory structures shall comply with all requirements of the �r Buildi . State Building Code ,.. Findings: The "Uniform Building Code (UBC)" has been updated to the "State Building Code".Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 19 OF 27 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE C11't GORY C-NI'] C-C151 C-G C-P CBD MUE1211 MUC-1 MU C1281 MUE MUR 1 and 1 and Ed 2[281 2[281 Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless P/RI31 p/RI31 p/R131 p/R131 p/Rf31 p/R[3] p/R1271 Communication Facilities Rail Lines/Utility P p P P P P P Corridors Other C141 0101 NA NA C[191 NA NA P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted . . .. , l,. . ► • . ► . . .. [21]Multifamily residential, at 25 units/gross acre, allowed outright. Pre-existing detached and attached single family dwellings are permitted outright. Finding: The language in the zoning code allows attached single family residential. If this is not reflected in this table, all multi-family becomes a substantial review not intended. Additionally, there is no Bull Mm. CP district and there is no longer CP district in the Triangle. 18.520.040 Development Standards A. Compliance required All development must comply with: 1.All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Sections 13.310 and 18.32018.370; Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.530 INDUSTRIAL ZONING DISTRICTS TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R1 R1 R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C�� C''—� P Colleges N N N Community Recreation C10 C10 C10 Cultural Institutions N N N Day Care R3'9 R3'9 R3'9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 20 OF 27 Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R' N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales R4,11 N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 10Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps,when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. "These limited uses, shall only be allowed in IP zoned property east of SW 72nd Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel,or on contiguous lots or parcels, including those separated only by transportation right-of-way. (Ord. 04-14) 12Except water and storm and sanitary sewers,which are allowed by right. Finding: This was an oversight when transferring uses from the original code to the existing version.Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by creating consistency among Code Sections. Chapter 18.640 DURHAM QUARRY DESIGN STANDARDS 18.640.070 Signs A. In addition to the requirements of Section 18.780 of the Development Code, the following standards shall be met: DCA2009-00003 7/6/2009 Public I learing Staff Report to Planning Commission PAGE.21 OF 27 1. Zoning District regulations. Residential only developments within the MUC-1 shall meet the sign requirements for the R-40 zone Section 18.780.130.B; non residential development within the MUC- 1 shall meet the requirements of the C-P zone, Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded, no area limit increase will be permitted. 3.Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the signs is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Durham Quarry shall not be permitted within the required L-1 landscape areas. Finding: This amendment is proposed because the Durham Quarry does not have sign standards listed in its section. Staff has been using the CP standards but there is no actual linkage in the code. These were the standards used for Washington Square from which the Quarry standards were chosen. This proposal is to add District-specific sign standards. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions L Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 4.A decision by the Director per 18.705.030 K Li.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040,using criteria contained in Section 18.370.020 C3. (Ord 06-20, Ord 02-33) Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards B. Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the rg-Code-State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.715 DENSITY COMPUTATIONS 18.71 5.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined b subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed 3.All land dedicated for public rights-of way. When actual information is not available, the following formulas may be used: b. Multifamily development:allocate 1 5% of gross acreage or deduct the actual private drive area. Finding: This proposed amendment makes clear that private drive in multi-family projects would be deducted as a private street in lieu of using 15%. LCA2009-00003 7/6/2009 I'ublic I Tearing Staff Report to Planning Commission PAGE 22 OF 27 18.715.030 Residential Density Transfer B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying Zoning district unless developed under the provisions of Section 18:44018.350, Planned Development. (Ord 06-20). Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 2. The maximum height for an attached or detached single-family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an access way,private drive or easement is 1-11 2 stories or 25 feet, whichever is less, except that the maximum height may be 2-11 2 stories or 35 feet, whichever is less,provided• a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the Zoning district; Finding: This section describes 2 and 1/2 stories or 35 feet,but the limit in the code in R-1, R-2,R-3.5 and R-4.5 zones is 30 feet.This proposed amendment synchronizes this section with Table 510.2. Chapter 18.742 HOME OCCUPATIONS 18.742.040 General Approval Criteria and Standards A. General criteria.All home occupations except those that have proven nonconforming status shall observe the following criteria in addition to the standards established for Type I and Type II Uses described in Section 18.742.050 of this Section. 5. A borne occupation shall not make necessary a change in the Uniform-Bnildirr,-Cede State Building Code use classification of a dwelling unit.Any accessory building that is used must meet Umferwi Building-Code State Building Code requirements; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.050.13. Screening:special provisions. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by - : '• . State Building Code; Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.745.040 Street Trees G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 1 8.370.020.C.4.b. 18.370.020.C.6.b. Findings: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public I leafing Staff Report to Planning Commission PAGE 23 OF 27 Chapter 18.760 NON-CONFORMING SITUATIONS 18.760.040 Criteria for Nonconforming Situations D.Nonconforming use of structures 2. If a single structure or a structure and premises containing a number of lawful uses(except for a single accessory structure)existed as of March 16, 1983, and those uses would not be allowed in the Zoning district in which they are located, or which are nonconforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this Section or amendment thereto), the lawful uses may be continued so long as they remain otherwise lawful,subject to the following provisions: e. When the use of the structure, including all uses, is discontinued or abandoned for three months, the structure and premises shall not thereafter be used except in full conformiy with all regulations of the Zoning district in which it is located following-events. Finding: There are no events listed in the Code, reference to events is removed. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) MAXIMUM' MINIMUM ZONE A ZONE B BICYCLE2 Motor Vehicle Related Motor Vehicle 1.0/1,000 but no 1.3/1,000 but no 2.0/1,000 but no 0.2/1,000 sales area Sales/Rental less than 4.0 less than 4.0 less than 4.0 Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000 but no 0.2/1,000 Servicing/Repair less than 4.0 less than 4.0 less than 4.0 Vehicle Fuel Sales 3.0+2.0/service bay 4.0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office 2.7/1,000 (M) 3.4/1,000(M) 4.1/1,000 (M) 0.5/1,000 Medical / Dental 3.9/1,000 (M) 4.9/1,000 (M) 5.9/1,000 (M) 0.4/1,000 Office Self-Service 1.0/4 storage units 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Storage Non-Accessory none none none none Parking Finding:The Medical/Dental office use was omitted in the original code.This clarifies use standards. 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the #e-ef-Oregon-Uniform B State Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.765.040 General Design Standards D. On-site vehicle stacking for drive-in use. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 447320400 18.390.030,using approval criteria contained in Section 18.370.020.058. 18.370.020.C.7.g. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 24 OF 27 Finding: Scrivener's error; incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.765.070 Minimum and Maximum Of-Street Parking Requirements F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by it to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit- related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.3 70.020.C.5.b 18.370.020.C.7.b.Applicants who qual j for this adjustment may also apply for further parking reductions per 18.765.070.F.2.below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.7,.. 3. The Director is authorized to reduce up to 10%of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. 18.370.020.C.7.c. Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.775 SENSITIVE LANDS 18.775.020 Applicability of Uses:Permitted, Prohibited,and Nonconforming E.Administrative sensitive lands review. 1.Administrative sensitive lands permits in the 100year floodplain, drainage way,slopes that are 25%or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities , , ; ,, , . • , , , .by means of a Type I procedure,as governed by Section 18.390.030 subject to compliance with all of the standards in this Section; Finding: This amendment is proposed to make the Code consistent with proposed amendments for Section 18.120.030, Meaning of specific words and terms A.117 "public support facilities". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. Chapter 18.780 SIGNS 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions,and are as follows: 8. `Billboard"means a_freestanding sign in excess of the maximum size allowed,with adjustments, in the locations where it is located or proposed to be located Billboards are prohibited by Tigard Code Section 18.780.070.M: Certain Signs Prohibited. Finding: The existing text describes Freeway-oriented sign and implies billboards which are prohibited. The Oregon Motorist Information Act provides for billboards while the City's code prohibits by 18.780.070.m. To make the code more clear, this amendment is proposed to note that billboards are prohibited by 18.780.070.m. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.020 Permits Required C. Compliance with UBC State Building Code. Separate structural permits under the - , • State 1)r:.\2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE 25 OF 27 Building Code shall also apply. Findings: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.070 Certain Signs Prohibited B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the-Uniform Building-Code-State Building Code or this title. Finding: The "Uniform Building Code (UBC)" has been updated to the "State Building Code". Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with State reference documents. 18.780.140 Sign Code Adjustments A.Adjustments. The Director may grant an adjustment to the requirements of this Section by means of a Type I or Type II procedure, as governed by Section 18.390, using approval criteria in Section 13.370.020 C.6. 18.370.020 C.8. Finding: Scrivener's error;incorrect Section reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.130 Zoning District Regulations E. In the C-N and C-C tones.No sign shall be permitted in the C-N and GAG C-C tones except for the,following: Finding: Scrivener's error; incorrect Zoning District reference. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. 18.780.015 Definitions A. Definitions.As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this Section. The definitions to be used in this Section are in addition to Section 18.110, Definitions, and are as follows: 7. `Bench sign" , , , , , , , ,, . „ • , ,, • means a bench designed to seat people with a sign painted or affixed on the surface. Finding: This amendment effectively removes any reference to content of the sin. Content is not permitted to be regulated by federal law. This amendment addresses the City Attorney s concern provided by Gary Firestone. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by being congruent with contemporary land use law. Chapter 18.798 WIRELESS COMMUNICATION FACILITIES 18.798.060.B. Review criteria.Any use subject to review per Section A above, shall be evaluated using the following standards: 3. Setbacks: Towers shall be set back from the property line by a distance equal to the height of the tower.A Type II adjustment may be obtained to reduce this setback, subject to criteria of approval contained in Section 18.370.020.C.4a1 Finding: Scrivener's error; incorrect Section. Therefore, this proposed amendment better implements the City's Comprehensive Plan and implementing ordinances by promoting consistency among the Code Sections. DCA2009-00003 7/6/2009 Public Hearing Staff Report to Planning Commission PAGE.26 OF 27 SECTION VI. OTHER ALTERNATIVES These amendments are not subjective, do not affect standards or lend themselves to interpretation or alternatives.The only two options are to adopt the propose language or leave the code to remain. No Action — The code would remain unchanged, and code sections would refer to incorrect sections and documents, tables would be incomplete and inaccurate language would remain. Adoption Action—Update the code to reflect accurate citations, references and complete tables. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department, Building Division, Long Range Planning Division and the Current Planning Code Enforcement Officer were given copies of the proposed code amendment. Only Current Planning responded and the comments have been considered. Staff commented on non-substantive items to maintain code consistency and syntax. Public Works Assistant Director commented that possibly the "Public Support Facility" definition should include pump stations. It's not necessary because this item is covered in the Class for Basic Utilities. The City of Tigard Engineering Department, Tualatin Valley Fire and Rescue, Clean Water Services (CWS), Tualatin Hills park and Recreation District, and the Tualatin Valley Water District, were notified of the proposed amendment and had no comment. Adjacent municipalities including the City of: Beaverton,Tualatin, Portland,Lake Oswego, King City, Durham and Washington County were notified of the proposed amendment and had no comment. Metro and Tri-Met were notified of the proposed amendment and had no comment. State Agencies including: the Oregon Department of Transportation was notified of the proposed amendment and had no comment. The Oregon Department of Land Conservation and Development (DLCD) was notified of the proposed amendment. Amanda Punton of DLCD commented about two proposed amendments to Section 18.775 Sensitive Lands. The comment was centered around natural resource issues and Statewide Land Use Goal 5. The code revisions include the addition of"construction of streets and utilities within existing right-of-way or expanded rights of way to City standards", as allowed activity in locally significant wetlands and riparian areas. According to Amanda, there would need to be Goal 5 findings to support this change as the expectation for allowed activities in wetlands and riparian areas differ under Goal 5. This amendment was deemed to be substantive and not appropriate to the Omnibus Package and was removed for further consideration. DLCD had no other comments. ggr/ /61,,f, May 26. 2009 PREPARED 14,4 Markus ' .d DATE Long Range Planning Intern L 'Al I I I (i4 May 29.2009 APPROVED BY: Dick Bewersdorf DATE Planning Manager DCA2009-00003 7/6/2009 Public I Tearing Staff Report to Planning Commission PAGE 27 OF 27 Tigard rianning Commission - Roll Call Updated May 14,2009 Hearing/Workshop Date: � - OcA Starting Time: COMMISSIONERS: Jodie Inman (President) David Walsh (Vice President) Tom Anderson Rex Caffall Margaret Doherty Karen Fishel Stuart Hasman Matthew Muldoon ✓ Jeremy Vermilyea Timothy Gaschke (Alternate) STAFF PRESENT: Dick Bewersdorff Ron Bunch Gary Pagenstecher Doreen Laughlin Cheryl Gaines John Floyd Jerree Lewis Duane Roberts Kim McMillan Sean Farrel ly Gus Duenas Darren Wyss Todd Prager Marissa Daniels CITY OF TIGARD PLANNING COMMISSION Meeting Minutes July 6, 2009 1. CALL TO ORDER President Inman called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Vice President Walsh; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, and Vermilyea Commissioners Absent: Alternate Commissioner Gaschke Staff Present: Dick Bewersdorff, Planning Manager; Hap Watkins, Assistant Planner; Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS— Tree Board report from Commissioner Walsh. Walsh reported the board is working on the Urban Forestry Master Plan (UFMP). He said John [Floyd] and Todd [Prager] will be getting back to them so they can give some feedback. 4. CONSIDER MEETING MINUTES 6-1-09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes; there were none, and President Inman declared the minutes approved as amended. 5. PUBLIC HEARING [Judicial] 5.1 Omnibus Code Amendment—Housekeeping Items DCA2009-00003 The City of Tigard is requesting approval of Development Code Amendments to promote consistency among the Code Chapters. PUBLIC HEARING OPENED Hap Watkins, Assistant Planner, presented the staff report on behalf of the City. [Staff reports are available for public review at the City one week prior to public hearings.] Watkins said this staff report covers scriveners errors, erroneous references, incorrect tables, legal issues as to what is allowed in commercial zones, an inclusion of Type I action for minor modification in the conditional use—which wasn't there before; basically a collection of things needing to be changed. Dick Bewersdorff gave some more background as to how PLANNING COMMISSION MEETING MINUTES—July 6,2009—Page 1 of 3 this came about. He noted most are minor corrections — not terribly significant. He then asked if there were any questions. QUESTIONS BY COMMISSIONERS None. PUBLIC TESTIMONY IN FAVOR—John Frewing 7110 SW Lola Lane,Tigard spoke. He said he was in support of the changes in large part, and has several additions that he'd like to be considered. Dick Bewersdorff asked that Frewing email those additions to staff so they can be considered in future "housekeeping" items. Frewing said he would email them to Bewersdorff. Frewing made a comment with regard to page 8 of 27 of the staff report. He questioned the wording "minor structures." There was some discussion as to what constitutes "minor structures". Frewing said the substantive issue he had was the fact that the word "roadway" was in there. He believed that raised the level to more than "minor". The commissioners decided to change the wording and leave the word "roadway" out. Thus, "Public support facilities" #117 will read "Services which are necessary to support uses allowed outright in the underlying zone and involve only minor structures such as underground utilities and construction of roadway improvements including sidewalks," etc. PUBLIC TESTIMONY IN OPPOSITION —No one signed up to speak in opposition and no other members of the public were present. QUESTIONS OF STAFF: Is there some sort of a rating on what a minor power line is and what isn't? No. So is that just an interpretation— and who would interpret? The City Engineer primarily. This is only regarding fatuities that are supportive of a permitted development. Major power lines would not fall under this definition. PUBLIC HEARING CLOSED DELIBERATIONS/MOTION President Inman noted the only change they'd decided on was page 8 of 27 of the staff report under "Public Support Facilities" where they decided upon the removal of the word "roadway." The following motion was made by Commissioner Caffall, seconded by Commissioner Vermilyea to recommend approval of the Development Code Amendment DCA2009-00003 including the amendment just approved; the removal of the one word ["roadway"]. The motion passed unanimously on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, Commissioner Vermilyea and Commissioner Walsh (9) NAYS: None (0) PLANNING COMMISSION MEETING MINUTES—July 6,2009—Page 2 of 3 ABSTAINERS: None (0) ABSENT: None (0) 6. OTHER BUSINESS None. 7. ADJOURNMENT President Inman adjourned the meeting at 7:28 p.m. ' (A C2 i'------—■ ' I I I M I N��.■■■ Doreen Laughlin, Planning Commillft Secretary 0K-- "4 A'1"1EST: President Jodie Inman PLANNING COMMISSION MEETING MIN W I S—July 6,2009—Page 3 of 3