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DCA2016-00003
CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16-P-2 AN ORDINANCE AMENDING CHAPTERS 18.130 (USE CATEGORIES), 18.510 (RESIDENTIAL ZONING DISTRICTS), 18.520 (COMMERCIAL ZONING DISTRIC'T'S), 18.610 (TIGARD DOWNTOWN PLAN DISTRICT), AND 18.620 (TIGARD TRIANGLE PLAN DISTRICT) FOR THE PURPOSE OF ADOPTING AN OMNIBUS AMENDMENT PACKAGE TO CLASSIFY ANIMAL it BOARDING AS A PERSONAL SERVICE USE CATEGORY, INCREASE HEIGHT LIMITS IN THE MAIN-CENTER SUB-AREA OF THE TIGARD DOWNTOWN PLAN DISTRICT, AND ALLOW MULTI-FAMILY DWELLINGS IN THE GENERAL COMMERCIAL ZONE WITHIN THE TIGARD TRIANGLE(DCA2016-00003). c J x4",2.611.-- e.,C .- . WHEREAS,the city has initiated an application to amend the text of Development Code; and WHEREAS, the purpose of the amendments is to address emergent development code issues regarding prohibition of animal boarding in commercial zones, height limits in the Tigard Downtown Plan District,and multi-family dwellings in the Tigard Triangle; and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.390.060.D and ORS 227.186; and • WHEREAS, the Tigard Planning Commission held a public hearing on October 17, 2016 and recommended by unanimous vote that Council approve the proposed code amendment, as amended by Planning Commission; and WHEREAS, the Tigard City Council held a public hearing on November 1, 2016 to consider the proposed amendments; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS, the Tigard City Council has determined that the proposed development code amendments are consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 16-,;23 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Council adopts the findings contained in the 'Planning Commission Recommendation to the City Council", dated October 10, 2016 and included as "Exhibit A"to this Ordinance. SECTION 2: Tigard Development Code (Title 18) is amended as shown in "Exhibit B" of the Planning Commission Recommendation to the City Council, except that Chapter 18.620 is amended as provided in "Exhibit B-i"rather than shown in Exhibit B. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By 2.1.2WAUIVOIS vote of all Co m bers present after being read by number and title only, this / day of L 1flI C4- ,2016. Carol Krager, City Recor APPROVED: By Tigard City Council this f S day of Arifi C1 v L. ,2016. Ai/ John ' . Zook,Mayor Approved as to form: City Atto , 1 ) a-fflo Date Certified to be a True Copyr Original on File By: a1. ? Duty Retiorder- erd Date: es be�/ , o, 16 • ORDINANCE No. 16- Page 2 Exhibit A Agenda Item: #1 Hearing Date: November 1.2016 Time: 7:301M PLANNING COMMISSION RECOMMENDATION TO THE :1111 • _ CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD SECTION L APPLICATION SUMMARY CASE NAME: OMNIBUS CODE AMENDMENT PACKAGE CASE NO.: Development Code Amendment(DCA) DCA2016-00003 PROPOSAL: The proposed legislative amendments to the Tigard Development Code PDC)would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building,under the personal services use category;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G)zone in the Tigard Triangle Plan District. The proposed text and map amendments for the City Council's review are included in Attachment 1,and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning),9 (Economic Development) and Goal 10 (Housing);Metro's Urban Growth Management Functional Plan, Tide 6, Tide 7, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1 10.1.5, 15.1, 15.2.1, 15,2.2, 15.2.6, and 15.2.7 ; and Tigard Development Code Chapters 18.380 and 18.390 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code text amendments (Attachment 1)with any alterations as determined through the public hearing process. OMNIBUS(;()O1:f1MD1?NI)MEN'1'1'A(:KA(;Ii DCA2016-00003 11/1/2016 PUBLIC I I1:AlRIN{;,STAFF REPORT T(1 THE CI EY COUNCIL I'h4;1i 1 OF 11 SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY Planning Commission is recommending for Council consideration an omnibus amendment package to address three emergent development code issues. These issues are being bundled together for administrative efficiency through one land use process. The three components are summarized below followed by a brief discussion of each item. Further discussion is provided in Attachment 1 of this report. 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building,under the personal services use category;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. DOG BOARDING AS A PERSONAL SERVICE USE Owners of dog boarding facilities expressed concern to Tigard City Council about the current regulations pertaining to the classification of boarding facilitates. According to TDC 18.130.060.8, the boarding of normal household pets is considered an "Animal-Related Commercial" use and is not allowed in the C-N (Neighborhood Commercial), C-C (Community Commercial),C-G (General Commercial), C-P (Professional Commercial), MU-CBD (Mixed-Use Commercial Business District), MUC (Mixed Use Commercial), MUE-1 and 2 (Mixed-Use Employment) and MUR-1 and 2 (Mixed Use Residential) zoning districts. Tigard City Council expressed interest in pursuing this further and asked staff to explore the option of allowing this use in commercial zones provided the impacts could be mitigated. Staff researched several cities to see how animal boarding was being regulated. The comparison of these regulations is listed below:. City Regulation o Consider overnight animal boarding to be an "animal boarding facility" • Conditionally permitted in industrial zones Lake Oswego • Not permitted in commercial zones o Consider doggy daycare to be"pet care,daily" • Conditionally or outright permitted in commercial zones, depending on the zone and whether or not it's fully indoors o Consider overnight animal boarding with 5 animals or more to be a "animal care,major" • Conditionally permitted in all commercial and industrial zones, Beaverton with the exception of one industrial zone which permits it outright • Not permitted outright in any zone o Consider doggy daycare and overnight animal boarding to be an "animal service facility" Hillsboro • Permitted outright, but only indoors in Neighborhood Commercial Zone • Permitted outright, subject to certain restrictions in General Commercial Zone (MINIBUS(:01W AAt1JIiNI)MI N'l'1',1(:K.1c;i: D:A2016-00003 11/1/2016I'KIRIJCHEARING,til':111 REIN)RT )'Mk are COUNCIL P. GE 2 OF 11 o Consider doggy daycare and overnight animal boarding (with the exception of animal breeding) to be"retail sales and service" Portland ' Permitted outright or subject to certain limitations in all commercial zones (except the Office Commercial 1 Zone) ■ Conditionally permitted in all industrial zones Based on the research provided above, a majority of the cities classify animal boarding facilities to be some kind of animal related service use with the exception of Portland, which classifies it more generally as service. Lake Oswego prohibits these facilities in all commercial zones, Beaverton allows them only through a conditional use review while Hillsboro and Portland allows them in certain commercial zones. Staff proposes to classify animal boarding facilitates as a "Personal Service" use when all the activities associated with the use,with the exception of parking, are completely enclosed within a building. If classified as a personal service use, animal overnight boarding facilitates would be permitted outright in C-N, C-C, C- G, C-P, MU-CBD and MUC commercial zoning districts and permitted subject to certain restrictions in the MUE, MUC-1,MUE-1 and 2 and MUR-1 and 2 commercial districts. Planning Commission expressed concern that if animal boarding is reclassified as a personal use service use, animal boarding could potentially occur in two residential zones, R-25 and R-40. To address this, Planning Commission revised the proposed amendment to specifically prohibit animal boarding in residential zones. To accomplish this directive, staff added language to footnote 11 in Chapter 18.510 that states "Animal boarding, even if enclosed within a building,is prohibited in residential zones". DOWNTOWN TIGARD PLAN DISTRICT HEIGHT LIMITS In 2010, a new Mixed Use-Central Business District (MU-CBD) zone was instituted. Rather than having a single height limit, the zone was broken down into sub-areas with different building and site development standards including building heights. The Main-Center sub-area centers on Downtown's historic Main Street. New buildings in the sub-area must include ground floors with commercial storefront features,with residential and commercial uses are permitted on upper floors.El Much of the rest of the MU-CBD zone retained the 80-foot height limit of the predecessor zone— the Central Business District (CBD). A 45- foot height limit was set in the Main-Center sub-area with the idea that taller buildings might present a visual conflict with the existing one and two story buildings on Main Street. The 45-foot height limit realistically only allows a 3 story building,due to the requirement that the ground floor in the Main-Center sub-area be 15 feet tall. This reduces the financial feasibility of new construction. Downtown Tigard is a focus area for redevelopment, with an urban renewal district in place. Several redevelopment studies have been undertaken, that have run financial feasibility models for new development. Taller buildings were found to be more financially feasible because more leasable square footage could offset the costs of new construction and the lower rental rates that can be presently achieved in the Downtown. Returning the 80-foot height limit that was in place for much of the Main-Center sub-area prior to 2010 is in keeping with the area's designation as a Metro Town Center,a focus area for transit supportive redevelopment. MULTI-FAMILY DWELLINGS IN THE TIGARD TRIANGLE The Tigard Triangle Plan District was adopted to develop a mixed-use employment area with a convenient ()NIMBUS(:()1)1z AMt1)1•:N1Th1EN r PACKAGE t)t'A2016-00003 11/1/2016PUBLIC]11i1]RIN(;,STAFF 121?PORI !O7'lI[:I:11Y{;(1vN(:11. PAGE 3( i 11 pedestrian and bikeway system. In addition,the Triangle is within a Metro designated Town Center. Zoning within this district includes both Mixed Use Employment (MUE) and General Commercial (C-G). Multi- family housing is permitted in the MUE zone at 25 units per acre;but is restricted in the C-G zone. The use is permitted only through a Planned Development process; which limits a maximum of 25% of the total gross floor area for multi-family use. Since the adoption of the Tigard Triangle district, housing development has been limited. However, as demand for housing increases in the Metro region, this is likely to change. In May 2015 the City along with citizens, property owners and businesses developed the Tigard Triangle Strategic Plan, which envisions a vibrant, walkable Triangle with a mix of uses. Plan participants emphasized the importance of providing a variety of housing choices and greater affordability within the Triangle. Amending the C-G restrictions on multi-family in the Tigard Triangle will encourage housing development that supports the vision for the Triangle and eliminate barriers for providing much needed work-force and affordable housing. The proposed amendment is limited to the C-G zone within the Tigard Triangle; thus multi-family will still be restricted in C-G zones in other areas of the city. PROPOSED AMENDMENTS Amend the Tigard Development Code as proposed; o Text Amendments to Chapter 18.130 (Use Categories) to amend the "Animal-Related Commercial" use category to allow overnight boarding as a "Personal Service" use when all activities,with the exception of parking,are completely enclosed within a building. o Text Amendments to Chapter 18.510 (Residential Zoning Districts) to amend footnote 11 of Table 18,510.1 with language that states"Animal boarding,even if enclosed within a building,is prohibited in residential zones". o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend 18.610.020.A.1, the sub-area description for Highway 99 and Hall Boulevard Corridor, to correct a typo on line seven by changing "eight stories" to "45 feet" to make the description consistent with the MU-CBD Development Standards Matrix;Table 18.610.1. o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend the maximum height standard for the Main-Center sub-area in the MU-CBD Development Standards Matrix; Table 18,610.1, from 45 feet to 80 feet. o Text Amendments to Chapter 18.520 (Commercial Zoning Districts) to amend footnote 11 of Table 18.520.1 in order to remove the requirement for a Planned Development Review for multi-family housing within the C-G zone within the Tigard Triangle Plan District. o Text Amendments to Chapter 18.620 (Tigard Triangle Plan District) to add a new Section that would allow multi-family dwelling units in the C-G (General Commercial) zone. SECTION IV. APPLICABLE CRITERLA, IND1NGS AND CQNCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. OMNIBUS CODE AMl)EN13MENT PACKAGE I)CA2016--00003 11/1/2016 PUBLIC I11',AAING,511A1;I:REPORT*10'fl I1{CIl'l'COUNCIL. PAGE 4 OF 11 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal seeks to provide a variety of needed housing types. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10.1 and associated policies. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the ME'TRO's Urban Growth Management Functional Plan,only applicable Tides are addressed below. Title 6: Central City, Regional Centers,Town Centers and Station Communities C)!tNIHVS COD): . Ml)I?N1)1111:N'J'1',V'K.1C,13 1)[;.12016-00003 I1/1/2016PUBLIC lIF..ARING,STAFF RI:PC)R'1''1'1) IIIl:ci'r f:OVNC.11. 1'.1(11(5 c1'11 Requires local jurisdictions to adopt land use and transportation plans that are consistent with Metro guidelines for designated Town Centers. FINDING: The Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center. Centers are defined as "compact, mixed-use neighborhoods of high-density housing, employment and retail that are pedestrian-oriented and well served by public transportation and roads." Downtown Tigard is also a designated Station Community. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new buildings that will help achieve "compact, mixed-use neighborhoods of high-density housing,employment and retail."This tide is satisfied. Title 7—Housing Choice: This goal ensures that Comprehensive Plans and implementing ordinances provide for a diverse and affordable range of housing. FINDING: The proposed amendment will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review. The proposed code amendment will make the process for permitting this type of development timelier and less costly. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new mixed use buildings with upper floor residential that will help provide for a more diverse and affordable range of housing near the transit center in Downtown Tigard, a Metro designated Town Center where new housing will be focused.This tide is satisfied. Title 8—Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This title has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28,2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided.This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan,only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1:Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the OMNIBUS CODE AMDEENMEN'I'PACKAGE I)CA2016 00003 11/1/2016 PUB].1C I IEA RING,STAFF RI:POR'l"I'(1'1'1IH CITY COUNCIL. PAGE 6 OF 11 land use planning process. FINDING: This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28,2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING: The proposed text amendments will allow for a variety of uses to be located within the City which will result in more taxable economic activity to occur. The proposal includes allowing animal overnight boarding to be a permitted use in most commercials zone. The increase in heights in the Main Street sub-area will also provide for more diverse land uses that may occur downtown. Eliminating restrictions on affordable housing in the Triangle will encourage development of more housing in the district. This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments do not change the requirements for developments to comply with site design/development regulations. All development shall continue to conform to all regulations. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments allowing animal overnight boarding to be allowed in most commercial zones when the associated activities, with the exception of parking, is completely enclosed within a building. Impacts such as noise and odor, which can result from this type of business is mitigated by the activities being completely contained within a building. This use would not generate greater impacts than other commercial OMNIBUS COIN:.1M1)1.:Nt)MI.Nf1'P 1CK.1(;1: 1)(.12016-00003 11/1/2016 PUBLIC iii RING.S'!'.11'I'R1.3,010.1'0 i t t:Ot'N(:II. PAGE:701.11 1 uses that are currently permitted in commercial zones.This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Policy 9.1.5 The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. The City has taken several actions to focus growth in its Metro designated Town Center (Downtown and the Tigard Triangle) where there is much vacant and underutilized land. The raising of the height limit in the Main- Center sub-area would increase the financial feasibility of redeveloping underutilized properties in the area. This policy is satisfied. Policy 9.1.3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. FINDING: The proposed amendments will remove the requirement for a Planned Development review for multi-family housing within the Tigard Triangle Plan District, which will enable housing projects to be approved through a timelier and less costly process. This policy is satisfied. Policy 9.1.12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economy. FINDING: The raising of the height limit in the Main-Center sub-area would promote livability in the downtown by encouraging new development in an area with good walkability, transit access and proximity to the regional Fanno Creek Trail. This policy is satisfied. Policy 9.3.1: The City shall focus a significant portion of future employment growth and high-density housing developments in its Metro-designated Town Center (Downtown); Regional Center (Washington Square);High Capacity Transit Corridor(Hwy 99W); and the Tigard Triangle. FINDING: The proposed amendments enable multi-family housing to occur in the Tigard Triangle Plan District in a timelier and less costly manner. Raising the height limit in the Main-Center sub-area of the Downtown will provide for higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown).This policy is satisfied. Comprehensive Plan Goal 10: Housing Policy 10.L1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that met the needs, preferences and financial capabilities of Tigard's present and future residents. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review, which limits multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly. This amendment would assist in providing affordable housing. Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will increase the financial feasibility for higher density housing and mixed use development near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Policy 10.1.5: The City shall provide for high and medium density housing in the areas such as town OMNIBOOS CODE Ars41)ENDAIIiNT PACKAGE DCA2016-00003 11/1/2016 PUli1.1C 1[I?.11uIN(;,SIAM'KIM)1YI"iY 1'11II:CITY t:OI)NCII. IEE 8 OE 11 centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, conunercial services, transit and other public services necessary to support higher population densities are either present of planned for in the future. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District, which is part of the Tigard Town Center. Currently, the code only allows this type of development through a Planned Development review. The Planned Development regulations limit multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly and encourage more affordable housing development within the Triangle. Raising the height limit in the Main-Center sub-area of the Downtown will support higher density housing near the Tigard Transit Center in a Metro-designated Town Center(Downtown).This policy is satisfied. Special Planning Area- Downtown Goal 15.1 The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes 9 natural resources as an asset, and features a combination of uses that enable people to live,work,play, and shop in an environment that is uniquely Tigard. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District,will increase the feasibility of redevelopment that will create a vibrant and active urban village. This goal is satisfied. Policy 15.2.1: New zoning, design standards, and design guidelines shall be developed and used to ensure the quality, attractiveness, and special character of the Downtown as the "heart" of Tigard, while being flexible enough to encourage development. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will allow more flexibility in development by permitting taller buildings while still ensuring the quality, attractiveness, and special character of the Downtown. This policy is satisfied. Policy 15.2.2: The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail, restaurants, entertainment and personal services;[]B. medium and high-density residential uses, including rental and ownership housing-,'T]C. civic functions (government offices, community services, public plazas, public transit centers, etc) D. professional employment and related office uses; and E.natural resource protection,open spaces and public parks. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will facilitate the development of a mix of complementary land uses, by making such development more financially feasible. This policy is satisfied. Policy 15.2.6: New housing in the downtown shall provide for a range of housing types, including ownership, workforce, and affordable housing in a high quality living environment. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will improve the financial feasibility of mixed use buildings with upper floor residential and so provide for a range of housing types in the downtown. This policy is satisfied. Policy 15.2.7: New zoning and design guidelines on Main Street will emphasize a "traditional Main (111NUH1)S Cc)1)1.A M1)EN13N1,iN 1 PACK\G1. 1)CA2016-GODO3 11/1/2016 1't i t1.Ic:111•AWN(;,STA1.1:R111'010"'10"1111'.(:1'1.1'Cul7N(`1.1. P_I(;1:9 01.11 Street"character. FINDING: Many communities in Oregon have traditional Main Streets that allow buildings taller than 45 feet. Design standards including window coverage, traditional storefront appearance will remain in place and will ensure that new buildings to provide a"traditional Main Street character." This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.380: Zoning Map and Text Amendments 18.380.020 Legislative Amendments to this Title and Map Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. Section 18.380: Decision Making Procedures 18.390.060 Type IV Procedure 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. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan;applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, METRO, DOGAMI, ODOT, DLCD, DEQ, ODFW, CWS, and Tri- Met were notified of the proposed code text amendment but provided no comment. OMNIBUS(:o1)I?AMDI N1)MEN1'I'A(:KA(;I, DCA2016-00003 11/1/2016 PUBLIC 11T•:ARIN(;,STAFF IF CITY C(OUN(:II. 1'\(;Ii 10 OF 11 ODOT provided comments stating they have would like to review the City's Transportation Planning Rule (TPR) 0060 findings. Staff stated that they will provide the findings as soon as they arc received from the consultant. Tualatin Valley Fire and Rescue provided comments stating that they reviewed the proposal SECTION VI. PUBLIC COMMENTS The City received two phone calls inquiring more details on the code amendments and how the regulations were proposed to change. Staff provided additional information and invited them to attend the public hearings. The Planning Commission heard testimony from four citizens at the public hearing on August 15, 2016. Two citizens spoke in favor of the amendments,one was neutral and the fourth was against the change to the Tigard Triangle Plan District. The testimony was considered by the Planning Commission as they formed their recommendation to Council to approve the proposed amendments. The Commission also decided to make amend Issue 1 as proposed by staff. The Commission directed staff to add language that prohibits overnight dog boarding in residential zones. The Planning Commission Minutes are included as Attachment 2. ATTACHMENTS: Attachments: 1. Draft Text Amendments a. 18.130 Use Categories and 18.510 Residential Zoning Districts b. 18.610 Tigard Downtown Plan District c. 18.520 Commercial Zoning Districts and 18.620 Tigard Triangle Plan District 2. Draft October 17,2016 Planning Commission Minutes gat&t' October 19 2016 PREPARED BY: es Kowacz DATE Associate Planner ";,629/44 / �l`e? October 19._2016 APPROVED B\': Torn McGuire DATE Assistant Community Development Director m1NIt1t2SC;()I)l:.S\tl)i N! NIENi PACKAGE 1)(::12016-00003 11/1/3016 PURIM:I11?ARING,STAFF.11'I'i(1:P()1t'1"1()'11It:(;I411 COUNCIL PAGE 11 ()1:11 Attachment 1.a DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Wig-—Text to be deleted [Bold, Underline and Italic] —Text to be added Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Rated Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a j single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building,shall be considered Personal Service. Except from Chapter 18.510 RESIDENTIAL ZONING DISTRICTS TABLE 18.510.1 USE TABLE:RESIDENTIAL ZONES Attachment 1 a Personal Service is restricted (R) in the R-25 and R-40 zone and is subject to Footnote 11 as follows: 11 1] Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. Animal boarding, even if enclosed within a building, is prohibited in residential zones. Attachment 1.b DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: St,riliethtettgh-—Text to be deleted (Bold, Underline and Italic] -Text to be added Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown.District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. I. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor.The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings,to mixed use buildings up to e 45 feel tall with retail on the ground floor and residential and/or office uses above. � I 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. Attachment 1 b 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. Attachment 1,b Map 18.610.A: Tigard Downtown Plan District Sub-Areas I Tigard Downtown Plan District Sub-Areas 1 „rosnRenawalTIslrict ' 6_ .!! ".M.Hall Farr*-Burnham Ma nLenter o A5c.015-Conmtett at 0 N Stilton Atea(Vere) FCsi- .c., _Aga 0111111 1 211 IN la, ,, / '- ,,`•-•?,/"-/-4,?, iialk , t •, t5 • J rr Note: for standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for development Bordering Urban Plaza. t Attachment 1 b 13. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. 1. Development standards matrix.See Table 18.610.1 and Map 18.610.A, Table 18.610.1 MU-CBD Development Standards Matrix 1,1 3 S'TANDARD SUB-AREAS Main Street 99W/llall Corridor Scoffins/Commercial Fanno/Burnham (MS) (9911) (Sc) (FB) Front setback — 0/5 ft. Minimum 0 ft. (5 ft.for frontage on 0 ft. 0 ft. 99W) Maximum 10 ft. 25 ft. 20 ft. 20 ft. Side facing street on corner and through lots Minimum 0 ft. 0 ft. 0 fl. 0 ft. Maximum 10 ft. N/A N/A N/A Sidcyard Minimum/maximum N/A N/A N/A N/A Rear setback Minimum 0 ft. 5 ft. 5 ft. 5 ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum 4380 ft. 45 II. 80 ft. 80 ft.' Ground floor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping° 0%5 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimum" 25 25 25 15 Maximum 50 50 506 506 This table does not apply to existing development.All new buildings in the district must meet these development standards, including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040. Special Requirements for Development Bordering l irban Plaza. ' See also Section 18.610.045,Exceptions to Standards. 4 In the MU-CBD zone, required landscaping can he provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. 5 1.andscaping/screcningrequirements for parking lots must he met. h Station area overlay permits a maximum of 80 units per acre(see Map 18.610A). ' 45 feet within 200 feet of Fanno Creek Park. boundary(see Map 18.610.A) or within 50 feet of low or medium density residential district. Minimum density applies to residential-only development(not mixed usc). Attachment 1.b 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. OOO000DOO000Oo0000Oo000e000000.0001•O100 n ! 0 a a I o 4 a s 1 4 a e o e aI • I 0 • a I 0 0 0 o a a • 0 a Ie 8 0 co O . __ `0',) :•u) I Parking on the side or raer of buildings :1..1 landscape standard Mat.50*of site frQa,ge larsdscape not requite Along shared prop.We Man.1 Q'setback 0 5ar C h 18.745 for screening and land f op(tg;NU wawa B.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. Attachment 1.b c, Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: I. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. t V 3 5 WI mak.vquipnwni height Fquipmern set hack wan 5leet B.3 Roohop features/Equipment Screening Ei' [ Attachment 'i.b 11 III 0 e f 1 /I • '1t Pf gh 0 xarn made of primary Wolof finish mow W,wood or anesorrr B.3.d.(1)Rooftop Features/Equipment Screening(architectural screen) Q k1 P •N+W� 1 COGNstri roof'Prtums with megrim B.3,d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment.Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW, public spaces,and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or i Attachment 1.b b. Set back from the street-facing elevation so it is not visible from the public ROW;or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained,(Ord. 15-05 §2;Ord. 13-04 §1; Ord. 12-13 §1;Ord. 10-02§2) Attachment 1.c DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting. St:ilfetroegnr—Text to be deleted [Bold, Underline and Italia —Text to be added Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES Household living in the C-G zone is restricted (It) and subject to Footnote 11 as follows: [11] A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it is permitted outright. Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G zone.Minimum and maximum density requirements do not apply to these developments. ] EXHIBIT B Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use, 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building, shall be considered Personal Service. Use Categories 18.130 Proposed Code Amendment DCA2016-00003 EXHIBIT B Excerpt from Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.030 Uses A. Lopes of uses.For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230. 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions. 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230. 4. A prohibited(N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510 Proposed Code Amendment DCA2016-00403 EXHIBIT B TABLE 18.510.1 USE TABLE USE CATEGORY R-I R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C R'/C R'/C R'/C R1/C R'/C R'/C R'/C Transitional Housing N N N N NC CC Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single. Units. Attached N N N R' R9/C P P P Single Units. Detached P P P P P P P P Accessory Units R' R3 R3 R3 R3 R3 R1 R3 Duplexes N N C C P P P P Multifamily Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C CCCC Community Recreation C C C C CCCC Cultural Institutions N N C C CCNN Day Care P/C5 P/C5 P/C5 P/C5 PICS P/C5 PIC5 P/C5 Emergency Services C C C C CNN N Medical Centers N N C C CCCC Postal Service N N N N NNNN Public Support Facilities P P P P PP P P Religious Institutions C C C C CC CC Schools C12 Cu C'2 C12 C:2 C12 C12 Cu Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N NNNN Custom Arts and Crafts N N N N NNNN Eating and Drinking Establishments N N N N NNNN Major Event Entertainment C13 C13 C13 C'3 C'3 C'3 C'3 C13 Outdoor Entertainment N N N N NNNN Indoor Entertainment N N N N NNNN Adult Entertainment N N N N NNNN Sales-Oriented N N N N N N R" R" Personal Services N N N N N N R" R" Repair-Oriented N N N N N N R" R" Bulk Sales N N N N NNNN Outdoor Sales N N N N NNNN Animal-Related N N N N NNNN Motor Vehicle Sales/Rental N N N N NNNN Motor Vehicle Servicing/Repair N N N N NNNN Vehicle Fuel Sales N N N N NNNN Office N N N N NNNN Self-Service Storage N N N N NNNN Non-Accessory Parking N N N N N CI C;° C'° Residential Zoning Districts 18.510 Proposed Code Amendment DCA2016-00003 EXH'iBlT B TABLE 18.510.1 USE TABLE(coned) USE CATEGORY R-1 R-2 R-3.5 R-4.5 11-7 14-12 R-25 R-40 INDUSTRIAL Industrial Services N N N N N N N N Light Industrial N N N N N N N N General Industrial N N N N N N N N Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Ilorticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N 1 Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 PIR' PIR' P/R7 PIR' P/R7 P/R7 PIR' Transportation/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Pennitted subject to requirements Chapter 18.742, 3Permitted subject to compliance with requirements in 18.710. 'Except water,storm,sanitary sewers,and other underground infrastructure facilities, which are allowed by right. 51n-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 'When an agricultural use is adjacent to a residential use,no poultry or livestock,other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798,Wireless Communication Facilities, for requirements for permitted and restricted facilities. 'Attached single-family units permitted only as part of an approved planned development. 'Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 1'Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects,not to exceed 10%of total gross square feet of the building. Animal boarding,even if enclosed within a building,is prohibited in residential zones. '2Sc'hool bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is three years. An extension to the time limit is possible through a major modification to the conditional use. "Permined as a conditional use on public school sites.(Ord. 15-05 §2;Ord. 10-15§1;Ord.07-12;Ord.07-05) Residential Zoning Districts 18-510 Proposed Code Amendment DC'A2016-00003 EXHIBIT B Chapter 18.610 TIGARI)DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and 1-fall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. it will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings, to mixed use buildings up to 45 feet tall with retail on the ground floor and residential and/or office uses above. 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. EXHIBIT B Map 18.610.A: Tigard Downtown Plan District Sub-Areas I Tigard Downtown Plan District I a Sub-Areas –_–, Urban RanewalCielr ct • - WWHafl — Ferro-Burnham Men-Colter Sotfins-Camrerri al C Stator Atea DVenay ��(+ fi tea 4411111111111iiii�� 1111 \AI dill. Z � �4�aN4� �rl 1111111° 411: ) s� y4 S ( J 31 • Note: for standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. EXHIBIT B B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. 1. Development standards matrix. See Table 18.610.1 and Map 18.610.A. Table 18.610.1 Mil-CBD Development Standards Matrix 1.2'3 STANDARD Sl]B-AREAS Main Street 99W/flail Corridor Scoff-ins/Commercial Fanno/Burnham (MS) (991-1) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft for frontage on 0 ft. 0 ft. 99W) Maximum 10 ft. 25 ti. 20 ft. 20 ft. Side facing street on corner and through lots Minimum 0 f. 0 ft. 0 ft. 0 f. Maximum 10 fl. N/A N/A N/A Sideyard Min imum/maximum N/A N/A N/A N/A Rear setback Minimum 0 ft. 5 ft. 5 ft. 5 ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum 80 ft. 45 ft. 80 ft. 80 fl.' Ground floor height minimum 15 1i. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping° 0%s 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimums 25 25 25 15 Maximum 50 50 506 50° This table does not apply to existing development.All new buildings in the district must meet these development standards. including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040. Special Requirements for Development Bordering Urban Plaza. 3 See also Section 18.610.045.Exceptions to Standards. ° In the MU-CBD zone. required landscaping can be provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. Landscaping/screening requirements for parking lots must be met. ° Station area overlay permits a maximum of-80 units per acre(see Map 18.610A). 45 feet within 200 feet of Fenno Creek Park boundary (see Map I8.610.A) or within 50 feet of low or medium density residential district. Minimum density applies to residential-only development(not mixed use). EXHIBIT B 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street,parking areas must be behind a landscaped area constructed to an L-I standard. 1 d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. oO44O44o400oD000o00O000Oo0-OoOOOoDooOima • • a a I • • o o 0 0 • O 1 0 o I 0 o n 0 • 1 8 • O • 0 O EL 4 • O • • $ p • r,f -- +I- . __. 1 R __ • ,d.�_- � __ . Parking on the ride or rear of bu ldki L-1 landscape standard MM.50%d site frontage Landscape not required along shared prod line M1n.10'relbads 01See 0011.745 for SOWN and bndtnpng requirements B.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. EXHIBIT B c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. 3 0, 4 ,vow Os hot 111.1 uqufprn c1 height 0 FitpJpeierrt set back min,5 feet 6.3 Rooftop Features/Equipment Screening EXHIBIT B r.7 Vey, 0 Sawn mode pdrnary e i rkx finish in etp ,wood,or masonry B.3.d.(1)Rooftop Features/Equipment Screening(architecture!screen) 4 "{A; b� P • I 0 Croon rod&mums with morgnen rofige B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW, public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or EXHIBIT B Excerpt from Chapter 18320 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18320.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements. exceptions or restrictions. 3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapter 18.370. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. 4. A prohibited(N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in commercial zones is presented in Table 18.520.1. 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 state building code. 2. All freestanding and detached towers, antennas. wind-generating devices and TV receiving dishes, except as otherwise regulated by Chapter 18.798, Wireless Communication Facilities, shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening,shall be provided and maintained around these structures and accessory attachments. (Ord. 10-15 §1; Ord. 09-13) Commercial Zoning Districts 18.521 Proposed Code Amendments DCA 2016-00003 EXHIBIT B TABLE 18.520.1. USE TABLE:COMMERCIAL ZONES e USE CATEGORY -C-N11,11 C-Cm 1111 C-G C-P AMU- MUE1261 MUC-I MUCI211 MUE MUR 1 :r CBD119.3e1 1 and 2" 1 and 21111 — RESIDENTIAL • Household Living N R161 R1"1 R P R12'1 Pft61 _ P P P Group Living N N C N P N C _ RP'1/C RI-IIC Rt291fC Transitional Housing N N C N C N C C C C Home Occupation RP) RP] RI21 R121 RP1 RP] P RI21 VI RPI HOUSING TYPES _ Single Units,Attached _ N/A N/A N/A N/A P ' N/A N/A RI3nl RIM P Single Units,Detached N/A N/A N/A N/A N/A N/A N/A RIM RIM R1301 Accessory Units N/A N/A N/A N/A N/A N/A N/A VII R13I1 R1311 i Duplexes N/A N/A N/A N/A N/A N/A N/A RIM --RIM P Multifamily Units N/A N/A N/A N/A P N/A NIA P _P _ P Manufactured Units N/A N/A N/A N/A P N/A N/A N N N Mobile Home Parks,Subdivisions N/A N/A N/A N/A R1261 N/A N/A N N N CIVIC(INSTITUTIONAL) _ Basic Utilities C C1321 CI}2] - 1 C C 1 C C Cim 01321 CI321 Colleges N N N N _P 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 Cary P P P P 'P P P P P P/0133! 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 iN Public Support Facilities P P P P P P P P P P Religious Institutions C C P P P P P P P C Schools N N N N P C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL — _ Commercial Lodging N N P R'm P P P P P N Custom Arts and CraftsN N N N _ P1'91 N N N N N Ealing and Drinking Establishments C P P RII'l P P P P P R1•'""131 Commercial Zoning Districts /8.520 Proposed Code Amendments DCA22O15-00003 • EXHIBIT B USE CATEGORY C-N11.41 C-C1'1°j C-G C-P MU- MUE" MUC-1 MUCI2"I MUE MI1R CBDI1931t n 1 and 212"1 I and 21" COMMERCIAL(conl'd.) Major Event Entertainment N N C N C N C C N N Outdoor Entertainment N N P RPM . C N N C N N Indoor Entertainment P P _ P P P P P P ,P N Adult Entertainment N N C i N N N N C N N Sales-Oriented P WI P R{151 P/RI''I RP) Rix:51 P 1121221 vim] Personal Services _ P P P P P RP�1 R1251 P RP) R134/151 Repair-Oriented P P A N P R1��) R125- R1221 R12�1 N Bulk Sales N N A N RPM RI") R" R( R''1` �N Outdoor Sales - N N P N N N N N N N Animal-Related _ _ N N N N N P P N N N Motor Vehicle Sales/Rental N N P/C11�1 N R11d1 N N 81141 RI2mm N Motor Vehicle ServicinglRepair N CI"1 P/C1121 N C RI") R1251 N N N 1 Vehicle Fuel Sales C C C N 1 R1461 N C C C N Office P R191 P P P P P P P RI"n`t Self-Service Storage N N C N RP') N N N N N Non-Accessory Parking ' C C P P P P P P P N INDUSTRIAL Industrial Services N N N ' N N N N N N 'N Light Industrial ! N N N N N RII1 N _ N R" N General Industrial N N N N N N N N N 'N Heavy Industrial N N N ' N N N N N N N Railroad Yards N N N N N N N N N N Research and Development N N N N C RI2`1 RI2+1 N R1231 N Warehouse/Freight Movement N , N N N N R1241 N N RI2it4I N Waste-Related N N N N __ N N N N 'N N l Wholesale Sales N N N N N N N N RPR41 N OTHER _ Agriculture/Horticulture N N d N N N N N Cemeteries N N 1 N N N N N Detention Facilities N N C N C N N Heliports N N C C N N N Mining N N N N N N N Commercial Zoning Districts 11.520 Proposed Code Amendments D(A1016-00003 EXHIBIT B USE CATEGORY C-N11'41 C-Cls,ml C-G C-P MU- MUE1°1 MUC-1 MUClarl MUE MUR CRDM'3°l 1 and 21241 1 and 2111 OTHER(cont'd.) Wireless Communication Facilities P/R1'1 P/RI's PIRI31 PfRt'1 P/Rt'l P/RI31 PIRt"t Transportation/Utility Corridors P P P P P P P P P P P=Permitted R=Restricted C.—Conditional Use NA=Not Applicable N=Not Permitted Commercial Zoning Distrix 18.520 Proposed Code Amendments DCA2016-00003 [1] All permitted and conditional uses subject to special development standards contained in 18 520.050 A. [2] Permitted subject to requirements Chapter 18 742 [3] See Chapter 18 798 Wireless Communication Facilities.requirements for permitted and restricted facilities [4] Uses operating before 7 a.m and/or after 10 p m are conditional uses. [51 MI permitted,limited and conditional uses must mat special development standards in 18.520.050.13. [6] Residential units permitted by right,as a mixed use in conjunction with a commercial development,on or above the second!loot of the structure,at densities not to exceed 12 units/net acre [7] Limited to 10,000 gross square feet in size,except retail food and beverage outlets,which are limited to 0,000 g oss square feet or less. [8] limited to motor vehicle cleaning only. [9] When combined in single structure,each separate estabbshrnent shall not exceed 5.000 gross square feet. [10] Uses operating before 6 a m and/or after 11 p m.;or drive-up windows are conditional uses 111] A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use Multifamily housing is permitted es part of a PD,subject to Chapter 18 350, unless located within the Tigard Triangle Plan District,where it is permitted outright. 112) Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles arid boats permitted conditionally [131 (Deleted by Ord.09-13) [14; Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. [15] As accessory to offices or other permitted uses,the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20%of the entire square footage within the development complex. [16] May not exceed 10%of the total square footage within an office complex. [l7) Single-family attached and multi-family residential units,developed at R-40 standards,except the area bounded by Fanno Creek, Hall Boulevard O'Mara,Ash Avenue and Hill Street,within which property zoned for CHID development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the It-12 District standards [18] Motor vehicle cleaning only 119] Drive-up windows are permitted to continue if the property had one lawfully in existence prior to the adoption of the MU-CBD designation Otherwise.not permitted. 120] All permitted and conditional uses subject to special development standards contained in 18 520,050 C. [21] Multifamily residential,at 25 units/gross acre,allowed outright. Pre-existing detached and attached single-family dwellings are permitted outright. [22) New retail and sales uses may not exceed 60;000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle 123] All activities associated with this use,except employee and customer parking,shall be contained within buildings 124] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use,and does rot exceed the floor area of the permitted use. [25] Permitted provided the use is no larger then 60,000 square feet of gross floor area per building or business [261 Household living limited to single units, attached, and multifamily including but not limited to apartments, attached condominiums, townhouses and rowbouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre [27] Wireless only as attached to structure within height limit,see Chapter 18.798, [28] Al!Permitted and Conditional Uses subject to special development standards contained in Chapter 18,630. [29] Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use 1301 Pre-existing housing units permitted Conversion of pm-existing housing units to other uses is subject to the requirements of Chapter 18.630. [311 Permitted for pre-existing housing units,subject to requirements Chapter 18 710. [32] Except water,storm,sanitary segs,and other underground infrastructure facilities,which are allowed by right. [33] In-home day care which meets all state requirements permitted by right, freestanding day care centers which meet all state requirements permitted conditionally. [34] This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50%of the total floor area within the mixed-use development,and shall be permitted only when minimum residential densities are met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3/28/2002) The exempted properties are identified as assessor map number IS I 35AA-00400,1 s 135AA-01400, I S 135AA-01900, IS I AA-01901, 15135DA-02000,I S 135AA. 02500. 1SI35AA-02600,1SI35AA-02700, IS I35DA-01900,and 151DA-02000.These parcels,or parcels created from these parcels,after the effective date of this ordinance,may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR-2 zones. [35] The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan{3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400, ISI35AA-0i400, ISI35AA-01900, IS IAA-0I901, ISI35DA-02000, IS135AA-02500, 1S135AA-02600, ISI 35AA-02700, 1 S 135DA-01900,and I S I DA-02000.On these parcels,or parcels created from these parcels,after the effective date of this ordinance,a commercial development is not limited to a specific square footage,however,all other dimensional standards of the MUR- 1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development 1361 Only for properties that were lawfully in existence(as permitted,conditional,or planned development)prior to the adoption of the MU- CBD designation. 371 New retail and sales uses may not exceed 60,000 square feet of gross leasable area per building in all subareas except 99W/Hall Corridor subarea (See Map 18.610.A) [381 All developments subject to Chapter 18610,Downtown Urban Renewal Standards,and Map 1/1610 A. [39) Custom Arts and Crafts uses may not exceed 500 square feet of production arca (Ord. 15-05 §2;Ord. 10-15 §1;Ord. I0-02 §2;Ord. 09-13;Ord.02-32 Commercial Zoning Districts 18.520 Proposed Code Amendments DCA2016-00003 EXHIBIT B Excerpt from Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT 7.)/ 1 T)Cie 6_, Sections: . c'e B d 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G zone through a Planned Development review. Minimum and maximum density requirements do not apply to these developments. The floor area limit on multifamily development provided for in I8.350.040.C.2. shall not apply. Tigard Triangle Plan District 18.620 Proposed code Amendment DC92016-00%3 EXHIBIT B-1 Excerpt from Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts,multifamily dwelling units are permitted in the C-G zone through a Planned Development review. Minimum and maximum density requirements do not apply to these developments. The floor area limit on multi-family development provided for in 18.350.040.C.2. shall not apply. Tigard Triangle Plan District 18.620 Proposed Code Amendment DCA2016-00003 re onDepartment of Land Conservation and Development ��i • 635 Capitol Street NE,Suite 150 ribAamws „O • Salem,Oregon 97301-2540 Kat eBrown,Governa Phone:503-373-0050 Fax:503-378-5518 www.oregon.govfL D NOTICE OF ADOPTED CHANGE TO A wows COMPREHENSIVE PLAN OR LAND USE REGULATION kom+mi Date: November 14, 2016 Jurisdiction: City of Tigard Local file no.: DCA2016-00003 DLCD file no.: 004-16 The Department of Land Conservation and Development(DLCD)received the attached notice of adopted amendment to a comprehensive plan or land use regulation on 11/14/2016. A copy of the adopted amendment is available for review at the DLCD office in Salem and the local government office. Notice of the proposed amendment was submitted to DLCD 35 days prior to the first evidentiary hearing. Appeal Procedures Eligibility to appeal this amendment is governed by ORS 1.97.612, ORS 197.620, and ORS 197.830. Under ORS 197.830(9), a notice of intent to appeal a land use decision to LUBA must be filed no later than 21 days after the date the decision sought to be reviewed became final. If you have questions about the date the decision became final, please contact the jurisdiction that adopted the amendment. A notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR chapter 661, division 10). If the amendment is not appealed, it will be deemed acknowledged as set forth in ORS 197.625(1)(a). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. DLCD Contact If you have questions about this notice, please contact DLCD's Plan Amendment Specialist at 503- 934-0017 or plan.amendments(rstate.or.us DLCD FORM 2 NOTICE OF ADOPTED CHANGE • b ci TO A COMPREHENSIVE PLAN OR File No.: .•.•.•. LAND USE REGULATION Received: LAN I a, . _ AND DEVELOPMENT Local governments are required to send notice of an adopted change to a comprehensive plan or land use regulation no more than 20 days after the adoption. (See , I , t ! I ,),The rules require that the notice include a completed copy of this form. This notice form is not for submittal of a completed periodic review task or a plan amendment reviewed in the manner of periodic review.Use I ,,,_; for an adopted urban growth boundary including over 50 acres by a city with a population greater than 2,500 within the UGB or an urban growth boundary amendment over 100 acres adopted by a metropolitan service district.Use } , Ifor an adopted urban reserve designation, or amendment to add over 50 acres, by a city with a population greater than 2,500 within the UGB. Use II 11, r, with submittal of an adopted periodic review task. Jurisdiction: Tigard Local file no.: DCA2016-00003 Date of adoption: 11/1/2016 Date sent: 11/9/2016 Was Notice of a Proposed Change(Form 1) submitted to DLCD? Yes: Date(use the date of last revision if a revised Form 1 was submitted): 9/12/2016 No Is the adopted change different from what was described in the Notice of Proposed Change? Yes No If yes,describe how the adoption differs from the proposal: The proposal was to remove therequirement for a planned dvelopment review and the limitation of 25%of floor areas for multi-family units in the C-G zone within the Tigard Triangle.The amendment was revised to remove the floor area limitation but keep the planned development review. Local contact(name and title): Agnes Kowacz Phone: 503-718-2429 E-mail: agnesk@tigard-or.gov Street address: 13125 SW Hall Blvd City: Tigard Zip: 97223- PLEASE COMPLETE ALL OF THE FOLLOWING SECTIONS THAT APPLY For a change to comprehensive plan text: Identify the sections of the plan that were added or amended and which statewide planning goals those sections implement,if any: For a change to a comprehensive plan map: Identify the former and new map designations and the area affected: Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Location of affected property(T, R, See.,TL and address): The subject property is entirely within an urban growth boundary littp://www.o egon.gov/i.CDJPages/lojins-asux -1- Form updated November 1,2013 The subject property is partially within an urban growth boundary If the comprehensive plan map change is a UGB amendment including less than 50 acres and/or by a city with a population less than 2,500 in the urban area, indicate the number of acres of the former rural plan designation, by type, included in the boundary. Exclusive Farm Use— Acres: Non-resource—Acres: Forest—Acres: Marginal Lands—Acres: Rural Residential—Acres: Natural Resource/Coastal/Open Space—Acres: Rural Commercial or Industrial—Acres: Other: —Acres: if the comprehensive plan map change is an urban reserve amendment including less than 50 acres,or establishment or amendment of an urban reserve by a city with a population less than 2,500 in the urban area, indicate the number of acres, by plan designation, included in the boundary. Exclusive Farm Use—Acres: Non-resource—Acres: Forest—Acres: Marginal Lands—Acres: Rural Residential —Acres: Natural Resource/Coastal/Open. Space—Acres: Rural Commercial or Industrial—Acres: Other: — Acres: For a change to the text of an ordinance or code: Identify the sections of the ordinance or code that were added or amended by title and number: For a change toa zoning map: Identify the former and new base zone designations and the area affected: Change from to Acres: Change from to Acres: Change from to Acres: Change from to Acres: Identify additions to or removal from an overlay zone designation and the area affected: Overlay zone designation: Acres added: Acres removed: Location of affected property(T, R, Sec., TL and address): List affected state or federal agencies, local governments and special districts: Washington County, DLCD Identify supplemental information that is included because it may be useful to inform DLCD or members of the public of the effect of the actual change that has been submitted with this Notice of Adopted Change, if any. If the submittal, including supplementary materials, exceeds 100 pages, include a summary of the amendment briefly describing its purpose and requirements. A Comm unity Development Code text amendment to allow animal boarding as a personal service, increase heights in downtown and allow multi-family development in the General Commercial zone within the Tigard Triangle. /, .., , i J;1 ,, /'h . -2- Form updated November 1,2013 MN t O,, US POSTAGE*prowl soM,Es ` Vis.. TY OF TIGARD I I 11 1111 I 11111111 �' - —r r : IP pT2230 1l.+t.1UNITY DEVELOPMENT i` oDoo�3ea$00o 7.780 925 SW HALL BLVD. .3ARD,OR 97223 7015 3010 0001 8783 9416 DEPT OF LAND CONSERVATION AND DEVELOPMENT li City of Tigard rp nCommunity Development ATTN:Agnes Kowacz T I G A R D 13125 SW Hall Blvd. Tigard,OR 97223 Attn:Plan Amendment Specialist Dept.of Land Conservation and Development 635 Capital Street NE,Suite 150 Salem,OR 97301-2540 .a R : MEETING RECORDS Agenda Item: #1 Hearing Date: Novemberj3 2016 Time: 7:30 PM PLANNING COMMISSION RECOMMENDATION TO THE f , CITY COUNCIL FOR THE CITY OF TIGARD, OREGON T I GARD SECTION I. APPLICATION SUMMARY CASE NAME: OMNIBUS CODE AMENDMENT PACKAGE CASE NO.: Development Code Amendment(DCA) DCA2016-00003 PROPOSAL: The proposed legislative amendments to the Tigard Development Code ('1'DC)would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding, when completely enclosed in a building,under the personal services use category;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. The proposed text and map amendments for the City Council's review are included in Attachment 1, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing);Metro's Urban Growth Management Functional Plan, Title 6, Title 7, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1 10.1.5, 15.1, 15.2.1, 15.2.2, 15.2.6, and 15.2.7 ; and Tigard Development Code Chapters 18.380 and 18.390 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code text amendments (Attachment 1)with any alterations as determined through the public hearing process. OMNIBUS CODE AMI)ENDMI?N'1'PACKAGE DCA2016-00003 PPE 11/1/2016 PUBLIC I TEARING,STAIT REPORT TO TI 11:CITY COUNCIL PAGE i 1 OF 11 SECTION III. _ BACKGROUND INFORMATION AND PROJECT SUMMARY Planning Commission is recommending for Council consideration an omnibus amendment package to address three emergent development code issues. These issues are being bundled together for administrative efficiency through one land use process. The three components are summarized below followed by a brief discussion of each item. Further discussion is provided in Attachment 1 of this report. 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building, under the personal services use category ; and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. DOG BOARDING AS A PERSONAL SERVICE USE Owners of dog boarding facilities expressed concern to Tigard City Council about the current regulations pertaining to the classification of boarding facilitates. According to CDC 18.130.060.B, the boarding of normal household pets is considered an "Animal-Related Commercial" use and is not allowed in the C-N (Neighborhood Commercial), C-C (Community Commercial), C-G (General Commercial), C-P (Professional Commercial), MU-CBD (Mixed-Use Commercial Business District), MUC (Mixed Use Commercial), MUE-1 and 2 (Mixed-Use Employment) and MUR-1 and 2 (Mixed Use Residential) zoning districts. Tigard City Council expressed interest in pursuing this further and asked staff to explore the option of allowing this use in commercial zones provided the impacts could be mitigated. Staff researched several cities to see how animal boarding was being regulated. The comparison of these regulations is listed below: City Regulation o Consider overnight animal boarding to be an "animal boarding facility" • Conditionally permitted in industrial zones Lake Oswego • Not permitted in commercial zones o Consider doggy daycare to be "pet care, daily" • Conditionally or outright permitted in commercial zones, depending on the zone and whether or not it's fully indoors o Consider overnight animal boarding with 5 animals or more to be a "animal care,major" Beaverton • Conditionally permitted in all commercial and industrial zones, with the exception of one industrial zone which permits it outright ■ Not permitted outright in any zone o Consider doggy daycare and overnight animal boarding to be an "animal service facility" Hillsboro • Permitted outright, but only indoors in Neighborhood Commercial Zone • Permitted outright, subject to certain restrictions in General Commercial Zone OMNIBUS(;()Dl:AMDENDMENT PACKAGI: DCA2016-00003 11/1/2016PI"RI.IC IINARING,STAFF REPORT TO THE CITY COUNCIL PAGE 20F 11 II o Consider doggy daycare and overnight animal boarding (with the exception of animal breeding) to be "retail sales and service" • Permitted outright or subject to certain limitations in all Portland commercial zones (except the Office Commercial 1 Zone) ■ Conditionally permitted in all industrial zones Based on the research provided above, a majority of the cities classify animal boarding facilities to be some kind of animal related service use with the exception of Portland, which classifies it more generally as service. Lake Oswego prohibits these facilities in all commercial zones, Beaverton allows them only through a conditional use review while Hillsboro and Portland allows them in certain commercial zones. j, Staff proposes to classify animal boarding facilitates as a "Personal Service" use when all the activities associated with the use, with the exception of parking, are completely enclosed within a building. If classified kas a personal service use, animal overnight boarding facilitates would be permitted outright in C-N, C-C, C- G, C-P, MU-CBD and MUC commercial zoning districts and permitted subject to certain restrictions in the MUE, MUG-1, MUE-1 and 2 and MUR-1 and 2 commercial districts. Planning Commission expressed concern that if animal boarding is reclassified as a personal use service use, animal boarding could potentially occur in two residential zones, R-25 and R-40. To address this, Planning Commission revised the proposed amendment to specifically prohibit animal boarding in residential zones. To accomplish this directive, staff added language to footnote 11 in Chapter 18.510 that states "Animal boarding, even if enclosed within a building, is prohibited in residential zones". DOWNTOWN TIGARD PLAN DISTRICT HEIGHT LIMITS In 2010, a new Mixed Use-Central Business District (MU-CBD) zone was instituted. Rather than having a single height limit, the zone was broken down into sub-areas with different building and site development standards including building heights. The Main-Center sub-area centers on Downtown's historic Main Street. New buildings in the sub-area must include ground floors with commercial storefront features,with residential and commercial uses are permitted on upper floors.0 Much of the rest of the MU-CBD zone retained the 80-foot height limit of the predecessor zone— the Central • Business District (CBD). A 45- foot height limit was set in the Main-Center sub-area with the idea that taller buildings might present a visual conflict with the existing one and two story buildings on Main Street. The 45-foot height limit realistically only allows a 3 story building, due to the requirement that the ground floor in the Main-Center sub-area be 15 feet tall. This reduces the financial feasibility of new construction. Downtown Tigard is a focus area for redevelopment, with an urban renewal district in place. Several redevelopment studies have been undertaken, that have run financial feasibility models for new development. Taller buildings were found to be more financially feasible because more leasable square footage could offset the costs of new construction and the lower rental rates that can be presently achieved in the Downtown. Returning the 80-foot height limit that was in place for much of the Main-Center sub-area prior to 2010 is in keeping with the area's designation as a Metro Town Center, a focus area for transit supportive redevelopment. MULTI-FAMILY DWELLINGS IN THE TIGARD TRIANGLE The Tigard Triangle Plan District was adopted to develop a mixed-use employment area with a convenient OMNIBUS CGDE?:\MI)ENDMI:NI'PACKAGEDC A2O16 00003 11/1/2016 I'( I 1 iC: 111(.IRING \I It :PORT"PO"I'I iE CITY COUNCIL PAGE 3 OF 11 pedestrian and bikeway system. In addition, the Triangle is within a Metro designated Town Center. Zoning within this district includes both Mixed Use Employment (MUE) and General Commercial (C-G). Multi- family housing is permitted in the MUE zone at 25 units per acre; but is restricted in the C-G zone. The use is permitted only through a Planned Development process; which limits a maximum of 25% of the total gross floor area for multi-family use. Since the adoption of the Tigard Triangle district, housing development has been limited. However, as demand for housing increases in the Metro region, this is likely to change. In May 2015 the City along with citizens, property owners and businesses developed the Tigard Triangle Strategic Plan, which envisions a vibrant, walkable Triangle with a mix of uses. Plan participants emphasized the importance of providing a variety of housing choices and greater affordability within the Triangle. Amending the C-G restrictions on multi-family in the Tigard Triangle will encourage housing development that supports the vision for the Triangle and eliminate barriers for providing much needed work-force and affordable housing. The proposed amendment is limited to the C-G zone within the Tigard Triangle; thus multi-family will still be restricted in C-G zones in other areas of the city. PROPOSED AMENDMENTS Amend the Tigard Development Code as proposed: o Text Amendments to Chapter 18.130 (Use Categories) to amend the "Animal-Related Commercial" use category to allow overnight boarding as a "Personal Service" use when all activities,with the exception of parking, are completely enclosed within a building. o Text Amendments to Chapter 18.510 (Residential Zoning Districts) to amend footnote 11 of Table 18.510.1 with language that states "Animal boarding,even if enclosed within a building,is prohibited in residential zones". o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend 18.610.020.A.1, the sub-area description for Highway 99 and Hall Boulevard Corridor, to correct a typo on line seven by changing "eight stories" to "45 feet" to make the description consistent with the MU-CBD Development Standards Matrix;Table 18.610.1. o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend the maximum height standard for the Main-Center sub-area in the MU-CBD Development Standards Matrix; Table 18.610.1, from 45 feet to 80 feet. o Text Amendments to Chapter 18.520 (Commercial Zoning Districts) to amend footnote 11 of Table 18.520.1 in order to remove the requirement for a Planned Development Review for multi-family housing within the C-G zone within the Tigard Triangle Plan District. o Text Amendments to Chapter 18.620 (Tigard Triangle Plan District) to add a new Section that would allow multi-family dwelling units in the C-G (General Commercial) zone. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. OMNIBUS CODE AMDENDM ENT PACK;\(GI'. DCA2016-00003 11/1/2016 PUBLIC REARING,STAFF REPORT TO'111E,CITY COUNCIL PACE 4 OP 11 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard. Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10— Housing: This goal seeks to provide a variety of needed housing types. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10.1 and associated policies. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the ME 1°RO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 6: Central City, Regional Centers,Town Centers and Station Communities OMNIBUS COD!?AMM?NDMENT PACKAGE DCA2016-00003 11/1/2016 PUBLIC I II?ARING,STAFF REPORT TO THE CITY COUNCIL. PAGE 5 OF 11 Requires local jurisdictions to adopt land use and transportation plans that are consistent with Metro guidelines for designated Town Centers. FINDING: The Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center. Centers are defined as "compact, mixed-use neighborhoods of high-density housing, employment and retail that are pedestrian-oriented and well served by public transportation and roads." Downtown Tigard is also a designated Station Community. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new buildings that will help achieve "compact, mixed-use neighborhoods of high-density housing, employment and retail."This title is satisfied. Title 7—Housing Choice: This goal ensures that Comprehensive Plans and implementing ordinances provide for a diverse and affordable range of housing. FINDING: The proposed amendment will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review. The proposed code amendment will make the process for permitting this type of development timelier and less costly. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new mixed use buildings with upper floor residential that will help provide for a more diverse and affordable range of housing near the transit center in Downtown Tigard, a Metro designated Town Center where new housing will be focused. This title is satisfied. Title 8—Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This title has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the OMNIBUS CODE AMDEN1)ME T PACKAGI; DCA2016-00003 11/1/2016 PUBLIC I IEARING,SAFF REPORT"1O'HIE CITY COUNCIL PAGE 6 OF 11 land use planning process. FINDING: This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be l consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING: The proposed text amendments will allow for a variety of uses to be located within the City which will result in more taxable economic activity to occur. The proposal includes allowing animal overnight boarding to be a permitted use in most commercials zone. The increase in heights in the Main Street sub-area will also provide for more diverse land uses that may occur downtown. Eliminating restrictions on affordable housing in the Triangle will encourage development of more housing in the district. This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments do not change the requirements for developments to comply with site design/development regulations. All development shall continue to conform to all regulations. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments allowing animal overnight boarding to be allowed in most commercial zones when the associated activities, with the exception of parking, is completely enclosed within a building. Impacts such as noise and odor, which can result from this type of business is mitigated by the activities being completely contained within a building. This use would not generate greater impacts than other commercial OMNIBUS CODE AMDI?NDMI:N'1'PACKAGE DCA2016-00003 11/1/2016 PUBLIC 1IFARING,STAFF RITOR'I" O'I'IIF CITY COUNCIL. PAGE 7 OF 11 uses that are currently permitted in commercial zones. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Policy 9.1.5 The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. The City has taken several actions to focus growth in its Metro designated Town Center (Downtown and the Tigard Triangle) where there is much vacant and underutilized land. The raising of the height limit in the Main- Center sub-area would increase the financial feasibility of redeveloping underutilized properties in the area. This policy is satisfied. Policy 9.1.3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. FINDING: The proposed amendments will remove the requirement for a Planned Development review for multi-family housing within the Tigard Triangle Plan District, which will enable housing projects to be approved through a timelier and less costly process. This policy is satisfied. Policy 9.1.12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economy. FINDING: The raising of the height limit in the Main-Center sub-area would promote livability in the downtown by encouraging new development in an area with good walkability, transit access and proximity to the regional Fanno Creek Trail. This policy is satisfied. Policy 9.3.1: The City shall focus a significant portion of future employment growth and high-density housing developments in its Metro-designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. FINDING: The proposed amendments enable multi-family housing to occur in the Tigard Triangle Plan District in a timelier and less costly manner. Raising the height limit in the Main-Center sub-area of the Downtown will provide for higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Comprehensive Plan Goal 10: Housing Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that met the needs, preferences and financial capabilities of Tigard's present and future residents. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review, which limits multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly. This amendment would assist in providing affordable housing. Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will increase the financial feasibility for higher density housing and mixed use development near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Policy 10.1.5: The City shall provide for high and medium density housing in the areas such as town OMNIBUS CODE AMDFNDM1 NT PACKAGE DCA 2016-00003 11/1/2016 PUBLIC HEARING,STAFF REPORT"10 TI IL CI'T'Y COUNCIL PAGE 8 OF 11 centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit and other public services necessary to support higher population densities are either present of planned for in the future. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District, which is part of the Tigard Town Center. Currently, the code only allows this type of development through a Planned Development review. The Planned Development regulations limit multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly and encourage more affordable housing development within the Triangle. Raising the height limit in the Main-Center sub-area of the Downtown will support higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Special Planning Area- Downtown Goal 15.1 The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enable people to live,work,play, and shop in an environment that is uniquely Tigard. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will increase the feasibility of redevelopment that will create a vibrant and active urban village. This goal is satisfied. Policy 15.2.1: New zoning, design standards, and design guidelines shall be developed and used to ensure the quality, attractiveness, and special character of the Downtown as the "heart" of Tigard, while being flexible enough to encourage development. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will allow more flexibility in development by permitting taller buildings while still ensuring the quality, attractiveness, and special character of the Downtown. This policy is satisfied. Policy 15.2.2: The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail, restaurants, entertainment and personal services;.B. medium and high-density residential uses, including rental and ownership housing;C. civic functions (government offices, community services, public plazas, public transit centers, etc);Q D. professional employment and related office uses; and.)E. natural resource protection, open spaces and public parks. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will facilitate the development of a mix of complementary land uses, by making such development more financially feasible. This policy is satisfied. Policy 15.2.6: New housing in the downtown shall provide for a range of housing types, including ownership,workforce, and affordable housing in a high quality living environment. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will improve the financial feasibility of mixed use buildings with upper floor residential and so provide • for a range of housing types in the downtown. This policy is satisfied. Policy 15.2.7: New zoning and design guidelines on Main Street will emphasize a "traditional Main OMNIBUS CODE AMDENDMENT PACKAGE I)i. A2016-00003 11/1/2016 PUBLIC HEARING,STAFF REPORT"TO TI lE Cm'COUN(:I I. PAG I?9 OF 11 Street" character. FINDING: Many communities in Oregon have traditional Main Streets that allow buildings taller than 45 feet. Design standards including window coverage, traditional storefront appearance will remain in place and will ensure that new buildings to provide a "traditional Main Street character." This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.380: Zoning Map and Text Amendments 18.380.020 Legislative Amendments to this Title and Map Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. Section 18.380: Decision Making Procedures 18.390.060 Type IV Procedure 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. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, METRO, DOGAMI, ODOT, DLCD, DEQ, ODFW, CWS, and Tri- Met were notified of the proposed code text amendment but provided no comment. OMNIBUS t:O1)1 111)I.NI):\II:NT P.1CK.AGE DCA2016-00003 11/1/2016 PIIBI'It, I II'.-1Ii1N(;,S I.1Fl REPORT TO TI IE CI"1Y COUNCII. PAGE 10 01711 ODOT provided comments stating they have would like to review the City's Transportation Planning Rule (TPR) 0060 findings. Staff stated that they will provide the findings as soon as they are received from the consultant. Tualatin Valley Fire and Rescue provided comments stating that they reviewed the proposal SECTION VI. PUBLIC COMMENTS The City received two phone calls inquiring more details on the code amendments and how the regulations were proposed to change. Staff provided additional information and invited them to attend the public hearings. The Planning Commission heard testimony from four citizens at the public hearing on August 15, 2016. Two citizens spoke in favor of the amendments, one was neutral and the fourth was against the change to the Tigard Triangle Plan District. The testimony was considered by the Planning Commission as they formed their recommendation to Council to approve the proposed amendments. The Commission also decided to make amend Issue 1 as proposed by staff. The Commission directed staff to add language that prohibits overnight dog boarding in residential zones. The Planning Commission Minutes are included as Attachment 2. ATTACHMENTS: .attachments: 1. Draft Text Amendments a. 18.130 Use Categories and 18.510 Residential Zoning Districts b. 18.610 Tigard Downtown Plan District c. 18.520 Commercial Zoning Districts and 18.620 Tigard Triangle Plan District 2. Draft October 17, 2016 Planning Commission Minutes AOctober 19, 2016 PREPARED BY: nes Kowacz DATE Associate Planner /11/14 eet October 19, 2016 APPROVED BY: Tom McGuire DA'L'E Assistant Community Development Director OMNIBUS CODE:AMDENDMI.:'' T PACKAGE? DCA2016-00003 11/1/2016 PUBLIC IIrARING,STAFF REPORE'IO THE CITY COUNCIL PAGE? 11 OP 11 Attachment 1.a DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: —Text to be deleted [Bold, Underline and Italic]—Text to be added Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building, shall be considered Personal Service. Except from Chapter 18.510 RESIDENTIAL ZONING DISTRICTS TABLE 18.510.1 USE TABLE: RESIDENTIAL ZONES Attachment 1.a Personal Service is restricted (R) in the R-25 and R-40 zone and is subject to Footnote 11 as follows: [11] Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. Animal boarding, even if enclosed within a building, is prohibited in residential zones. Attachment 1.b DCA201G-00003 - 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: itleet,ltretigh-—Text to be deleted [Bold, Underline and Italia -Text to be added Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor.The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings, to mixed use buildings up to eight atorioo 45 feet tall with retail on the ground floor and residential and/or office uses above. 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. Attachment 1.b 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. Attachment 1.b Map 18.610.A: Tigard Downtown Plan District Sub-Areas Tigard Downtown Plan District 21 Sub-Areas ! Urban Renewal District — • •W#iall — Famo-Burnham Man-Center s ScnRins-Conmerci al C " Staten Atea OVenay 44 o eG IMO. toilli dojo � ill Cg t4� \s, y SA ri,H6 ____y his Ca J co J J Q I 2 i/S Note: for standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. Attachment 1.b B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. 1. Development standards matrix. See Table 18.610.1 and Map 18.610.A. Table 18.610.1 MU-CBD Development Standards Matrix 1,2,3 STANDARD SUB-AREAS Main Street 99W/Hall Corridor Scoflins/Commercial Fanno/Burnham (MS) (99H) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft.for frontage on 0 ft. 0 ft. 99W) Maximum 10 ft. 25 ft. 20 ft. 20 ft. Side facing street on corner and through lots Minimum Oft. Oft. Oft. Oft. Maximum 10 ft. N/A N/A N/A Sideyard Minimum/maximum N/A N/A N/A N/A Rear setback Minimum 0 ft. 5 ft. 5 ft. 5 ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum 4380 ft. 45 ft. 80 ft. 80 ft.7 Ground floor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping 0%5 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimums 25 25 25 15 Maximum 50 50 506 506 This table does not apply to existing development,All new buildings in the district must meet these development standards, including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. See also Section 18.610.045,Exceptions to Standards. 4 In the MU-CBD zone, required landscaping can be provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. ` Landscaping/screening requirements for parking lots must be met. 6 Station area overlay permits a maximum of 80 units per acre(see Map 18.61.0A). 7 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.610.A) or within 50 feet of low or medium density residential district. s Minimum density applies to residential-only development(not mixed use). Attachment 1.b 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. ——- .I. e .;.. . .1o.- -1• o,- - •,•: a • nO!"] C 'IC7i7L t)T7 —— • Q °o o e • o e o r• o e o � o o I 6 4 a o o C I , a Building Building I I 0 I I 0 0 I ! - _____L______` --- _--_--__ ° ) _ I 141' I 0ParkingonIts.We or rear of buildings L L-1 landscape standard 0 Mar.50%of skefrdxage 0 Landscape not required along shared prop Bne Min.10'setback Q See 0118 745 for screening and landscaping requirements B2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. Attachment 1.b c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. Id .a 1 ....... . bi ‘r P 0 5 feet max.equipment Night 0 Equipment set back min 5 feat B.3 Rooftop Features/Equipment Screening Attachment 1.b 0 1 0 Scee n made of primary exterior Onush material,wood,or masonry B.3.d.(1)Rooftop Features/Equipment Screening(architectural screen) 0 Green root features with evergreen Foliage B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW,public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or Attachment 1 b b. Set back from the street-facing elevation so it is not visible from the public ROW;or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained.(Ord. 15-05 §2; Ord. 13-04§1;Ord. 12-13 §1;Ord. 10-02 §2) Attachment 1.c D CA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Strikcthrough —Text to be deleted [Bold, Underline and Italic] —Text to be added Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABT.F 18.520.1 USE TABLE: COMMERCIAL ZONES Household Living in the C-G zone is restricted (R) and subject to Footnote 11 as follows: [11] A single-family unit providing that it is located on the same site with a permitted or conditional use itt and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it is permitted outright. Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G zone.Minimum and maximum density requirements do not apply to these developments. G�� CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 17,2016 CALL TO ORDER Vice President Feeney called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: Vice President Feeney Commissioner Hu Commissioner Jelinek Commissioner Lieuallen Commissioner McDowell Commissioner Middaugh Commissioner Muldoon Commissioner Schmidt Absent: President Fitzgerald; Alt. Commissioner Mooney;Alt. Commissioner Enloe Staff Present: Tom McGuire,Assistant Community Development Director; Monica Bilodeau; Gary Pagenstecher,Associate Planner; Monica Bilodeau, Associate Planner;Agnes Kowacz, Associate Planner; Doreen Laughlin, Executive Assistant; Kim McMillan, Assistant City Engineer COMMUNICATIONS —None. CONSIDER MINUTES October 3, 2016 Meeting Minutes: Vice President Feeney asked if there were any additions, deletions, or corrections to the October 3 minutes; there being none,Vice President Feeney declared the minutes approved as submitted. OPEN PUBLIC HEARING RIVER TERRACE EAST No.3 PLANNED DEVELOPMENT REVIEW (PDR) 2016-00013 SUBDIVISION REVIEW (SUB) 2016-00009 REQUEST:The applicant requests a 38-unit single family residential planned development with concurrent concept and detailed plan review and subdivision review. The site is 5.89 acres. The proposal includes 34 attached single-family row homes and four detached single-family homes. LOCATION: West and East of SW Roy Rogers Road and South of SW Scholls Ferry Road; Washington County Tax Map 2S1060000200 and 2S106DB24300. ZONES: R-12 and R-25, Medium and Medium-High Density Residential Designations. APPLICABLE REVIEW October 17,2016 Page 1 of 12 CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.510, 18.660, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.785, 18.790, 18.795 and 18.810. QUASI-JUDICIAL HEARING STATEMENTS Vice President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioners jelinek, Muldoon, Feeney, McDowell, Schmidt, Hu, Middaugh No one wished to challenge the jurisdiction of the commission. STAFF REPORT The staff report is available on-line at the citty website one week prior to the hearing. Monica Bilodeau, City of Tigard Associate Planner went over the staff report. Project summary: 1 38-unit single family residential units / 34 attached single-family row homes and 4 detached single-family homes 1 5.89 acre site. Staff recommends the Planning Commission take two actions: 1. The first in favor of the proposed Concept Plan Map. 2. The second in favor of the proposed Detailed Planned Development Map, Subdivision, and early grading authorization. Staff noted that there had been no comments received from the public. QUESTIONS / COMMENTS Vice President Feeney noted what he assumed, but wanted to confirm,was a typo on condition #36. The final plat fee should be $1,900 not$19,000 —correct? Bilodeau confirmed that indeed that was an error. Vice President Feeney advised the commissioners to make mention of that should there be a motion on this later. APPLICANT'S PRESENTATION Pam Verdadero, Polygon NW noted this would be the gateway into the City of Tigard and gives them an opportunity to introduce River Terrace as a bold statement as people enter into the neighborhood. She explained how it is taking shape. Jim Lange, Polygon NW gave an overall picture of River Terrace itself and explained that their site is the very north end of it. It's part of a larger parcel that's in Beaverton. He gave a presentation (Exhibit A). He noted there's an embellishment to parks— that is a small pocket park on the east side that is centered on a large prominent Oak tree that will be staying there. They saved that tree and the grading is not disturbing the tree. They will be working with an arborist to ensure the tree isn't negatively impacted. Zoning districts are R12 and R25 on this piece. It's a planned development - three different products—Row homes, standard homes, and one medium home that finishes the lots adjacent October 17,2016 Page 2 of 12 ll to it from River Terrace NW. He's happy that they are very close to a comprehensive plan for the north part of River Terrace. Mr. Lange noted that in the staff report conditions 11 &16 specifies some woods for ROW dedications. They are still working through some of that with the county. They're ahead of the county design work for the Roy Rogers Roads. He circulated a memo to the commissioners (Exhibit B) which requests that conditions 11 and 16 be modified to end with "or as otherwise approved by the City and Washington County" —so they have flexibility. QUESTIONS On SW Friendly Road, it shows the existing ROW or new right of way will go all the way down to Roy Rogers Road. What's the plan there? The road doesn't connect at this time. Correct. The county will restrict access at that point—to what extent? It hasn't been worked out yet. It will be partly dependent on PGE and their substation and equipment needs. We've been trying to coordinate that and they've had a turnover in staff—they're trying to collectively get themselves ready to answer that question. There might be a "right in —right out" there for purposes of them getting larger equipment in. I expect that once PGE gets a chance to understand the street network and turning radiuses—it's all designed to get fire trucks through— so they can get their equipment through—and at the end of the day there actually will not be an access there. That's a bad place to access the road. TESTIMONY IN FAVOR - None TESTIMONY IN OPPOSITION—None. PUBLIC HEARING CLOSED DELIBERATION There was a very short deliberation; the consensus was that everything looks like it's in order. MOTION FOR THE CONCEPT PLAN Commissioner Muldoon made the following motion: "I move that we approve with respect to PDR2016-00013 and SUB2016-00009 the Concept Plan as supported by staff's report and the testimony heard tonight." Commissioner jelinek seconded the motion. MOTION TO APPROVE CONCEPT PLAN PASSES UNANIMOUSLY MOTION FOR THE DETAILED PLAN Commissioner Muldoon made an original motion inadvertently leaving out the fourth change but ultimately moved: "Regarding River Terrace East #3 PDR2016-00013 and SUB201G-00009; I move we approve the subdivision Detailed Plan with four extra changes. The first is on page 6 of October 17,2016 Page 3 of 12 the staff report: Condition 36 would correct the scrivener error of$1,900.00 in lieu of $19,000.00. Second, that conditions 11 and 16 conclude with the additional language "or as otherwise approved by the City of Tigard and Washington County;" third,we approve deferring compliance with section 18.660.030.B to final plat approval subject to staff's conditions and the staff report and informed by the testimony heard tonight—and fourth: that we authorize and find that there would be a deferral for the grading and we find that early grading authorization would not adversely affect the health, safety, and welfare of the city. Commissioner Middaugh seconded the motion. MOTION TO APPROVE THE DETAILED PLAN PASSES UNANIMOUSLY OPENED PUBLIC HEARING TRIANGLE MEDICAL OFFICE BUILDING PLANNED DEVELOPMENT- PLANNED DEVELOPMENT REVIEW (PDR) 2016-00011; SITE DEVELOPMENT REVIEW (SDR) 2016-00007 REQUEST: The applicant requests concurrent Planned Development Concept Plan and Detailed Development Plan review for a 36,000 square foot medical office building on a 3.73 acre vacant parcel located southwest of SW Dartmouth Street and SW 72nd Avenue. Proposed site improvements include a single-story building with surface parking taking access from SW Dartmouth through the eastern access to the adjacent Walmart development. A pedestrian path is proposed through the site from SW 72nd to the Walmart parking lot. A vegetated corridor along the northern property line is protected and improved. LOCATION: SW of the intersection of SW 72nd Avenue and SW Dartmouth Street;Washington County Tax Map 2S101BA,Tax Lot 00300. ZONES: C-G: general commercial district,with planned development overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.520, 18.620, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18. Vice President Feeney noted the applicant is asking that the concept plan be considered at this hearing and that the detailed plan be continued to a later date as determined by the Planning Commission. QUASI-JUDICIAL HEARING STATEMENTS Vice President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Muldoon, Feeney, Schmidt, and Hu. No one wished to challenge the jurisdiction of the commission. STAFF REPORT Complete staff reports are available online at the City website one week prior to each hearing. Gary Pagenstecher, City of Tigard Associate Planner, addressed the material that he'd distributed to the commissioners including two additional public comment letters that hadn't October 17, 2016 Page 4 of 12 been in their packets (Exhibit C). No other public comments were received from staff. He gave a brief orientation of the site and then focused on approval criteria 1 and 3 of the staff report that have to do with open space and natural features of the site: 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; and 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. QUESTIONS What is staff's opinion on maintaining the slope and also on having the streets in there that some people want? Gary Pagenstecher from Planning answered, "Engineering and Planning have different perspectives on this. I can give my opinion —but please note that Kim McMillan from Tigard Engineering has a differing view. My recommendation is an alternative approach —the topography is an important issue that should be addressed. I think it's an important use of the site—we need to weigh the impact of substantial walls that can have impact on pedestrian movements. I also think there are problems to bringing the building up to that sloping 72nd in terms of access to the building. I'm begging the question, 'Do you think it warrants further investigation'?" And your opinion on Elmhurst Street and 74th? Connectivity is a key for the success of Tigard Triangle. There must be connectivity—there are standards in 705 and 620 that direct development to provide that. I think the proposal which shows simply pedestrian connection on its own through the site is probably insufficient, and that a public street along the alignment shown is not the most feasible of alignments. I think this development should be obligated in some way to provide additional connectivity—I can't tell you exactly how. Kim McMillan,Assistant City Engineer spoke about street connectivity. She said, "Elmhurst is not located opposite this site, so you wouldn't typically ask the applicant to do a street extension on their site when it doesn't align. There were previous discussions where a planner from outside came in and talked about a street that would go across their site that had an F alignment that was an "S" curve. That's not required;we need to go back to what the code requires. The applicant has done their homework in providing a future streets plan—which we wouldn't have normally asked for either because, again, the street doesn't align with their site — �'i but they've shown that, and that's the plan you see here—and it goes directly from Elmhurst across the next site and they've shown that it can be done. It needs to meet the technical standards for constructing a street—that's what they've shown, so at this point they don't have to do any further investigation or due diligence in the mind of the engineering staff. They've done their part. That leaves the question for the next applicant—that yes, they'll have to address it." October 17,2016 Page 5 of 12 Are there any private property owners that are potentially adversely affected?The neighboring properties are alleging that this development would adversely affect their develop-ability, their existing use, so the outdoor property in particular is the subject of that argument. APPLICANT'S PRESENTATION REGARDING THE CONCEPT PLAN Mimi Doukas, AKS Engineering representing Base Camp I, LLC. said, "\\hat we're really talking about is the end user—which is Compass Oncology. We have a very special applicant in this oncology center. They're excited to be in Tigard, and in this specific location, but they have specific site considerations that are needed for the special clientele of this use." She noted they're looking for consideration of the concept plan only at this time. They did submit a combined application for the CDP and the DVP to allow the commission to see the full substance of the application, but they want to break the conversation into two pieces. Start with the bigger picture of the concept development plan,get feedback from the commission, and then dive into more detail on the detailed development plan. We do not expect a decision at this time,we are expecting a continuance. Brad Perrigo; Executive Director, Compass Oncology explained that they are a medical practice dedicated to the treatment of cancer and the diseases of the blood. They are located in six locations in PDX and Washington. There will be over 80 employees at this location.10— 15 physicians, 10 or so mid-levels and supporting staff—nurses, therapists, & physicists. He explained that a single story facility is very important to them in terms of patient access because many patients are elderly. Parking is important for the same reasons. He noted many of their patients are being treated by both a medical oncologist, a surgeon, and a radiation oncologist. So having proximity of those specialists in the same hallway on the same floor is very important for the success of that care. Scott Harris,JRJ;Architect, went over the architectural site plan. He went over a site video. He showed pictures of what the building would look like (Exhibit D). He talked about the site plan considerations that went into this specific site. QUESTIONS Was there any consideration of using under-the-building parking? That would be cost prohibitive and would make it two stories,which doesn't meet the needs of the patients. Will you have an MRI Scanner? We will not have an MRI scanner. We will have a CT scanner that's integral to our radiation treatment. Would people come to your facility for a life threatening emergency? No, they would not come to us for a life threatening emergency. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —Bill Kabeiseman with Bateman Cydell,was there representing Gordon R. Martin, the trustee of the Tri-County Center Trust - they request a continuance as there was testimony entered in tonight that they would like to be able to review October 17, 2016 Page 6 of 12 and rebut. He wants them to reject the concept plan and said the reasons are in the letter (dated 10/13/16) that the commissioners have. He spoke in opposition and believes the future street plan is infeasible and that it doesn't integrate into the neighborhood. Jim Long, 10730 SW 72nd Ave., Tigard 97223—is the chair of a CPO that's been around for 40 years and encourages citizen participation. He requests a continuance because he'd like to discuss some of the issues he'd heard about this at the CPO meeting that will occur the following week. PUBLIC HEARING CLOSED FOR THE CONCEPT PLAN APPLICANT REBUTTAL Dana Krawczuk, land use council for the applicant, said they want the record to be held open for 14 days for both sides to submit testimony. Reserve seven days for rebuttal; then have a public hearing to consider the concept plan. She said November 14 is probably the date. They would also like to go right into the detail plan at that hearing because ultimately it will be a single decision. In order to be sure that this time period works, they need to hear from the commission —to hear if they think this is the right direction, or if they're seeking something different during this open record period. The open record period will also allow the parties to collaborate. Ms. Krawczuk added later: "We'll extend the 120 day rule accordingly."Regarding retaining walls—some of the larger numbers they'd heard - those were the maximum retaining walls—not an average or the entire site. She said she would like to focus on the road connection and connectivity. A public street is not a foregone conclusion. Both planning and engineering have said connectivity can be provided in a number of ways. They're trying to integrate into the neighborhood and the site but there are limitations. Walmart is one. When they were developed, they didn't provide a public street or a public access easement. To integrate connectivity with that barrier is challenging. She went on to explain, "They are willing to put a link in that chain between 72 and Dartmouth—but only once access over Walmart is granted also. If they were to allow others to go through their property onto Walmart's property, they would be subject to an injunction from Walmart for overburdening that access easement; that is the reality of the situation. Also—if it were to be a street, the alignment to Elmhurst isn't on their property. So they showed (and Engineering agreed) a feasible connection. The standard isn't what is the most feasible, the preferred connection... the direction they are probably going is something other than a public street. The Lean Code shows this as a pedestrian connection—not a public street. There are many visions. The best they can do is provide a future street plan that shows feasibility and that we're not encumbering development, or connectivity—but are providing it to the extent they can on their site. She reiterated that they are pleased to provide an easement so long as reciprocal rights are provided by Walmart. h I QUESTIONS Have you been in discussions with Walmart with regard to access? We have not, because we have private access. If other people want to take access through our property to Walmart, we think they should be the ones talking to Walmart. And particularly because a lot of this property was held in common at one time, that seems like it could have been a time to figure out some of October 17,2016 Page 7 of 12 this access—but it wasn't. Now—us as a subsequent purchaser trying to put the access deal— we're not in the best position to do so - and the City could always condemn public access. I'm okay with the concept, but I'm concerned about a 20 foot retaining wall. What is the danger of people falling off of it? There is a steel fence—a safety requirement that would provide protection. There is no entrance there either. The fence is the primary safety factor— and it's a pretty, decorative fence. FEEDBACK FROM THE COMMISSIONERS When you come back on a more detailed development plan, I would like examples to visualize why a 20 foot wall is needed and why a 10 foot wall wouldn't. It would be helpful to have examples of that to help visualize on the detailed portion, once we get to that. Regarding private property rights, I would like to see more effort than what appears to have been made. I believe we have to be very cognoscente when we're potentially impeding someone's ability to use their property. I'd like to better understand how people in the neighborhood would be able to cut across this property to access the Walmart area. I read through portions of your concept plan —does it have 3D models? Yes, and we can submit more of those as well. It's all built out in the model now. 1'll commit someone else to do those renderings. Can you show the pedestrian entrance on 72nd in those models if you have drawings. That would be helpful. I would like to see how that pedestrian access would work. Okay. STAFF COMMENTS Gary Pagenstecher said "So November 14th would work—that would allow a 14 day record open for testimony and a 7 day rebuttal period. After that, staff will work up a report. It will still be a two decision action —both the concept plan and the detailed plan. If the commissioners feel that the applicant has responded well to the issues, and there is no objection, then they could approve the concept plan and then, therefore, move on to the detailed plan. If they don't make a decision on the concept plan, then it can't move on that evening. MOTION TO CONTINUE Commissioner Muldoon moved: `Regarding PDR2016-00011 SDR2016-00007 I move that both be continued to a time certain -November 14 - and to keep the public record open for 14 days for written testimony and allow a response of 7 days after that for all interested parties. The motion was seconded by Commissioner Schmidt. October 17, 2016 Page 8of 12 MOTION TO CONTINUE TO NOVEMBER 14 PASSES UNANIMOUSLY PUBLIC HEARING OPENED 2016 OMNIBUS CODE AMENDMENT PACKAGE DEVELOPMENT CODE AMENDMENT (DCA) 2016-00003 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TMC). The proposed legislative amendments would do the following: (1) amend Chapter 18.130 Use Categories to include animal boarding as a personal service use,when completely enclosed in a building; and (2) amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub-Area; and (3) amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment (MUE) zones in the Tigard Triangle Plan District. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing); Metro's Urban Growth Management Functional Plan Tide 1, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11, 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1, and 10.1.5; and Tigard Development Code Chapters 18.380 and 18390 STAFF REPORT The staff report is available on-line at the City website one week prior to the hearing. Associate Planner Agnes Kowacz noted that there are three amendments they're looking at— animal boarding. Dog Boarding: F Initiated by City Council F Classified as `Animal-Related Commercial" and prohibited in most commercial zones. Staff researched regulations for this use in surrounding jurisdictions: F Most cities classify animal boarding facilities to be some kind of animal related service use with the exception of Portland,which classifies it more generally as service. F Lake Oswego prohibits these facilities in all commercial zones, Beaverton allows them only through a conditional use review while Hillsboro and Portland allows them in certain commercial zones. F Proposal is to reclassify animal boarding,if completely enclosed, to personal service, which would allow it in most commercial zones. The next amendment is Downtown Tigard Height Limits. Prior to the establishment of the Downtown Plan District, the zone was known as Central Business District (CBD) with 80 foot height limits. F In 2010, the Downtown Plan district was established with four sub-areas. Two of the four sub-areas retained the 80 foot height limit. F A 45 foot height limit was set due to a perceived visual conflict with existing development. F Existing height limit reduces financial feasibility of new construction. October 17,2016 Page 9 of 12 Ms. Kowacz noted there is a typo that is being fixed in section 18.610.020A1. It's the paragraph that talks about Hwy 99 and the Hall corridor. The paragraph is not consistent with the table on the next page– so we're just cleaning that up. It's striking out 8 stories and replacing it with 45 feet. The last amendment - Multi-Family in the Tigard Triangle ➢ Mixed Use Employment (MUE) and General-Commercial (C-G) make up the Tigard Triangle, ➢ Multi-family is allowed in the MUE zone at 25 units per acre. ➢ Multi-family is permitted in the C-G zone only through a Planned Development review and is limited to only 25%of the gross floor area of a building. ➢ Tigard Triangle Strategic Plan was developed in May of 2015,which emphasize the area as a mixed-use employment area with a convenient pedestrian and bikeway system. ➢ Through this process greater housing choices and greater affordability were emphasized. The proposed change allows for more affordable housing options in the Triangle. QUESTIONS/COMMENTS I may have concerns about living next to, or above a facility that boards dogs. I have a quiet dog but I know some dogs are very yappy and some cry at night when they're by themselves; that's a concern. Also, by classifying this as personal services they are no longer allowing (inaudible) industrial zones so they might... I don't see why they're not allowing industrial zones when other animal services are allowed in the industrial zone–so that might be unintended consequences for reclassifying them as personal use. I just wanted to raise those issues, Is there a demand for this sort of thing? Yes, the doggy day care facilities like to couple that with overnight boarding. They know their clientele like to use the daycare facilities while they're at work but then when they go on vacation, they know the people and staff and want to board them in the same location. That's why we're seeing more of this. If there was a noise issue can you pull a license? No, if it's allowed and there's a noise issue –and it's a complaint- then we would send code enforcement out to the site and we would do a check. It would be the same noise regulation that applies to all other businesses and residential areas–we would do a check with a noise meter at the property line, and if it's over the limit, then we would cite them through the code compliance process. TESTIMONY IN FAVOR —Rachael Duke Community Partners PO Bo 23206,Tigard spoke in strong support of the amendment. She entered a letter into the record (Exhibit E). Richard Shavey, 11371 SW Sycamore Place, Tigard spoke on building height. He's a retired architect planner and spends lots of time downtown. For years he said he's spoken in favor of density in Downtown. He believes the downtown needs density - not 100's but 1000's of people there. "We need to increase our likeability to developers. Developers have said they need buildings to be above 45 feet. We need to build up so we're not looking down from Hwy 99. I ask that the height limit be raised to above 80 feet." October 17, 2016 Page 10 of 12 Jim Long, 10730 SW 72nd Ave., Tigard—said he is neither for nor against anything at this time. He's not testifying representing the CPO but will put it on their agenda for the following week. He is in favor of affordable housing, but wants to get other people involved in this. He will have his CPO discuss this at their next meeting. He asked for a continuation so there will be more time for people to get involved and to give more input. TESTIMONY IN OPPOSITION Bill Kabeiseman, Attorney representing Mr. Martin with Bateman/Seidel at 888 SW 5th Street Portland, OR 97204 was there representing George Martin as a trustee of the Tri-County Trust. They own property at the heart of the Tigard Triangle at the Dartmouth and 72nd area. He echoed the previous speakers request for a continuance and spoke against the third amendment particularly. He argued that there's no focus on how that's going to happen in a way that's consistent with the vision for the Tigard Triangle. The proposal is simply to allow multi-family in the CG Zone. How can that be made consistent with the vision? He said they think the better course is to let it continue as retail but if, in fact, that isn't in the cards —let's do it right, Let's work on it and make sure we get it right. STAFF COMMENTS Tom McGuire, Assistant Community Development Director, said that as far as a continuance— it's up to the commission and how much information they want to hear to make a decision - and how they want to use it. He reminded them that they are making a recommendation to Council so there is another opportunity—but it's totally up to the commission. "We're not up against a deadline. As far as what the last speaker was saying—that this may not be consistent with the vision for the triangle,we think it does meet the direction that we're moving in the triangle and the Strategic Plan. Mixed use is one way to do it. The direction we're going in the triangle is essentially to allow more freedom to the property owner and the market to decide what the best use for that piece of property is. I also want to remind the commission that this is a Legislative hearing—not Quasi Judicial so you're free to have open discussion." CLOSED PUBLIC HEARING DELIBERATION There was a short discussion about the dog boarding ordinance and also about possibly continuing this discussion to a later date. Vice President Feeney stated that he was in favor of making a recommendation tonight and sending it on to council. They deliberated on all three amendments. One of the main problems was with dog boarding being allowed in residential areas. The discussion turned to changing the ordinance to exclude animal boarding in residential areas. Tom McGuire said, "The easiest way to do that would be to make an amendment to the footnote in the use table. I confirmed while we were talking that a certain amount of it would be also allowed in the IP zone which is the Industrial Park zone (inaudible) office park zone.,. so of the three industrial zones, that would be the one we would want to encourage it the most in." October 17,2016 Page 11 of 12 Vice President Feeney asked the commissioners to give their opinions —which they did - and it appeared they had a consensus. MOTION (RECOMMENDATION) Commissioner Hu made the following motion: "Regarding DCA2016-00003, I move the Planning Commission forward a recommendation of approval to the City Council of this application and adopt the findings in the staff report and based on the testimony received. With an exception for point number one —we would recommend that the change in ordinance would exclude animal boarding of any kind in residential areas." Commissioner jelinek seconded the motion. THE VOTE -ALL IN FAVOR NONE OPPOSED RECOMMENDATION TO APPROVE WITH THE EXCEPTION - PASSED UNANIMOUSLY OTHER BUSINESS --Tom invited the commissioners to attend the upcoming open house for the Tigard Triangle. He asked if the commissioners would like the new Community Engagement Coordinator (Lauren Scott) come in to talk about the community engagement program and some of the ideas and areas she's been working on. The commissioners said that yes, they would like that very much. ADJOURNMENT Vice President Feeney adjourned the meeting at 10:00 p.m. Doreen Laughlin,Planning Commission Secretary ITLST: Vice President Feeney October 17,2016 Page 12 of 12 AIS-2810 5. Business Meeting Meeting Date: 11/01/2016 Length (in minutes): 60 Minutes Agenda Title: Legislative Public Hearing on 2016 Omnibus Code Amendment Package Prepared For: Agnes Kowacz, Community Development Submitted By: Sean Farrelly, Community Development Item Type: Ordinance Meeting Type: Council Public Hearing - Legislative Business Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE The City Council will hold a public hearing on the 2016 Omnibus Code Amendment Package (DCA2016-00003). STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Cite Council approve the proposed Development Code amendments as recommended by Planning Commission. KEY FACTS AND INFORMATION SUMMARY The DCA2016-00003 Omnibus Code Amendment Package includes the following: 1. Amend Chapter 18130 Use Categories and 18.510 Residential Zoning Districts to include animal boarding when completely enclosed in a building under the Personal Services use category in Commercial Zones only; and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height limit from 45 feet to 80 feet in the Main-Center sub-area; and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial. Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. ANIMAL BOARDING Owners of dog boarding facilities have expressed concern to Tigard City Council about current regulations pertaining to the classification of overnight boarding facilities. According to TDC 18.130.060.B, the boarding of normal household pets is considered an "Animal-Related Commercial" use, and is not allowed in most commercial zones. After review of similar regulations in surrounding jurisdictions, staff proposed to Planning Commission to reclassify animal boarding facilities as a "Personal Service" use provided all associated activities (with the exception of parking) is completely enclosed in a building. If classified as a Personal Service use, animal boarding would be allowed in most commercial zones and restricted in the High Density, Residential zones and Industrial Park zone. Planning Commission expressed concern about animal boarding in residential zones. Planning Commission's recommendation is to reclassify animal boarding to personal service, but prohibit it in all residential zones. DOWNTOWN HEIGHTS Prior to 2010, the Tigard downtown area was zoned Central Business District, with 80-foot height limits. In 2010, a new Mixed Use-Central Business District (MU-CBD) zone was instituted. Rather than having a single height limit, the zone was broken down into sub-areas with different building and site development standards including building heights. A 45-foot height limit was set in the Main-Center sub-area with the idea that taller buildings might present a visual conflict with the existing one and two story buildings on Main Street. Taller buildings, however, are more financially feasible downtown because more leasable square footage is necessary to offset the high costs of new construction and the relatively lower rental rates that can be presently achieved in the downtown. Returning the 80-foot height limit that was in place for much of the Main-Center sub-area prior to 2010 is in keeping with the area's designation as a Town Center, a focus area for transit supportive redevelopment. MULTI-FAMILY IN THE TIGARD TRIANGLE The Tigard Triangle Plan District was adopted to allow development of a mixed-use employment area with a convenient pedestrian and bikeway system. Zoning within this district includes both Mixed Use Employment (MUE) and General Commercial (C-G). Multi family housing is permitted in the MU1? zone at 25 units per acre but is restricted in the C-G zone to a maximum of 25°-0 of the total gross floor area for multi-family use. In May 2015 the city, along with citizens, property owners and businesses, developed the Tigard Triangle Strategic Plan which envisions a vibrant, walkable Triangle with a mix of uses. Plan participants emphasized the importance of providing a varier), of housing choices and greater affordability within the Triangle. This amendment will allow multi-family to occur without limitation on square footage in the Tigard Triangle and will encourage housing development that supports the vision for the Triangle and eliminate barriers for providing much needed work-force and affordable housing. OTHER ALTERNATIVES I{ 1. Continue the public hearing to a later date. 2. Revise the recommendation and approve. 3. Deny the amendments. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 1 I ' Strategic Plan Goal 2: Ensure development advances the vision. Comprehensive Plan Goals: 1 - Citizen Involvement 2 - Land Use Planning 9 - Economic Development 10- Housing 15 - Special Planning Areas-Downtown DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Exhibit A Staff Report Exhibit B Amendments CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE AMENDING CHAI'I'LRS 18.130 (USE CA I'EGORIES), 18.510 (RESIDENTIAL ZONING DISTRICTS), 18.520 (COMMERCLIL ZONING DISTRICTS), 18.61Q (TIGARD DOWNTOWN PLAN DISTRICT), D 18.620 (TIGARD TRIANGLE PLAN DISTRIC13 FOR THE PURPOSE OF ADOPTING AN OMNIBUS AMENDMENT PACKAGE TO CLASSIFY ANIMAL BOARDING AS A PERSONAL SERVICE USE CATEGORY, INCREASE HEIGHT L1I ITS IN THE MAIN-CENTER SUB-AREA OF THE TIGARD DOWNTOWN PLAN DISTRICT„ D ALLO\\' MULTI-FAMILY DWELLINGS N THE GENERAL COMMERCIAL ZONE WITHIN THE TIGARD TRIANGLE (DCA2016-00003). WHEREAS, the city has initiated an application to amend the text of Development Code; and WHEREAS, the purpose of the amendments is to address emergent development code issues regarding prohibition of animal boarding in commercial zones, height limits in the Tigard Downtown Plan District, and multi-family dwellings in the Tigard Triangle; and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public heating;and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.390.060.D and ORS 227.186;and WHEREAS, the Tigard. Planning Commission held a public hearing on October 17, 2016 and recommended by unanimous vote that Council approve the proposed code amendment, as amended by Planning Commission;and WHEREAS, the Tigard City Council held a public hearing on November 1, 2016 to consider the proposed amendments; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has determined that the proposed development code amendments are consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 16- Page 1 NOW,THEREFORE,THE CITY OF TIG ARD ORDAINS AS FOLLOWS: SECTION 1: Council adopts the findings contained in the 'Planning Commission Recommendation to the City Council", dated ctober 10, SCI 6 and included as "Exhibit A" to this O aced 2r�t ��y' to, �� �► T4' i'% Tyr SECTION 2: Tigard Development Code (Tide 18) is amended as shown in "Exhibit B" of the Planning Commission Recom endation to i Council `-r t Fe SECTION 3: This ordinance shall be eff tive 30 days after its passage by the Council, signature by the Mayor, and posting v the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, is day of ,2016. �0 „ Carol Krager, Cin Recorder -"" APPROVED: By Tigard City Council this day of , 2016. Vial .John L. Cook, Mayor Approved as to form: City Attorney Date ti ORDINANCE No. 16- Page 2 Agenda Item: # 1 Hearing Date: November 1.2016 Time: 7:30 PM PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: OMNIBUS CODE AMENDMENT PACKAGE CASE NO.: Development Code Amendment (DCA) DCA2016-00003 PROPOSAL: The proposed legislative amendments to the Tigard Development Code (TDC) would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building, under the personal services use category;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. The proposed text and map amendments for the City Council's review are included in Attachment 1, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing); Metro's Urban Growth Management Functional Plan, Title 6, Title 7, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1 10.1.5, 15.1, 15.2.1, 15.2.2, 15.2.6, and 15.2.7 ; and Tigard Development Code Chapters 18.380 and 18.390 SECTION II. PLANNING COMMISSION RECOMMENDATIO N Planning - - lanning Commission recommends approval by ordinance of the proposed development code text amendments (Attachment 1) with any alterations as determined through the public hearing process. OMNiBus CODE I'P.1(:1..1GI Df:A2016-00003 11/1/2016 PUBLIC I11•:.\MN(;.sl'11 1.'RI•:1'l)R'1 "IO"E I II. I11 (; )1.1M:11. PAO.: 1 OF 11 SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY Planning Commission is recommending for Council consideration an omnibus amendment package to address three emergent development code issues. These issues are being bundled together for administrative efficiency through one land use process. The three components are summarized below followed by a brief discussion of each item. Further discussion is provided in Attachment 1 of this report. 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building,under the personal services use category ;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard'Triangle Plan District. DOG BOARDING AS A PERSONAL SERVICE USE Owners of dog boarding facilities expressed concern to Tigard City Council about the current regulations pertaining to the classification of boarding facilitates. According to '1DC 18.130.060.8, the boarding of normal household pets is considered an "Animal-Related Commercial" use and is not allowed in the C-N (Neighborhood Commercial), C-C (Community Commercial), C-G (General Commercial),C-P (Professional Commercial), MU-CBD (Mixed-Use Commercial Business District),MUC (Mixed Use Commercial), MUE-1 and 2 (Mixed-Use Employment) and MUR-i and 2 (Mixed Use Residential) zoning districts. Tigard City Council expressed interest in pursuing this further and asked staff to explore the option of allowing this use in commercial zones provided the impacts could be mitigated. Staff researched several cities to see how animal boarding was being regulated. The comparison of these regulations is listed below: City Regulation o Consider overnight animal boarding to be an "animal boarding facility" • Conditionally permitted in industrial zones Lake Oswego • Not permitted in commercial zones o Consider doggy daycare to be"pet care,daily" • Conditionally or outright permitted in commercial zones, depending on the zone and whether or not it's fully indoors a Consider overnight animal boarding with 5 animals or more to be a "animal care,major" • Conditionally permitted in all commercial and industrial zones, Beaverton with the exception of one industrial zone which permits it outright • Not permitted outright in any zone o Consider doggy daycare and overnight animal boarding to be an "animal service facility" • Permitted outright, but only indoors in Neighborhood Hillsboro Commercial Zone • Permitted outright, subject to certain restrictions in General Commercial Zone OMNIBUS CODE AMtl)I:NI)111 \1 PACKAGE 1)C:12016-00003 11/1/2016PUBLIC I Il?.1RING,S"I'.l11 REPORT'JO.1.1 IF CITYcouNCI!. PAGE 201:11 o Consider doggy daycare and overnight animal boarding (with the exception of animal breeding) to be "retail sales and service" Portland ' Permitted outright or subject to certain limitations in all commercial zones (except the Office Commercial 1 Zone) ■ Conditionally permitted in all industrial zones Based on the research provided above, a majority of the cities classify animal boarding facilities to be some kind of animal related service use with the exception of Portland,which classifies it more generally as service. Lake Oswego prohibits these facilities in all commercial zones, Beaverton allows them only through a conditional use review while Hillsboro and Portland allows them in certain commercial zones. Staff proposes to classify animal boarding facilitates as a "Personal Service" use when all the activities associated with the use, with the exception of parking, are completely enclosed within a building. If classified as a personal service use, animal overnight boarding facilitates would be permitted outright in C-N, C C, C G, C-P, MU-CBD and MUC commercial zoning districts and permitted subject to certain restrictions in the MUE,MUC-1, MUE-1 and 2 and MUR-1 and 2 commercial districts. Planning Commission expressed concern that if animal boarding is reclassified as a personal use service use, animal boarding could potentially occur in two residential zones, R-25 and R-40. To address this, Planning Commission revised the proposed amendment to specifically prohibit animal boarding in residential zones. To accomplish this directive, staff added language to footnote Il in Chapter 18.510 that states "Animal boarding, even if enclosed within a building,is prohibited in residential zones". DOWNTOWN TIGARD PLAN DISTRICT HEIGHT LIMITS II In 2010, a new Mixed Use-Central Business District (MU-CBD) zone was instituted. Rather than having a single height limit, the zone was broken down into sub-areas with different building and site development standards including building heights. The Main-Center sub-area centers on Downtown's historic Main Street. New buildings in the sub-area must include ground floors with commercial storefront features,with residential and commercial uses are permitted on upper floors.❑ Much of the rest of the MU-CBD zone retained the 80-foot height limit of the predecessor zone— the Central Business District (CBD). A 45- foot height limit was set in the Main-Center sub-area with the idea that taller buildings might present a visual conflict with the existing one and two story buildings on Main Street. The 45-foot height limit realistically only allows a 3 story building, due to the requirement that the ground floor in the Main-Center sub-area be 15 feet tall. This reduces the financial feasibility of new construction. Downtown Tigard is a focus area for redevelopment, with an urban renewal district in place. Several redevelopment studies have been undertaken, that have run financial feasibility models for new development. Taller buildings were found to be more financially feasible because more leasable square footage could offset the costs of new construction and the lower rental rates that can be presently achieved in the Downtown. Returning the 80-foot height limit that was in place for much of the Main-Center sub-area prior to 2010 is in keeping with the area's designation as a Metro Town Center, a focus area for transit supportive redevelopment. MULTI-FAMILY DWELLINGS IN THE TIGARD TRIANGLE The Tigard Triangle Plan District was adopted to develop a mixed-use employment area with a convenient OMNIBUS C()DIi.1AlDI'.NDMEN'1'PACKAGE DCA2016-00003 11/1/2016 PUBLIC I II.:AION G,S'l'AI'F REPORT TO'I'I IE CITY COUNCIL PAGP?3 OP 11 pedestrian and bikeway system. In addition, the Triangle is within a Metro designated Town Center. Zoning within this district includes both Mixed Use Employment (MUE) and General Commercial (C-G). Multi- family housing is permitted in the MUE zone at 25 units per acre;but is restricted in the C-G zone. The use is permitted only through a Planned Development process; which limits a maximum of 25% of the total gross floor area for multi-family use. Since the adoption of the Tigard Triangle district, housing development has been limited. However, as demand for housing increases in the Metro region, this is likely to change. In May 2015 the City along with citizens, property owners and businesses developed the Tigard Triangle Strategic Plan, which envisions a vibrant, walkable Triangle with a mix of uses. Plan participants emphasized the importance of providing a variety of housing choices and greater affordability within the Triangle. Amending the C-G restrictions on multi-family in the Tigard Triangle will encourage housing development that supports the vision for the Triangle and eliminate barriers for providing much needed work-force and affordable housing. The proposed amendment is limited to the C-G zone within the Tigard Triangle; thus multi-family will still be restricted in C-G zones in other areas of the city. PROPOSED AMENDMENTS Amend the Tigard Development Code as proposed: o Text Amendments to Chapter 18.130 (Use Categories) to amend the "Animal-Related Commercial" use category to allow overnight boarding as a "Personal Service" use when all activities,with the exception of parking,are completely enclosed within a building. o Text Amendments to Chapter 18.510 (Residential Zoning Districts) to amend footnote 11 of Table 18.510.1 with language that states"Animal boarding,even if enclosed within a building, is prohibited in residential zones". o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend 18.610.020.A.1, the sub-area description for Highway 99 and Hall Boulevard Corridor, to correct a typo on line seven by changing "eight stories" to "45 feet" to make the description consistent with the MU-CBD Development Standards Matrix;Table 18.610.1. o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend the maximum height standard for the Main-Center sub-area in the MU-CBD Development Standards Matrix; Table 18.610.1, from 45 feet to 80 feet. o Text Amendments to Chapter 18.520 (Commercial Zoning Districts) to amend footnote 11 of Table 18.520.1 in order to remove the requirement for a Planned Development Review for multi-family housing within the C-G zone within the Tigard Triangle Plan District. o Text Amendments to Chapter 18.620 (Tigard Triangle Plan District) to add a new Section that would allow multi-family dwelling units in the C-G (General Commercial) zone. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. OMNIBUS(;()t)I;.tMI)I SNDNIENT PACKAGE 1)(::12016-00003 1I/1/2016PUBLIC HEARING,S .111FRI'.PORT •I'OTIP:CITY CCIIINCH, PAGE 4(OF 1t Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28,2016 to affected government agencies and the latest version of the City's interested parties list A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided.This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the "Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare,and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal seeks to provide a variety of needed housing types. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10,1 and associated policies. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the METRO's Urban Growth Management Functional Plan,only applicable Titles are addressed below. Tide 6: Central City, Regional Centers,Town Centers and Station Communities OMNIBUS CC)DI?AMDENDMIINT PACKAGE DC:A20164)0003 11/1/2016 PUBLIC HEARING,S I'All;REPORT TO DIE CITY COUNCII, PAGE 5 OF 11 Requires local jurisdictions to adopt land use and transportation plans that are consistent with Metro guidelines for designated Town Centers. FINDING: The Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center. Centers are defined as "compact, mixed-use neighborhoods of high-density housing, employment and retail that are pedestrian-oriented and well served by public transportation and roads." Downtown Tigard is also a designated Station Community. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new buildings that will help achieve "compact, mixed-use neighborhoods of high-density housing, employment and retail."This title is satisfied. Title 7 —Housing Choice: This goal ensures that Comprehensive Plans and implementing ordinances provide for a diverse and affordable range of housing. FINDING: The proposed amendment will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review. The proposed code amendment will make the process for permitting this type of development timelier and less costly. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new mixed use buildings with upper floor residential that will help provide for a more diverse and affordable range of housing near the transit center in Downtown Tigard,a Metro designated Town Center where new housing will be focused.This title is satisfied. Title 8—Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This title has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the OMN'Hus(:()1)1 .1MI)I.Nt)MINC P, CK:\(;I? I){:.12016-00003 11/1/2016 PUBLIC I II?.\RING,STAFF REP[)R'I"I't)TI IF CITY MUNCI1. PACE 6 OF 11 1 land use planning process. FINDING: This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided.This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.13: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING: The proposed text amendments will allow for a variety of uses to be located within the City which will result in more taxable economic activity to occur. The proposal includes allowing animal overnight boarding to be a permitted use in most commercials zone. The increase in heights in the Main Street sub-area will also provide for more diverse land uses that may occur downtown. Eliminating restrictions on affordable housing in the Triangle will encourage development of more housing in the district. This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments do not change the requirements for developments to comply with site design/development regulations. All development shall continue to conform to all regulations. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments allowing animal overnight boarding to be allowed in most commercial zones when the associated activities, with the exception of parking, is completely enclosed within a building. Impacts such as noise and odor,which can result from this type of business is mitigated by the activities being completely contained within a building. This use would not generate greater impacts than other commercial OMNIBUS COI):AMI)I:NI)MENT PACKAGE t)C.A2016-00003 11/1/2016 PUBLIC:I II:ARING,STA Iq;REPORT TO TI IE CITY COUNCIL. PAGE 7 OF 1 uses that are currently permitted in commercial zones. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Policy 9.1.5 The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. The City has taken several actions to focus growth in its Metro designated Town Center (Downtown and the Tigard 'Triangle) where there is much vacant and underutilized land. The raising of the height limit in the Main- Center sub-area would increase the financial feasibility of redeveloping underutilized properties in the area. This policy is satisfied. Policy 9.13: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. FINDING: The proposed amendments will remove the requirement for a Planned Development review for multi-family housing within the Tigard Triangle Plan District, which will enable housing projects to be approved through a timelier and less costly process. This policy is satisfied. Policy 9.1.12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economy. FINDING: The raising of the height limit in the Main-Center sub-area would promote livability in the downtown by encouraging new development in an area with good walkability, transit access and proximity to the regional Fanno Creek Trail. This policy is satisfied. Policy 9.3.1: The City shall focus a significant portion of future employment growth and high-density housing developments in its Metro-designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor(Hwy 99W); and the Tigard Triangle. FINDING: The proposed amendments enable multi-family housing to occur in the Tigard Triangle Plan District in a timelier and less costly manner. Raising the height limit in the Main-Center sub-area of the Downtown will provide for higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown).This policy is satisfied. Comprehensive Plan Goal 10: Housing Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that met the needs, preferences and financial capabilities of Tigard's present and future residents. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review, which limits multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly. This amendment would assist in providing affordable housing. Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will increase the financial feasibility for higher density housing and mixed use development near the 'Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Policy 10.1.5: The City shall provide for high and medium density housing in the areas such as town OMNitit 1s Cc)1)F AM1)1sNl)MI:N'I'PACKAGE 1)CA2016-O(X103 11/1/2016PURIM:HEARING,ti'I'.NEI:Rl?POW1"I'O'1'IIl'•ITIN[;Ot!NCl1. PAGE OF 11 centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit and other public services necessary to support higher population densities are either present of planned for in the future. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District, which is part of the Tigard Town Center. Currently, the code only allows this type of development through a Planned Development review. The Planned Development regulations limit multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly and encourage more affordable housing development within the Triangle. Raising the height limit in the Main-Center sub-area of the Downtown will support higher density housing near the Tigard Transit Center in a Metro-designated Town Center(Downtown). This policy is satisfied. Special Planning Area- Downtown Goal 15.1 The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enable people to live,work,play, and shop in an environment that is uniquely Tigard. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will increase the feasibility of redevelopment that will create a vibrant and active urban village. This goal is satisfied. Policy 15.2.1: New zoning, design standards, and design guidelines shall be developed and used to ensure the quality, attractiveness, and special character of the Downtown as the "heart" of Tigard, while being flexible enough to encourage development. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will allow more flexibility in development by permitting taller buildings while still ensuring the quality, attractiveness, and special character of the Downtown. This policy is satisfied. Policy 15.22: The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail, restaurants, entertainment and personal services;❑B. medium and high-density residential uses, including rental and ownership housing;❑C. civic functions (government offices, community services, public plazas, public transit centers, etc);E D. professional employment and related office uses; ands l E. natural resource protection, open spaces and public parks. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will facilitate the development of a mix of complementary land uses, by making such development more financially feasible. This policy is satisfied. Policy 15.2.6: New housing in the downtown shall provide for a range of housing types, including ownership,workforce, and affordable housing in a high quality living environment. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will improve the financial feasibility of mixed use buildings with upper floor residential and so provide for a range of housing types in the downtown. This policy is satisfied. Policy 15.2.7: New zoning and design guidelines on Main Street will emphasize a "traditional Main OMNIBUS CODE AMI)I?N1.)MINI PACKAGE DCA2016-00003 11/1/2016 P11B1.IC I[FARING.STAFF RENO-WIC) TI II?CITY COUNCI1. PAGE 9 OF II Street" character. FINDING: Many communities in Oregon have traditional Main Streets that allow buildings taller than 45 feet. Design standards including window coverage, traditional storefront appearance will remain in place and will ensure that new buildings to provide a"traditional Main Street character." This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.380: Zoning Map and Text Amendments 18.380.020 Legislative Amendments to this Title and Map Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. Section 18.380: Decision Making Procedures 18.390.060 Type IV Procedure 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. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan;applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, METRO, DOGAMI, ODOT, DLCD, DEQ, ODFW, CWS, and Tri- Met were notified of the proposed code text amendment but provided no comment. ls.rl\6til'S C()IW AmDi NDNIEN'I'P.1(:K\(;E DCA2016-00003 11/1/2016PUBLIC III{AILING,STAFF ItEPOIt'1"1'O'Ft ii:(:1'1'YC(IUN(:I1. PAGE 10OF11 ODOT provided comments stating they have would like to review the City's Transportation Planning Rule (TPR) 0060 findings. Staff stated that they will provide the findings as soon as they are received from the consultant. Tualatin Valley Fire and Rescue provided comments stating that they reviewed the proposal SECTION VI. PUBLIC COMMENTS The City received two phone calls inquiring more details on the code amendments and how the regulations were proposed to change. Staff provided additional information and invited them to attend the public hearings. The Planning Commission heard testimony from four citizens at the public hearing on August 15, 2016. Two citizens spoke in favor of the amendments,one was neutral and the fourth was against the change to the Tigard Triangle Plan District. The testimony was considered by the Planning Commission as they formed their recommendation to Council to approve the proposed amendments. The Commission also decided to make amend Issue 1 as proposed by staff. The Commission directed staff to add language that prohibits overnight dog boarding in residential zones. The Planning Commission Minutes are included as Attachment 2. ATTACHMENTS: Attachments: 1. Draft Text Amendments a. 18.130 Use Categories and 18.510 Residential Zoning Districts b. 18.610 Tigard Downtown Plan District c. 18.520 Commercial Zoning Districts and 18.620 Tigard Triangle Plan District 2. Draft October 17, 2016 Planning Commission Minutes IV' • r — October 19. 2016 PREPARED BY: : les Kowacz DATE Associate Planner _' October 19, 2016 APPROVED BY: Tom McGuire DATE Assistant Community Development Director O1iN11il'+COM:ANI1)F.NDMI N'I 1'.1(:1,:.AG1: 1)1:,12016-00003 11/1/2016 PUBLIC lf: I CI.:ARINfi,S'I',1I I. 1(1 1'()1{'I"!'O 1111. r:I l'1'r'O1'\('11. 1).1(i1i 11 OF II Attachment 1.a DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Strikcthrouth —Text to be deleted [Bold, Underline and Italia -Text to be added Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses arc those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture use. e. Overnight boarding facilities for household pets when these facilities and all their activities,. with the exception of parking, are completely enclosed within a building, shall be considered Personal Service. Except from Chapter 18.510 RESIDENTIAL ZONING DISTRICTS TABLE 18.516.1 USE'TABLE: RESIDENTIAL Attachment 1.a Personal Service is restricted (R) in the R-25 and R-40 zone and is subject to Footnote 11 as follows: 1111 Limited to ground-floor level of multi-family projects, not to exceed 1(1''0 of total gross square feet of the building. Animal boarding, even if enclosed within a building, is prohibited in residential zones. 9 Attachment 1.b D CA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: ,.trikethrough —Text to be deleted [Bold, Underline and Italiel —Text to be added Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity, 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor.The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings, to mixed use buildings up to _ 45 feet tall with retail on the ground floor and residential and/or office uses above. 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on. upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. Attachment 1.b P 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. Attachment 1.b Map 18.610.A: Tigard Downtown Plan District Sub-Areas Tigard Downtown Plan District 21 Sub-Areas Urban Renewal Dislrict nwun • — Fanw-Burnham Man-Canter Suers-Conrrnnaci al 0 Staton Atea OVenay 4 101� a <9� J J Note: for standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. Attachment 1.b B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. I. Development standards matrix. See Table 18.610.1 and Map 18.610.A. Table 18.610.1 MU-CBD Development Standards Matrix 1'2'3 STANDARD SUB-AREAS Main Street 99W/Hall Corridor Scoffins/Commercial Fanno Burnham (MS) (99H) (SC) (FB) Front setback W5 fi. Minimum 0 ft. (5 ft.for frontage on 0 ft. 0 ft. 99W) Maximum 10 ft. 25 ft. 20 ft. 20 ft. Side facing street on corner and through lots Minimum 0 ft. 0 ft. 0 fl. 0 ft. Maximum 10 0. N/A N/A N/A [ Sideyard Minimum/maximum N/A N/A N/A N/A 11 Rear setback 1 Minimum 0 ft. 5 It. 5 ft. 5 II. r Maximum N/A N/A NIA N/A [ Building height II Minimum 20 ft. 20 it. 20 ft. 20 11. Maximum 4-580 ft. 45 It. 80 N. 80 ti. Ground floor height minimum 15 O. 15 11. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping' 0%5 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimum" 25 25 25 15 Maximum 50 50 506 506 This table does not apply to existing development.All new buildings in the district must meet these development standards. including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. : See also Section 18.610.045,Exceptions to Standards. J In the MU-CBD zone, requiredlandscaping can be provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. 5 Landscaping/screening requirements for parking lots must be met. ° Station area overlay permits a maximum of 80 units per acre(see Map 18.610A). I 7 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.610.A) or within 50 feet of low or medium density residential district. s Minimum density applies to residential-only development(not mixed use). 1 Attachment 1.b 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street,parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. 70IIC301:3r-n0Cm m- -7c000c nOn= c'r cJr V 11 0 6 Et a e� I 9 a r_ o o •0 I I v_ I R 1 0 Building S j Building d 11 1 o I - 01 Parking an the sloe or rear of buildings 0 L-1 landscape standard Mat.50%of site frontage not required along shared prop,rine Min.10'setback Q See Ch 18.745 for screening and landscaping requirements B.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. Attachment 1.b c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. ‘r ro 0� 5 feet max.equipment height V Equipment set back min.5 feet B.3 Rooftop Features/Equipment Screening Attachment 1.b 0 wir 0 Sceen made of primary exterior finish material,wC30d,or masonry B.3.d.(1)Rooftop Features/Equipment Screening(architectural screen) ® Q 41r ° Irod PA, 0 Green rod features with evergreen foliage B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW,public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or Attachment 1.b b. Set back from the street-facing elevation so it is not visible from the public ROW;or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained, (Ord. 15-05 §2;Ord. 13-04§1; Ord, 12-13 §1;Ord. 10-02 §2) Attachment 1.c DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Strikethrough —Text to be deleted [Bold, Underline and Italia —Text to be added Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE18.520.1 USE TABLE: COMMERCIAL ZONES Household Living in the C-G zone is restricted (R) and subject to Footnote 11 as follows: [11] A single-family unit providing that it is located on the same site with a permitted or conditional use irr and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it is permitted outright. Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G zone.Minimum and maximum density requirements do not apply to these developments. EXHIBIT B Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. I:xceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building, shall be considered Personal Service. Use Categories 18.130 Proposed Code Amendment DCA2016-00003 EXHIBIT B Excerpt from Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: I. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230. 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions. 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230. 4. A prohibited(N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510 Proposed Code/Intendment DC 12016-00003 P EXHIBIT B I P TABLE 18.510.1 I USE TABLE ! USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living RI/C R'/C R'/C R'IC R'/C R'/C R'/C R'/C Transitional Housing N N N N N C C C E Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES d l Single Units,Attached N N N R8 R'/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R' R' R' Duplexes N N C C P P P P Multifamily Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) N Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C CCCC Community Recreation C C C C CCCC Cultural Institutions Day Care N N C C CCNN P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C C CNNN Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C CCCC Schools 02 C'` C'2 C12 C12 C'2 C" C12 Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N NNNN Custom Arts and Crafts N N N N NNNN Eating and Drinking Establishments N N N N NNNN Major Event Entertainment C13 C13 C13 Cu 03 C13 C13 C'3 Outdoor Entertainment N N N N NNNN Indoor Entertainment N N N N NNNN Adult Entertainment N N N N NNNN Sales-Oriented N N N N N N R" R" 1 Personal Services N N N N N N R" R" Repair-Oriented N N N N N N R" R'1 Bulk Sales N N N N NNNN Outdoor Sales N N N N NNNN Animal-Related N N N N NNNN Motor Vehicle Sales/Rental N N N N NNNN Motor Vehicle Servicing/Repair N N N N NNNN Vehicle Fuel Sales N N N N NNNN Office N N N N NNNN Self-Service Storage N N N N NNNN 11 Non-Accessory Parking N N N N N C'o coo co P Residential Zoning Districts 18.510 Proposed Code Amendment DCA2016-00003 3 EXHIBIT B TABLE 18.510.1 USE TABLE (cont'd) USE CATEGORY R-1 R-2 R-33 R-4.5 R-7 R-12 R-25 R-40 INDUSTRIAL Industrial Services N N N N N N N N Light Industrial N N N N N N N N General Industrial N N N N N N N N Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture p6 P6 P`' P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 PIR' P/R7 P/R7 TransportationlUtility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 'Permitted subject to requirements Chapter 18.742. 'Permitted subject to compliance with requirements in 18.710. 4Except water,storm,sanitary sewers,and other underground infrastructure facilities, which are allowed by right. 'In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet i all state requirements permitted conditionally. i °When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets. may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. See Chapter 18.798,Wireless Communication Facilities, for requirements for permitted and restricted facilities. 'Attached single-family units permitted only as part of an approved planned development. 'Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 'Only park-and-ride and other transit-related facilities permitted conditionally. 31Limited to ground-floor level of multi-family projects,not to exceed 10%of total gross square feet of the building. Animal boarding,even if enclosed within a building,is prohibited in residential zones. 'School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is three years. An extension to the time limit is possible through a major modification to the conditional use. "Permitted as a conditional use on public school sites.(Ord. 15-05 §2;Ord. 10-15 §1;Ord.07-12:Ord.07-05) Residential Zoning Districts 18.510 Proposed Code Amendment DCA2016-00003 EXHIBIT B fr Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards it A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings, to mixed use buildings up to 45 feet tall with retail on the ground floor and residential and/or office uses above. 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street.- A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. EXHIBIT B • Map 18.610.A: Tigard Downtown Plan District Sub-Areas 1 "Tigard Downtown flan District 21 I Sub-Areas M .-_ Urban Renewaa Uislricl • P W4-tall — Fanno-Burnham Man-Center ASentfins-Conme'cial �� ,+ Stadon Mee OVenay Ce.po oilli •4000P 1111 Illii In J 03t�P\ a , ski. :6,G 41 6 r''. - 'yp e J CO J J Q T CO Note: for standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. EXHIBIT B B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. 1. Development standards matrix. See Table 18.610.1 and Map 18.610.A. Table 18.610.1 MU-CBD Development Standards Matrix t" 3 STANDARD SUB-AREAS Main Street 99W/Hall Corridor Scot-tins/Commercial Fanno/Burnham (MS) (99H) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft.for frontage on 0 ft. 0 II. 99W) Maximum 10 ft. 25 ti. 20 ti. 20 II. Side facing street on corner and through lots Minimum 0 ft. 0 II. 0 ft. 0 ft. Maximum 10 ft. N/A N/A N/A Sideyard Minimumimaximum N/A N/A N/A N/A Rear setback Minimum 011. 5 ft. 5 ft. 5 ft. Maximum N..A N/A N/A N/A Building height Minimum 20 ti. 20 ft. 20 ft. 20 ft. Maximum 80 11. 45 ft. 80 ft. 80 ft.' Ground floor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping 0%. 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimum` 25 25 25 15 Maximum 50 50 506 506 This table does not apply to existing development.All new buildings in the district must meet these development standards, including projects using the Track 3 approval process. For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. See also Section 18.610.045,Exceptions to Standards. ' In the MU-CBD zone, required landscaping can he provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. Landscaping/screening requirements for parking lots must be met. 6 Station area overlay permits a maximum of 80 units per acre(see Map 18.610A). 7 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.610.A) or within 50 feet of low or medium density residential district. Minimum density applies to residential-only development(not mixed use). EXHIBIT B 2. Parking location, a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. 000th 0 to09150.111090000090010.00199019990 11, 199 0 1_ o 100 r 0 I a 'o 0 o 0 O I 0 • s 46 _ 0 0 a 0 0 F. o Building w Building 0 c. Rwe. .-.--_ ..Y. IF -- —____.— ft I __ pa�. • -0— 0 7 S • B Parking witty sldyor rear of buildings 0 11 landscape standard Max.50%of site frontage landscape not requireel along shared prop lone Mit tQ sytback CO See Ch.18.745 for screening and landscaping requirements B.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. I EXHIBIT B F c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; I Nii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. V. 5 feet mu equipment height 0 Equipment tet back min.5 Feet B.3 Rooftop Features/Equipment Screening I EXHIBIT B Q rook 4 � ° 0 keen made of primary exterior finish material,ww4 or masonry B.3.d.(1)Rooftop Features/Equipment Screening(architectural screen) 0 Cdr ° st vr law 0 Green roof features with evergreen foliage B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW,public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or EXHIBIT B b. Set back from the street-facing elevation so it is not visible from the public ROW;or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained.(Ord. 15-05 §2;Ord. 13-04§1;Ord. 12-13 §1;Ord. 10-02§2) EXHIBIT B Excerpt from Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions. 3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapter 18.370. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in commercial zones is presented in Table 18.520.1. 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 state building code. 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Chapter 18.798, Wireless Communication Facilities, shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. (Ord. 10-15 §1; Ord. 09-13) Commercial Zoning Districts 18.520 Proposed Code Amendments DC.42016-00003 EXHIBIT B TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N"41 C-CIS•1°1 C-G C-P MU- MUE120I MUC-1 MUC1281 MUE MUR CBD1j9..MI 1 and 21'1 1 and 212'I RESIDENTIAL Household Living N _ R161 RIf1 R P R1211 pL2(1 P P P Group Living - N N C N P N I C _ R1291/C R1291/C RI:91/C Transitional Housing N N C N C N C C C _C Home Occupation R121 R121 R121 R121 R121 R121 P R121 Rt21 R121 HOUSING TYPES Single Units, Attached N/A N/A N/A N/A P N/A N/A RI" R1301 P Single Units, Detached N/A N/A N/A N/A N/A N/A N/A R1301 R1301 R1'1 Accessory Units N/A N/A N/A N/A N/A N/A N/A R1311 R011 R1311 Duplexes N/A N/A N/A N/A N/A N/A N/A R1'1 R1301 P Multifamily Units N/A N/A _ N/A N/A P N/A N/A P P P Manufactured Units N/A N/A N/A N/A P N/A N/A N N _ N Mobile Home Parks, Subdivisions N/A N/A N/A N/A R13fi1 N/A N/A N N N CIVIC(INSTITUTIONAL) Basic Utilities C C13�1 CI371 C C _ C C C1321 01321 01321 Colleges _ N N N N P 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/C1331 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 Facilities P P P P P P P P P P Religious Institutions C C P P P P P P P C Schools N N N N P C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C _ COMMERCIAL Commercial Lodging N N P R1141 P P P P P N Custom Arts and Crafts N N N N P1391 N N N N N —Eating and Drinking Establishments C P P R1'51 P P P P P R134135' Commercial Zoning Districts 1$.520 Proposed Code Amendments DCA2016-00003 EXHIBIT B USE CATEGORY C-NI1•41 C-C15•101 C-G C-P MU- MUE12°I -MUC-1 MUC12S1 MUE MUR CHIP" 1 and 2128I 1 and 21281 COMMERCIAL(coned.) Major Event Entertainment N _ N C N C N C _ C N N Outdoor Entertainment N N P R11'1 C N N C N N Indoor Entertainment _ P P PP p p P 1 p P N Adult Entertainment N N C N N N N C N N Sales-Oriented P WI p 81161 P/R113�1 R1221 81251 P 0221 Rt 4/351 Personal Services P P P P P R1221 81251 P - R1221 R134/351 Repair-Oriented P P P N P R1221 R1251 R12L1 R1221 N - - Bulk Sales N N P N R13'1 R1221 R1251 81221 RI221 N Outdoor Sales N N P N N N N N N N Animal-Related N N N N N P P N N N Motor Vehicle Sales/Rental N N P/Ct121 N R1- 1 N N R1241 RIN1 N Motor Vehicle Servicing/Repair N Cm P/C1121 N C R1221 R1251 N N N Vehicle Fuel Sales C C C N R1361 N C C C N Office P R1'1 P P P P P P P R1141351 Self-Service Storage N N C N 81361 N N N N _N Non-Accessory Parking C C P P P P P P P N 1 INDUSTRIAL Industrial Services N N N N N N N N 'N N Light Industrial N N N N N R1231 N N 81231 N General Industrial N N N N N N N N N N Heavy Industrial N N N N N N N N N N Railroad Yards N N N N _ N N N _ NN N Research and Development N N N N C 81 22 241 R1 ''1 N -- R1231 N Warehouse/Freight Movement N N N N N R121 N N R1223`2241 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N N N I N N R1`3`-°1 N OTHER Agriculture/Horticulture N N N N N N N Cemeteries _N N N N N N N Detention Facilities N N C N C N N Heliports N N C C N N N Mining N N N N N N N Commercial Zoning Districts 18.520 Proposed Code Amendments DCA2016-00003 EXHIBIT B USE CATEGORY C-N" 41 C-C15.161 C-G C-P MU- MUEI291 MUC-1 MUC12sl MIFF MUR CRDI19.3s1 1 and 212RI 1 and 212s1 OTHER(cont'd.) Wireless Communication Facilities P/R''1 P/RI;1 P/R131 P/RI31 _ P/R131 I P/R131 P/R1271 P Transportation/Utility Corridors P P P P P j P P P P P P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted Commercial Zoning Districts 18.520 Proposed Code Amendments DCA2016-00003 1,11 • [I] All permitted and conditional uses subject to special development standards contained in 18.520.050.A. [2] Permitted subject to requirements Chapter 18.742. [3] See Chapter 18.798 Wireless Communication Facilities,requirements for permitted and restricted facilities. [4] Uses operating before 7 a.m.and/or after 10 p.m.are conditional uses. [5] All permitted,limited and conditional uses must meet special development standards in 18.520.050.B. [6] Residential units permitted by right,as a mixed use in conjunction with a commercial development,on or above the second floor of the structure,at densities not to exceed 12 unitsrnet acre. [7] Limited to 10,000 gross square feel in size,except retail food and beverage outlets.which are limited to 40,000 gross square feet or less. [8] Limited to motor vehicle cleaning only. [9] When combined in single structure,each separate establishment shall not exceed 5,000 gross square feet. [101 Uses operating before 6 a.m.and'or after I 1 p.m.:or drive-up windows are conditional uses. [11] A single-family unit providing that it is located on the same site with a permitted or conditional use m and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use.Multifamily housing is permitted as part of a PD,subject to Chapter 18.350. unless located within the I igard Triangle Plan District,where it is permitted outright. [12) Cleaning, sales and repair of motor vehicles and light equipment is permitted outright: sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally, [13) (Deleted by Ord.09-13) [14] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. [I5] As accessory to offices or other permitted uses,the total space devoted to a combination of retail sales and eatingfdrinking establishments may not exceed more than 20%of the entire square footage within the development complex. [16] May not exceed 10%of the total square footage within an office complex. [17] Single-family attached and multi-family residential units,developed at R-40 standards,except the area bounded by Fanno Creek, Hall Boulevard.O'Mara.Ash Avenue and Hill Street.within which property zoned for CBD development which shall he designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. [18] Motor vehicle cleaning only. [19] Drive-up windows arc permitted to continue if the property had one lawfully in existence prior to the adoption of the MU-CBD designation. Otherwise,not permitted. [20] All permitted and conditional uses subject to special development standards contained in 18.520.050.C. [21] Multifamily residential,at 25 units/gross acre,allowed outright.Pre-existing detached and attached single-family dwellings are permitted outright. [22] New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-0 at the time the Mt IL zoning district was adopted in the Tigard Triangle. [23] All activities associated with this use.except employee and customer parking,shall be contained within buildings. [24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use,and does not exceed the floor area of the permitted use, [25] Permitted provided the use is no larger then 60,000 square feet of gross floor area per building or business. [26] Household living limited to single units, attached, and multifamily including but not limited to apartments, attached condominiums, townhouses and rowhouses ata minimum density of 25 dwelling units per acre and a max Until')density of 50 dwelling units per acre. [27] Wireless only as attached to structure within height limit,see Chapter 18.798. [28] All Permitted and Conditional Uses subject to special development standards contained in Chapter 18.630. [29] Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. [30] Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630. [31] Permitted for pre-existing housing units,subject to requirements Chapter 18.710. [32] Except water,storm,sanitary sewers,and other underground infrastructure facilities,which are allowed by right. [33] In-home day care which meets all state requirements permitted by right: freestanding day care centers which meet all state requirements permitted conditionally. [34] This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50%of the total floor area within the mixed-use development,and shall be permitted only when minimum residential densities are met. An exception to the requirement that commercial uses may he permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3 282002).The exempted properties are identified as assessor map number: 1 S 135 AA-00400, I S 135AA-01400, IS 135AA-01900, I SI AA-0190 I, 1 S 135 DA-02000, Ise 35AA- 02500, 1 S 13 5 AA-02 600,I SI35 AA-02 700, I SI 35DA-t)1900,and IS 1 DA-02000.These parcels,or parcels created front these parcels,after the effective date of this ordinance,may be developed as a solely commercial use with a use permitted in the M UR-1 or MUR-2 zones, [35] The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/2812002). 'The exempted properties are identified as assessor map number: IS135AA-00400. 1S135AA-01400, IS135AA-01900. ISIAA-01901, IS135DA-02000. 1S135AA-02500, ISI35AA-02600, I SI35AA-02700, ISI35DA-01900,and IS1 DA-02000.On these parcels,or parcels created from these parcels,after the effective date of this ordinance,a commercial development is not limited to a specific square footage,however,all other dimensional standards of the MUR- 1 and M 11R-2 zoning district apply which may limit the ultimate size of commercial development. [36] Only for properties that were lawfully in existence(as permitted,conditional,or planned devclopmentl prior to the adoption of the MU- CBD designation. [37] New retail and sales uses may not exceed 60,000 square feet of gross leasable area per building in all subareas except 99W/Hall Corridor subarea.(See Map 18.610.A) [38] All developments subject to Chapter 18.610,Downtown Urban Renewal Standards,and Map 1.8.610.A. [39] Custom Arts and Crafts uses may not exceed 500 square feet of production area. (Ord. 15-05 §2; Ord. 10-15 §1; Ord. 10-02 §2; Ord. 09-13; Ord. 02-32 Commercial Zoning Districts 18.520 Proposed Code Amendments DC42016-00003 • EXHIBIT B Excerpt from Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts,multifamily dwelling units are permitted in the C-G zone. Minimum and maximum density requirements do not apply to these developments. � I Tigard Triangle Plan District 18.620 Proposed Code Amendment DCA2016-00003 a AGENDA ITEM No 5 Date. November 1,2016 TESTIMONY SIGN-UP SHEETS Please sign on the following page(a)if you wish to testify before City Comical on: Legislative Public Hearing — 2016 OMNIBUS CODE AMENDMENT PACKAGE This s a City of Tigardpublic meetin&subject to the Star ofOregoQt public meeting and records laws. All wrhten and oral testimony become pan afthe public second and it openly evadable to all members of the prtb e. The names and add +r afpersons who attend or participate in City of riga d pub&mertings will be included in the meeting minutes, :,dick is a pul*record Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Due Naber 1,2016 PLEASE PRINT This is a City of Tigard public nxrung, subject to the Starr ofOryr ltpublicmceting and records laws. AR antten and orad testimony became parr of tepull&mord and it open!►• ane,Tahk ru all members al die public. The names and addresses ofpe tsons who attend or participate in Cin of Tt anf public meetings will be included in dee netting minutes, which is a public record pi -=st `pcdir: 1p i J�w�, Oppu t-Awaking Amina) Neuer] imNamAddtrta&Pho>n \n. N amt,Address&Phone No. Name Adnc�aa&Phone No. � a r N . 'C h4e I b 4- sicvt tav v, (plSl , u . 'iv. A �� 7ari0 r', VIII � vcD,D Name.slaws&Phone No. Name e Nre Address&Phowo. Nems Address&Phone Nu w! Name,Addrew n Pbcne No. Name;Addecaa&Pismo No Aleagydddrest&Moor No.. t :•.,ni...i*ddreya do Phone No. Name,Addrcst do Phmc No Nom,Addams&Phoae No. ^.,ntc. ...Urea h Phooe +3o Name,Address r+ file uc\,;. Namc,Adana h Pho a No. RECEIVED Nov 01 2016 CITY OF TIGARD -'.ANNt'o's NGINEERING Community Housing Fund 3700 SW Murray Blvd.,#190 Beaverton,OR 97005 503.846.5794 November 1, 2016 City of Tigard • Mayor John L. Cook And City Council Members 13125 SW Hall Blvd. Tigard, OR 97223 • RE: Comments in Support of Omnibus Code Amendment Package DCA 2016-0003 Text Amendments to Chapter 18.620/Tigard Triangle Plan District and 18.520 Commercial Zoning Districts Dear Mayor Cook and City Council Members: The Community Housing Fund would like to express its support for the amendments you will consider tonight, as referenced above. As a member of the Citizen Advisory Committee that helped develop the Tigard Triangle Strategic Plan, it is exciting to see this plan move into its i implementation phase! The goals set out:to create a mixed-use, pedestrian-oriented district for people to live, work, shop and recreate in, and to facilitate redevelopment in the Triangle by minimizing regulation, have been captured in the work to date. In support of multifamily dwelling units within the C-G (General Commercial)zone, we would ask that you consider the following: • The Tigard Triangle is a key area within the SW Corridor—which is projected to add 75,000 residents and 60,000 jobs by 2040. • This area is growing quickly, and is already congested. Locating a mix of housing near jobs and transit is on excellent strategy to help manage growth in walkable and transit- friendly neighborhoods where residents need not own or drive cars. • It is an equitable approach to provide housing in high-opportunity neighborhoods (near jobs,transit and educational facilities), like the Triangle. • Washington County, overall, has a deficit of at least 14,000 housing units affordable to those of modest means (at or below 60%of area median income). Tigard has only about 700 units of"regulated affordable" housing today, and the County overall about 7,300— so a very big deficit to address. • Our region's unprecedented crisis in housing availability and affordability requires that all jurisdictions examine their land use regulations, with an eye towards addressing this housing market shortfall. We know that many of the people who work in Tigard cannot currently afford to live in the City, some commuting from long distances. Others who have lived in Tigard for many years are being pushed out as apartment rents are rapidly escalating. • While there are parcels in the Triangle which have been vacant for decades, a variety of barriers have impacted development.The code amendments you are considering will help provide flexibility for a mix of uses which includes housing. Given that we are experiencing vacancy rates of 2%and below (much more tightly constrained than other commercial uses), time is of the essence in allowing for and promoting much needed residential development. The City of Tigard has demonstrated leadership in Washington County when it comes to planning for and supporting affordable housing. The City's motto ("a place to call home") is as important in the Triangle as it is throughout the City. Thank you for reflecting this, once again, in the policies you consider and adopt. Sincerely, Sheila Greenlaw-Fink Executive Director Agnes Kowacz From: Marty Wine Sent: Tuesday, November 1, 2016 5:54 PM To: Carol Krager; Kelly Burgoyne; Agnes Kowacz;Tom McGuire Cc: Sean Farrelly Subject: FW: Comments on Triangle - Housing in GC Districts Attachments: Support Triangle Housing in GC District.pdf Please include this testimony in tonight's record. Thanks. Marty From:John Cook Sent:Tuesday, November 1, 2016 5:36 PM To:Joanne Bengtson; Council Email Dump; Marty Wine; Liz Newton Subject: FW: Comments on Triangle - Housing in GC Districts From: Sheila Greenlaw-Fink Sent: Tuesday, November 1, 2016 5:35:21 PM (UTC-08:00) Pacific Time (US &Canada) To: Sean Farrelly; John Cook Cc: Rachael Duke; Jessica Cousineau Subject: Comments on Triangle - Housing in GC Districts Hi, all— Sorry I cannot make the meeting tonight, but I am hoping these comments will make it to you in time! The need for housing is acute in our region, and we truly appreciate the flexibility you will provide in GC districts in the Triangle with these amendments. Clearly, the Triangle is a high opportunity neighborhood-to-be, with access to transit,jobs and educational institutions. Residential development is critical for the vibrancy of this area, and will help address the shortfall we are facing in the region. The flexibility you provide for a variety of developments with these amendments is much appreciated! I'll be spending a fun day tomorrow with my auditor, but will try to take a peek to see if these amendments were adopted. As we all know, there are some exciting new affordable housing projects planned in the Triangle! Can't wait for the groundbreakings. Will Sheila Greenlaw-Fink, Executive Director Community Housing Fund 3704 SW Murray Blvd.,tt194 Beaverton,OR 97005 dia 503.846.5794 (fax -5793) www thecommunityhousingfund.org 1 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative RuPes"City General Records Retention Schedule PP 2 RECEIVED NOV 0 t 2616 CITY OF TIGARD P NNING/ENGINEERING Testimonyfor raisingT the height limit in Downtown Tigard 11/01/2016 It is very important to raise the height limit in Downtown Tigard back to 80 feet. I agree with the staff recommendation that it will make the area more financially feasible. I also see three planning objectives that also will be met. 1. We need more people living in Downtown. We currently have hundreds of people and we need thousands of people living there. We need to raise the height to increase the density for housing. 2. We need to raise the height to give housing developers another incentive to add to their toolbox for development. The more incentives we give to developers, the sooner they will come to Downtown Tigard to develop projects. We need to raise the height limit to create another incentive for developers. 3. Every day thousands of people drive through Tigard on Highway 99W and look "down" on the Downtown area. When you are looking "down" on anything you are looking "down" on it. "It is down there and not as good because it is "down" there. It is seen as less. We want to look out and up at Downtown. We need to raise the height limit so we are not looking "down" on Downtown Tigard. It is very important to raise the height limit in Downtown Tigard back to 80 feet. Submitted by: Richard Shavey 11371 SW Sycamore Pl. Tigard, OR 97223 1 B aternar eidel Bill Kabeisenran billkab@basentanseidel.com www halentanseidef.corn Telephone DID: 503.972.9960 Fax DID: 503.972.9968 October 31, 2016 REER/ED Tigard City Council OCT 31 216 c/o Agnes Kowacz CITY OF TIGARD City of Tigard PLANNING/ENGINEERING 13125 SW Flail Boulevard Tigard, OR 97232 Re: Site Development Review(SDR)2016-00007 Dear Commissioners: Adding Multi-family dwelling units to Commercial General Zone Effectively Eliminates Marketability of Adjacent Land as intended for a Commercial General Zone We urge the Council to not adopt the Planning Staffs recommendation to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. At the least, the Council should limit its impact on the eight acres shown in red on the attached map as discussed below. In general, adding a major new use to an established zone designation has the potential for unintended adverse impacts on property whether it is developed or not. Each property subject to the new uses allowed by the contemplated change use has unique characteristics and impacts on neighboring property. The blanket commercial general zone use change should be rejected or replaced by a tool that allows such a change after impacts to neighboring property have been either accepted by the neighboring properties or is determined to have no adverse impacts on the neighboring property. Tax lot 300 Adding Multi-family dwelling units to tax lot 300 effectively eliminates the ability of tax lot 401 to attract major retailers onto its site. The proposed zone change allows Multi- family dwelling units to be inserted between Dartmouth Street and tax lot 401. If the current developer has a binding commitment from Compass Oncology (not just a letter of intent),then adding the option to have Multi-family dwelling units on TL300 is less of a concern, but remains a concern until Compass Oncology is on the site as proposed. Tax lots 400 and 402. Adding Multi-family dwelling units on these tax lots effectively eliminates the ability of tax lot 401 to attract major retailers onto its site. The proposed zone change allows Multi-family dwelling units to be inserted between 72"a Avenue and tax lot 401. Also,the connection to 72nd for these two tax lots and'11401 remains unresolved and this adds more complexity to an already difficult problem. The City stated in the Pre-App for TL401 that ,• 44 Batemaleidel Tigard City Council October 31, 2016 Page 2 only one commercial connection to 72"d will be allowed in the vicinity and that TL401 must connect to a future connection with 72"d across from Elmhurst Street. Possible Solution to Eliminate Unwanted Adverse Impacts from Proposed Zone Change The proposed change to the code to allow multi-family dwelling units in C-G zone in the Tigard Triangle can be limited and not apply to the 8 acres shown in shaded red on the attached drawings (bounded by Dartmouth,72ryd, Wal-Mart, and Hermosa tax lots). This exception makes sense because of the unintended adverse impact it will have on at least one of the tax lots in the 8 acres (adverse impact arises as it is located behind the other tax lots); this area is the focal point of the Triangle—it directly abuts a major retail site and was part of the Dartmouth Street LIT). The limitation on the eight acres could be changed in the future,but will eliminate the unintended adverse impact on property that is directly caused by adding Multi-family dwelling units to a traditional commercial general zone. Very tn}lo yours, Bill Kabeisernan BK: cc: client B atemar e�de . Fax DID: 503.972.9968 Tigard Planning Commission City of Tigard 13125 SW Hall Boulevard Tigard, OR 97232 October 13,2016 Re: Item#7-2016 Omnibus Development Code Amendment Package Development Code Amendment(DCA)2016-00003 Dear President Fitzgerald and Commissioners: This firm represents Gordon R.Martin, Trustee of the Til-County Center Trust(the"Trust"), which owns property within the Tigard Triangle and who would be affected by the code changes proposed in the above referenced item. Please accept these comments into the record and consider them at your October 17,2016,hearing on this matter. For the reasons discussed. below,we urge the Commission to not recommend adoption of the changes to allow mutli- family residential on C-G zoned land in the Tigard Triangle. The omnibus Development Code Amendments involve a number of proposed changes to the Tigard Community Development Code,but our concerns are specifically regarding the third aspect of the request—the proposal to amend CDC Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial(C-G)and the Mixed Use Employment(MUE)zones in the Tigard Triangle Plan District. This letter identifies several issues,but is also supplemented by a copy of the March 30,2015, letter sent by Steve Martin to Cheryl Caines, attached as Exhibit 1. The issues identified in that letter still have not been addressed and the Planning Commission should consider those issues before taking any further action on this matter. To set the context for this request,it is important to note there are now approximately 28 underdeveloped CO acres within the Tigard Triangle. Of that total, at least 10 acres have wetlands, creeks or other concerns or restrictions related to wetlands and water. Of the remaining 18 underdeveloped CG acres in the Triangle about 8 acres are in excellent position near the focal point of the Tigard Triangle(the Dartmouth Street/72nd Avenue intersection) and adjacent to a major retail area and the core retail area of the Tigard Triangle. These approximate eight acres consist of TL100,TL101,TL300,TL400,TL401, and TL402. These tax lots are essentially bounded by Wal-Mart,Dartmouth Street, 72nd Avenue, and the Hermosa lots. As a percentage,this represents about half the available underdeveloped CG acreage in the Tigard BatemarSeidel October 13,2016 Page 2 Triangle. It also represents almost all of the best located CO acreage in the Triangle,if not the entire Portland region. Because of that concentration of acreage,the proposed addition of Multi- dwelling units to areas zoned CO will primarily affects the underdeveloped acres near the focal point of the Triangle. Amending the district to allow multi-family dwelling units will have a significant impact on the development of the Triangle and would allow the development of property to have a completely different purpose,buildings,setbacks,and landscape than CO without the possibility of multi- family dwelling units. Any new setbacks required because of the zone change could also cause a loss in value to TL100 as well as TL401. The reality is that retailers prefer to locate within retail areas. Adding multi-family dwelling units will destroy the atmosphere of the big box retail center area that can currently be developed and is expected adjacent to Wal-Mart. Further,if TL300 is allowed to, and does,build multi- dwelling units,this will adversely affect the ability ofTL401 to attract big box retailers as it will be located behind multi-family dwelling units. In effect,this would force TL401 to forego big box and other retail development and be left with little choice but to consider primarily multi- family dwelling units or office use,which is contrary to the vision in the recently adopted Tigard Triangle Strategic Plan,adopted in 2015. It is also contrary to the substantial assessments that were paid to the Dartmouth Street LID in anticipation of attracting major retailers. The proposed change to the CO zoning will cause real financial damage to some CG zoned land by significantly reducing its marketability as retail and especially big box retail. The purpose behind zoning is to keep like uses next to each other and this proposal throws this concept out the door. Development has not previously occurred largely due the size of the development area and the traffic capacity of the Triangle Portals that was recently increased with Wal-Mart funding. Also,allowing multi-family dwelling units on CG zoned land could result in retail on TL401 and TL100 surrounding a residential area,which would not be beneficial to either the retail or the residential area. Attracting a big box retailer to TL401 will require that TL300 cannot have the option to develop as multi-family dwelling units. This result should only occur with the concurrence of all the property owners that could be negatively affected, otherwise it should not be applied to the underdeveloped CO zoned land in the focal point of the Triangle that was subject to the Dartmouth Street LID. The allowance of new uses also ignores the history of how the Triangle developed. The 8 acres of CG land near the focal point of the Triangle donated 20 feet of ROW along 72nd Avenue and Dartmouth Street to the City because the land was zoned CG and could be developed as big box retail. Perhaps more importantly,most of the 8 acres of underdeveloped land near the focal point of the Triangle were subject to significant assessments to pay for the construction of Dartmouth Street as it now exists. The assessments were based upon land area that was also zoned Commercial General—residential properties were not subject to assessment. Adding multi- family dwelling units will create a significant change that should only be considered with the concurrence of the adjacent property owners that paid into the Dartmouth LID. Property that Batemazeidel October 13, 2016 Page 3 was assessed as Commercial General could essentially be forced(due to retail considerations)to consider only multi-family uses because adjacent property built multi-family dwelling units and this amounts to an unintended restriction being placed upon CG zoned property that was expected to promote and become office or big box retail. Moreover, allowing for this type of development will impact some lots more than others. For example, allowing a residential or a mixed use on TL300 will block the view of TL401 from Dartmouth Street,making it much less attractive for retail use due to a non-retail atmosphere if next to multi-family dwelling units. This is in part due the view corridor to the site being blocked by multi-family dwelling units due to different building standards than office or retail would have. In submnazy,changing the zoning in the Triangle to allow for multi-family housing will have real impacts on current property owners who made significant sacrifices to encourage the development of the Triangle. This change should not be made without fully understanding the ramifications and impacts caused by these changes. Accordingly,we ask the Commission to not recommend approval of the third aspect of these proposed code changes at this time. Very truly yours, Bill Kabeiseinan BK: cc: IL•SSRabli.xner•with aogo.doc i L Cheryl Caines Associate Planner City of Tigard March 30,2015 Hello Cheryl, The following analysis and review of the December 2014 Draft of the Tigard Triangle Strategic Plan Option 2,reveals severe problems are expected with the implementation of the Plan as currently envisioned. The interim period between build-out today and full build-out will likely see development stopped due to inadequate Triangle traffic portal capacity. Determining and increasing the Triangle portal capacity is essential to effectively address development density limitations in the Triangle MUE zone, whereas allocation of development density is best kept fair by equally sharing it amongst all MUE property. The Tigard Triangle Strategic Plan Option 2 proposed zone changes and their effect from an acreage viewpoint in relation to the approximate 375(CO and MUE zone as shown within the Triangle of the Plan)acres in the City of Tigard portion of the Tigard Triangle is summarized as follows: V' A new zone designated as MUT(Mixed-Use.Triangle)be established and the existing MUE (Mixed Use Employment)zone is converted to MUT thus leaving two primary type zones in the Triangle MUT&CG. ✓ The new MUT zone is to have four subareas as follows: [a] a MUT-MU(Mixed Use Triangle- Mixed Use Residential); [b]a MUT-MUC(Mixed Use Triangle Mixed Use Core); [c]a MUT- CR(Mixed Use Triangle-Core Residential; and [d] a MUT-CS (Mixed Use Triangle-Campus); ✓ Using rough estimates since I was unable to locate precise acreage totals,out of a total of about 200 acres in the existing MUE zone about 56 acres are to be rezoned to the said new MUT-MU subarea, about 65 acres are to be rezoned to the new MUT-MUC subarea, about 37 acres are to be rezoned to the new MUT-CR subarea, and about 42 acres are to be rezoned to the new MUT-CS subarea; ✓ Again using rough estimates, out of a total of about 175 acres in the existing CG zone, approximately 34%of it will be rezoned. Roughly, about 49 acres are to be rezoned to the new MUT-MU subarea,and about 11 acres are to be rezoned to the MUT-MUC subarea, Of the approximate total 60 acres of CG zoned land to be rezoned,there are about 51 acres of developed CG land to be rezoned to MUT,about 1 acre of underdeveloped land with an approved project to be rezoned to MMT,and about 8 acres of underdeveloped CG land to be rezoned to MUT. For reasons that should become clearer after reading this document and my 3/30/15 response to your comments on issues regarding the Plan,and regardless of the rough estimates used,the existing MUE development restrictions should remain in place until a full traffic engineering study(without conflict of interests)of the Triangle portal traffic capacity has been completed that will aid in adjusting the restrictions. Restrictions should be based upon the existing road conditions,not planned and hoped for changes that: are not completely approved by ail agencies that may be involved;have not secured needed ROW;and are unfunded. EXHIBIT 1 2 Table I below refers to key components of the Triangle Strategic Plan Option 2 and presents an overall perspective of the total Triangle acreage zones and subareas with development density restrictions. Table 1. Key Triangle Changes to Zones and Development Density Restrictions for CG,MUE,and MUT Subareas42 MUT Subareas CG MUE MUT-MUC MUT-MU MUT-CR / MUT-CS Commerical General Mixed Use Mixed Use Core Mixed Use Core Residential Campus Employment Residential Acres Before 175 ac. 200 ac. 0 0 0 0 Rezoning (28 underdeveloped) (20 underdeveloped) (48 underdev.) Acres After 115 ac. 0 76 acres 105 acres 37 acres 42 acres Rezoning (19 underdeveloped3) (8 underdeveloped) (18 underdeveloped) (3 underdeveloped) (0 underdeveloped) (48 underdev.) CG Acres 60 ac. 11 acres 49 acres Rezoned (9 underdeveloped) (0 underdeveloped) (9 underdeveloped) MUE Acres 200 ac, 65 acres 56 acres 37 acres 42 acres Rezoned (20 underdeveloped) (8 underdeveloped) (9 underdeveloped) (3 underdeveloped) (0 underdeveloped) Max dwelling 25%of Total 25 du No Maximum 50 du 30 du No Maximum units per acre Gross Floor Area Building 45' 45' 75' 55' 55' 75' Height FAR None 0.4:1 None None None None (1) All zone areas are approximations based upon aerial maps and the Triangle Strategic Plan zone maps(street ROW and wetlands are Included In most estimates). (2) All underdeveloped acres are estimates(based on aerial maps,the Triangle Strategic plan zone maps,and onsite visual Inspection)that induded only vacant or mostly vacant land. Not included In the underdeveloped acreage estimates that would otherwise Include over 25 acres more:small lots with occupied structures that are expected to be consolidated and the large parking lot areas that are expected to be replaced with parking structures to create additional buildable areas. (3) Over 10 acres of the 19 acres of underdeveloped CC zoned land after rezoning Is subject to wetland and water restrictions. Important concerns clearly still exist regarding the December 2014,Draft.Tigard Triangle Strategic Plan;concerns that are the result of several very significant suppositions and presumptions that are currently doubtful,problematic,and/or without settled opinion as exemplified by our exchange of comments in the attachment and in this e-mail. Chapter 4 of the Draft Triangle Strategic Plan creates more questions than it provides answers. For analysis purposes seemingly to justify removing the existing FAR,the chapter appears to show the FAR ratios that can be accommodated after the improvements and zone changes are made. Essentially,for such set of circumstances,it shows a FAR ratio of 1:1 in the MUT-MU subarea and 1.5:1 in the MUT-MUC subarea and assumes there will be no office use in the MUT-MU, and 20% office use in the MUT-MUC. Residential was increased hi the existing MUE from 25du/acre to 30du/acre in MUT-CR,to 50du/acre in MUT-MU,and is unlimited in MUT-MUC and MUT-CS. It should be noted that there appears to be more than one name used in the Plan and code to describe the subareas of MUT,so it is important to refer to the development density represented by each subarea name. 3 The Plan's recommended immediate increases in development densities raises the following questions: 1. Since the increased MUE development density apparently depends upon the existence of a new bridge at Beveland and 74th,does this imply the analysis is reliant upon HCT since the future bridge is largely dependent upon HCT? 2. If portal traffic capacity to the Triangle is not increased as presumed by future improvements,what FAR is supportable in the MUE or MUT (if MUE is converted)zone? 3. If portal traffic capacity to the Triangle is not increased as presumed it will be,what residential is supportable in the MUE or MUT zone? 4. What FAR is supportable in the MUE or MUT zone with office use at 100%rather than 0% or 20%? 5. What FAR and residential density is supportable if none of the approximately 8 acres of primary undeveloped CG property without an approved project is rezoned to MUE or MUT? 6. What FAR and residential density is supportable if none of the approximately 60 acres of CO property is rezoned to MUE or MUTT 7. When does the Plan expect the approximate 52 acres of developed CO property to have a different effect on traffic than it already has? 8. Why does the Plan rezone to MUT approximately 8 acres of the only centrally located contiguous undeveloped CO property in the Triangle that is also adjacent to CO zoned land and bordered by the two main roads in the Triangle? 9. If about 34 acres of developed CO zoned land consisting of Winco,Babies R'US,Office Max, and the cinema are to be rezoned to MUT,then why isn't Costco,Wal-Mart,the office building at the west end of Beveland,and Lowes also rezoned? 10. Should any CO zoned land be rezoned to MUT since it appears that either all CO zoned land should be rezoned or none at all? 11. Why are 9 acres consisting of four small isolated areas of undeveloped CG zoned land adjacent to the MUT zone not included in the MUT zone even if it is used as open space? 12. Why isn't about 10 acres of CO zoned land which is largely wetland south of Costco included in the MUT zone even if it is used as open space? 13. Since the Triangle Strategic Plan assumes a very Iow percentage of office use,should a FAR be implemented that reflects the low percentage use scenario to assure all property can develop? 14. Does the Plan expect the WinCo development to redevelop within the 20 years the Plan is supposed to focus on,or does it contemplate its redevelopment in a more realistic 60 years? 15. How much of the additional traffic into the Triangle from the presumed future bridge at Beveland is expected to pass through the Triangle and consequently offset the overall portal capacity increase it is presumed to provide? 16. Shouldn't the Fields property plans be factored into the traffic analysis? 17.Is it considered fair financially or otherwise,to vary development density limiting restrictions between subareas of the MUT zone that are essentially within a few hundred feet of each other? 18.Where can the detailed traffic study with its assumptions be accessed? 19.How much traffic from development outside the Triangle such as from the Fields property along Hunziker,and the general area south of the Triangle including development along Bonita,is expected to use up the Triangle portal capacity? 4 • 20. Should only Triangle land be subject to the FAR and dwelling unit restriction even though development outside the Triangle will also contribute traffic that uses up limited Triangle portal capacity? Without the results of a traffic engineering study that has independently analyzed the portal capacity of the Triangle to help answer the above basic questions and others,the Triangle FAR and residential restrictions should remain unchanged. Property that is not among the first to obtain development permits can expect to be left unable to develop at all because of its inability to meet minimum traffic study standards—the potential inability to develop exposes property unnecessarily to damages arising from the FAR removal and increased development density. Unless the portal capacity has been physically increased by the hoped for road improvements assumed by the Plan, and/or office use throughout MITE or MUT area is extremely restricted,the existing FAR and residential restrictions should not be changed. The Triangle Strategic Plan does not appear to effectively address the capacity problem at the portals that are expected to grow worse soon after the FAR is eliminated and residential density is increased. There are approximately 8 undeveloped acres of centrally located CG property in the Triangle that will be affected by the proposed zone conversion to MUE or MUT,whereas most of the approximately 52 acres of developed(including 1 acre of soon to be developed property)CG property converted to MUE or MUT may not redevelop for many decades and will probably want to remain as CG zoned property. The 8 undeveloped acres of CG zoned property represents about 13%of the CG property to be rezoned.Until the 52 acres of CG property redevelops,the rezoning is unlikely to have much effect on traffic within the Triangle.To my knowledge WinCo is not intending to close its store,or change any of its shopping area into residential during the next half century. Traffic capacity at the portals is not increased by attempting to manage development and its associated traffic by changing zoning designations and increasing allowed residential densities. It is doubtful whether eliminating the FAR approach will effectively ensure that development capacity of the Triangle is spread fairly throughout the MUE or MUT zone. The Plan proposes to remove FAR restrictions and increase residential density based on studies that show the established restrictions will not be needed, It appears that the Plan recommendations overlook the requirement that projects show an acceptable level of service at the portals. Since the remaining traffic capacity of the Triangle portals is limited, an immediate consequence of this is the retail,office,or residential per acre that can be developed in the Triangle is also limited. What happens when traffic studies no longer can show an acceptable level of service at the portals?Will traffic studies no longer be required to show an acceptable level of service at the portals? It appears that the Triangle Strategic Plan indirectly proposes that all remaining development capacity in the Triangle be based upon a first come,first served approach. After the remaining traffic capacity of the portals has been used up more rapidly by the removal of the FAR,will all future development be halted until the portal traffic capacity is increased? - 5 it is clear the Triangle is enclosed by 1-5,Hwy 217,and Pacific Hwy,however,what is not clear is that there is a limited number of portals to the Triangle that provide ingress and/or egress. The effect of this restriction is profound due to the requirement that projects in the Triangle are required to show an acceptable level of service is maintained at the portals to the Triangle. Merely showing that traffic in the immediate vicinity of a project is acceptable is not enough. Some of the main issues, concerns, and suggestions from my 3/30/15 response regarding the December 2014,Draft Tigard Triangle Strategic Plan are: • The Plan is likely to have unfair consequences unless various issues are addressed before its implementation due to proposed changes that are based upon suppositions unlikely to occur for at least another decade or two,if ever. • To minimize the effect of downzoning property converted from CU to MUE or MUT,such downzoned property should retain their exclusion from GLA limitations,Pad sizes,and existing or future FAR restrictions that may be imposed. • What will happen when future development projects cannot generate traffic studies that show an acceptable level of service at the Triangle portals. Will they need to wait until portal capacity is increased at an unknown time in the future? Since the cost to increase portal capacity cannot be expected to be financed by a single project as with Wal-Mart,what will be the alternative? • A corollary to the above concern is related to Triangle development capacity that is limited by the portal traffic capacity.The potential to concentrate the limited remaining development capacity of the Triangle into a few properties is an undesired by-product of the current Plan. There does not appear to be a workable mechanism within the Triangle Strategic Plan that prevents a few MUE properties from using up all the portal traffic capacity of the Triangle. Currently,development capacity is limited and distributed throughout the MUE area by the use of a Floor Area Ratio of 0.4:1 and the R-25 designation(medium high-density residential district). • After the portal capacity is used up,the Triangle MUT or MUE area is likely to face another imposed FAR or no longer be allowed to develop until High Capacity Transit,the new bridge at Beveland,and the removal of the Winco building to make way for 74th,can be guaranteed to occur on a timely basis. Without a traffic analysis update of all portal capacity in the Triangle that also examines how much office,retail,and residential(of varying du/acre)is possible per acre within the Triangle, it is not possible to know when new development restrictions might be imposed and they are likely to be far worse than a FAR of 0.4:1 especially if the existing restrictions have been temporarily removed. • The possibility of unfair consequences that arise from allowing development to occur without any FAR and residential restriction makes it essential to know beforehand the results of a portal capacity based traffic study for the Triangle. Until such a study is completed that also specifies the amount of development capacity that is possible,the Triangle Strategic Plan should retain the existing development restrictions. Of course restrictions can be later adapted to the results • 6 of the portal capacity traffic study which should also analyze possible new Triangle portals and improvements to those that already exist. Due to the importance of updating the last traffic study that examined the overall Triangle portal capacities we contacted a locally based highly respected traffic engineering firm with extensive experience in the Triangle to explore the cost of an update funded by us to aid in the decision facing Triangle property owners as to whether the FAR and residential density restrictions should be altered. All Triangle property owners would benefit from the results of the study since there would no longer be any ambiguity as to how much retail, office, or residential is possible in the Triangle. However,the firm,of which we are a client,and which completed the last known inclusive Triangle portal capacity study that we can find to be available,informed us it could not perform such a study due to a conflict of interest the firm felt it may have within the Triangle. Apparently there are serious complications with regards to the Triangle portals. Despite its importance to the Triangle, due to conflicts of interest seemingly related to portal deficiencies,it may be difficult for the City to find an appropriate traffic engineering firm to study the Triangle portal capacity and potential portal improvements that has no conflict of interest. It should be obvious to anyone objectively considering the numerous subject areas addressed by this email and its attachment,that the proposed Plan should be put on hold, and/or an interim plan be created that retains the existing development restrictions and zoning until traffic capacity at the portals has been fully studied with various build-out scenarios and new portals considered wherever possible. After such a study,physical portal capacity improvements that have been funded can be used to make appropriate changes to the development density. Before the Draft Triangle Strategic Plan is implemented,there are many major issues to resolve. Triangle traffic portal capacity is not resolved by the Plan. The Plan does not take into account what will occur during the transition from existing conditions to the hoped for future conditions. The interim or transition period could last for many decades due to uncertain suppositions and the extremely long term view taken by the Plan. The Plan is clearly based upon uncertain to occur events long in the future as the basis for major immediate changes in development densities. Meanwhile, upon the expected resurrection of a much more restrictive FAR on development after the portal capacity is used up, the Triangle will again he further limited in its development. That is,if future events do not occur as it is prematurely presumed they will,the Plan amplifies unwanted and unfair results perhaps indefinitely. Development density restrictions such as the FAR and R-25 residential should not be altered until it is shown by an objective traffic capacity study that does not favor any particular position,that there is enough portal capacity in the Triangle to support the change for all MUE and/or MUT Triangle property throughout the entire interim from build-out as it exists today up until full build-out conditions, Option 2 of the PIan proposes that the 0.4:1 FAR be removed from about 200 acres of MUE as well as an increase in the number of dwelling units per acre. This not only provides a greater possibility of redevelopment than under current zoning due to economic feasibility considerations, it would allow much more development than under the present zoning and development restrictions provided traffic portal capacity is not reached the problem is portal capacity is unknown and it will likely be used up long before the full build-out assumptions of the Plan are reached. , 7 lithe proposed development density restrictions are implemented as intended in Option 2,out of 260 acres, a few acres of high density office has the potential to quickly use up all the portal capacity and cause significant damage to the rest of the Triangle if the presumed improvements that affect portal capacity do not occur. Sincerely, Steve Martin Triangle CAC member Triangle resident Landowner representative Page 1 of 3 . Larger Major Chain retailers want to be - swf. ayror St grouped together and seen. The last of the � Major Retailers Commercial available CG zoned land suitable for major General Retail Site retailers in the Triangle (if not the Tualatin _---"y_ Tigard, and Beaverton area) is the 8 acre _ - . •1 site shown in red shade. - ' _P., t = "`'' - SW Clinton St <s "' -• Approximate 8 acres of �, . = _ Underdeveloped Commercial _ General land within one of the _ _ 0, main Retail areas of the - a Triangle. ---; .. - ` ilMilii,...." mu li' ll 1:=--'4 , J_.i.: 1, TL300 w . y ` : sis ct 'cn S. :� TL401 a�( jt `. . - .a a J,•6 eoigle * ', 0 -,,r +w.t� • - { 2016 Europa Tech`nd1 g S�Y`�--� �_'- Googi brtf I r� - m'1'44a . - ....... Page 2 of 3 Adding Multi-family dwelling Units to CG can significantly affect the I, •, '; - -- `� ability of some tax lots to reach their highest and best use. •+•,..;: .4 _,../,arl Utr�_ r� Understanding retail site synergy and view corridors are essential. In 111!, mo p. this instance, Multi-family significantly and adversely affects the ability P , __- - to attract other major retailers onto the adjacent site as shown. � c. - if r ,-i-II • - - ..- - .4 I pit _ --- ... , :;7. 7 - 7,;.,;',. ` IF Option to build Multi-Family in w,,- - -- s 4 - Green areas - �_ 1 ' mom.- :.:. • . \ - - l T _L. - ..., ill y it _ .1„, _ _ 0 — — _ . _ ,_ s _ , .,7 ` - = ._*- • . Multi-family on adjacent land disconnects this -r , += . - tax lot from the overall larger Major retail `� `; C71 a f--S V -E l m h ur-s t-5 t - _ - - _ ° _ ' "�=b. _ - store site. Site synergy and atmosphere is di it i� - —'- b11 , broken if Multi-family is inserted between .• � llim- rtd1 ia� _ • _� Dartmouth Street and this tax lot. i s - This tax lot effectively loses its ability to . . - -a— '^ attract major retailers. Uses are Limited by A - --1 ,: - - Google Earth I- , _ i_ adding the Multi-family option to CG. i .. Page 3 of 3 . Adding Multi-family dwelling Units to CG can significantly affect the ik ability of some tax lots to reach their highest and best use. �" ;' -42,1,--:.::' Understanding retail site synergy and view corridors are essential. In �_ r .t� this instance, Multi family does not significantly affect the ability to ,.;,, attract major retailers on the adjacent sites. However, retail instead ` , �` _ of Multi-family would benefit the overall synergy of the site. ' J , — � I - g._ � Jil! ' • , I • ='.. r" s -'' � y ' . Major retail,small retail, office, ,�i _ .. - • Multi-Family remain attractive. .� f . - • �w 4L ,-. i L connectivity of major retail r synergy and atmosphere not = . • `- ' r-J" -`�� �" � broken. Does not Limit Site ability � � . , `I to attract major retailers. Uses ��`g - _ - 7 ' -" have NOT been limited. '� 1' ... ,..:. - ".._ *Ift , u.: �! !?l( ID 1 lmt IBl I umr w • lli um— I lei Mr "1 _ � Retail, Office, } I i '191 �,� - i Ash Multi-Family SW Elmhur-st-St 1- Ell al Ill ,b119 s I at- , . ,,�'! 96 zm m - ( - �'` Use NOT Limited -7 in il I till r P1 4i -96 14 - Y _. .. ''.-44 rui_ - `� 02016 Europa Technolocct�s, - - ©. • t6 Google ' - - 4 alp =T _ = Google Earth -, 4 5 " Agnes Kowacz From: 1 Daniel A Edwards, humble architect <dane1952@frontier.com> Sent: Thursday, October 27, 2016 12:45 PM To: Agnes Kowacz Subject: Letter of strong support for Omnibus Code Package DCA 2016-0003 Mayor John L. Cook Councilor John Goodhouse Councilor Marian"s Henderson Councilor Marc Woodard I am writing on behalf of Community Partners for Affordable Housing(CPAH) in support of the proposed legislative amendment to the Tigard Development Code. I am most supportive of the proposal to amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi- family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. This amendment will certainly make it possible to develop a range of housing there, including affordable housing. Thank you for your time on this important issue. Dan Sent from Yahoo Mail for iPhone i TIGARD City of Tigard October 26, 2016 Rachael Duke Community Partners for Affordable Housing PO Box 23206 Portland, Oregon 97281 Dear Ms. Duke: We are happy to provide you with this letter of support for your proposed multi-family housing project at 11090 SW 686 Parkway in Tigard, Oregon. Your proposed project supports the community's vision for the Tigard Triangle as outlined in our Comprehensive Plan and recently completed Tigard Triangle Strategic Plan. As a result,it was an opportune time for us to propose an amendment to the Tigard Community Development Code to allow multi-family housing in the C-G zone in the Tigard Triangle. Now that the amendment has been approved by the Tigard Planning Commission,we anticipate that Tigard City Council will adopt it on November 1. We support the work your agency is doing in the community and look forward to our continued partnership to provide affordable housing options for our citizens. Sincerely, usan P Shanks Senior Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Site & Zoning Control ZONING: Local Government Verification that Development Is Consistent With Zoning and Land Use Regulations Project Name: 12i-44 12oC, C c S Project Type and#of units: re-u4 Fit en r r) .( 1 " 1.41)/1 Project Location: ( 4 Oct 0 SW [p H-4 p,,, d, 6g.., q-12-2--S Acreage of Project Site: .$$ Tax Account#(s): fa,20 q 34-3-1 Assessor's Map &Tax Lot(s): 1 j.31 7 ~ Cj oQ (Must be completed by local jurisdiction) Certification The zoning for this development site is: G- C J 1 YYULrc(Dt,P CCG .- 2. The number of units(not buildings)[density] allowed for this development site is: Minimum number: See t✓ Maximum number: , . / Imo`' o i tam rWrn 3. The number of on-site parking spaces required per dwelling unit is: 6th ode, . 1 - 1 .71G� 4. Check the applicable box. (Check only one (1) box): The proposed use is consistent with the above referenced zoning and applicable land use regulations. The jurisdiction requires no additional land use approvals. The proposed use will be consistent with the above referenced zoning and applicable land use regulations upon obtaining of the following land use approval(s): -_ l7C t2 kp-OCCp Lou i3tf�[ "` ' , or resolution of the following land use issue(s): Applicant submitted the required application(s) for review: has has not [� The proposed use is not allowable or cannot be determined to be allowable with the above referenced zoning and applicable land use regulations because: I certify the City/County of TIQ'lnvol has vested in me the authority to verify consistency with local land use regulations and It rther certify the foregoing information is true and correct to the best of my knowledge. Arra' 4/0_, ,, - fie3-1Ulf e __ SO3 : 1 I - Signa - Cate Phone CSN s kvwArf __ > ct)L(ckf-c Plaivir Print Name Title Verification of Site Control 3.2F: Readiness to Proceed Submission Page 2 of 16 r' ■ • TIGARD City of Tigard DATE: October 26, 2016 FROM: Susan Shanks, Senior Planner RE: CPAH Project- 11090 SW 68th Parkway The proposed Tigard Development Code amendment (DCA2016-00003) amends the General Commercial (C-G) zone to allow multi-family dwellings within the Tigard Triangle. At the October 17,2016 Planning Commission public hearing,Planning Commission recommended approval of this amendment to City Council. The final hearing before City Council will be held on November 1, 2016. Please see below for proposed amendment language: DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Street -—Text to be deleted [Bold, Underline and Italic] —Text to be added Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES Household Living in the C-G zone is restricted (R) and subject to Footnote 11 as follows: [11] A single-family unit providing that it is located on the same site with a permitted or conditional use i and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it is permitted outright. Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G zone.Minimum and maximum density requirements do not apply to these developments. Tuesday, October 25, 2016 Adding Multi-family dwelling units to Commercial General Zone Effectively Eliminates Marketability of Adjacent Land as intended for a Commercial General Zone Tax lot 300 Adding Multi-family dwelling units to tax lot 300 effectiveiy eliminates the ability of tax lot 401 to attract major retailers onto its site. The proposed zone change allows Multi-family dwelling units to be inserted between Dartmouth Street and tax lot 401. If Base Camp has a binding commitment from Compass Oncology (not just a letter of intent), then adding the option to have Multi-family dwelling units on TL300 is less of a concern, but remains a concern until Compass Oncology is on the site as proposed. Tax lots 400 and 402. Adding Multi-family dwelling units on these tax lots effectively eliminates the ability of tax lot 401 to attract major retailers onto its site. The proposed zone change allows Multi-family dwelling units to be inserted between 72nd Avenue and tax lot 401. Also,the connection to 72nd for these two tax lots and TL401 remains unresolved and this adds more complexity to an already difficult problem. The City stated in the Pre-App for TL401 that only one commercial connection to 72nd will be allowed in the vicinity and that TL401 must connect to a future connection with 72nd across from Elmhurst Street. Possible Solution to Eliminate Unwanted Adverse Impacts from Proposed Zone Change The proposed zone change use to allow multi-family dwelling units in a commercial general zone can be excluded from the 8 acres shown in shaded red on Page 1 of the attached drawings(bounded by Dartmouth,72nd, Wal- Mart, and Hermosa tax lots). This exception can be justified because of the unintended adverse impact it will have on at least one of the tax lots in the 8 acres (adverse impact arises as it is located behind the other tax lots); it is in the focal point of the Triangle; it directly abuts and is adjacent to a major retail site; and was part of the Dartmouth Street LID. This solution does not prevent agreed to changes in the future, but will eliminate the unintended adverse impact on property that is directly caused by adding Multi-family dwelling units to a commercial general zone. In general, adding a major new use to an established zone designation has the potential for unintended adverse impacts on commercial general zoned property whether it is developed or not. Each property subject to a zone change use has unique characteristics and impacts on neighboring property. The blanket commercial general zone use change is perhaps better replaced by a tool that allows such a change after impacts to neighboring property have been either accepted by the neighboring properties or is determined to have no adverse impacts on the neighboring property. Page 1 of 3 , Larger Major Chain retailers want to be AA_gayor St- t grouped together and seen. The last of the Major Retailers Commercial available CG zoned land suitable for major _ hd: General Retail Site retailers in the Triangle (if not the Tualatin, Tigard, and Beaverton area) is the 8 acre site shown in red shade. . ' f. = r ----SW Clinton St - - _ Approximate 8 acres of - I ; Underdeveloped Commercial - - _ General land within one of the \\ - - ' � main Retail areas of the A --- _as _�'M t 1,,_-" i 7. : ( Triangle. -\.,„... --t- all Illithill , TL300Cn . 7 s , r, :\ je ..., .:, _ , -se.' ' ?"'"11 , - _ } .r -,. . . _ _ TL40© S•W-E4•rnhurst St II,' '� `__ TL401 t�( ., 3 1..17—.• +�� TL402 -. to . ,� #� • • C 4 ,6-.P8Or9ipks ury� i - -: rimy'. ' 2016EroTech olbY- --� f MG / ryl nar} b; -s Page 2 of 3 Adding Multi-family dwelling Units to CG can significantly affect the '� r ., ability of some tax lots to reach their highest and best use. -__.. "'�----Ilk . art,; ouch-Sr Understanding retail site synergy and view corridors are essential. In s� �,. '-- this instance, Multi-family significantly and adversely affects the ability � to attract other major retailers onto the adjacent site as shown. IRi i Mil IOU.. nom.-: t 1 _..,-- MIL! _. „"" -. 1 IF Option to build Multi-Family in ' - m Green areas •x - +�.l yam/" , .y1. ' --e'."y +ri 1" 1 1111 u1� 1101 ���1ii II: - ' It. I 11111 ill i11i p 1 — 1' Ii l 11111 II111 •�� Multi family on adjacent land disconnects this . .." 7 a cD ii I Il - r'-' tax lot from the overall larger Major retail • Ill 11 � 11 #� -El m h ur-s�t-G1 I III t°�+ store site. Site synergy and atmosphere is ''"�^ in broken if Multi-family is inserted between . e 11��11 r1��1 „� Dartmouth Street and this tax lot. - This tax lot effectively loses its ability to I . - - attract major retailers. Uses are Limited by ` ' . Google Earth Q���� J adding the Multi-family option to CG. V Al - I Page 3 of 3 Adding Multi-family dwelling Units to CG can significantly affect the ability of some tax lots to reach their highest and best use. ......`^ Understanding retail site synergy and view corridors are essential. In "ft"'"::.-------........-411 �'itrrt,o o , this instance, Multi-family does not significantly affect the ability to attract major retailers on the adjacent sites. However, retail instead —. , of Multi-family would benefit the overall synergy of the site. Z.:\ o I ff 1 ' rill :: .. • Major retail, small retail,office, _, =�. Multi-Family remain attractive. _ connectivity of major retail W synergy and atmosphere not —. -• a -_ - " broken. Does not Limit Site ability '��,;,� • "" ", �I�; to attract major retailers. Uses . 1111111116 have NOT been limited. w • ' ,� - _ '� °d-d}Ti =' Retail, Office, lb_ '�` •. i I:, , r v _ '� . . ... _ Multi-Family -E•lmh ur Y -sfi �t � -+ --- r-- IF Multi famil Use NOT Limited l 'f I II. '�~ a _ d, » _ S ', 72016 Europa Techno oy,cs ©2016 Google, ill - , - o Google Earth -i- , . — Agenda Item: #7 Hearing Date: October 17,2016 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION 1111 • FOR THE CITY OF TIGARD, OREGON T I GARD SECTION I. APPLICATION SUMMARY CASE NAME: OMNIBUS CODE AMENDMENT PACKAGE CASE NO.: Development Code Amendment (DCA) DCA2016-00003 PROPOSAL: The proposed legislative amendments to the Tigard Development Code (TUC)would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building, under the personal services use category;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area; and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. The proposed text and map amendments for the Planning Commission's review are included in Attachment 1, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing); Metro's Urban Growth Management Functional Plan, Tide 6, Title 7, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1 10.1.5, 15.1, 15.2.1, 15.2.2, 15.2.6, and 15.2.7 ; and Tigard Development Code Chapters 18.380 and 18.390 SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1); with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. OMNIBUS CODE AMDENDMENT PAC:K GE DCA2016-00003 10/17/2016 PUBLIC HEARING,STAFF RETORT TO TIIE PLANNING COMMISSION PAGE 1 OF 11 SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY Staff has prepared an omnibus amendment package to address three emergent development code issues. These issues are being bundled together for administrative efficiency through one land use process. The three components are summarized below followed by a brief discussion of each item. Further discussion is provided in Attachment 1 of this report. 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building, under the personal services use category ; and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. DOG BOARDING AS A PERSONAL SERVICE USE Owners of dog boarding facilities expressed concern to Tigard City Council about the current regulations pertaining to the classification of overnight boarding facilitates. According to TDC 18.130.060.B, the boarding of normal household pets is considered an "Animal-Related Commercial" use and is not allowed in the C-N (Neighborhood Commercial), C-C (Community Commercial), C-G (General Commercial), C-P (Professional Commercial), MU-CBD (Mixed-Use Commercial Business District), MUC (Mixed Use Commercial), MUE-1 and 2 (Mixed-Use Employment) and MUR-1 and 2 (Mixed Use Residential) zoning districts. Tigard City Council expressed interest in pursuing this further and asked staff to explore the option of allowing this use in commercial zones provided the impacts could be mitigated. Staff researched several cities to see how animal boarding was being regulated. The comparison of these regulations is listed below: City Regulation o Consider overnight animal boarding to be an "animal boarding facility" • Conditionally permitted in industrial zones Lake Oswego • Not permitted in commercial zones © Consider doggy daycare to be "pet care, daily" • Conditionally or outright permitted in commercial zones, depending on the zone and whether or not it's fully indoors o Consider overnight animal boarding with 5 animals or more to be a "animal care, major" Beaverton • Conditionally permitted in all commercial and industrial zones, with the exception of one industrial zone which permits it outright • Not permitted outright in any zone o Consider doggy daycare and overnight animal boarding to be an "animal service facility" Hillsboro • Permitted outright, but only indoors in Neighborhood Commercial Zone • Permitted outright, subject to certain restrictions in General Commercial Zone OMNIBUS CODE AMDI;.NDMENT PACKAGE DCA2016-00003 10/17/2016 PUBLIC I II:ARING,STA I+REPORI'7'U THE PLANNING COMMISSION PAGE 2 OF 11 o Consider doggy daycare and overnight animal boarding (with the u exception of animal breeding) to be "retail sales and service" Portland • Permitted outright or subject to certain limitations in all commercial zones (except the Office Commercial 1 Zone) ■ Conditionally permitted in all industrial zones Based on the research provided above, a majority of the cities classify animal boarding facilities to be some kind of animal related service use with the exception of Portland,which classifies it more generally as service. Lake Oswego prohibits these facilities in all commercial zones, Beaverton allows them only through a conditional use review while Hillsboro and Portland allows them in certain commercial zones. Staff proposes to classify animal overnight boarding facilitates as a "Personal Service" use when all the activities associated with the use, with the exception of parking, are completely enclosed within a building. If classified as a personal service use, animal overnight boarding facilitates would be permitted outright in C-N, C-C, C-G, C-P, MU-CBD and MUC commercial zoning districts and permitted subject to certain restrictions in the MUE, MUC-1, MUE-1 and 2 and MUR-1 and 2 commercial districts. DOWNTOWN TIGARD PLAN DISTRICT HEIGHT LIMITS In 2010, a new Mixed Use-Central Business District (MU-CBD) zone was instituted. Rather than having a single height limit, the zone was broken down into sub-areas with different building and site development standards including building heights. The Main-Center sub-area centers on Downtown's historic Main Street. New buildings in the sub-area must include ground floors with commercial storefront features, with residential and commercial uses are permitted on upper floors.❑ Much of the rest of the MU-CBD zone retained the 80-foot height limit of the predecessor zone—the Central Business District (CBD). A 45- foot height limit was set in the Main-Center sub-area with the idea that taller buildings might present a visual conflict with the existing one and two story buildings on Main Street. The 45-foot height limit realistically only allows a 3 story building, due to the requirement that the ground floor in the Main-Center sub-area be 15 feet tall. This reduces the financial feasibility of new construction. Downtown Tigard is a focus area for redevelopment, with an urban renewal district in place. Several redevelopment studies have been undertaken, that have run financial feasibility models for new development. Taller buildings were found to be more financially feasible because more leasable square footage could offset the costs of new construction and the lower rental rates that can be presently achieved in the Downtown. Returning the 80-foot height limit that was in place for much of the Main-Center sub-area prior to 2010 is in keeping with the area's designation as a Metro Town Center, a focus area for transit supportive redevelopment. MULTI-FAMILY DWELLINGS IN THE TIGARD TRIANGLE The Tigard Triangle Plan District was adopted to develop a mixed-use employment area with a convenient pedestrian and bikeway system. In addition, the Triangle is within a Metro designated Town Center. Zoning within this district includes both Mixed Use Employment (MUE) and General Commercial (C-G). Multi- family housing is permitted in the MUE zone at 25 units per acre; but is restricted in the C-G zone. The use is permitted only through a Planned Development process; which limits a maximum of 25% of the total gross floor area for multi-family use. II OMNIBUS CODE AMDENDMENT PACKAGE? DCA2016-00003 10/17/2016 PUBLIC HEARING,STAll RI?PORT TO TIII-?PLANNING COMMISSION PACT,3 OF 11 Since the adoption of the Tigard Triangle district, housing development has been limited. However, as demand for housing increases in the Metro region, this is likely to change. In May 2015 the City along with citizens, property owners and businesses developed the Tigard Triangle Strategic Plan, which envisions a vibrant, walkable Triangle with a mix of uses. Plan participants emphasized the importance of providing a variety of housing choices and greater affordability within the Triangle. Amending the C-G restrictions on multi-family in the Tigard Triangle will encourage housing development that supports the vision for the Triangle and eliminate barriers for providing much needed work-force and affordable housing. The proposed amendment is limited to the C-G zone within the Tigard Triangle; thus multi-family will still be restricted in C-G zones in other areas of the city. PROPOSED AMENDMENTS Amend the Tigard Development Code as proposed: o Text Amendments to Chapter 18.130 (Use Categories) to amend the "Animal-Related Commercial" use category to allow overnight boarding as a "Personal Service" use when all activities,with the exception of parking, are completely enclosed within a building. o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend the sub-area description for Highway 99 and Hall Boulevard Corridor from including building up to 8 stories to 45 feet to make consistent with the MU-CBD Development Standards Matrix; Table 18.610.1. o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend the maximum height in the Main-Center sub-area from 45 feet to 80 feet. o Text Amendments to Chapter 18.520 (Commercial Zoning Districts) to amend footnote 11 that would remove the requirement for a Planned Development Review for multi-family housing within the C-G zone within the Tigard Triangle Plan District. o Text Amendments to Chapter 18.620 (Tigard Triangle Plan District) to add a new section that would allow multi-family dwelling units in the C-G (General Commercial) zone. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one OMNIBUS CODI?AMDENI)MFN'T PACKAGE DC.A2016-00003 10/17/2016 PUBLIC I[EARING,STAFF REPORT TO TI IF,PLANNING COMMISSION PAGE 4 OF 11 before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal seeks to provide a variety of needed housing types. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10.1 and associated policies. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 6: Central City, Regional Centers,Town Centers and Station Communities Requires local jurisdictions to adopt land use and transportation plans that are consistent with Metro guidelines for designated Town Centers. FINDING: The Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center. Centers are defined as "compact, mixed-use neighborhoods of high-density housing, employment and retail that are pedestrian-oriented and well served by public transportation and roads." Downtown Tigard is also a designated Station Community. OMNIBUS CODE AAIDENDMENI'PACKAGE DCA 2016-00003 10/17/2016 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 11 Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new buildings that will help achieve "compact, mixed-use neighborhoods of high-density housing, employment and retail." This title is satisfied. Title 7 —Housing Choice: This goal ensures that Comprehensive Plans and implementing ordinances provide for a diverse and affordable range of housing. FINDING: The proposed amendment will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review. The proposed code amendment will make the process for permitting this type of development timelier and less costly. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new mixed use buildings with upper floor residential that will help provide for a more diverse and affordable range of housing near the transit center in Downtown Tigard, a Metro designated Town Center where new housing will be focused. This title is satisfied. Title 8—Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This title has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public OMNIBUS CODI'.AMDENDMENT PACKAGE DCA2016-00003 10/17/2016 PUBLIC HEARING,STAFF REPORT 1'()THE PLANNING COMMISSION PAGE 6 OF 11 input is provided. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. t FINDING: Copies of the proposed text amendments were sent to affected agencies and were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING: The proposed text amendments will allow for a variety of uses to be located within the City which will result in more taxable economic activity to occur. The proposal includes allowing animal overnight boarding to be a permitted use in most commercials zone. The increase in heights in the Main Street sub-area will also provide for more diverse land uses that may occur downtown. Eliminating restrictions on affordable housing in the Triangle will encourage development of more housing in the district. This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments do not change the requirements for developments to comply with site design/development regulations. All development shall continue to conform to all regulations. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments allowing animal overnight boarding to be allowed in most commercial zones when the associated activities, with the exception of parking, is completely enclosed within a building. Impacts such as noise and odor, which can result from this type of business is mitigated by the activities being completely contained within a building. This use would not generate greater impacts than other commercial uses that are currently permitted in commercial zones. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Policy 9.1.5 The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. The City has taken several actions to focus growth in its Metro designated Town Center (Downtown and the Tigard Triangle) where there is much vacant and underutilized land. The raising of the height limit in the Main- OMNIBUS CODE AMDENDMENT PACKAGE DC12016-00003 10/17/2016 PUBLIC HEARING,STAFF REPORT TO'HIE PLANNING COMMISSION PAGE 7 OF 11 Center sub-area would increase the financial feasibility of redeveloping underurili7ed properties in the area. This policy is satisfied. Policy 9.1.3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. FINDING: The proposed amendments will remove the requirement for a Planned Development review for multi-family housing within the Tigard Triangle Plan District, which will enable housing projects to be approved through a timelier and less costly process. This policy is satisfied. Policy 9.1.12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economy. FINDING: The raising of the height limit in the Main-Center sub-area would promote livability in the downtown by encouraging new development in an area with good walkability, transit access and proximity to the regional Fanno Creek Trail. This policy is satisfied. Policy 9.3.1: The City shall focus a significant portion of future employment growth and high-density housing developments in its Metro-designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. FINDING: The proposed amendments enable multi-family housing to occur in the Tigard Triangle Plan District in a timelier and less costly manner. Raising the height limit in the Main-Center sub-area of the Downtown will provide for higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Comprehensive Plan Goal 10: Housing Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that met the needs, preferences and financial capabilities of Tigard's present and future residents. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review, which limits multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly. This amendment would assist in providing affordable housing. Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will increase the financial feasibility for higher density housing and mixed use development near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Policy 10.1.5: The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit and other public services necessary to support higher population densities are either present of planned for in the future. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District, which is part of the Tigard Town Center. Currently, the code only allows this type of development through a Planned Development review. The Planned Development regulations limit multi-family to 25% of the gross floor area. The proposed code amendment will make the OMNIBUS CC)1)I:AMDENDM1-:NF PACKAGE ICr#2016-00003 10/17/2016 PUBLIC HEARING,STAFF REPORT TO TILE PLANNING COMMESSI(1N PAGE 8 OF 11 process for permitting this type of development timelier and less costly and encourage more affordable housing development within the Triangle. Raising the height limit in the Main-Center sub-area of the Downtown will support higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Special Planning Area- Downtown Goal 15.1 The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enable people to live,work, play, and shop in an environment that is uniquely Tigard. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will increase the feasibility of redevelopment that will create a vibrant and active urban village. This goal is satisfied. Policy 15.2.1: New zoning, design standards, and design guidelines shall be developed and used to ensure the quality, attractiveness, and special character of the Downtown as the "heart" of Tigard, while being flexible enough to encourage development. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will allow more flexibility in development by permitting taller buildings while still ensuring the quality, attractiveness, and special character of the Downtown. This policy is satisfied. Policy 15.2.2: The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail, restaurants, entertainment and personal services;[J B. medium and high-density residential uses, including rental and ownership housing•„`C. civic functions (government offices, community services, public plazas, public transit centers, etc);_ D. professional employment and related office uses; andLl E. natural resource protection, open spaces and public parks. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will facilitate the development of a mix of complementary land uses, by making such development more financially feasible. This policy is satisfied. Policy 15.2.6: New housing in the downtown shall provide for a range of housing types, including ownership,workforce, and affordable housing in a high quality living environment. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will improve the financial feasibility of mixed use buildings with upper floor residential and so provide for a range of housing types in the downtown. This policy is satisfied. Policy 15.2.7: New zoning and design guidelines on Main Street will emphasize a "traditional Main Street" character. FINDING: Many communities in Oregon have traditional Main Streets that allow buildings taller than 45 feet. Design standards including window coverage, traditional storefront appearance will remain in place and will ensure that new buildings to provide a "traditional Main Street character." This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. OMNIBUS CODE. M1)I':N1)MMI:NII'1(:1<\GE DCA2016-00003 10/17/2016 PUBLIC 1II 1RIN(G,S"111.1 RI1 )RT TO TIlE PLANNING COMMISSION PAGE 9 OF 11 APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.380: Zoning Map and Text Amendments 18.380.020 Legislative Amendments to this Title and Map Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. Section 18.380: Decision Making Procedures 18.390.060 Type IV Procedure 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. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, METRO, DOGAMI, ODOT, DLCD, DEQ, ODFW, CWS, and Tri- Met were notified of the proposed code text amendment but provided no comment. ODOT provided comments stating they have would like to review the City's Transportation Planning Rule (TPR) 0060 findings. Staff stated that they will provide the findings as soon as they are received from the consultant. Tualatin Valley Fire and Rescue provided comments stating that they reviewed the proposal OMNIBUS CODE AMDENDMENT PACKAGE DCA2016-00003 10/17/2016 PUBLIC I II?ARING,S1.•\FF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 11 SECTION VI. PUBLIC COMMENTS The City received two phone calls inquiring more details on the code amendments and how the regulations were proposed to change. Staff provided additional information and invited them to attend the public hearings. ATTACHMENTS: Attachments: 1. Draft Text Amendments October 10,2016 PREPARED Bs Kowacz DATE Associate Planner October 10, 2016 APPROVED BY: Tom McGuire DA 1E Assistant Community Development Director OMNIBUS CODE:AMDENDMIiNT PACKAGE D(:.12016-00003 10/17/2016 PUBLIC HEARING,STAFF REPORT TO TIIE PLANNING COMMISSION PAGE 11 OF 11 Attachment 1 DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Strikethrough —Text to be deleted [Bold, Underline and Italia —Text to be added Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building, shall be considered Personal Service. DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: mgr—Text to be deleted ]Bold, Underline and Italic] —Text to be added Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings,to mixed use buildings up to eight-des 45 feet tall with retail on the ground floor and residential and/or office uses above. 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. Map 18.610.A: Tigard Downtown Plan District Sub-Areas fI Igard Downtown Plan Districi 21 Sub-A rents g: S 8 VVkiall — Famo-Burnham man-center O • Sociftr t-Cortmacl at w 4 Stator Atea 0\'enay Ail a 411°So 11111 11°11, 400 �� CO 4 )> -J s eG y Ik?..5,.,, r T 0 J Ii J J Q x N9 • Note: for standards for development surrounding the future public plaza see Section I X.610.040, Special Requirements for Development Bordering Urban Plaza. u B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. 1. Development standards matrix. See Table 18.610.1 and Map 18.610.A. Table 18.610.1 MU-CBD Development Standards Matrix 1,2,3 STANDARD SUB-AREAS Main Street 99W/Hall Corridor Scoffins/Commercial Fanno/Burnham (MS) (99H) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft. for frontage on oft. 0 ft. 99W) Maximum 10 ft. 25 ft. 20 ft. 20 ft. Side facing street on corner and through lots Minimum 0 ft. 0 fl. 0 ft. 0 ft. Maximum 10 ft. N/A N/A N/A Sideyard Minimum/maximum N/A N/A N/A N/A Rear setback Minimum 0 ft. 5 ft. 5 ft. 5 ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum 4380 ft. 45 ft. 80 ft. 8011.7 Ground floor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping" 0% 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimum8 25 25 25 15 Maximum 50 50 506 506 1 This table does not apply to existing development.All new buildings in the district must meet these development standards, including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. a See also Section 18.610.045,Exceptions to Standards. 4 In the MU-CBD zone, required landscaping can be provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. Landscaping/screening requirements for parking lots must be met. 6 Station area overlay permits a maximum of 80 units per acre(see Map 18.610A). 7 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.610.A) or within 50 feet of low or medium density residential district. s Minimum density applies to residential-only development(not mixed use). 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. .1,91 •1 .- 01.o,al.t.iOry • . •:0 .o`. .•lancha: a• 0.0 e o • Ii e a o I o I o r r O I I � i I o r l o I I e R I j • Building j Building • o a � I I e ----L --_---_--- L -- 4 - • ° --- 0 Policing on the side or rear of boiklings L-1 landscape standard 0Max.50%of site trontage Landscape not required along shared prop Ho 0 Min.10'setback See Ch 18 745 for screerung and landscaping requirements B.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. 6 c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. ] , .S7 4, 'Jr P IAN rilie 8 5 feat maxequipment height Equipment set back min 5 feat B.3 Rooftop Features/Equipment Screening 4 'AI * 0 5ceen made of primary exterior finish material,wood,or masonry B.3.d.(1)Rooftop Features/Equipment Screening(architectural screen) I I � 1r ° taw. vGreen rent features with evergreen foliage B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW, public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or b. Set back from the street-facing elevation so it is not visible from the public ROW;or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained.(Ord. 15-05 §2; Ord. 13-04 §1; Ord. 12-13 §1;Ord. 10-02§2) DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: €4144tethretigh-—Text to be deleted [Bold, Underline and Italic] —Text to be added Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES Household Living in the C-G zone is restricted (R) and subject to Footnote 11 as follows: [11] A single-family unit providing that it is located on the same site with a permitted or conditional use ill and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it is permitted outright. Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G zone.Minimum and maximum density requirements do not apply to these developments. . CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 17,2016 CALL TO ORDER Vice President Feeney called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW I Tall Blvd. ROLL CALL Present: Vice President Feeney Commissioner Hu CommissionerJelinek Commissioner Lieuallen Commissioner McDowell Commissioner Middaugh Commissioner Muldoon Commissioner Schmidt r Absent: President Fitzgerald;Alt. Commissioner Mooney;Alt. Commissioner Enloe Staff Present: Tom McGuire, Assistant Community Development Director; Monica Bilodeau; Gary Pagenstecher,Associate Planner; Monica Bilodeau, Associate Planner;Agnes Kowacz, Associate Planner; Doreen Laughlin, Executive Assistant; Kim McMillan, Assistant City Engineer COMMUNICATIONS—None. CONSIDER MINUTES October 3, 2016 Meeting Minutes: Vice President Feeney asked if there were any additions, deletions, or corrections to the October 3 minutes; there being none, Vice President Feeney declared the minutes approved as submitted. OPEN PUBLIC HEARING RIVER TERRACE EAST No.3 PLANNED DEVELOPMENT REVIEW (PDR) 2016-00013 SUBDIVISION REVIEW (SUB) 2016-00009 REQUEST: The applicant requests a 38-unit single family residential planned development with concurrent concept and detailed plan review and subdivision review. The site is 5.89 acres. The proposal includes 34 attached single-family row homes and four detached single-family homes. LOCATION: West and East of SW Roy Rogers Road and South of SW Scholls Ferry Road; Washington County Tax Map 2S1060000200 and 2S106DB24300. ZONES: R-12 and R-25, Medium and Medium-High Density Residential Designations. APPLICABLE REVIEW October 17,2016 Page 1 of 12 CRITERIA: Community Development Code Chapters 18350, 18.390, 18.430, 18.510, 18.660, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.785, 18.790, 18.795 and 18.810. QUASI-JUDICIAL HEARING STATEMENTS Vice President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioners Jelinek, Muldoon, Feeney, McDowell, Schmidt, Hu, Middaugh No one wished to challenge the jurisdiction of the commission. STAFF REPORT The she-report is available online at the City website one week prior to the hearing. Monica Bilodeau, City of Tigard Associate Planner went over the staff report. Project summary: 38-unit single family residential units 34 attached single-family row homes and 4 detached single-family homes / 5.89 acre site. Staff recommends the Planning Commission take two actions: 1. The first in favor of the proposed Concept Plan Map. 2. The second in favor of the proposed Detailed Planned Development Map, Subdivision, and early grading authorization. Staff noted that there had been no comments received from the public. QUESTIONS / COMMENTS Vice President Feeney noted what he assumed, but wanted to confirm, was a typo on condition #36. The final plat fee should be $1,900 not$19,000—correct? Bilodeau confirmed that indeed that was an error. Vice President Feeney advised the commissioners to make mention of that scriveners error should there be a motion on this later. APPLICANT'S PRESENTATION Pam Verdadero, Polygon NW noted this would be the gateway into the City of Tigard and gives them an opportunity to introduce River Terrace as a bold statement as people enter into the neighborhood. She explained how it is taking shape. Jim Lange, Polygon NW gave an overall picture of River Terrace itself and explained that their site is the very north end of it. It's part of a larger parcel that's in Beaverton. He gave a presentation (Exhibit A). He noted there's an embellishment to parks — that is a small pocket park on the east side that is centered on a large prominent Oak tree that will be staying there. 'They saved that tree and the grading is not disturbing the tree. They will be working with an arborist to ensure the tree isn't negatively impacted. Zoning districts are R12 and R25 on this piece. It's a planned development - three different products --Row homes, standard homes, and one medium home that finishes the lots adjacent October 17,2016 Page 2 of 12 to it from River Terrace NW. He's happy that they are very close to a comprehensive plan for the north part of River Terrace. Mr. Lange noted that in the staff report conditions 11 &16 specifies some woods for ROW dedications. They are still working through some of that with the county. They're ahead of the county design work for the Roy Rogers Roads. He circulated a memo to the commissioners (Exhibit B) which requests that conditions 11 and 16 be modified to end with "or as otherwise approved by the City and Washington County"—so they have flexibility. +QUESTIONS On SW Friendly Road, it shows the existing ROW or new right of way will go all the way down to Roy Rogers Road. What's the plan there? The road doesn't connect at this time. Correct. The county will restrict access at that point— to what extent? It hasn't been worked out yet. It will be partly dependent on PGE and their substation and equipment needs. We've been trying to coordinate that and they've had a turnover in staff—they're trying to collectively get themselves ready to answer that question. There might be a "right in —right out" there for purposes of them getting larger equipment in. I expect that once PGE gets a chance to understand the street network and turning radiuses—it's all designed to get fire trucks through — so they can get their equipment through—and at the end of the day there actually will not be an access there. That's a bad place to access the road. TESTIMONY IN FAVOR - None TESTIMONY IN OPPOSITION —None. PUBLIC HEARING CLOSED DELIBERATION There was a very short deliberation; the consensus was that everything looked to be in order. MOTION FOR THE CONCEPT PLAN 1 Commissioner Muldoon made the following motion: "With respect to PDR2016-00013 and SUB2016-00009, I move that we approve the Concept Plan as supported by staff's report and the testimony heard tonight." Commissionerjelinek seconded the motion and there was a vote. MOTION TO APPROVE THE CONCEPT PLAN PASSES UNANIMOUSLY There was no further deliberation other than they decided they were ready to also vote on the detailed plan. MOTION FOR THE DETAILED PLAN October 17,2016 Page 3 of 12 Commissioner Muldoon made an original motion inadvertently leaving out the fourth change but ultimately moved: "Regarding River Terrace East #3 PDR2016-00013 and SUB2016-00009; I move we approve the subdivision Detailed Plan with four extra changes. The first is on page 6 of the staff report: Condition 36 would correct the scrivener error of$1,900.00 in lieu of $19,000.00. Second, that conditions 11 and 16 conclude with the additional language "or as otherwise approved by the City of Tigard and Washington County;" third,we approve deferring compliance with section 18.660.030.B to final plat approval subject to staff's conditions and the staff report and informed by the testimony heard tonight— and fourth: that we authorize and find that there would be a deferral for the grading and we find that early grading authorization would not adversely affect the health, safety, and welfare of the city. Commissioner Middaugh seconded the motion. MOTION TO APPROVE THE DETAILED PLAN PASSES UNANIMOUSLY OPENED PUBLIC HEARING TRIANGLE MEDICAL OFFICE BUILDING PLANNED DEVELOPMENT- PLANNED DEVELOPMENT REVIEW (PDR) 2016-00011; SITE DEVELOPMENT REVIEW (SDR) 2016-00007 REQUEST: The applicant requests concurrent Planned Development Concept Plan and Detailed Development Plan review for a 36,000 square foot medical office building on a 3.73 acre vacant parcel located southwest of SW Dartmouth Street and SW 72nd Avenue. Proposed site improvements include a single-story building with surface parking raking access from SW Dartmouth through the eastern access to the adjacent Walmart development. A pedestrian path is proposed through the site from SW 72nd to the Walmart parking lot. A vegetated corridor along the northern property line is protected and improved. LOCATION: SW of the intersection of SW 72nd Avenue and SW Dartmouth Street;Washington County Tax Map 2S101BA,Tax Lot 00300. ZONES: C-G: general commercial district,with planned development overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.520, 18.620, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18. Vice President Feeney noted the applicant is asking that the concept plan be considered at this hearing and that the detailed plan be continued to a later date as determined by the Planning Commission. QUASI-JUDICIAL HEARING STATEMENTS Vice President Feeney read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: Commissioner Muldoon, Feeney, Schmidt, and Hu. No one wished to challenge the jurisdiction of the commission. October 17,2016 Page 4 of 12 STAFF REPORT Complete staff roods orfs are available on-fine at the City website one week prior to each hearing. Gary Pagenstecher, City of Tigard Associate Planner, addressed the material that he'd distributed to the commissioners including two additional public comment letters that hadn't been in their packets (Exhibit C). No other public comments were received from staff. He gave a brief orientation of the site and then focused on approval criteria 1 and 3 of the staff report that have to do with open space and natural features of the site: 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; and 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. QUESTIONS What is stairs opinion on maintaining the slope and also on having the streets in there that some people want? Gary Pagenstecher from Planning answered, "Engineering and Planning have different perspectives on this. I can give my opinion—but please note that Kim McMillan from Tigard Engineering has a differing view. My recommendation is an alternative approach —the topography is an important issue that should be addressed. I think it's an important use of the site—we need to weigh the impact of substantial walls that can have impact on pedestrian movements. I also think there are problems to bringing the building up to that sloping 72nd in terms of access to the building. I'm begging the question, 'Do you think it warrants further investigation'?" And your opinion on Elmhurst Street and 74th? Connectivity is a key for the success of Tigard Triangle. There must be connectivity — there are standards in 705 and 620 that direct development to provide that. I think the proposal which shows simply pedestrian connection on its own through the site is probably insufficient, and that a public street along the alignment shown is not the most feasible of alignments. I think this development should be obligated in some way to provide additional connectivity— I can't tell you exactly how. Kim McMillan,Assistant City Engineer spoke about street connectivity. She said, "Elmhurst is not located opposite this site, so you wouldn't typically ask the applicant to do a street extension on their site when it doesn't align. There were previous discussions where a planner from outside came in and talked about a street that would go across their site that had an alignment that was an "S" curve. That's not required; we need to go back to what the code requires. The applicant has done their homework in providing a future streets plan —which we wouldn't have normally asked for either because, again, the street doesn't align with their site — but they've shown that, and that's the plan you see here —and it goes directly from Elmhurst across the next site and they've shown that it can be done. It needs to meet the technical standards for constructing a street—that's what they've shown, so at this point they don't have to do any further investigation or due diligence in the mind of the engineering staff. They've October 17,2016 Page 5 of 12 4 done their part. That leaves the question for the next applicant — that yes, they'll have to address it." Are there any private property owners that are potentially adversely affected?The neighboring properties are alleging that this development would adversely affect their develop- ability, their existing use, so the outdoor property in particular is the subject of that argument. APPLICANT'S PRESENTATION REGARDING THE CONCEPT PLAN Mimi Doukas,AKS Engineering representing Base Camp I, LLC said, 'What we're really talking about is the end user—which is Compass Oncology. We have a very special applicant in this oncology center. They're excited to be in Tigard, and in this specific location, but they have specific site considerations that are needed for the special clientele of this use." She noted they're looking for consideration of the concept plan only at this time. They did submit a combined application for the CDP and the DVP to allow the commission to see the full substance of the application,but they want to break the conversation into two pieces. Start with the bigger picture of the concept development plan, get feedback from the commission, and then dive into more detail on the detailed development plan. We do not expect a decision at this time,we are expecting a continuance. Brad Perrigo;Executive Director, Compass Oncology explained that they are a medical practice dedicated to the treatment of cancer and the diseases of the blood. They are located in six locations in PDX and Washington. There will be over 80 employees at this location.10— 15 physicians, 10 or so mid-levels and supporting staff—nurses, therapists, & physicists. He explained that a single story facility is very important to them in terms of patient access because many patients are elderly. Parking is important for the same reasons. He noted many of their patients are being treated by both a medical oncologist, a surgeon, and a radiation oncologist. So having proximity of those specialists in the same hallway on the same floor is very important for the success of that care. Scott Harris,JRJ;Architect, went over the architectural site plan. He went over a site video. He showed pictures of what the building would look like (Exhibit D). He talked about the site plan considerations that went into this specific site. QUESTIONS Was there any consideration of using under-the-building parking? That would be cost prohibitive and would make it two stories,which doesn't meet the needs of the patients. Will you have an MRI Scanner? We will not have an MRI scanner. We will have a CT scanner that's integral to our radiation treatment. Would people come to your facility for a life threatening emergency? No, they would not come to us for a life threatening emergency. TESTIMONY IN FAVOR —None. October 17,2016 Page 6 of 12 TESTIMONY IN OPPOSITION —Bill Kabeiseman with Bateman Seidel, was there representing Gordon R. Martin, the trustee of the Tri-County Center Trust- they requested a continuance as there was testimony entered that evening that they would like to be able to review and rebut. He wants the commission to reject the concept plan and said the reasons are in the letter (dated 10/13/16) that the commissioners have. He spoke in opposition and believes the future street plan is infeasible and that it doesn't integrate into the neighborhood. Jim Long, 10730 SW 72nd Ave.,Tigard 97223 —is the chair of a CPO that's been around for 40 years and encourages citizen participation. He requests a continuance because he'd like to discuss some of the issues he'd heard about this at the CPO meeting that will occur the following week. lV PUBLIC HEARING CLOSED FOR THE CONCEPT PLAN APPLICANT REBUTTAL Dana Krawczuk, land use council for the applicant, said they want the record to be held open for 14 days for both sides to submit testimony. Reserve seven days for rebuttal; then have a public hearing to consider the concept plan. She said November 14 is probably the date. They would also like to go right into the detail plan at that hearing because ultimately it will be a single decision. In order to be sure that this time period works, they need to hear from the commission — to hear if they think this is the right direction, or if they're seeking something different during this open record period. The open record period will also allow the parties to collaborate. Ms. Krawczuk added later 'We'll extend the 120 day ride arcordingh."Regarding retaining walls— some of the larger numbers they'd heard - those were the maximum retaining walls—not an average or the entire site. She said she would like to focus on the road connection and connectivity. A public street is not a foregone conclusion. Both planning and engineering have said connectivity can be provided in a number of ways. They're trying to integrate into the neighborhood and the site but there are limitations. Walmart is one. When they were developed, they didn't provide a public street or a public access easement. To integrate connectivity with that barrier is challenging. She went on to explain, "They are willing to put a link in that chain between 72 and Dartmouth—but only once access over Walmart is granted also. If they were to allow others to go through their property onto Walmart's property, they would be subject to an injunction from Walmart for overburdening that access easement; that is the reality of the situation. Also—if it were to be a street, the alignment to Elmhurst isn't on their property. So they showed (and Engineering agreed) a feasible connection. The standard isn't what is the most feasible, the preferred connection... the direction they are probably going is something other than a public street. The Lean Code shows this as a pedestrian connection—not a public street. There are many visions. The best they can do is provide a future street plan that shows feasibility and that we're not encumbering development, or connectivity —but are providing it to the extent they can on their site. She reiterated that they are pleased to provide an easement so long as reciprocal rights are provided by Walmart. QUESTIONS October 17, 2016 Page 7 of 12 } Have you been in discussions with Walmart with regard to access? We have not, because we have private access. If other people want to take access through our property to Walmart, we think they should be the ones talking to Walmart. And particularly because a lot of this property was held in common at one time, that seems like it could have been a time to figure out some of this access—but it wasn't. Now—us as a subsequent purchaser trying to put the access deal— we're not in the best position to do so - and the City could always condemn public access. I'm okay with the concept, but I'm concerned about a 20 foot retaining wall. What is the danger of people falling off of it? There is a steel fence—a safety requirement that would provide protection. There is no entrance there either. The fence is the primary safety factor— and it's a pretty, decorative fence. FEEDBACK FROM THE COMMISSIONERS When you come back on a more detailed development plan, I would like examples to visualize why a 20 foot wall is needed and why a 10 foot wall wouldn't. It would be helpful to have examples of that to help visualize on the detailed portion, once we get to that. Regarding private property rights, I would like to see more effort than what appears to have been made. I believe we have to be very cognoscente when we're potentially impeding someone's ability to use their property. I'd like to better understand how people in the neighborhood would be able to cut across this property to access the Walmart area. I read through portions of your concept plan— does it have 3D models? Yes, and we can submit more of those as well. It's all built out in the model now. I'll commit someone else to do those renderings. Can you show the pedestrian entrance on 72nd in those models if you have drawings. That would be helpful. I would like to see how that pedestrian access would work. Okay. STAFF COMMENTS Gary Pagenstecher said "So November 14th would work-- that would allow a 14 day record open for testimony and a 7 day rebuttal period. After that, staff will work up a report. It will still be a two decision action—both the concept plan and the detailed plan. If the commissioners feel that the applicant has responded well to the issues, and there is no objection, then they could approve the concept plan and then, therefore, move on to the detailed plan. If they don't make a decision on the concept plan, then it can't move on that evening. MOTION TO CONTINUE Commissioner Muldoon moved: "Regarding PDR2016-00011 SDR2016-00007 I move that both be continued to a time certain -November 14 - and to keep the public record open October 17,2016 Page 8 of 12 for 14 days for written testimony and allow a response of 7 days after that for all interested parties. The motion was seconded by Commissioner Schmidt. MOTION TO CONTINUE TO NOVEMBER 14 PASSES UNANIMOUSLY PUBLIC HEARING OPENED 2016 OMNIBUS CODE AMENDMENT PACKAGE DEVELOPMENT CODE AMENDMENT (DCA) 2016-00003 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (I'DC). The proposed legislative amendments would do the following: (1) amend Chapter 18.130 Use Categories to include animal boarding as a personal service use, when completely enclosed in a building; and (2) amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub-Area; and (3) amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment (MUE) zones in the Tigard Triangle Plan District. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing); Metro's Urban Growth Management Functional Plan Tide 1, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11, 2.1.21, 2.1.23, '9.1.3, 9.1.12, 9.3.1, 10.1.1, and 10.1.5; and Tigard Development Code Chapters 18.380 and 18.390 STAFF REPORT The staff rrport is available on-lure at the City website one week prior to the hearth . Associate Planner Agnes Kowacz noted that there are three amendments they're looking at— animal boarding. Dog Boarding: • Initiated by City Council ➢ Classified as "Animal-Related Commercial" and prohibited in most commercial zones. Staff researched regulations for this use in surrounding jurisdictions: D. Most cities classify animal boarding facilities to be some kind of animal related service use with the exception of Portland, which classifies it more generally as service. A Lake Oswego prohibits these facilities in all commercial zones, Beaverton allows them only through a conditional use review while Hillsboro and Portland allows them in certain commercial zones. ➢ Proposal is to reclassify animal boarding, if completely enclosed, to personal service, which would allow it in most commercial zones. The next amendment is Downtown Tigard Height Limits. Y Prior to the establishment of the Downtown Plan District, the zone was known as Central Business District (CBD) with 80 foot height limits. In 2010, the Downtown Plan district was established with four sub-areas. Two of the four sub-areas retained the 80 foot height limit. October 17,2016 Page 9 of 12 D A 45 foot height limit was set due to a perceived visual conflict with existing development. D. Existing height limit reduces financial feasibility of new construction. Ms. Kowacz noted there is a typo that is being fixed in section 18.610.020A1. It's the paragraph that talks about Hwy 99 and the Hall corridor. The paragraph is not consistent with the table on the next page – so we're just cleaning that up. It's striking out 8 stories and replacing it with 45 feet. The last amendment - Multi-Family in the Tigard Triangle D. Mixed Use Employment (MUE) and General-Commercial (C-G) make up the Tigard Triangle. ➢ Multi-family is allowed in the MUE zone at 25 units per acre. ➢ Multi-family is permitted in the C-G zone only through a Planned Development review and is limited to only 25%of the gross floor area of a building. ➢ Tigard Triangle Strategic Plan was developed in May of 2015, which emphasize the area as a mixed-use employment area with a convenient pedestrian and bikeway system. ➢ Through this process greater housing choices and greater affordability were emphasized. ➢ The proposed change allows for more affordable housing options in the Triangle. QUESTIONS/COMMENTS I may have concerns about living next to, or above a facility that boards dogs. I have a quiet dog but I know some dogs are very yappy and some cry at night when they're by themselves; that's a concern. Also, by classifying this as personal services they are no longer allowing (inaudible) industrial zones so they might... I don't see why they're not allowing industrial zones when other animal services are allowed in the industrial zone–so that might be unintended consequences for reclassifying them as personal use. I just wanted to raise those issues. Is there a demand for this sort of thing?Yes, the doggy day care facilities like to couple that with overnight boarding. They know their clientele like to use the daycare facilities while they're at work but then when they go on vacation, they know the people and staff and want to board them in the same location. That's why we're seeing more of this. If there was a noise issue can you pull a license? No, if it's allowed and there's a noise issue –and it's a complaint - then we would send code enforcement out to the site and we would do a check. It would be the same noise regulation that applies to all other businesses and residential areas–we would do a check with a noise meter at the property line, and if it's over the limit, then we would cite them through the code compliance process. TESTIMONY IN FAVOR —Rachael Duke Community Partners PO Bo 23206, Tigard spoke in strong support of the amendment. She entered a letter into the record (Exhibit E). Richard Shavey, 11371 SW Sycamore Place, Tigard spoke on building height. He's a retired architect planner and spends lots of time downtown. For years he said he's spoken in favor of density in Downtown. He believes the downtown needs density - not 100's but 1000's of people October 17, 2016 Page 10 of 12 there. "We need to increase our likeability to developers. Developers have said they need buildings to be above 45 feet. We need to build up so we're not looking down from Hwy 99. I ask that the height limit be raised to above 80 feet." Jim Long, 10730 SW 72"Ave., Tigard—said he is neither for nor against anything at this time. He's not testifying representing the CPO but will put it on their agenda for the following week. He is in favor of affordable housing,but wants to get other people involved in this. He will have his CPO discuss this at their next meeting. He asked for a continuation so there will be more time for people to get involved and to give more input. TESTIMONY IN OPPOSITION Bill Kabeiseman, Attorney representing Mr. Martin with Bateman/Seidel at 888 SW 5'„ Street Portland, OR 97204 was there representing George Martin as a trustee of the Tri-County Trust. They own property at the heart of the Tigard Triangle at the Dartmouth and 72.d area. He echoed the previous speakers request for a continuance and spoke against the third amendment particularly. He argued that there's no focus on how that's going to happen in a way that's consistent with the vision for the Tigard Triangle. The proposal is simply to allow multi-family in the CG Zone. How can that be made consistent with the vision? He said they think the better course is to let it continue as retail but if, in fact, that isn't in the cards—let's do it right. Let's work on it and make sure we get it right. STAFF COMMENTS Tom McGuire, Assistant Community Development Director, said that as far as a continuance — it's up to the commission and how much information they want to hear to make a decision - and how they want to use it. He reminded them that they are making a recommendation to Council so there is another opportunity—but it's totally up to the commission. 'We're not up against a deadline. As far as what the last speaker was saying—that this may not be consistent with the vision for the triangle,we think it does meet the direction that we're moving in the triangle and the Strategic Plan. Mixed use is one way to do it. The direction we're going in the triangle is essentially to allow more freedom to the property owner and the market to decide what the best use for that piece of property is. I also want to remind the commission that this is a Legislative hearing—not Quasi Judicial so you're free to have open discussion." CLOSED PUBLIC HEARING DELIBERATION There was a short discussion about the dog boarding ordinance and also about possibly continuing this discussion to a later date. Vice President Feeney stated that he was in favor of making a recommendation tonight and sending it on to council. They deliberated on all three amendments. One of the main problems was with dog boarding being allowed in residential areas. The discussion turned to changing the ordinance to exclude animal boarding in residential areas. Tom McGuire said, "The easiest way to do that would be to October 17, 2016 Page 11 of 12 make an amendment to the footnote in the use table. I confirmed while we were talking that a certain amount of it would be also allowed in the IP zone which is the Industrial Park zone (inaudible) office park zone... so of the three industrial zones, that would be the one we would want to encourage it the most in." Vice President Feeney asked the commissioners to give their opinions —which they did - and it appeared they had a consensus. MOTION (RECOMMENDATION) Commissioner Hu made the following motion: "Regarding DCA2016-00003, I move that the Planning Commission forward a recommendation of APPROVAL to the City Council of this application and adopt the findings in the staff report, and based on the testimony received —WITH AN EXCEPTION for point number one —we would recommend that the change ordinance would exclude animal boarding of any kind in residential areas." Commissioner Jelinek seconded the motion. THE VOTE - ALL IN FAVOR NONE OPPOSED RECOMMENDATION TO APPROVE WITH THE EXCEPTION - PASSED UNANIMOUSLY OTHER BUSINESS —Tom invited the commissioners to attend the upcoming open house for the Tigard Triangle. He asked if the commissioners would like the new Community Engagement Coordinator (Lauren Scott) come in to talk about the community engagement program and some of the ideas and areas she's been working on. The commissioners said that yes, they would like that very much. ADJOURNMENT Vice President Feeney adjourned the meeting at 10:00 p.m. 'LAC DoreelAaughlin, Planning Cossion Secretary ATTEST: Vice President eeney October 17, 2016 Page 12 of 12 PLEASE SIGN IN HERE 1411111 t Tigard Planning Commission TIGARD Agenda itenn, Page of , Date of Hearing cc —(� Case Number(s) ?(` Case Name : . .;kj • \ ,2, t Location 2 ; uu,,,. : E 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:' 44 howt-vgA Name: ' �d if(e .`- Address: COmr uPC Address:,�1 _(7`f c 6,'G\DV i) , ?" f . j t� S i City, State, Zip: (� 3 1 c � Z%,014.7 1, City, State, Zip:4,i/ �e �?,1-!S Name: Name: Address: //5 cj / '4Iit. iey Address: City, State, Zip: 7 j 4477 .. .3 City, State, Zip: 7 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: REQUEST FOR COMMENTS ° Department of Transportation 4c _ . �, Oregon Region 1 Headquarters ._ , ,� 123 NW Flanders Street Portland,Oregon 97209 7954halteBrown,GZhIalkII (503)731.8200 FAX(503) 731.8259 October 31tfi,2016 ODOT#7362 ODOT Response Project Name: 2016 Omnibus Code Amendment Applicant: City of Tigard Package Jurisdiction: City of Tigard Jurisdiction Case#: DCA 2016-00003 Site Address: Downtown Tigard State Highway: OR 99W and Hall Blvd The site of this proposed land use action is adjacent to OR 99W and Hall Blvd. ODOT has permitting authority for these facilities and an interest in ensuring that this proposed land use is not significantly affected by the proposed code amendment package. COMMENTS/FINDINGS ODOT recommends the city make findings of no significant effect on transportation facilities utilizing subsection 9 of the Transportation Planning Rule 0060 which states: (9)Notwithstanding section(1)of this rule,a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all the following requirements are met. a. The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; b. The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and c. The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d),or the area was exempted from this rule but the local government has a subsequently acknowledged TSP II amendment that accounted for urbanization of the area. . City staff has confirmed that all three criteria above are met as explained in the October 26th, 2016 Technical Memorandum prepared by Lancaster Engineering. Based on this information, ODOT has determined that there will not be a significant effect on state highway facilities with the proposed code amendments. Please send a copy of the Notice of Decision including conditions of approval to: ODOT Region I Planning Development Review 123 NW Flanders St Portland,OR 97209 Region1 DEVREV Applications(e0dot.state.or.us Development Review Planner: Marah Danielson 503.731.8258, marah.b.danielson(e odot.state.or.us 1 1' it City of Tigard r R,A R D REQUEST FOR COMMENTS DATE: September 12.2016 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: Agnes Kowacz.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:agnesk@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2016-00003 - 2016 OMNIBUS CODE AMENDMENT PACKAGE - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The proposed legislative amendments would do the following. (1) amend Chapter 18.130 Use Categories to include animal boarding as a personal service use,when completely enclosed in a building,and (2) amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub-Area;and (3) amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment (MUE) zones in the Tigard Triangle Plan District. LOCATION: Citywide.APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning),9 (Economic Development) and Goal 10 (Housing);Metro's Urban Growth Management Functional Plan Title 1, and Tide 8;Comprehensive Plan Goals 1.1.2,2.1.2,2.1.3, 2.1.6, 2.1.11, 2.1.21,2.1.23, 9.1.3,9.1.12, 9.3.1, 10.1.1,and 10.1.5;and Tigard Development Code Chapters 18.380 and 18.390. Attached are Draft Amendments to be considered by the Tigard Planning Commission on OCTOBER 17, 2016 If you wish your comments to be incorporated into the staff report, WE NEED YOUR COMMENTS BACK BY 5PM, TUESDAY, SEPTEMBER 27.2016. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact Agnes Kowacz at 503-718-2429 or agnesk( ugard-or. ov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below-. John Wolff IAAI-CFI Deputy Fire Marshal 1! (503)259-1504-direct (503)642-4814-fax Tualatin Valley (503)649-8577-main - Fire & Rescue John.Wolff0±tvfr.com Name & Number of Person(s) Comme 11945 S.W 70th Avenue Tigard,OR 97223-9196 - www.tvfr.com r) ■ i = City of Tigard TIGARD REQUEST FOR COMMENTS DATE: September 12. 2016 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: Agnes Kowacz,Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 EmaiEagnesk@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2016-00003 - 2016 OMNIBUS CODE AMENDMENT PACKAGE - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (MC). The proposed legislative amendments would do the following: (1) amend Chapter 18.130 Use Categories to include animal boarding as a personal service use,when completely enclosed in a building;and (2) amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub Area;and (3) amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment (MUE) zones in the Tigard Triangle Plan District. LOCATION: Citywide.APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing);Metro's Urban Growth Management Functional Plan Title 1, and Title 8;Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11, 2.1.21, 2.1.23,9.1.3, 9.1.12, 9.3.1, 10.1.1, and 10.1.5;and Tigard Development Code Chapters 18.380 and 18.390. Attached are Draft Amendments to be considered by the Tigard Planning Commission on OCTOBER 17, 2016. If you wish your comments to be incorporated into the staff report, WE NEED YOUR COMMENTS BACK BY 5PM, TUESDAY, SEPTEMBER 27,2016. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact Agnes Kowacz at 503-718-2429 or agnesk@tigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact _ of our office. — Please refer to the enclosed letter. Written comments provided below: jName&Number of Person(s) Commenting: I C City of Beaverton City of Beaverton Planning Manager Steven Sparks, Dev Svcs Mgr POB 4755 POB 4755 Beaverton, OR 97076 Beaverton, OR 97076 City of Durham City Manager City of King City City Manager 17160 SW Upper Boones Ferry Rd 15300 SW 116th Ave Durham, OR 97224 King City, OR 97224 City of Lake Oswego City of Portland Planning Director Planning Bureau Director PO Box 369 1900 SW 4th Ave, Suite 4100 Lake Oswego, OR 97034 Portland, OR 97201 City of Tualatin Planning Manager ODOT Region 1 Development Review Program 18880 SW Martinazzi Ave 123 NW Flanders St Tualatin, OR 97062 Portland, OR 97209 Brian Harper OR Dept of Environmental Quality (DEQ) Metro -Land Use and Planning Regional Administrator 600 NE Grand Ave 700 NE Multnomah St#600 Portland, OR 97232-2736 Portland, OR 97232 OR Dept of Fish&Wildlife OR Dept of Geo. & Mineral hid. Elizabeth Ruther, Habitat Biologist 800 NE Oregon Street,Suite 965 North Willamette Watershed District Portland, OR 97232 18330 NW Sauvie Island Road Portland,OR 97231 OR Dept of Land Conservation & Dev. WA Co. Dept of Land Use &Trans Mara Ulloa Naomi Vogel-Beattie 635 Capitol Street NE, Suite 150 1400 SW Walnut St MS 51 Salem, OR 97301-2540 Hillsboro, OR 97123-5625 Clean Water Services Development Svcs Dept Tualatin Valley Fire&Rescue David Schweitzer/SWM Program John Wolff, DeputyFire Marshall 2550 SWHillsboro Hwy 11945 SW 70th Ave Hillsboro,OR 97123 Tigard, OR 97223-9196 Tri-Met Transit Development Ben Baldwin Project Planner 1800 SW 1st Ave #300 Portland, OR 97201 DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: 61riketirreitgit-—Text to be deleted [Bold, Underline and Italic] —Text to be added Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building, shall be considered Personal Service. } DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Strikcthrough —Text to be deleted [Bold, Underline and Italia —Text to be added Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings,to mixed use buildings up to 45 feet tall with retail on the ground floor and residential and/or office uses above. 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoff ns Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. Map 18.610,A: Tigard Downtown Plan District Sub-Areas 'Tigard Downtown Plan District 21 Sub Areas .-_-. Urban Renewalalslrict W-Hall Farna-Burnham Man-Center \ Scdfins-Cammaci al C Station Atea OVenayr Q 1111111100 0,,od ,,,,i,,,,,ob S, p 99W 5� m 0. __, __, 2 3 cn tSL cpG ,Ic',16,,,<3 ,4,,,,,, v 7 CO J J Q }2 co Note: for standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18370 is satisfied. 1. Development standards matrix. See Table 18.610.1 and Map 18.610.A. Table 18.610.1 MU-CBD Development Standards Matrix I. 2,3 STANDARD SUB-AREAS Main Street 99W/Hall Corridor Scoffins/Commercial Fanno/Bumham (MS) (99H) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft.for frontage on 0 ft. 0 ft. 99W) Maximum 10 ft. 25 ft. 20 ft. 20 ft. Side facing street on corner and through lots Minimum 0 ft. 0 ft. 011. 0 ft. Maximum 10 ft. N/A N/A N/A Sideyard Minimum/maximum N/A N/A N/A N/A Rear setback Minimum Oft. 5 ft. 5 ft. 5 ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum 4380 ft. 45 ft. 80 ft. 80 ft.' Ground floor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping' 0%s 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimums 25 25 25 15 Maximum 50 50 506 506 This table does not apply to existing development.All new buildings in the district must meet these development standards, including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. 3 See also Section 18.610.045,Exceptions to Standards. 4 In the MU-CBD zone, required landscaping can be provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. ` Landscaping/screening requirements for parking lots must be met. t' Station area overlay permits a maximum of 80 units per acre(see Map 18.61 OA). 7 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.610.A) or within 50 feet of low or medium density residential district. 8 Minimum density applies to residential-only development(not mixed use). , no n 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. OsoOp10Owag •100Riaue:e • O00001O0OIO+ior1pOIwo YO1Ma--- O O 0 0 4 O I O o I es O O Q 0 I I 0 I I o' I R I I Building I Building o f •is B Parking on the side or rear of buildings COL-1 landscape standard Max.Sf 3 of site frontage Landscape not required along shared prop.line 0 Min 10'setback See Ch.18,745 for screening and Landscaping requirements 8.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. • c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. S Y- 0 5 feet max equipment height 0 Equipment set back min 5 feet B.3 Rooftop Features/Equipment Screening 0!) 0 Scee n made 01 p n wary exterior finish m ater is 1,wood,o r masonry B.3.d.(1)Rooftop Features/Equipment Screening (architectural screen) Idr r CO 0 mak" 410, ir 0 Green roof features oath evergreen fo4iage B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW, public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or b. Set back from the street-facing elevation so it is not visible from the public ROW; or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained.(Ord. 15-05 §2; Ord. 13-04 §1; Ord. 12-13 §1; Ord. 10-02 §2) le) DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Strikethrough —Text to be deleted [Bold, Underline and Italia —Text to be added Chapter 18.520 COMMERCIAL ZONING DISTRICTS TABI.F 18.520.1 USE TABLE: COMMERCIAL ZONES I lousehold living in the C-G zone is restricted (R) and subject to Footnote 11 as follows: 111] A single-family unit providing that it is located on the same site with a permitted or conditional use sd% and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it is permitted outright. Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G and MUE zones.Minimum and maximum density requirements do not apply to these developments. DLCD FORM 2 NOTICE OF ADOPTED CHANGE FOR DLCD USE TO A COMPREHENSIVE PLAN OR File No.: "IG LAND USE REGULATION Received: Local governments are required to send notice of an adopted change to a comprehensive plan or land use regulation no more than 20 days after the adoption. (See OAR 660-01 h-6040). The rules require that the notice include a completed copy of this form. This notice form is not for submittal of a completed periodic review task or a plan amendment reviewed in the manner of periodic review. Use 1 ui 4 for an adopted urban growth boundary including over 50 acres by a city with a population greater than 2,500 within the UGB or an urban growth boundary amendment over 100 acres adopted by a metropolitan service district. Use Form 5 for an adopted urban reserve designation, or amendment to add over 50 acres,by a city with a population greater than 2,500 within the UGB. Use I orm 6 with submittal of an adopted periodic review task. Jurisdiction: Tigard Local file no.: DCA2016-00003 Date of adoption: 11/1/2016 Date sent: 11/9/2016 Was Notice of a Proposed Change(Form 1) submitted to DLCD? Yes: Date(use the date of last revision if a revised Form l was submitted): 9/12/2016 No Is the adopted change different from what was described in the Notice of Proposed Change? Yes No If yes, describe how the adoption differs from the proposal: The proposal was to remove therequirement for a planned dvelopment review and the limitation of 25%of floor areas for multi-family units in the C-G zone within the Tigard Triangle.The amendment was revised to remove the floor area limitation but keep the planned development review. Local contact(name and title): Agnes Kowacz Phone: 503-718-2429 E-mail: agnesk@tigard-or.gov Street address: 13125 SW Hall Blvd City: Tigard Zip: 97223- PLEASE COMPLETE ALL OF THE FOLLOWING SECTIONS THAT APPLY For a chan2e to comprehensive plan text: Identify the sections of the plan that were added or amended and which statewide planning goals those sections implement, if any: For a chan2e to a comprehensive plan map: Identify the former and new map designations and the area affected: Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Location of affected property(T, R, Sec.,TL and address): The subject property is entirely within an urban growth boundary http://www.oregon.gov/LCD/Pages/forms.aspx -1- Form updated November 1,2013 The subject property is partially within an urban growth boundary If the comprehensive plan map change is a UGB amendment including less than 50 acres and/or by a city with a population less than 2,500 in the urban area, indicate the number of acres of the former rural plan designation,by type, included in the boundary. Exclusive Farm Use—Acres: Non-resource—Acres: Forest—Acres: Marginal Lands—Acres: Rural Residential—Acres: Natural Resource/Coastal/Open Space—Acres: Rural Commercial or Industrial —Acres: Other: —Acres: If the comprehensive plan map change is an urban reserve amendment including less than 50 acres, or establishment or amendment of an urban reserve by a city with a population less than 2,500 in the urban area, indicate the number of acres,by plan designation, included in the boundary. Exclusive Farm Use—Acres: Non-resource—Acres: Forest— Acres: Marginal Lands—Acres: Rural Residential—Acres: Natural Resource/Coastal/Open Space—Acres: Rural Commercial or Industrial—Acres: Other: —Acres: For a change to the text of an ordinance or code: Identify the sections of the ordinance or code that were added or amended by title and number: For a change to a zoning map: Identify the former and new base zone designations and the area affected: Change from to Acres: Change from to Acres: Change from to Acres: Change from to Acres: Identify additions to or removal from an overlay zone designation and the area affected: Overlay zone designation: Acres added: Acres removed: Location of affected property(T, R, Sec., TL and address): List affected state or federal agencies, local governments and special districts: Washington County, DLCD Identify supplemental information that is included because it may be useful to inform DLCD or members of the public of the effect of the actual change that has been submitted with this Notice of Adopted Change, if any. If the submittal, including supplementary materials, exceeds 100 pages, include a summary of the amendment briefly describing its purpose and requirements. A Community Development Code text amendment to allow animal boarding as a personal service, increase heights in downtown and allow multi-family development in the General Commercial zone within the Tigard Triangle. http://www.oregori gov/LCD/Pages/forms.aspx -2- Form updated November 1, 2013 NOTICE OF ADOPTED CHANGE - SUBMITTAL INSTRUCTIONS 1. A Notice of Adopted Change must be received by DLCD no later than 20 days after the ordinance(s) E-mails with attachments that exceed 20MB will implementing the change has been signed by the not be received, and therefore FTP must be used for public official designated by the jurisdiction to sign these electronic submittals. The FTP site must be the approved ordinance(s) as provided in used for all .zip files regardless of size. The ()Its 197.615 and OAR 660-018-000• maximum file size for uploading via FTP is 2. A Notice of Adopted Change must be submitted 150MB. by a local government (city, county, or metropolitan Include this Form 2 as the first pages of a combined service district). DLCD will not accept a Notice of file or as a separate file. Adopted Change submitted by an individual or private firm or organization. 5. File format: When submitting a Notice of Adopted Change via e-mail or FTP, or on a digital 3. Hard-copy submittal: When submitting a disc, attach all materials in one of the following Notice of Adopted Change on paper, via the US formats: Adobe .pdf(preferred); Microsoft Office Postal Service or hand-delivery, print a completed (for example, Word .doc or docx or Excel .xls or copy of this Form 2 on light green paper if xlsx); or SSRI .mxd, .gdb, or. mpk. For other file available. Submit one copy of the proposed change, formats, please contact the plan amendment including this form and other required materials to: specialist at 503-934-0017 or Attention: Plan Amendment Specialist flan.amenclments(cistate.or.us. Dept. of Land Conservation and Development 6. Content: An administrative rule lists required 635 Capitol Street NE, Suite 150 content of a submittal of an adopted change(OAR R Salem, OR 97301-2540 660-018-0040(3)). By completing this form and This form is available here: including the materials listed in the checklist below, hurl: Iwww ww.orcuon.gov '1.( 1) fonns.shtml the notice will include the required contents. 4. Electronic submittals of up to 20MB may be Where the amendments or new land use regulations, sent via e-mail. Address e-mails to including supplementary materials, exceed 100 plan.annendments(a, state.or.us with the subject line pages, include a summary of the amendment briefly "Notice of Adopted Amendment." describing its purpose and requirements. Submittals may also be uploaded to DLCD's FTP 7. Remember to notify persons who participated in site at the local proceedings and requested notice of the http://www.oregon.gov/LCD/Pages/papa submittal.as final decision. (ORS 197.615) If you have any questions or would like assistance, please contact your DLCD regional representative or the DLCD Salem office at 503-934-0017 or e-mail plan.amendmeni:,. L ,, Notice checklist. include all that apply: Completed Form 2 A copy of the final decision (including the signed ordinance(s)). This must include city and county decisions for UGB and urban reserve adoptions The findings and the text of the change to the comprehensive plan or land use regulation If a comprehensive plan map or zoning map is created or altered by the proposed change: A map showing the area changed and applicable designations, and Electronic files containing geospatial data showing the area changed, as specified in OAR R 660-018- °040(5), if applicable http://www.oregon.gov/LCD/Pages/forms.aspx -3- Form updated November 1, 2013 Any supplemental information that may be useful to inform DLCD or members of the public of the effect of the actual change http://www.oregon.gov/LCD/Pages/forms.aspx -4- Form updated November 1,2013 a ,t CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- 2 AN ORDINANCE AMENDING CHAPTERS 18.130 (USE CATEGORIES), 18.510 (RESIDENTIAL ZONING DISTRICTS), 18.520 (COMMERCIAL ZONING DISTRICTS), 18.610 (TIGARD DOWNTOWN PLAN DISTRICT, AND 18.620 (TIGARD TRIANGLE PLAN DISTRICT) FOR THE PURPOSE OF ADOPTING AN OMNIBUS AMENDMENT PACKAGE TO CLASSIFY ANIMAL BOARDING AS A PERSONAL SERVICE USE CATEGORY, INCREASE HEIGHT LIMITS IN THE MAIN-CENTER SUB-AREA OF THE TIGARD DOWNTOWN PLAN DISTRICT, AND ALLOW MULTI-FAMILY DWELLINGS IN THE GENERAL COMMERCIAL ZONE WITHIN THE TIGARD TRIANGLE (DCA2016-00003). ad WHEREAS, the city has initiated an application to amend the text of Development Code; and WHEREAS, the purpose of the amendments is to address emergent development code issues regarding prohibition of animal boarding in commercial zones, height limits in the Tigard Downtown Plan District, and multi-family dwellings in the Tigard Triangle; and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.390.060,D and ORS 227.186; and WHEREAS, the Tigard Planning Commission held a public hearing on October 17, 2016 and recommended by unanimous vote that Council approve the proposed code amendment, as amended by Planning Commission; and WHEREAS, the Tigard City Council held a public hearing on November 1, 2016 to consider the proposed amendments; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has determined that the proposed development code amendments are consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 16- 3 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Council adopts the findings contained in the "Planning Commission Recommendation to the City Council", dated October 10, 2016 and included as "Exhibit A" to this Ordinance. SECTION 2: Tigard Development Code (Title 18) is amended as shown in "Exhibit B" of the Planning Commission Recommendation to the City Council, except that Chapter 18.620 is amended as provided in "Exhibit B-1" rather than shown in Exhibit B. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By e,L° ' 7" ML vote of all Coun,�cil members present after being read by number and title only, this I day of Self nI - , 2016. Carol Drager, City Recor rr APPROVED: By Tigard City Council this /51:- day of /Urtr , 2016. i . /ffir. John r . Gook, Mayor Approved as to form: City Attor y 31 ) ) Ito Date Certified to be a True Copy of Original on File • By:oz. , ! �_ . �}"1-#.004A De•uty R= "••rder- City Date: N1 ec1 (g, ao, ORDINANCE No. 16- Page 2 Exhibit A Agenda Item: #I _ Hearing Date: November 2.2016 Time: 7:30 PM PLANNING COMMISSION RECOMMENDATION TO THE • CITY COUNCIL FOR THE CITY OF TIGARD, OREGON '11 GAR D SECTION I. APPLICATION SUMMARY CASE NAME: OMNIBUS CODE AMENDMENT PACKAGE CASE NO.: Development Code Amendment(DCA) DCA2016-00003 PROPOSAL: The proposed legislative amendments to the Tigard Development Code (TDC) would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building, under the personal services use category;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. The proposed text and map amendments for the City Council's review are included in Attachment 1, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing); Metro's Urban Growth Management Functional Plan, Title 6, Title 7, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1 10.1.5, 15.1, 15.2.1, 15.2.2, 15.2.6, and 15.2.7 ; and Tigard Development Code Chapters 18.380 and 18.390 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code text amendments (Attachment 1)with any alterations as determined through the public hearing process. OMNIBUS CODE AMDI:NI)MI'N r PACKAG1? DCA2016-00003 11/1/2016 PUBLIC HEARING,STA REPORT TO'HIE CHI'COUNCIL PAGE 101 11 SECTION HI. BACKGROUND INFORMATION AND PROJECT SUMMARY Planning Commission is recommending for Council consideration an omnibus amendment package to address three emergent development code issues. These issues are being bundled together for administrative efficiency through one land use process. The three components are summarized below followed by a brief discussion of each item. Further discussion is provided in Attachment 1 of this report. 1. Amend Chapter 18.130 Use Categories to include animal boarding,when completely enclosed in a building,under the personal services use category ;and 2, Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area; and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) zone in the Tigard Triangle Plan District. DOG BOARDING AS A PERSONAL SERVICE USE Owners of dog boarding facilities expressed concern to Tigard City Council about the current regulations pertaining to the classification of boarding facilitates. According to TDC 18.130.060.B, the boarding of normal household pets is considered an "Animal-Related Commercial" use and is not allowed in the C-N (Neighborhood Commercial), C-C (Community Commercial),C-G (General Commercial), C-P (Professional Commercial), MU-CBD (Mixed-Use Commercial Business District),MUC (Mixed Use Commercial), MUE-1 and 2 (Mixed-Use Employment) and MUR-1 and 2 (Mixed Use Residential) zoning districts. Tigard City Council expressed interest in pursuing this further and asked staff to explore the option of allowing this use in commercial zones provided the impacts could be mitigated. Staff researched several cities to see how animal boarding was being regulated. The comparison of these regulations is listed below; City Regulation o Consider overnight animal boarding to be an "animal boarding facility" • Conditionally permitted in industrial zones Lake Oswego • Not permitted in commercial zones o Consider doggy daycare to be "pet care,daily" • Conditionally or outright permitted in commercial zones, depending on the zone and whether or not it's fully indoors o Consider overnight animal boarding with 5 animals or more to be a "animal care,major" • Conditionally permitted in all commercial and industrial zones, Beaverton with the exception of one industrial zone which permits it outright L • Not permitted outright in any zone o Consider doggy daycare and overnight animal boarding to be an "animal service facility" Hillsboro • Permitted outright, but only indoors in Neighborhood Commercial Zone • Permitted outright, subject to certain restrictions in General Commercial Zone OMNIBUS CODE AM1)FNDMEN`I'PACKAGE D(:A2o16-00003 11/1/2016 PUBLIC III:ARING,STAFF REPOR'I"I'OTIII?CITY(:OUNCII, PAGE 2OF 11 a Consider doggy daycare and overnight animal boarding(with the exception of animal breeding) to be "retail sales and service" Portland a Permitted outright or subject to certain limitations in all commercial zones (except the Office Commercial 1 Zone) ■ Conditionally permitted in all industrial zones Based on the research provided above, a majority of the cities classify animal boarding facilities to be sonic kind of animal related service use with the exception of Portland,which classifies it more generally as service. Lake Oswego prohibits these facilities in all commercial zones, Beaverton allows them only through a conditional use review while Hillsboro and Portland allows them in certain commercial zones. Staff proposes to classify animal boarding facilitates as a "Personal Service" use when all the activities associated with the use,with the exception of parking, are completely enclosed within a building. If classified as a personal service use, animal overnight boarding facilitates would be permitted outright in C-N, C-C, C- G, C-P, MU-CBD and MUC commercial zoning districts and permitted subject to certain restrictions in the MUE,MUC-1,MUE-1 and 2 and MUR-1 and 2 commercial districts. Planning Commission expressed concern that if animal boarding is reclassified as a personal use service use, animal boarding could potentially occur in two residential zones, R-25 and R-40. To address this, Planning Commission revised the proposed amendment to specifically prohibit animal boarding in residential zones. To accomplish this directive, staff added language to footnote 11 in Chapter 18.510 that states "Animal boarding, even if enclosed within a building,is prohibited in residential zones". DOWNTOWN TIGARD PLAN DISTRICT HEIGHT LIMITS In 2010, a new Mixed Use-Central Business District (MU-CBD) zone was instituted. Rather than having a single height limit, the zone was broken down into sub-areas with different building and site development standards including building heights. The Main-Center sub-area centers on Downtown's historic Main Street. New buildings in the sub-area must include ground floors with commercial storefront features, with residential and commercial uses are permitted on upper floors.❑ Much of the rest of the MU-CBD zone retained the 80-foot height limit of the predecessor zone— the Central Business District (CBD). A 45- foot height limit was set in the Main-Center sub-area with the idea that taller buildings might present a visual conflict with the existing one and two story buildings on Main Street. The 45-foot height limit realistically only allows a 3 story building,due to the requirement that the ground floor in the Main-Center sub-area be 15 feet tall. This reduces the financial feasibility of new construction. Downtown Tigard is a focus area for redevelopment, with an urban renewal district in place. Several redevelopment studies have been undertaken, that have run financial feasibility models for new development. Taller buildings were found to be more financially feasible because more leasable square footage could offset the costs of new construction and the lower rental rates that can be presently achieved in the Downtown. Returning the 80-foot height limit that was in place for much of the Main-Center sub-area prior to 2010 is in keeping with the area's designation as a Metro Town Center,a focus area for transit supportive redevelopment. MULTI-FAMILY DWELLINGS IN THE TIGARD TRIANGLE The Tigard Triangle Plan District was adopted to develop a mixed-use employment area with a convenient OMNIBUS CODE AN11]I?NDMENT PACKAGE DCA2016-00003 11/1/2016 PUBLIC iWARING,STAIN REPORT TO'17 IE CITY COUNCIL. PAGE 3 OF 11 pedestrian and bikeway system. In addition, the Triangle is within a Metro designated Town Center. Zoning within this district includes both Mixed Use Employment (MUE) and General Commercial (C-G). Multi- family housing is permitted in the MUE zone at 25 units per acre; but is restricted in the C-G zone. The use is permitted only through a Planned Development process; which limits a maximum of 25% of the total gross floor area for multi-family use. Since the adoption of the Tigard Triangle district, housing development has been limited. However, as demand for housing increases in the Metro region, this is likely to change. In May 2015 the City along with citizens, property owners and businesses developed the Tigard Triangle Strategic Plan, which envisions a vibrant, walkable Triangle with a mix of uses. Plan participants emphasized the importance of providing a variety of housing choices and greater affordability within the Triangle. Amending the C-G restrictions on multi-family in the Tigard Triangle will encourage housing development that supports the vision for the Triangle and eliminate barriers for providing much needed work-force and affordable housing. The proposed amendment is limited to the C-G zone within the Tigard Triangle; thus multi-family will still be restricted in C-G zones in other areas of the city. PROPOSED AMENDMENTS Amend the Tigard Development Code as proposed: o Text Amendments to Chapter 18.130 (Use Categories) to amend the "Animal-Related Commercial" use category to allow overnight boarding as a "Personal Service" use when all activities,with the exception of parking, are completely enclosed within a building. o Text Amendments to Chapter 18.510 (Residential Zoning Districts) to amend footnote 11 of Table 18.510.1 with language that states "Animal boarding,even if enclosed within a building,is prohibited in residential zones". o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend 18.610.020.A.1, the sub-area description for Highway 99 and Hall Boulevard Corridor, to correct a typo on line seven by changing "eight stories" to "45 feet" to make the description consistent with the MU-CBD Development Standards Matrix;Table 18.610.1. o Text Amendments to Chapter 18.610 (Tigard Downtown Plan District) to amend the maximum height standard for the Main-Center sub-area in the MU-CBD Development Standards Matrix; Table 18.610.1, from 45 feet to 80 feet. L o Text Amendments to Chapter 18.520 (Commercial Zoning Districts) to amend footnote 11 of Table 18.520.1 in order to remove the requirement for a Planned Development Review for multi-family housing within the C-G zone within the Tigard Triangle Plan District. o Text Amendments to Chapter 18.620 (Tigard Triangle Plan District) to add a new Section that would allow multi-family dwelling units in the C-G (General Commercial) zone. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. OMNIBUS 1'r1(;KAGE l)CA2416-00003 11/112016 PUBLIC HEARING,STAFF.1I'I'RI:1'ORi TO'HIE(TIY COUNCIL PAGE 4 OF 11 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list.A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10 Housing: This goal seeks to provide a variety of needed housing types. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10,1 and associated policies. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 6: Central City, Regional Centers,Town Centers and Station Communities OMNIBUS(X)1)]i Ani1)I?Nl)MINT PAc:K,I(:1s x)(_;12016-00003 11/1/2016 P1'131.1(:III?AR1NG,SIAN:12E1'011i"1'OTILE.cm'C( uN(;11. PAGE 5OF1t Requires local jurisdictions to adopt land use and transportation plans that are consistent with Metro guidelines for designated Town Centers. FINDING: The Metro 2040 Growth Concept and Framework Plan designates Downtown Tigard as a Town Center. Centers are defined as "compact, mixed-use neighborhoods of high-density housing, employment and retail that are pedestrian-oriented and well served by public transportation and roads." Downtown Tigard is also a designated Station Community. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new buildings that will help achieve "compact, mixed-use neighborhoods of high-density housing, employment and retail."This title is satisfied. Title 7 —Housing Choice: This goal ensures that Comprehensive Plans and implementing ordinances provide for a diverse and affordable range of housing. FINDING: The proposed amendment will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review. The proposed code amendment will make the process for permitting this type of development timelier and less costly. Returning the Main Street section of the Main Center sub-area to 80 feet would allow more flexibility in the development of new mixed use buildings with upper floor residential that will help provide for a more diverse and affordable range of housing near the transit center in Downtown Tigard, a Metro designated Town Center where new housing will be focused.This title is satisfied. Title 8—Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This title has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28, 2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided.This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the OMNIBUS(:00k AMDENI)MI:N'1'PA(:KAGI:, DCA2016-00003 11/1/2016 PUB].1(:HEARING,STAFF REPORT 10-1'111:CM'COUN{:11. PAGI'.6 OF 11 land use planning process. FINDING: This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 28,2016 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided.This policy is met. Comprehensive Plan Goal 2:Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.L3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. FINDING: The proposed text amendments will allow for a variety of uses to be located within the City which will result in more taxable economic activity to occur. The proposal includes allowing animal overnight boarding to be a permitted use in most commercials zone. The increase in heights in the Main Street subarea will also provide for more diverse land uses that may occur downtown. Eliminating restrictions on affordable housing in the Triangle will encourage development of more housing in the district. This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments do not change the requirements for developments to comply with site design/development regulations. All development shall continue to conform to all regulations. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments allowing animal overnight boarding to be allowed in most commercial zones when the associated activities, with the exception of parking, is completely enclosed within a building. III Impacts such as noise and odor, which can result from this type of business is mitigated by the activities being completely contained within a building. This use would not generate greater impacts than other commercial OMNIBUS CO17I:AM1)1SNUMIiN'f PACKAGE DCA2016-0000311/1/2016 PUBLIC I II RING,STAN:REPORT 1'[)'1'111;CITY 1:MINCIl PAGE 7 OF 11 uses that are currently permitted in commercial zones. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Policy 9.1.5 The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. The City has taken several actions to focus growth in its Metro designated Town Center (Downtown and the Tigard Triangle) where there is much vacant and underutili'ed land. The raising of the height limit in the Main- Center sub-area would increase the financial feasibility of redeveloping underutilized properties in the area. This policy is satisfied. Policy 9.1.3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. FINDING: The proposed amendments will remove the requirement for a Planned Development review for multi-family housing within the Tigard Triangle Plan District, which will enable housing projects to be approved through a timelier and less costly process. This policy is satisfied. Policy 9.1.12: The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economy. FINDING: The raising of the height limit in the Main-Center sub-area would promote livability in the downtown by encouraging new development in an area with good walkability, transit access and proximity to the regional Fanno Creek Trail. This policy is satisfied. Policy 9.3.1: The City shall focus a significant portion of future employment growth and high-density housing developments in its Metro-designated Town Center (Downtown); Regional Center (Washington Square); High Capacity Transit Corridor (Hwy 99W); and the Tigard Triangle. FINDING: The proposed amendments enable multi-family housing to occur in the Tigard Triangle Plan District in a timelier and less costly manner. Raising the height limit in the Main-Center sub-area of the Downtown will provide for higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown).This policy is satisfied. Comprehensive Plan Goal 10: Housing Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that met the needs, preferences and financial capabilities of Tigard's present and future residents. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District. Currently, the code only allows this type of development through a Planned Development review, which limits multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly. This amendment would assist in providing affordable housing. Raising the height limit in the Main-Center sub-area of the Md-CBD zone in the Downtown Plan District will increase the financial feasibility for higher density housing and mixed use development near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Policy 10.1.5: The City shall provide for high and medium density housing in the areas such as town OMNIHI IS(.ODF.AMI)ISNDA11'.N'1'PA(..K:1(il'. DCA2016-00003 11/1/2016 P11H1.1(;I11.:1RIN(i,STAFF 1(I?,0111 THE(; l' (;OUN(;fl. PAGE 8 OF 11 centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit and other public services necessary to support higher population densities are either present of planned for in the future. FINDING: The proposed amendments will permit outright multi-family dwelling units in the C-G zone within the Tigard Triangle Plan District, which is part of the Tigard Town Center. Currently, the code only allows this type of development through a Planned Development review. The Planned Development regulations limit multi-family to 25% of the gross floor area. The proposed code amendment will make the process for permitting this type of development timelier and less costly and encourage more affordable housing development within the Triangle. Raising the height limit in the Main-Center sub-area of the Downtown will support higher density housing near the Tigard Transit Center in a Metro-designated Town Center (Downtown). This policy is satisfied. Special Planning Area-Downtown Goal 15.1 The City will promote the creation of a vibrant and active urban village at the heart of the community that is pedestrian oriented, accessible by many modes of transportation, recognizes natural resources as an asset, and features a combination of uses that enable people to live,work,play, and shop in an environment that is uniquely Tigard. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District,will increase the feasibility of redevelopment that will create a vibrant and active urban village. This goal is satisfied. Policy 1.5.2.1: New zoning, design standards, and design guidelines shall be developed and used to ensure the quality, attractiveness, and special character of the Downtown as the "heart" of Tigard, while being flexible enough to encourage development. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will allow more flexibility in development by permitting taller buildings while still ensuring the quality, attractiveness, and special character of the Downtown. This policy is satisfied. Policy 15.2.2: The downtown's land use plan shall provide for a mix of complementary land uses such as: A. retail, restaurants, entertainment and personal services;0 B. medium and high-density residential uses, including rental and ownership housing;Ll C. civic functions (government offices, community services, public plazas, public transit centers, etc) D. professional employment and related office uses; and❑E. natural resource protection, open spaces and public parks. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will facilitate the development of a mix of complementary land uses, by making such development more financially feasible. This policy is satisfied. Policy 15.2.6: New housing in the downtown shall provide for a range of housing types, including ownership,workforce, and affordable housing in a high quality living environment. FINDING: Raising the height limit in the Main-Center sub-area of the MU-CBD zone in the Downtown Plan District will improve the financial feasibility of mixed use buildings with upper floor residential and so provide for a range of housing types in the downtown. This policy is satisfied. Policy 15.2.7: New zoning and design guidelines on Main Street will emphasize a "traditional Main OMNIBUS C()1)1,AAIDEN I)MEN'I'PACKAGE DCA 2016-00003 11/1/2016 P(PBI,IC IWARING,S'T'AFF REPORT 1'('1'11+;CITY CUI.)Na'. P.t(;li 9 01'11 Street" character. FINDING: Many communities in Oregon have traditional Main Streets that allow buildings taller than 45 feet. Design standards including window coverage, traditional storefront appearance will remain in place and will ensure that new buildings to provide a "traditional Main Street character." This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.380: Zoning Map and Text Amendments 18.380.020 Legislative Amendments to this Title and Map Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. Section 18.380: Decision Making Procedures 18.390.060 Type IV Procedure 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. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan;applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, METRO, DOGAMI, ODOT, DLCD, DEQ, ODFW, CWS, and Tri- Met were notified of the proposed code text amendment but provided no comment. ()AIN IRDS CODE.:1AI1)1?NI)AMENi'PACK,\GE? 1)CA2016-00003 11/1/2016 PUB].1C 111%.\RING.STAFF REPORT TO TIW(:rlY COUNCIL. PAGE 10 OF 11 ODOT provided comments stating they have would d lilts to review the City's Transportation Planning Rule (I'PR) 0060 findings. Staff stated that they will provide the findings as soon as they are received from the consultant. Tualatin Valley Fire and Rescue provided comments stating that they reviewed the proposal SECTION VI. PUBLIC COMMENTS The City received two phone calls inquiring more details on the code amendments and how the regulations were proposed to change. Staff provided additional information and invited them to attend the public hearings. The Planning Commission heard testimony from four citizens at the public hearing on August 15, 2016. Two citizens spoke in favor of the amendments,one was neutral and the fourth was against the change to the Tigard Triangle Plan District. The testimony was considered by the Planning Commission as the)' formed their recommendation to Council to approve the proposed amendments. The Commission also decided to make amend Issue 1 as proposed by staff. The Commission directed staff to add language that prohibits overnight dog boarding in residential zones. The Planning Commission Minutes are included as Attachment 2. ATTACHMENTS: Attachments: 1. Draft Text Amendments a. 18.130 Use Categories and 18.510 Residential Zoning Districts b. 18.610 Tigard Downtown Plan District c. 18.520 Commercial Zoning Districts and 18.620 Tigard Triangle Plan District 2. Draft October 17, 2016 Planning Commission Minutes 4October 19. 2016 PREPARED BY: t. es Kowacz DATE Associate Planner October 19.201 APPROVED t.-Y: Tom McGuire DATE Assistant Community Development Director ()MNIUUS C()1)I:A MINN DMl:N'I`P,1C1:,1(;Is 1)CA201(-00003 11/1/2016 P1181.IC Ill.:AI NG,SI',1EIt ItEPOR'l"1'OTHE CITY COUNCIL. PAGE 1 t OF 1 Attachment 1 a DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting —Text to be deleted [Bold, Underline and Italia —Text to be added Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. e. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which arc considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of_parking, are completely enclosed within a building, shall be considered Personal Service. Except from Chapter 18.510 RESIDENTIAL ZONING DISTRICTS TABLE 18.510.1 USE.TABI.F: RESIDENTIAL ZONES Attachment 1.a Personal Service is restricted (R) in the R-25 and R-40 zone and is subject to Footnote 11 as follows: [111 Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. Animal boarding, even if enclosed within a building, is prohibited in residential zones. Attachment 1.b DCA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: � -—Text to be deleted [Bold, Underline and Italie!-Text to be added Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Off-Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point- along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings,to mixed use buildings up to eight-stories 45 feet tall with retail on the ground floor and residential and/or office uses above. 2, Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. Attachment 1 b 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. Attachment 1.b Map 18.610.A: Tigard Downtown Plan District Sub-Areas • ligand Downtown Plan District 21 Sub-Areas -- Urban Renewal D3 S4! ! H Y a. el e .., . 0 0- :, 4 ,4 , ,„ s4. y,Q 111111k,:.`,.... m J ..J - Q T . Note: for standards for development surrounding the future public plaza see Section 18.1510.040, Special Requirements for Development Bordering Urban Plaza. Attachment 1 b B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. I. Development standards matrix. See Table 18.610.1 and Map 18.610.A. Table 18.610.1 t MU-CBD Development Standards Matrix t'2.3 STANDARD SUB-AREAS Main Street 99W/Hall Corridor Scoffins/Commercial Fanno/Burnham 1 (MS) (99H) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft.for frontage on 0 ft. 0 ft. 99W) Maximum 10 ft. 25 ft. 20 ft. 20 ft. Side facing street on corner and through lots Minimum 0 ft. 0 ft. 0 ft. 0 ft. Maximum 10 ft. N/A N/A N/A Sideyard Minimum/maximum N/A N/A N/A N/A Rear setback Minimum 0 ft. 5 ft. 5 ft.. 5 ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum 4380 ft. 45 ft. 80 ft. 80 ft.' Ground floor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping° 0%3 10% 10% 20% Minimum building frontage _50% 50% 50% 50% Residential density(units per acre) Minimum8 25 25 25 15 Maximum 50 50 506 506 i This table does not apply to existing development.All new buildings in the district must meet these development standards, including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. I 3 See also Section 18.610.045,Exceptions to Standards. ° In the MU-CBD zone, required landscaping can be provided on roofs or within the right-of--way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. 5 Landscaping/screening requirements for parking lots must be met. 6 Station area overlay permits a maximum of 80 units per acre(see Map 18.610A). 7 45 feet within 200 feet of Fanno Creek Park boundary (see Map ]8,610.A) or within 50 feet of low or medium density residential district. 8 Minimum density applies to residential-only development(not mixed use). Attachment 1.b 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. ap-0090 001)90030000/90 09044 09 00 ON 111,01111010 OAP v d ► Q 0 � 0 � o O 0 0 I o O 0 a O I11 f O i O #" io 0r--•-. • 0— —0— P' , 0 Parking on the side or rear of buildings O L-1 landscape standard 0 Max.50%of site frontage 0 Landscape not required along shared prop.the •Min.10'setback 4See Ch1b.745t«icr@enhgand landscaping requirernent3 B.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels. Ew ind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. Attachment 1.b _ e. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. ] id V • , WA l IP 4)5 luta max equipment height 0 Et?lpment set back min 5 feel 13.3 Rooftop Features/Equipment Screening Attachment 1.b i r 0 see,made of*mar tartr finish rselewlekirrooct a'/mom B.3.d.(1)Rooftop Features/Equipment Screening(architectural screen) •%,4 e rr o- 0 Green loaf features with evergreen foliage B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes. etc.) shall be screened from view from adjacent ROW, public spaces. and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or Attachment 1.b b. Set back from the street-facing elevation so it is not visible from the public ROW;or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained.(Ord. 15-05 §2;Ord. 13-04 §1; Ord. 12-13 §1;Ord, 10-02 §2) Attachment 1.c D CA2016-00003 2016 OMNIBUS CODE AMENDMENT PACKAGE Explanation of Formatting These text amendments employ the following formatting: Striket-hrottghr—Text to be deleted !Bold, Underline and Italic]—Text to be added Chapter 18320 COMMERCIAL ZONING DISTRICTS TABLF 18.520.1 USE TABLF: COMMERCIAL ZONES Household Living in the C-G zone is restricted (R) and subject to Footnote 11 as follows: [11] A single-family unit providing that it is located on the same site with a permitted or conditional use ii and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it is permitted outright. Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts, multifamily dwelling units are permitted in the C-G zone.Minimum and maximum density requirements do not apply to these developments. EXHIBIT B Except from Chapter 18.130 USE CATEGORIES 18.130.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and a single dwelling unit exclusively occupied by an on-site caretaker or the kennel owner/operator and family. 4. Exceptions: a. Facilities where the primary activity is animal sales shall be considered Sales-Oriented Retail. b. Does not include animal grooming, which is considered Personal Services or Repair- Oriented Retail. c. Does not include veterinary clinics,which are considered Office. d. Does not apply to poultry or livestock,which are considered an Agriculture/Horticulture Use. e. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building, shall be considered Personal Service. Use Categories 18.130 Proposed Code Amendment DCA2016-00003 EXHIBIT B Excerpt from Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright. but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230. 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions. 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230. 4. A prohibited(N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Residential Zoning Districts 18.510 Proposed Code Amendment DCA20I6-00003 EXHIBIT B TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P I„ Group Living R'/C RIC R1/C R'/C R'IC R'/C R'/C R'/C Transitional Housing N N N N NCCC Home Occupation R2 R2 R2 R2 R2 R2 R2 R2 HOUSING TYPES Single Units,Attached N N N R8 R9/C P P P Single Units, Detached P P P P P P P P Accessory Units R3 R3 R3 R3 R3 R3 R3 R3 Duplexes N N C C P P P P Multifamily Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC(INSTITUTIONAL) Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4 Colleges C C C C CCCC Community Recreation C C C C CCCC Cultural Institutions N N C C CCNN Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 Emergency Services C C C C CNNN Medical Centers N N C C CCCC Postal Service N N N N NNNN Public Support Facilities P P P P P P P P Religious Institutions C C C C CCCC Schools C'2 C'2 C'2 C12 C'2 C12 C'2 Ci2 Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Commercial Lodging N N N N NNNN Custom Arts and Crafts N N N N NNNN ` Eating and Drinking Establishments N N N N NNNN Major Event Entertainment C13 C13 C13 Ct3 C13 C13 C13 C13 Outdoor Entertainment N N N N NNNN Indoor Entertainment N N N N NNNN Adult Entertainment N N N N NNNN Sales-Oriented N N N N N N R" R" Personal Services N N N N N N R" R" Repair-Oriented N N N N N N R" R" Bulk Sales N N N N NNNN Outdoor Sales N N N N NNNN Animal-Related N N N N NNNN Motor Vehicle Sales/Rental N N N N NNNN Motor Vehicle Servicing/Repair N N N N NNNN Vehicle Fuel Sales N N N N NNNN Office N N N N NNNN Self-Service Storage N N N N NNNN 1 Non-Accessory Parking N N N N N C10 C'0 C'0 Residential Zoning Districts 18.510 Proposed Code Amendment DCA2016-00003 EXHIBIT B TABLE 18.510.1 USE TABLE (coned) USE CATEGORY R-I R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 INDUSTRIAL Industrial Services N N N N N N N N Light Industrial N N N N N N N N General Industrial N N N N N N N N Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 Transportation/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 'Permitted subject to requirements Chapter 18.742. 'Permitted subject to compliance with requirements in 18.710. 4Except water,storm,sanitary sewers,and other underground infrastructure facilities, which arc allowed by right. 6In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 'When an agricultural use is adjacent to a residential use, no poultry or livestock,other than normal household pets. may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798,Wireless Communication Facilities, for requirements for permitted and restricted facilities. 'Attached single-family units permitted only as part of an approved planned development. 'Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. "Only park-and-ride and other transit-related facilities permitted conditionally. "Limited to ground-floor level of multi-family projects,not to exceed 10%of total gross square feet of the building. Animal boarding,even if enclosed within a building,is prohibited in residential zones. 12School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is three years. An extension to the time limit is possible through a major modification to the conditional use. "Permitted as a conditional use on public school sites. (Ord. 15-05 §2;Ord. 10-15 §1;Ord,07-12;Ord.07-05) Residential Zoning Districts 18.510 Proposed Code Amendment DCA2016-00003 EXHIBIT B Chapter 18.610 TIGARD DOWNTOWN PLAN DISTRICT Sections: 18.610.010 Purpose and Procedures 18.610.015 Pre-Existing Uses and Developments within the Downtown District 18.610.020 Building and Site Development Standards 18.610.025 Connectivity 18.610.030 Building and Site Design Standards 18.610.035 Additional Standards 18.610.040 Special Requirements for Development Bordering Urban Plaza 18.610.045 Exceptions to Standards 18.610.050 Building and Site Design Objectives(To Be Used With Track 3 Approval Process) 18.610.055 Signs 18.610.060 Of Street Parking and Loading Requirements 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. This sub-area is intended to create a "pulse-point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard, the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one-story retail-only buildings, to mixed use buildings up to 45 feet tall with retail on the ground floor and residential and/or office uses above. 2. Main Street - Center Street. This sub-area is centered on the city's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub-area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. 3. Scoffins Street - Commercial Street. This sub-area is intended to provide an opportunity for higher density residential as well as an employment base comprised of civic, office and commercial uses in the areas of Commercial Street and Scoffins. Residential-only buildings, office/commercial buildings,and mixed use developments are all permitted. 4. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. EXHIBIT B Map 18.610.A: Tigard Downtown Plan District Sub-Areas f Tigard Downtown Plan District I 21 Sub-Areas II - -, Urban Renewal D+s;ricl ' s W-Hall - Farrw Burnham Man-Center S A &Wes-Comets of 0 Station Ates OVenay �� H ON 6:6 411111000:0 )104r 4,0 4 d lk Opt D 3 J m J ' J a a Le) Note: for standards for development surrounding the future public plaza see Section 18.610.040_ Special Requirements for Development Bordering Urban Plaza. EXHIBIT B B. Development standards. Development standards apply to all new development in the MU-CBD zone, including developments utilizing the Track 3 approval process. Variances or adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. I. Development standards matrix.See Table 18.610.1 and Map 18.610.A. Table 18.610.1 MU-CBD Development Standards Matrix t.2.3 STANDARD SUB-AREAS Main Street 99W/Hall Corridor Scoffins/Commercial Fanno/Burnham (MS) (994) (SC) (FB) Front setback 0/5 ft. Minimum 0 ft. (5 ft.for frontage on 0 fl. 0 ft. 99W) Maximum 10 ft. 25 ft. 20 ft. 20 ft. Side facing street on corner and through lots Minimum 0 ft. 0 ft. 0 ft. 0 ft. Maximum 10 ft. N/A N/A N/A Side)and Minimum/maximum N/A N/A N/A N/A Rear setback Minimum 0 ft. 5 ft. 5 ft. 5 ft. Maximum N/A N/A N/A N/A Building height Minimum 20 ft. 20 ft. 20 ft. 20 ft. Maximum 80 fl. 45 ft. 80 ft. 80 11.7 Ground floor height minimum 15 ft. 15 ft. None None Site coverage maximum 100% 90% 90% 80% Minimum landscaping` 0%5 10% 10% 20% Minimum building frontage 50% 50% 50% 50% Residential density(units per acre) Minimums 25 25 25 15 Maximum 50 50 506 506 This table does not apply to existing development.Al] new buildings in the district must meet these development standards, including projects using the Track 3 approval process. 2 For standards for development surrounding the future public plaza see Section 18.610.040, Special Requirements for Development Bordering Urban Plaza. 3 See also Section 18.610.045,Exceptions to Standards. In the MU-CBD zone, required landscaping can be provided on roofs or within the right-of-way where the applicant is required to provide landscaping as part of a street improvement in accordance with Section 18.610.025. 5 Landscaping/screening requirements for parking lots must be met. 6 Station area overlay permits a maximum of 80 units per acre(see Map 18.610A). ' 45 feet within 200 feet of Fanno Creek Park boundary (see Map 18.610.A) or within 50 feet of low or medium density residential district. 8 Minimum density applies to residential-only development(not mixed use). EXHIBIT B 2. Parking location. a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shalt not exceed 50%of the total frontage of the site. b. Parking is set back a minimum of 10 feet from the front property line. c. When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. d. Where a parking lot shares a property line with an adjacent parking tot, the landscape requirement along the shared property line is not required. pipe ow" +4O000.omio soiro..*oso.o.o- IDNo.o0.O.oaeoud 0 4 • r Q ° o O 0 a 0 0 o a 0 0 o 0 Parking on the side or rear of buildings e L 1 landscape standard 0 Max.511:46 at sire frontage 0 Landscape not required along shared prop lire Min.10'setback 0 See Ch16.745 for screening and landscaping requirements B.2 Parking Location 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: i. Solar panels,wind generators,and green roof features; ii. Equipment under two feet in height. b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. EXHIBIT B c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. • d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's maximum height calculation. V -.5.:..173C-VVVItidEnika,Paseartisama, ,(7 lamar's nY1►+-. - it 0 5 f�max equipment hesqht 0 EquIprnent set back min 5 fit B.3 Rooftop Features/Equipment Screening III EXHIBIT B s a br Sawn made of primary exterior finish materiel,wood,or mason B.3.d,{1)Rooftop Features/Equipment Screening(architectural screen) jl' r L Ce a \r p ir *Goer roof fertures whh seamen Maga B.3.d.(2)Rooftop Features/Equipment Screening(vegetative screen) 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW, public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry;or EXHIBIT B Excerpt from Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.030 Uses A. Types of uses. For the purposes of this chapter,there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions. 3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapter 18.370. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. 4. A prohibited (N)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in commercial zones is presented in Table 18520.1. C. Accessory structures. I. 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 state building code. 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Chapter 18.798, Wireless Communication Facilities, shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. (Ord. 10-15 §I;Ord.09-13) Commercial Zoning Districts 18.520 Proposed Code Amendments DCA2016-00003 EXHIBIT B TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N11.41 C-0 •141 C-G C-P MU- MUE[Z0[ MUC-1 MUC1281 MUE MUR CBD119,381 1 and 21281 1 and 21281 RESIDENTIAL Household Living _ N R[6] 1011 R P R[211 P1 61 P P P Group Living N N C N P N C R[29I/C R(291/C R[29]TC Transitional Housing N N C N C N C C C C Home Occupation R[2] R[2] R121 R121 R[21 R[2i P -R121 R121 R121 HOUSING TYPES _ Single Units, Attached N/A N/A N/A N/A P N/A N/A R13°1 R[3°1 P - Single Units, Detached N/A N/A N/A N/A N/A F N/A _ N/A 8130] Rt?°1 R['01 Accessory Units N/A N/A N/A N/A N/A N/A N/A R[313 R[3°] R[ °] Duplexes N/A N/A N/A N/A N/A N/A _ N/A R1'°1 R1301 P Multifamily Units N/A N/A N/A N/A P_ N/A N/A P P P Manufactured Units N/A N/A _ N/A N/A P N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A R1361 N/A N/A N N _ N CIVIC(INSTITUTIONAL) Basic Utilities C C1321 C[32] C C C C 01321 0132] C[321 Colleges N N N N P 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/0[33] - 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 Facilities P P P P P P P P p P Religious Institutions C C P P P P _ P P P C Schools N N N N P C C C C C Social/Fraternal Clubs/Lodges C C P p P P P P P C COMMERCIAL Commercial Lodging N N P R11�1 — P P P P P N Custom Arts and Crafts N N 1 N N p[391 N 1 NN N N Eating and Drinking Establishments C P P R[151 P p p - P P R134'351 Commercial Zoning Districts 18.520 Proposed Code Amendments DCA2016-00003 EXHIBIT B USE CATEGORY C-N11.41 C-C15.1°1 C-G C-P MU- MUE[2°1 MUC-1 MUC[2'11 MUE MUR CBD1193R1 1 and 21281 1 and 2[2x1 COMMERCIAL(coned. Major Event Entertainment N N C N C N C C N _ N Outdoor Entertainment N N P RI 51 C N N C N N Indoor Entertainment P P P P P P P P P N Adult Entertainment N N C N N N N C N N Sales-Oriented P p1�1 P R1161 P/R[3�) Rt��1 - R1251 P 81221 R[341351 Personal Services P P P P P R1221 R1251 P R1221 R1341351 Repair-Oriented P P P N P R1221 R1251 R[22] R12�1 N Bulk Sales N N P N R1361 R1221 R1251 R1221 81221 N Outdoor Sales N N P N N N N N N N Animal-Related N N N N N P P N N N Motor Vehicle Sales/Rental N N P/C1131 N R1361 N N R[241 81241 N Motor Vehicle Servicin Re Bair N C181 P/C1121 N C R1221 RI251 N N N Vehicle Fuel Sales C C C N R1361 N C C C N Office P R191 P P P P P P P R[34'351 Self-Service Storage N N C N R1361 N N N N N Non-Accessory Parking C C P P P P P P P N INDUSTRIAL Industrial Services N N N N N N N N N N Light Industrial NN N 81231 N N R[231 N General Industrial N N N N N N N N Hea Industrial N N EllIM N N N N N Railroad Yards N N N N N N N N N Research and Development N N N N C R[241 R124] N 1,0:31 lE Warehouse/Frei•ht Movement N N N N N R1241 N N R123n41 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N N N N N R[23n41 N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities _ N N C N C N N Heli @arts N N C C N N Mining N N N N N N =� Commercial Zoning Districts 18.520 Proposed Code Amendments DCA2016-00003 EXHIBIT B USE CATEGORY C-N11•41 C-C18'I°1 C-G C-P MU- MUE128I ' MUC-1 MUC1281 MUE MUR CBDV9.381 1 and 21281 1 and 21281 OTHER(cont'd.) Wireless Communication Facilities P/R131 P/R[31 P/R[31 P/RI31 P/8[31 - P/R[31 P/R[n] ^Transportation/Utility Corridors P _ P P P P P P P P P P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted Commercial Zoning Districts 18.520 Proposed Code Amendments DC.A2016-00003 [1] All permitted and conditional uses subject to special development standards contained in 18 520.050.A. [2] Permitted subject to requirements Chapter 18.742. [3] See Chapter 18.798 Wireless Communication Facilities,requirements for permitted and restricted facilities. [4] Uses operating before 7 a.m.and/or after 10 p.m.are conditional uses. [5] All permitted,limited and conditional uses must meet special development standards in 18.520.050.9. [6] Residential units permitted by right,as a mixed use in conjunction with a commercial development,on or above the second floor of the structure,at densities not to exceed 12 units/net acre. [7] Limited to 10,000 gross square feet in size,except retail food and beverage outlets,which are limited to 40,000 gross square feet or less [8] Limited to motor vehicle cleaning only. [9] When combined in single structure,each separate establishment shall not exceed 5,000 gross square feet. [10] Uses operating before 6 a.m.and/or after II p.m.,or drive-up windows are conditional uses. [11] A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use.Multifamily housing is permitted as part of a PD,subject to Chapter 18.350, unless located within the Tigard Triangle Plan District,where it is permitted outright. 1 121 Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. [13] (Deleted by Ord.09-13) [14] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. [15] As accessory to offices or other permitted uses,the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20%of the entire square footage within the development complex. [16] May not exceed 10%of the total square footage within an office complex. 1171 Single-family attached and multi-family residential units,developed at R-40 standards,except the area bounded by Fanno Creek, Hall Boulevard,O'Mara,Ash Avenue and Hill Street,within which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. 118] Motor vehicle cleaning only. [19] Drive-up windows are permitted to continue if the property had one lawfully in existence prior to the adoption of the MU-CBD designation. Otherwise,not permitted. [20] All permitted and conditional uses subject to special development standards contained in 18.520.050.0. [21] Multifamily residential,at 25 units/gross acre,allowed outright.Pre-existing detached and attached single-family dwellings are permitted outright. [22] New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. [23] All activities associated with this use,except employee and customer parking,shall be contained within buildings [24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use,and does not exceed the floor area of the permitted use. 1251 Permitted provided the use is no larger then 60,000 square feet of gross floor area per building or business. [261 Household living limited to single units, attached, and multifamily including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. [27] Wireless only as attached to structure within height limit,see Chapter 18.798. 128] All Permitted and Conditional Uses subject to special development standards contained in Chapter 18.630. [29] Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. 130] Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630. [311 Permitted for pre-existing housing units,subject to requirements Chapter 18.710. [32] Except water,storm,sanitary sewers,and other underground infrastructure facilities,which are allowed by right. [33] In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. [341 This use is allowed only in mixed-use developments in the Washington Square Regional Center.Commercial uses shall occupy no more than 50%of the total floor area within the mixed-use development,and shall be permitted only when minimum residential densities are met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3/2812002).The exempted properties are identified as assessor map number: IS135AA-00400, ISI35AA-01400, I5I35AA-01900, ISIAA-01901,ISI35DA-02000, ISI35AA- 02500, ISI35AA-02600,ISI35AA-02700,ISI35DA-01900,and ISIDA-02000.These parcels,or parcels created from these parcels,after the effective date of this ordinance,may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR-2 zones, [35] The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1 S 135AA-00400, IS 135AA-01400, IS 135AA-01900, I S I AA-01901, IS I35DA-02000, IS]35AA-02500, 15135AA-02600, 15135AA-02700, 1S135DA-01900,and ISIDA-02000. On these parcels,or parcels created from these parcels,after the effective date of this ordinance,a commercial development is not limited to a specific square footage,however,all other dimensional standards of the MUR- I and MUR-2 zoning district apply which may limit the ultimate size of commercial development. [36] Only for properties that were lawfully in existence(as permitted,conditional, or planned development)prior to the adoption of the MU- CBD designation 137] New retail and sales uses may not exceed 60,000 square feet of gross leasable area per building in all subareas except 99W/Hall Corridor subarea.(See Map 18.610 A) [38] All developments subject to Chapter 18.610,Downtown Urban Renewal Standards,and Map 18.610.A. [39] Custom Arts and Crafts uses may not exceed 500 square feet of production area (Ord. 15-05 §2; Ord. 10-15 §1; Ord. 10-02 §2; Ord. 09-13; Ord. 02-32 Commercial Zoning Districts 18.520 Proposed Code Amendments DCA2016-00003 EXHIBIT B Excerpt from Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT .4iner)( e d, Sections: S ,e 8 - / 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts,multifamily dwelling units are permitted in the C-G zone through a Planned Development review, Minimum and maximum density requirements do not apply to these developments. The floor area limit on multi-family development provided for in 18.350.040.C.2. shall not apply. Tigard Triangle Plan District 18.620 Proposed Code Amendment DCA2016-00003 EXHIBIT B-1 Excerpt from Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose and Applicability 18.620.015 Where These Regulations Apply 18.620.018 Additional Allowed Use 18.620.020 Street Connectivity 18.620.030 Site Design Standards 18.620.040 Building Design Standards 18.620.050 Signs 18.620.060 Entry Portals 18.620.070 Landscaping and Screening 18.620.080 Street and Accessway Standards 18.620.090 Design Evaluation 18.620.018 Additional Allowed Use In addition to the uses permitted by Chapter 18.520 Commercial Zoning Districts,multifamily dwelling units are permitted in the C-G zone through a Planned Development review. Minimum and maximum density requirements do not apply to these developments. The floor area limit on multi-family development provided for in 18.350.040.0.2. shall not apply. Tigard Triangle Plan District 18.620 Proposed Code Amendment DCA2016-00003 MAILING / NOTIFICATION RECORDS U.S. Postal Service' m CERTIFIED MAIL® RECEIPT 0-- Domestic Mail Only m 0' For delivery information,visit our website at wwwliSps-COm . m c0 r- Certified Mail Fee 03 $ Extra Services&Fees(check box,add lee as appropnake) raq 0 Return!Wept ihatricopy) S C3 0 Retire Receipt!electronic) $ PG' D 0 Caddied Mail Restricted Delivery $ - ' tbST C3 0 Adult Signature Required S INA I c=1 , Oredutt Signature Restricted Delivery$ /V ,-.1 ,Postage D $ m Total Postage and Fees Ln $ 77g r-R Sent To€1'1 s c‘ kj .1, IA Olirt CI 1...- slebrecior o per Cily,stamcf...r‘i d tr7 t3 r1-1 , PS Form 3800,April2015 PSNI630-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: •A receipt{this portion of the Certified Maii labeq. for an electronic return receipt,see a retail •A unique identifier for your mailpiece. associate tar assistance.To receive a duplicate •Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPSO-postmarked Certified Mail receipt to the •A record of delivery(including the recipient's retain associate. signature)that is retained by the Postal Service` -Restricted delivery service,which provides tar a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. important Reminders: -Adult signature service,which requires the •tee may purchase Certified Mail service with stgnee to be at least 21 years of age(not First-Class Mai;°,First-Class Package Service'. available at retail). or Priority Mail service. -Adult signature restricted delivery service,which •Certified Mail service is eat available for requires the signee to tie at least 21 years of age International marl. and provides delivery to the addressee specified •Insurance coverage Is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.Fawever,the purchase (not available at reeill. of Certified Mail service dee,Jiet change the •To ensure that your Certified Mail receipt is Insurance coverage aatometrccaally included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. LISPS postmark.If you would like a postmark on •For an additional fee,and with a proper this Certified Mall receipt,please present your endorsement on the mailpiece,you may request Certified Mail rem at a Post Office"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach tile barcoded porton of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.Fora hardcopy return receipt. complete PS Form 3811,Domestic Return Receipt:attach PS Form 3811 to your mailpiece: IMPORTANT:Save this receipt for your retorts. PS Form 3800,April 2015(Reverse)PSN 7530-02-000-9047 ill n DC.5 U.S. Postal Service'"" , CERTIFIED MAIL® RECEIPT IM Domestic Mail Only 0— For delivery information,visit our website at www.us,ps.com°'. frl >s - r_ Certified Mail Fee <I $ Extra Services&Fees knack boa,add Pee as appropriate) r 0 Return Receipt(hardcop)) $ ® ❑Return Receipt(electronic) $ Postmark M 0 Certified Mali Restricted Deulvery $ :/ Here C 0 Aden Signature Required $ _ • ,i O\U Q 0 Men Signature Resrictee Peavey$ y-i ,a Postage VW fl $ m Total Postage and Fees LI $ 7 7t' //��,, II ply Q m S:".16'lb h 1 61ICYre jo Mill Rev; J o D�a T ��?� �° N -$treQf ndl�st !,fyc.t w o p, 1101,P ,. irLState,27P-1-4 PILft rT ��'l r, -f PS Form 3800,April 2015 PSN 753002-1:0OeOel See Reverse for Instructions U.S. Postal Service' CERTIFIED MAIL® RECEIPT r-a Domestic Mail Only 0— For delivery information,visit our website at www.usps.come. of] Certified Mail Fee 120 's Extra Services&Fees?check Dos,add P. sapproprrato 1-1 Return Receipt thardcopyt $ _ El Return Receipt tetectronict S Postmark EiCertifiee Mail Restricted Dettvery S Here El ['Adult Signature Required D Adult Signature Restricted Delivery$ ViC) Postage $ m Total Postage andyg7., SUCt j AitiN rigui tioiLeAd. N Streek15, taystit.o je 50 Cry,State,ZiP+4 OR. q -4-',34„ PS Form MOO,April 2015 PSN 7530-112-00491:147 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A •g /re II Print your name and address on the reverse x ,l N' 4 4Agent so that we can return the card to you. [�Addressee • Attach this card to the back of the mailpiece, 8wile). Received by(Printed wile) C. D, .`ff Delivery or on the front if space permits. h1JLx L.c)! '7'7< _/7 r/ 1. Article Addressed to: D. Is delivery address different from item 1�t Yes If YES,enter delivery address below: Q No Brian Harper Metro-Land Use and Planning 600 NE Grand Ave Portland,OR 97232-2736 1111/111 ISI � I 3. Service Type Li Priority Mail ExpressiS CerlelRestricted Delivery Registered MaRestricted 10 Adult Signature 0 tedIISI I1 I IIII I (I I I!II Dr Certified Mals 9590 9402 1205 5246 4633 10 0 Certified Mail Restricted Delivery El Return Receipt for 0 Collect on Delivery Merchandise .,.....N,..rr rIcs.fret,,,confir*lahcill 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation," ❑Insured Mail ®Signature Confirmation 7015 3�]Z D 0001 $7B3 8891 o Insured Mail Restricted Delivery Restricted Delivery (over$5001 PS Form 3811,July 2015 PSN 7530-92-000-9053 Domestic Return Receipt e _ , MI1 USPS TRAOR 1 LAN LI' First-Class Mail 11111 10111111!lit USPS Posta11 II e&Fees Paid Ii Permit No.G-10 9590 940 1205 5246 4633 10 United States •Sender:Please print your name,address,and ZIP+4g in this box' Postal Service City of Tigard Community Development ATTN:Agnes Kowacz 13125 SW Hall Blvd. Tigard, OR 97224 y223--81679 , l,a+Ilri�l��11 1 ,{,a,ljl�ll�l�l�,+r���lll�►]fP+l�Jil�l�lf�,tt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Sisnature • Print your name and address on the reverse X 4 V 0 Agent so that we can return the card to you. 0 Addressee_ ■ Attach this card to the back of the mailpiece, B. Received by(Printed N• C. Date of Delivery or on the front if space permits. {cne3Q/1,0 „ 7 item 1? — Q-(a 1. Article Addressed to: D. Is delivery address different fro ❑Yes If YES,enter delivery address below: D No ODOT Region I Development Review Program 123 NW Flanders St Portland,OR 97209 I S. Service Type 0 Priority Mat Express® 1111 ISI II I 11111111 I II II lel II l �II IIIertified Mail® D 0 Ault Signature Restricted Delivery 0 Registered Mail Restricted 0 C 9590 9402 1205 5246 4628 94 ®Certified Mail Restricted Delivery ❑Return Receipt for O Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ®Signature Confirmation'" 7015 3DLD DDD 1 8783 8 77 o Insured Mail Restricted Delivery ❑Res ctDelivery fi Confirmation ded lv (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail 11111111111p11(41 11P s,1 II 0ae& Fees Paid ' ,'g # Permit No.G-10 NIL 9590 9402 12055246 4628 94 United States •Sender: Please print your name,address,and ZIP+4®in this box• Postal Service City of Tigard Community Development ATTN: Agnes Kowacz 13125 SW Hall Blvd. Tigard, OR 97224 �a^3 9 99 ldl�lafa�I��Ft :�i�lit ���lF� �diFrl��lFlil�lll�li �lllrirt�r --�. 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Article Number(Transfer from service labd!i 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM" ❑Insured Mall C Signature Confirmation 7 015 3 010 0001 8783 8884 ❑Insured Mail Restricted Delivery Restricted Delivery lover$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKI'4G# At l First-Class Mail Postage&Fees Paid 11111 111 11111111111 11, 1 USPS Permit No. G-10 9590 9402 1205 5246 4628 87 United States ' Sender: Please print your name, address,and Z1P+4 in this box• Postal Service City of Tigard Community Development ATTN: Agnes Kowacz 13125 SW Hall Blvd. Tigard, OR 97224 Eollelellii'III�IIIIIF}Is, ,i�lfllilll�IFPIIiI�II!!' !(tl�lll `!` - D c 2i - 3 E • City of Tigard U.S.',: 'F!. s POSTAGE>>PITNEY BOWES 1,14 1_}1 �t` Hall Blvd. . .. • 4 �F , ZIP 97223 $ 000.465 TIGARD I'ig;ard, Oregon 97223 • 0000336894 SEP 28 2016 CD/AK RETURN TO SENDER i t P. TLIRN TO SENDER UhiDELIVERABLE AS ADDRESSED IL: 97223816799 4`2929-X6411.-1S -, 1 trig, li`(' ll�l.jll�ei,�lS���,Iil,01�11�11�1ld1+'6'�ll;hUtlq NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SET.T ER: Ti 11:,TIGARD DEVELOPMENT CODE REQUIRI?ti'17 TAT IF YOU REX-JIVE THIS NOTICE, ,I IT SHALL BE PROMPTLY FORWARDED TO TI II:PURCHASER. `I 1 CARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL I3E HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY. OCTOBER 17. 2016. AT 7:00 PM and TIGARD CITY COUNCIL ON NOVEMBER L 2016 AT 7:30PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE TITLE: 2016 OMNIBUS DEVELOPMENT CODE AMENDMENT PACKAGE FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2016-00003 APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The proposed legislative amendments to the Tigard Development Code ([DC) would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding as a personal service use,when completely enclosed in a building;and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub-Area;and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment(MUE) zones in the Tigard Triangle Plan District LOCATION: Citywide ZONES: All Zones APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning),9 (Economic Development) and Goal 10 (Housing);Metro's Urban Growth Management Functional Plan Title 7, and Title 8;Comprehensive Plan Goals 1.1.2,2.1.2, 2.1.3,2.1.6,2.1.11,2.1.21,2.1.23, 9.1.3,9.1.12, 9.3.1, 10.1.1 and 10.1.5;and Tigard Development Code Chapters 18.380 and 18.390 The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.390.060.e of the Community Development Code and rules of procedure adopted by the Tigard Planning Commission and City Council and available at City Hall. Assistive listening devices are available for persons with impaired hearing. The city will also endeavor to arrange for qualified sign language interpreters and qualified bilingual interpreters upon request.Please call 503-639-4171, ext. 2438 (voice) or 503-684-2772 (1DD—telecommunications devices for the deaf) no less than one week prior to the hearing to make arrangements. Public oral or written testimony is invited. Anyone wishing to present written testimony on this proposed action may do so in writing prior to or at the public hearing. Oral testimony may be presented at the public hearing. At the public hearing, the Planning Commission will receive a staff report presentation from the city planner,open the public hearing,and invite both oral and written testimony. The Planning Commission may continue the public hearing to another meeting to obtain additional information or close the public hearing and take action on the application.The purpose of the Planning Commission's review is to make a recommendation to the City Council. The council will then hold a public hearing on the item at a later date. All documents and applicable criteria in the above-noted file are available for inspection at no cost,or copies can be obtained for twenty-five cents (25¢) per page,or the current rate charged for copies at the time of the request. At least seven (7) days prior to the hearing,a copy of the staff report will be available for inspection at no cost,or a copy can be obtained for twenty-five cents (25¢) per page,or the current rate charged for copies at the time of the request. For further information please contact the project manager Agnes Kowacz at 503-718-2429 (Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 97223) or by email to agnesk@tigard-or.gov. 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TL SJ - 1\V 1 nfY V4,.%.tri. 5+•I'. r 9 a 2 2017 -Ill is ti ArYi aC: 97281.6799 '. 6229-68Ed1.- 28-42 • Sfu #P 9r4SiA USPS TRACKING# First-Class Mail Postage&Fees Pard 111 1111111111 11 USPS Permit No.G-10 9590 9402 1205 5246 4628 49 United States •Sender.Please print your name,address,and Z1P+4°in this box Postal Service City of Tigard Comnu,:it1 Development A'r11',24's.,Agnes Kowacz 13125 Sl ' Hall Blvd. Tigard, ©P 97224 i HIIIIIilll'rl,,i,1111IiiN1liiIi"F1111ii1i111iiiii1„i11111 SENDER: COMPLETE THIS SECTION COMPLETE THI'SECTION ON DELIVER, • Complete items 1,2,and 3. A. Signature/ dir ■ Print your name and address on the reverse X i 1 - • A>j so that we can return the card to you. ddressee ■ Attach this card to the back of the mailpiece, B. Received by{Printed e C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES,enter delivery address below: 0 No ODOT Region 1 Development Review Program 123 NW Flanders St Portland,OR 97209 t I I I I 3. Service Type 0 Priority Mail Express® III I I III II I III I I I II III 111 IIIII II III III 0 Adult 0 AAddulfied Signature ail®Restricted Delivery 0 Delivery re 0 Registered �Mail Restricted 9590 9402 1205 5246 4628 49 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise -^�r,.�c o,r7rancfsnr from service fat f) ❑Collect on Delivery Restricted Delivery 0 Signature ConfinnationTM 7015 3010 0001 8783 9409 0Insuredmall �.Rdstrctegnature DelivConfrrery❑Insured!vial'Restricted Delivery Restricted Delivery (aver$5001 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS7R4C.CKN_ _ First-Class Mail 1 k " Postage&Fees Paid I l 1 ��� USPS II 11111111 .1111 Permit No.G-10 9590 9402 1205 5246 4628 63 United States •Sender:Please print your name,address,and ZlP+4®in this box Postal Service City of Tigard Community Development ATTN: Agnes Kowacz 13125 SW Hall Blvd, Tigard,OR 97224 SENDER: COMPLETE THIS SECTION cOmPLE r€THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. S' net 0 • Print your name and address on the reverse ' X • <4 Agent so that we can return the card to you. Addressee • Attach this card to the back of the mailpiece, B. eceived by(Printed ) C. Dft e o Delivery or on the front if space permits. i1)/L-til ?T', li/j• 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: IID No Brian Harper Metro-Land Use and Planning 600 NE Grand Ave Portland,OR 97232-2736 ������� III ����'�� ��� ������'� ������ 3. ServicAdult Signature ❑ReuseredMl Express® ❑Adult Signature ❑Registered Mailr'" 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 1205 5246 4628 63 10 Certified Main Reliery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merdhandise 2. Article Numhgr!rrancfar fr.,,,,...nein.M.,h..n 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation r. 7015 3010 0001 87839 3 9 3 ❑Insured Mail 0 Signature Confirmation O Insured Mall Restricted Delivery Restricted Delivery ..—ii1 lover$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# ': 4 ,. First-Class Mail -y Postage&Fees Paid , 11111 III , 11111 USPS r ,I Permit No.G-14 9590 9L102 11-0T 1216 4628 56 United States • Sender: Please print your name,address,and ZIP+41 in this box• Postal Service City of Tigard Community Development ATfN: Agnes Kowacz 13125 SW Hall Blvd. Tigard, OR 97224 iiliiiiiiiiilliliFliiliiilFiii FllilllFlil9 FliiiI.,1 FliFIFllii. fii r .,_ "-. • ---.y SENDER: COMPLETE THIS SECTION COMPLETE THIS St'C TJON ON DELIVERY • Complete Items 1,2,and 3. A S'" • Print your name and address on the reverse / 1 �pipt- iir ' Agent so that we can return the card to you. ❑Aressee • Attach this card to the back of the mailpiece, 9Thceiveldcal (PrimNom) Date Dedvety or on the front if space permits. � 1. Article Addressed to: D. Is delivery address differs item 11 Il Yes --- If YES,enter delivery add below: LI No Attn:Plan Amendment Specialist Dept.of Land Conservation and Development 635 Capital Street NE,Suite 150 Salem,OR 97301-2540 , 3. Service Type ❑Priority Mail Express® 111 11111 ISI 111111 II` I I I III 11111 III I Li Adutt Signature o ipcAdult Restricted Daw®ry Restricted Certified Signature Registered 9590 9402 1205 5246 4628 56 o Certified Mail Restricted Delivery ci Return Receipt for ❑Collect on Delivery Merchandise 7 Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery El Signature ConfirmationY' ❑Insured Mail U Signature Confirmation 7 015 3010 0001 8783 9 416 o/flawed Mail Restricted Delivery Restricted Delivery (over$,500} PS Fbrm 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ AFFIDAVIT OF MAILING • TIGARD I, Agnes Kowacz, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following ;Check Appropnate late Box(s)&Iow,1 lam1 NOTICE OF Final Order by the City Council FOR: 2016 Omnibus Code Amendment Package, DCA2016-00003. ❑ AMENDED NOTICE— ❑ City of Tigard Community Development Director/ Designee ❑ Tigard Hearings Officer ❑ Tigard Planning Commission Tigard City Council A copy of the said notice being hereto attached,marked Exhibit "A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, November 8,2016 and deposited in the United States Mail on November 8,2016 , postage prepaid. -/- 71/1,11 -) c6 Agnes Kowacz STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 1-7 day of P '✓ 7�-oaf , 2016. ~moi: OFFICIAL STA P,lP r ' - 642-4--) BETSY GALICIA + NOTARY PUBLIC-OREGON COMMISSION NO.925741 NOTARY PUBLI OF OREGON MY COMMISSION EXPIRES MARCH 09,2018 ,+� // My Commission Expires: / 120 DAYS=N/A EXHIBIT A ,„, DATE MAILED: 11/8/2016 : CITY OF TIGARD TIGARD 44 ashington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Numbers: Development Code Amendment (DCA) 2016-00003 t';ise Name: 2016 Omnibus Code Amendment Package. Applicant's Name/Address: City of Tigard, 13125 SW Hall Blvd,Tigard,OR 97223 Owner's Names/Addresses: N/A Address of Properh: Citywide [a\ MAI) 1.(,E Ar,s.: Citywide A Final Order approving a development code amendment adopting text amendments to the Tigard Municipal Code Title 18 (Community Development Code) amending Chapter 18.130 Use Categories and Chapter 18.510 Residential Zoning Districts to include animal boarding, when completely enclosed in a building, under the personal services use category and prohibit the use in residential zones; Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet in the Main-Center sub-area; and Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units through a Planned Development review within the General Commercial (C-G) zone in the Tigard Triangle Plan District with no minimum or maximum density. The City of Tigard Planning Commission and City Council reviewed all applicable plans,maps, findings, materials, public comments, and recommendations for the amendments described in further detail in the staff report. "The Planning Commission held a public hearing to receive testimony on October 17, 2016 for the purpose of making a recommendation to the City Council on the amendments. The City Council held a public hearing to receive testimony on November 1. 2016 prior to making a decision on the amendments. This decision was based on the facts, findings,and conclusions contained within this Final Order. Subject: A Community Development Code text amendment to allow animal boarding as a personal service, increase heights in downtown and allow multi-family development in the General Commercial zone within the Tigard Triangle.. At the November 1, 2016 Tigard City Council public hearing, Council unanimously approved the omnibus code amendment package (DCA2016-00003). APPLICABLF REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 9 (Economic Development) and 10 (Housing); Metro's Urban Growth Management Functional Plan,Title 6,Tide 7, and Title 8;Comprehensive Plan Goals 1.1.2,2.1.2, 2.1.3, 2.1.6, 2.1.21, 2.1.23,9.1.3,9.1.12,9.3.1, 10.1.1 10.1.5, 15.1, 15.2.1, 15.2.2, 15.2.6,and 15.2.7;and Tigard Development Code Chapters 18.380 and 18.390. Action: C.1 Approval as Requested ❑ Approval with Conditions D Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: 1/ Affected Government Agencies Interested Parties Final Decision: This is the final decision by the city and is effective on DECEMBER 2, 2016. The adopted findings of fact and decision can be obtained from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: Call the City of Tigard Planning Division at (503) 718-2421 or the City Recorder at(503) 718-2419. • EXHIBIT B Richard Shavey Rachel Duke Sheila Greenlaw-Fink 11371 SW Sycamore P1. PO Box 23206 Community Housing Fund Tigard, OR 97223 Tigard, OR 97281-3206 3700 SW Murray Blvd, #190 Beaverton, OR 97005 Bateman Seidel Bill Kabeiseman 888 SW 5`'Avenue, Suite 1250 Portland, OR 97204 R AFFIDAVIT OF MAILING TIGARD I, Agnes Kowacz, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following i (:heck Appropriate Box(s)Below) ® NOTICE OF Public Hearing FOR: 2016 Omnibus Development Code Amendment Package (DCA) 2016-00003 ❑ AMENDED NOTICE— ❑ City of Tigard Community Development Director/ Designee ❑ Tigard Hearings Officer /1 Tigard Planning Commission October 17, 2016 . ® Tigard City Council November 1, 2016 . A copy of the said notice being hereto attached,marked Exhibit "A",and by reference made a part hereof,was mailed to each I named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, . j September 28,2016 and deposited in the United States Mail on September 28.2016,postage prepaid. 4/MI0 6 - 1 Agnes Kowacz STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the -/ day of 0;O b?-e A _ ,2016. l L, .H2,...:- 7::: :r}N k^1- moi'-;.__.'�.,:�,2018 49 NOTARY PUBLICS OREGON 'I My Commission Expires: 3/ci// 15 EXHIBIT A NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SO J FR: THE TIGARD DEVELOPMENT CODE REQUIRES"11 IAT Ili YOU RECEI\'I F:THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. 's TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HET D BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, OCTOBER 17, 2016, AT 7:00 PM and TIGARD CITY COUNCIL ON NOVEMBER 1,2016 AT 7:30PM. THE PUBLIC HEARING WILT BE CONDUC 1 :D IN TI IL TOWN I TALL OF T111.: TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD,. OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THI PUBLIC. FILE TITLE: 2016 OMNIBUS DEVELOPMENT CODE AMENDMENT PACKAGE FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2016-00003 APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 REQUEST: The proposed legislative amendments to the Tigard Development Code (FD€ would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding as a personal service use,when completely enclosed in a building; and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub-Area; and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment (MUE) zones in the Tigard Triangle Plan District LOCATION: Citywide ZONES: All Zones APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning),9 (Economic Development) and Goal 10 (Housing); Metro's Urban Growth Management Functional Plan Title 7,and Title 8;Comprehensive Plan Goals 1.1.2,2.1.2,2.1.3,2.1.6,2.1.11,2.1.21, 2.1.23, 9.1.3,9.1.12,9.3.1, 10.1.1 and 10.1.5;and Tigard Development Code Chapters 18.380 and 18.390 The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.390.060.e of the Community Development Code and rules of procedure adopted by the Tigard Planning Commission and City Council and available at City Hall. Assistive listening devices are available for persons with impaired hearing.The city will also endeavor to arrange for qualified sign language interpreters and qualified bilingual interpreters upon request. Please call 503-639-4171, ext. 2438 (voice) or 503-684-2772 (11DD—telecommunications devices for the deaf) no less than one week prior to the hearing to make arrangements. Public oral or written testimony is invited. Anyone wishing to present written testimony on this proposed action may do so in writing prior to or at the public hearing. Oral testimony may be presented at the public hearing. At the public hearing, the Planning Commission will receive a staff report presentation from the city planner, open the public hearing,and invite both oral and written testimony.The Planning Commission may continue the public hearing to another meeting to obtain additional information or close the public hearing and take action on the application. The purpose of the Planning Commission's review is to make a recommendation to the City Council. The council will then hold a public hearing on the item at a later date. All documents and applicable criteria in the above-noted file are available for inspection at no cost, or copies can be obtained for twenty-five cents (25c) per page, or the current rate charged for copies at the time of the request. At least seven (7) days prior to the hearing, a copy of the staff report will be available for inspection at no cost,or a copy can be obtained for twenty-five cents (25c) per page,or the current rate charged for copies at the time of the request. For further information please contact the project manager Agnes Kowacz at 503-718-2429 (Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 97223) or by email to agnesk@tigard-or.gov. it EXHIBIT B 12175MAIN LLC 12562 MAINSTLLC 23900 SW MOUNTAIN CREEK RD BY GEORGE DIAMOND SHERWOOD,OR 97140 2839 SW 2ND AVE PORTLAND,OR 97201 12740 SW PACIFIC SP LLC 3 MONKEY PROPERTIES LLC BY THE WILLIAM WARREN GROUP INC. BY THANIK,SUNIL MGR 201 WILSHIRE BLVD STE 102 12025 SW 70TH AVE SANTA'MONICA,OC 90401 TIGARD,OR 97223 4 BOYZ LLC 72ND CORPORA FE CENTER LLC 8561 SW SORRENTO RD 4949 SW MEADOWS RD STE 330 BEAVERTON,OR 97008 LAKE OSWEGO,OR 97035 72ND VENTURE LLC 7-FI.FVEN INC BY C DIGMAN&S WILSON BY TEXLAND PROPERTIES CORP 7400 SW CHERRY DR TAX DEPT#16394 PORTLAND,OR 97223 PO BOX 711 DALLAS,TX 75221 8775 SW COMMERCIAL LLC 9037 BURNHAM LLC BY BOOKOUT,JOHN R/FANNY P 9037 BURNHAM ST 10459 NW LOST PARK DR TIGARD,OR 97223 PORTLAND,OR 97229 9250 TIGARD LLC 9785 SW SHADY LANE LLC BY JEROLD W HILARY 721 SW OAK ST 9250 SW TIGARD ST PORTLAND,OR 97205 TIGARD,OR 97223 ACE OF SWORDS LLC ADAM,FAZILAH BY BURGERVII.I.F LLC CIMENT,GARY 109 ASG'17TH ST 12571 SW MLAIN ST VANCOUVER,WA 98660 TIGARD,OR 97223 ADRANGI,FARID AFTER FIVE,LLC 4289 ORCII ARD WAY 10330 SW TUALATIN RD LAKE OSWEGO,OR 97035 TUALATIN,OR 97062 AILEEN AVENUE LLC AISLING CREATION LLC 11710 SW WARNER AVE UNIT 3 PO BOX 1120 TIGARD,OR 97223 BEAVERTON,OR 97075 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Metro-Land Use and Planning 123 NW Flanders St 600 NE Grand Ave Portland,OR 97209 Portland,OR 97232-2736 re) OR Dept of Environmental Quality(DEQ) OR Dept of Fish&Wildlife Regional Administrator Elizabeth Ruther,Habitat Biologist 700 NE Multnomah St#600 North Willamette Watershed District Portland,OR 97232 18330 NW Sauvie Island Road Portland,OR 97231 OR Dept of Geo.&Mineral Ind. OR Dept of Land Conservation&Dev. 800 NE Oregon Street,Suite 965 Mara Ulloa Portland,OR 97232 635 Capitol Street NE,Suite 150 Salem,OR 97301-2540 WA Co.Dept of Land Use&Trans Clean Water Services Development Svcs Dept Naomi Vogel-Beanie David Schweitzer/SWM Program 1400 SW Walnut St MS 51 2550 SWHillsboro Hwy Hillsboro,OR 97123-5625 Hillsboro,OR 97123 Tualatin Valley Fire&Rescue Tri-Met Transit Development John Wolff,DeputyFire Marshall Ben Baldwin 11945 SW 70th Ave Project Planner Tigard,OR 97223-9196 1800 SW 1st Ave#300 Portland,OR 97201 ift I i • , COMMUNITY NEWSPAPER5 6605 SE Lake Road, Portland, OR 97222 PO Box 22109 Portland OR 97269-2109 ,i Phone: 503-684-0360 Fax: 503-620-3433 71 . . . E-mail: legals@commnewspapers.com TIGARD AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS PUBLIC HEARING ITEM: 0 1, Charlotte Allsop, being the first duly sworn, The following will be consideredby the i Bard Plannin, depose and say that I am the Accounting Commission at a Public Hearing on Monday October 17, Manager of The Times (serving Tigard, 2016 at 7:00 PM and by the Tigard City Council at a Public Tualatin & Sherwood), a newspaper of Hearing on Tuesday. November 1, 2016 at 7:30 PM at the general circulation, published at Tigard, in the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, aforesaid county and state, as defined by Oregon. ORS 193.010 and 193.020, that Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules City of Tigard of procedure set forth in Section 18.390.060.E. The Planning Notice of Public Hearing-20'16 Omnibus Commission's review is for the purpose of making a recom- Code Amendment/DCA2016-00003 mendation to the City Council on the request. The Council TT12207 will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard A copy of which is hereto annexed, was Planning Division (Staff contact: Agnes Kowacz) at 13125 published in the entire issue of said SW Hall Blvd., Tigard, Oregon 97223, by calling 503-718- newspaper for 2429 or by e-mail to Agnesk(altigard-or.gov, 1 1 DEVELOPMENT CODE AMENDMENT(DCA)2016- week in the following issue: 00003 September 22, 2016 -2016 OMNIBUS CODE AMENDMENT PACKAGE- REQUEST: The City of Tigard proposes legislative amend- Cments to the Tigard Development Code (TDC). The proposed tL legislative amendments would do the following: (1) amend Charlotte Allsop (Accounting Manager) Chapter 18.130 Use Categories to include animal boarding as a personal service use, when completely enclosed in a building; and(2)amend Chapter 18.610 Tigard Downtown Plan District Subscribed and sworn to before me this to increase the height from 45 feet to 80 feet within the Main September 22, 2016. Street Sub-Area;and(3)amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts "' to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment (MUE) NOTAR93u-1.7,, BLIC FOR OREGON zones in the Tigard Triangle Plan District. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2(Land Use Planning), Acct#10093001 `` �"` � -�"'`��--�-'�``.'`-���-'���'` 9 (Economic Development) and Goal 10 (Housing); Metro's Attn: Joe Patton ��+., OFFICIAL STAMP ? Urban Growth Management Functional Plan Title 1, and Title •.c+t-' JERRIN L.SIPE ) 8; Comprehensive Plan Goals 1.1.2,2.1.2, 2.1.3,2.1.6,2.1.11, City of Tigard () - NOTARY PUBLIC-OREGON (J 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.I, and 10.1.5; and 13125 SW Hall Blvd f) �'",0 COMMISSION NO.941161 { (1 MY COMMISSION EXPIRES JULY 28,2019 Tigard Development Code Chapters 18.380 and 18.390 Tigard, OR 97223 Publish 09/22/2016. TT12207 Size: 2 x 7" Amount Due: $116.90* 'Please remit to address above ____i • , COMMUNITY NEWSPAPERS 6605 SE Lake Road, Portland, OR 97222 PO Box 22109 Portland OR 97269-2109 Phone: 503-684-0360 Fax: 503-620-3433 E-mail: Iegals@commnewspapers.com ■ ■ AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS TIGARD I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting Manager of The Times (serving Tigard, PUBLIC HEARING ITEM: Tualatin & Sherwood). a newspaper of The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday October 17, general circulation, published at Tigard, in the 2016 at 7:00 PM and by the Tigard City Council at a Public aforesaid county and state, as defined by Hearing on Tuesday. November 1. 2016 at 7:30 PM at the ORS 193.010 and 193.020, that Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon. City of Tigard Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure Notice of Public Hearing —2016 Omnibus adopted by the Council and available at City Hall or the rules Code Amendrrment/DCA2016-00003 of procedure set forth in Section 18.390.060.E. The Planning TT12207 Commission's review is for the purpose of making a recom- mendation to the City Council on the request. The Council A copy of which is hereto annexed, was will then hold a public hearing on the request prior to making published in the entire issue of said a decision. for Further information may be obtained from the City of Tigard newspaper Planning Division (Staff contact: Agnes Kowacz) at 13125 1 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-718- week in the following issue: 2429 or by e-mail to Agnesk(citigard-or.gov. September 22, 2016 DEVELOPMENT CODE AMENDMENT(DCA)2016- 00003 C ti v CL„ ,C¢ 13 -2016 OMNIBUS CODE AMENDMENT PACKAGE- REQUEST: The City of Tigard proposes legislative amend- Charlotte Allsop (Accounting Manager) ments to the Tigard Development Code (TDC). The proposed legislative amendments would do the following: (1) amend Subscribed and sworn to before me this Chapter 18.130 Use Categories to include animal boarding as a September 22, 2016. personal service use,when completely enclosed in a building; and(2)amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub-Area;and(3)amend Chapter 18.620 Tigard Triangle NOTARY ELIC FOR OREGON Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C-G) and the Mixed Use Employment (MUE) zones in the Tigard Triangle Plan District. LOCATION: Acct#10093001 "`-- •- Citywide. APPLICABLE REVIEW CRITERIA: Statewide +. OFFICIAL STAMP Attn: Joe Patton ) f Planning Goals 1 (Citizen Involvement),2(Land Use Planning), (J •F �i': JERRIN L.S1PE City of Tigard (} `` NOTARY PUBLIC-OREGON () 9 (Economic Development) and Goal 10 (Housing); Metro's 13125 SW Hall Blvd I�} �� �� COMMISSION NO.941161 () Urban Growth Management Functional Plan Title 1, and Title Tigard. OR 97223 fy MY COMMISSION EXPIRES JULY 28,2019 i) 8; Comprehensive Plan Goals 1.1.2, 2.1.2,2.1.3,2.1.6, 2.1.11, C�^•�^ 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1, and 10.1.5; and Size: 2 x 7" Tigard Development Code Chapters 18.380 and 18.390 Publish 09/22/2016. TT12207 Amount Due: $116.90* 'Please remit to address above t�1 I For Council Newsletter Date Sent: 9-6-2016 III LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = N/A FILE NOS.: DEVELOPMENT CODE AMENDMENT (DCA) 2016-00003 FILE TITLE: 2016 OMNIBUS CODE AMENDMENT PACKAGE APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The proposed legislative amendments to the Tigard Development Code (WC) would do the following: 1. Amend Chapter 18.130 Use Categories to include animal boarding as a personal service use,when completely enclosed in a building; and 2. Amend Chapter 18.610 Tigard Downtown Plan District to increase the height from 45 feet to 80 feet within the Main Street Sub-Area; and 3. Amend Chapter 18.620 Tigard Triangle Plan District and Chapter 18.520 Commercial Zoning Districts to allow multi-family dwelling units within the General Commercial (C- G) and the Mixed Use Employment (NUE) zones in the Tigard Triangle Plan District. LOCATION: Citywide ZONE/ COMP PLAN DESIGNATION: All zones. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen involvement), 2 (Land Use Planning), 9 (Economic Development) and Goal 10 (Housing); Metro's Urban Growth Management Functional Plan Title 1, and Title 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11, 2.1.21, 2.1.23, 9.1.3, 9.1.12, 9.3.1, 10.1.1, and 10.1.5; and Tigard Development Code Chapters 18.380 and 18.390 DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ❑ TYPE III TYPE IV COMMENTS WERE SENT: September 12,2016 COMMENTS ARE DUE: September 26,2016 • HEARINGS OFFICER (MON.) DATE OF I11•:.1RING: TIME: 7:00 PM El PLANNING(_()MISSION (MON.) DATE.OF[TEARING:..11ZING: October 17 '(116 TIM .: 7:00 PM ® C CITY C:OUNCII. (TUES.) Dl'IEOFIlli.\1(ING: November 1.2016 TIME: 7:30 PM O STA l DECISION (TENTATIVE) D.1'I'I:OF DECISION: II COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION l STAFF CONTACT: Agnes Kowacz,Associate Planner(503)718-2429 APPLICANT MATERIALS City of Tigard 1111 • . COMMUNITY DEVELOPMl:\T DEPAR'T'MENT . TIGARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Adjustment/Variance (II) ❑ Minor Land Partition (II) ❑ Comprehensive Plan Amendment (IV) 0 Planned Development (III) ❑ Conditional Use (III) El Sensitive Land Review (II or III) k Development Code Amendment (IV) 0 Site Development Review (II) ❑ Downtown Design Review(II,III) ❑ Subdivision (II or III) ❑ I listoric Overlay (II or III) 0 Zone Change (III) El Home Occupation (II) ❑ Zone Change Annexation (IV) NOTE: For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) ( +ter ._ hifri9i4 itynit i il —1Drciv s,. P(.0,,v, Dtst,rt c4 . 0 g.U 10) l Prdcl _over 11.11.-f o Mini aioj t to kc (it'. I3l) OW nibid ve kCL JOLCI `rte wA- SQ Pielil eAic tc . ( L40 ) PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): 'l.`c \V -e" Tax maps and tax lot #s: Wirt - - - Total site size: 13 fh Zoning classification: FOR STAFF USE ONLY APPLICANT INFORMATION DCBM u, -DDD //^'�� rc `� ,q� ,r� Case No.: Name: Ct1 0 11, , IkL 1_ Related Case No.{s): Mailing address: W ■11 'v VA ��� Application Fee: N !/ 'c City/state: Olt7i 0 dip: Phone number: Sob -`1IB . Zt{ ApplicationyA�,Viaccepted: t/Id Primarp contact name: (y BY: A •k Date: /1 IV Phone number: ' vb• i t . 21� Application determined complete: Email: &14- JO _ 00 .1Cil By: Date: IACURPONsiesters11 end Use Applications Rev.11/25}2014 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • w ww.tigard-or.gov • 503-718-2421 • Page 1 of 2 n PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Mailing address: City/state: -- Zip: Phone: Email: When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria, and understands the requirements for approving or denting the application(s), 46111st fkijne - Applic is signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name I):itc SIGNATURES of each owner of the subject property required Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 • TECHNICAL MEMORANDUM To: Sean Farrelly, City of Tigard LANCASTER FROM: Brian Davis ENGINEERING 321 SW Todd Mobley, PE Portland,OR197204 phone:503.248 0313 DATE: October 26, 2016 fax 503.248.9251 lancasterengineedng.cam SUBJECT: Downtown Tigard Main-Center Subarea Building Height Limitation—Transportation Findings This memorandum discusses the implications of the proposed revision of current height limitations within the Main-Center Sub-Area of Tigard's Downtown Plan District. Currently, buildings in this sub- area are limited to a maximum height of 45 feet per Tigard Development Code(TDC) Section 18.610.020.The proposed code amendment would increase the maximum permitted building height to 80 feet, consistent with other sub-areas within Downtown Tigard. Accordingly, the implications of this code amendment are examined herein. For context, the amendment is discussed with respect to Tigard's City Center Urban Renewal Plan (CCURP) and the Tigard Downtown Improvement Plan (TDIP). Most importantly, this memorandum includes facts and findings that demonstrate that the proposed amendment is consistent with Tigard's 2010 Transportation System Plan (TSP) and complies with the State of Oregon's Transportation Planning Rule (TPR). Consistency with Center City Urban Renewal Plan and Tigard Downtown Improvement Plan The two key documents that describe the vision for the future of downtown Tigard are the CCURP and the TDIP. Based upon these documents, it is clear that downtown Tigard is envisioned as a dense, vibrant, walkable community with a robust mix of uses.The Objectives (Section 1.2) of the TDIP are described in part as follows. The TDIP aims to provide the blueprint for the evolution of Downtown Tigard into a vital, vibrant, mixed-use and pedestrian-friendly environment over the next 20-30 years...The TDIP is intended to prevent development from occurring in an uncoordinated manner, having the potential to result in precluding the development of the higher-density, mix of uses necessary to ensure a healthy and vibrant Downtown neighborhood. This plan is intended to respect the flexibility of existing residents and property owners with regard to the use of their property, while laying the framework for urbanization that will result in a distinctive, vibrant neighborhood. Downtown Tigard Main-Center Subarea October 26, 2016 Page 2 of 5 Additionally, the CCURP has five stated goals. Of particular salience are goals 3-5: Goal 3:Downtown's transportation system should be multi-modal, connecting people, places and activities safely and conveniently. Goal 4:Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Goal 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space in vestments. The removal of the existing height limits is not merely compatible with these goals; indeed, permitting construction taller than that which is currently allowed is essential to achieving them. It is important to note that at the time these plans were adopted, the height limit was 80 feet. The limit was subsequently lowered to 45 feet for reasons not related to transportation or density. Both documents argue that a dense, robust mix of uses is key to achieving the vibrancy that the downtown plan envisions. Removal of the height limit will increase the density of the built environment, of course, but more than that, it will encourage the sorts of mixed-use developments that are needed to fully realize the potential of downtown. For example, the pedestrian environment benefits greatly from buildings that have attractive ground- level stories,featuring windows and other place-creating amenities. Retail uses therefore typically do well in ground-floor locations, representing something of a symbiotic relationship for the pedestrian environment—the big, bright design typical of storefronts contributes to vibrant walking conditions, while the stores themselves benefit from the foot traffic and the welcoming facade. Similarly, offices and residential uses in downtown contexts are more suitable for higher floors.These uses typically require less robust window treatments and doorways, and feature lower ceilings. For residences in downtown environments in particular, some degree of spatial separation from the hustle and bustle of street level is necessary to create a quiet and comfortable urban residence that is appealing to broad segments of the population.The ability to construct residential units beyond the existing height limit will increase the appeal of these units, which will enjoy greater quiet and better views than possible currently. While the existing height limit does not necessarily preclude development that meets these criteria, it certainly adds challenges to the construction of a project that fits neatly within the vision outlined in the CCURP and TDIP.TDC Section 18.610.020 requires that the ground floor of buildings within the Downtown Tigard Main-Center Subarea October 26, 2016 Page 3 of 5 Main-Center Sub-Area have a minimum height of 15 feet. Practically, when combined with the 45- foot height limit, this restricts development in this sub-area to a maximum of three stories. This significantly limits the possibilities for increasing the density and mix of uses, and disincentivizes potential redevelopment along the corridor. It is noted that one of the"catalyst projects" identified in Section 4.4 of the TDIP is the development of housing downtown, with the intent"to bring more people into downtown as residents." Lifting the existing height restrictions is a key prerequisite to this goal, as it will allow for the construction of residential units that are in greater abundance and more desirable in quality. Consistency with Tigard's Transportation System Plan The removal of the existing height limits is also consistent with the 2010 Tigard Transportation System Plan (TSP), and necessary to fully achieve the vision outlined therein. Like the CCURP and the TDIP, at the time the TSP was prepared,the building height limit was 80 feet. The reduction to 45 feet was done after preparation of the TSP. For this reason alone, it is reasonable to expect that the proposed amendment is consistent with the TSP and is simply moving the restriction back to what it was previously. Still,this memorandum takes it one step further, documenting the fact that the amendment is consistent with the analysis included in the TSP. TSP Facts& Documentation The Main-Center Sub-Area is a part of transportation analysis zone (TAZ) 978 in the TSP.This TAZ is forecast to experience the second-highest job growth of any TAZ in the City. In a sense, this presupposes that the vision outlined in the TDIP will indeed be realized;for the anticipated job growth to occur, significant development of office, retail, and other employment-generating uses will be necessary in the downtown core. The TSP contains the following data for TAZ 978, of which the subject TAZ is a part: Table 1: Summary of TSP Data for TAZ 978 R001_00090 .� .:.n _ Base Year 2005 891 2,030 3,309 Planning Horizon 2035 661 4,656 5,725 Net Increaste --2$0 2,625 2,404 _ The Main-Center Sub-Area, which is the subject of the proposed amendment, is in the approximate geographic center of TAZ 978, but more importantly it is the core of the downtown area,which is le Downtown Tigard Main-Center Subarea October 26, 2016 Page 4 of 5 planned for a significant increase in employment and a significant increase in trips, as documented in Table 1 above. For reference, an excerpt from the TAZ map in the TSP is shown in Figure 1, which identifies the physical boundaries of TAZ 978. A wide mix of uses are included in the TAZ, including a church with a large private school, single- Figure 1:TAZ 978 family residential, multi-family residential, small and 9az '0O z large-format retail, and industrial. .1, PrAFFLE 1 5" ' 9 The large majority of the TAZ is already built out, so � . Ilk 4 \11 large-scale new development is quite unlikely. Rather, 976 ‘3 a significant amount of redevelopment is expected 978 191' within the TAZ and consistent with the CCURP and the il 44 '`<",.r �''. "''kfk� TDPP, both of which were adopted shortly before S` 's. 479 4. analysis began on the TSP, the downtown core is 977 ,+w, 3f anticipated to be the focal point of redevelopment. More 982 importantly, to achieve the increase in over 2,600 jobs • and over 2,400 peak-period trips as considered in the TSP, substantial redevelopment would be necessary. With the existing 45-foot height restriction, building sizes of only three stories would be possible, which reflects the current buildings in downtown Tigard. The scale of the increase in jobs and trips anticipated by the TSP cannot be attained with the current 45-foot building height and is consistent with the type and scale of development that could be realized with the proposed 80-foot height restriction. Compliance with Transportation Planning Rule The Transportation Planning Rule (TPR) is in place to ensure that the transportation system can adequately accommodate any potential increase in trips that could result from an amendment to a land-use regulation. In this case, that amendment is the proposed revision of the existing building height restriction. As shown above,this amendment is consistent with the adopted TSP and as such, Section 9 of the TPR is applicable and quoted below, with a response immediately following: 660-012-0060: Plan and Land Use Regulation Amendments (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. Downtown Tigard Main-Center Subarea October 26, 2016 Page 5 of 5 (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP;and (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. With the exception of the area immediately surrounding Fanno Creek, the entirety of the Main-Center Sub-Area is within the MU-CBD Comprehensive Plan designation, which indicates mixed use development within the central business district. Chapter 15 of the Comprehensive Plan addresses Downtown and states that the Main Street area is the focal point for the community.The mix of uses and scale of development possible within the 80-foot building height is clearly consistent with the Comprehensive Plan. As demonstrated in the prior section, the proposed amendment is consistent with the TSP. The Main-Center Sub-Area was not exempted as outlined in subsection (c) above. Findings & Conclusion Increasing the maximum building height from 45 feet to 80 feet in the Main-Center Sub-Area of the Downtown Plan District is consistent with the goals and policies outlined with the Tigard Downtown Improvement Plan,the 2010 Tigard Transportation System Plan, and is consistent with the State of Oregon's Transportation Planning Rule. Further, increasing the height limit will abet in bringing about the development patterns and resulting travel patterns envisioned in these planning documents by encouraging the density and mix of uses that are prerequisites for a vibrant, walkable, and economically thriving district. Not only is the proposed amendment consistent with the TSP, and the Comprehensive Plan,the amendment is necessary to allow the downtown to develop in the manner considered in the TSP. PRE - APPLICATION CONFERENCE NOTES ( City of Tigard r1 . . COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Pre-Application Conference Request PROJECT DESCRIPTION / I� ��� t ���f ��{��,��� l REQUIRED SUBMITTAL Project name title: Ave! �! I ELEMENTS 11 Please write a brief description of proposed project: (Note: applications will not be accepted 1f fiyth e / Akm Ali1intot WA Id C 11445, P /. el J * # without the required submittal elements) GI f ni i 1- /v 60 /reef ;N fh a iii+h c fill e t 5 COPIES OF EACH OF THE II FOLLOWING: o rr1QGVrj l .�� i C ❑ Brief description of the proposal and any site-specific questions/issues that you would like to have staff research PROPERTY INFORMATION prior to the meeting. 0 111 Site Plan.The site plan must show the Property address/location(s): /71.4—( 6 2'H P iIf/opi,'/,-..iproposed lots and/or building layouts � F Y,lYl�c t(/04 2 ca�� c:< 1 jy-ti��JS�'na.13 Z UI�Li'S 1 drawn to scale. Also,show the location of the subject property in 11 relation to the nearest streets;and the locations of driveways on the subject Tax map and tax lot #(s): -- property and across the street. Zoning: I 4' -C g o ❑ Vicinity leap. PROPERTY OWNER/HOLDER INFORMATION ❑ The Proposed Uses. Name(s): ❑ Topographic Information. Include Contour Lines if Possible. Address: Phone: ❑ Filing Fee. f City/state: Zip: APPLICANT INFORMATION 1.01{ Loll STAFF USL UNL\ Name: Cif of 7i54(A pr Case No.: Address: 1 111. S S 6✓ 1-14( e r'd Phone: Related Case No.(s): City/state: T;Saine / Zip: i 7 1 23 Application fee: Contact person: S tf o et 'ie fly ! Pr(.1 0rs- K(')4/V f(. Application accepted: Phone: C01--7/3 .1.420 Email: S+!Ni h a f isc• atd.v 101,/ By: Date: - Pre-application Conference Information Date ofre-a `75 ic} I j�.0 P PP° All of the information identified on this form is required and must be Time ofre-a P PP= •50 submitted to the Planning Division a minimum of ten(10) days prior A- to officially scheduling a pre-application conference. Pre-application Planner assigned to pre-app: )A14--"-- conferences are one (1) hour long and are typically held between the I:1,CURiUY\Masters\Land Use Applications Rev 91/0612015 hours of 9-11 a.m. on either Tuesday or Thursday mornings. I Pre-application conferences must be scheduled in person at the Community Development counter from 8-4:30 p.m. Monday—Thursday. If more than four(4)people are expected to attend the pre-application conference in your group, please inform the city in advance so that alternate room arrangements can be made to accommodate the group. City of Tigard • 13125 SW I--Tall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 1 1! ADDITIONAL DOCUMENTS 1111 I IS (- A."` TIGARD Legislative Process Checklist Prior to Planning Commission Dc1k2o l '-poop3 Date Date Due Completed 1. 1 A _8.9 lip Fill out Pre-Application Conference Notes t`i j/+ ISi10 II' Fill out Land Use Permit Application and create paper file OI A $lfl0 1 119 Create case(s) in Accela (relate all cases) 0I Pc, O(ti l 4ti2 Fill out and submit Proposal Description for Council Thursday Newsletter N f A 5 ItlO ilius Schedule Public Hearing with PC secretary NIS 1k(' Add hearing dates in Accela Submit proposed amendment to Metro. Metro must receive the notice 45 days in advance of the t t first Planning Commission hearing(Metro Code 3.07.820.A) sent to 9\1\1. 'WI° Paulette.copperstoneLc`r,oregonmetro.gov. (Paulette Copperstone; 503-797-1562) Fill out and submit DLCD Notice of Proposed Amendment. DLCD must receive the notice 35 clays in advance of the first Planning Commission hearing and it must be sent via email to t,lan.amendments�alstate.or.us or uploaded to the FTP site at � V2-\ ( ` 4 Http://www.oregon.gov/LCD/Pages/papa_submittal.aspx ttt ,�, `` If Measure 56 notice is required, send to affected property owner at least 20 days but not more than 1v f- 40,prior to the first hearing. (http://www.oregonlaws.org/ors1227.186) Dae Sent Submit Public Hearing Ad to print in The Times 10 business days(CDC 18.390.060.D)in Cl Ottp advance of the hearing. The ad runs on Thursdays,this means that the submission needs to be made the Thursday before the ad is supposed to be printed(approximately 25 days prior to the hearing). Published: The Times will send an Affidavit of Publication for the record. (Alternatively,a notice could be 01116 l(7 9122214 placed in the Oregonian if necessary.) Notice may be combined with City Council notice. l t Send out Request for Comments and proposed amendments to affected agencies. Submit in time to allow :hem 14 days for comments and staff to incorporate comments into staff report. Comments (21;k p 41V1.\\Le due: 9 24, 1(O all(,47 Mail Notice of Public Hearing to affected government agencies,interested parties,and anyone that requests notice 10 days(CDC 18.390.060.D) in advance of hearing.An Affidavit of Mailing must ."! ..i I v i k, be submitted for the record. Notice may be combined with City Council notice. Email Notice of Public Hearing and proposed amendments to webteam to place on website. (To 6\,14 f l be done same day as task above.) + Submit staff report and presentation to supervisor for review and approval at least two weeks l(��1)1 t lt.t t Ci i ll� before hearing. k Submit staff report and proposed amendments to admin staff at least one week before hearing. 41L10 tU i(1 IUAdmin staff will send packet to webteam and Planning Commission. Staff report shall be made U available to the public 7 days prior to the hearing. 1u\\1O \ \1qi Update Accela with the results of hearing. Hearing Date: 10 1 f of,0 o0 PC Secretary forwards minutes with recommendation to CD Director within 10 business days after \o, the hearing. i OM l" Ik - Commissic..ends transmittal letter to Council with reconi,..�ndation. (optional) Obtain signed Planning Commission minutes from PC secretary and place in the file Prior to City Council Date Date 1 ue, Completed NI f'1 Oit M tit Schedule council hearing through Agenda Quick l ate Sent Submit Public Hearing Ad to print in.The Times 10 business days(CDC 18.390.060.D)in VAi _ advance of the hearing. The ad runs on Thursdays,this means that the submission needs to be _ 4 made the Thursday before the ad is supposed to be printed(approximately 25 days prior to the f' };l,' hed: hearing). The Times will send an Affidavit of Publication for the record. (Alternatively,a notice 0 .,' " could be placed in the Oregonian if necessary.) Submit proposed amendments and ordinance to City Attorney for review. ` .& Mail Notice of Public Hearing to affected government agencies,interested parties,and anyone that requests notice 10 days(CDC18.390.060.D) in advance of hearing. An Affidavit of Mailing V vk must be submitted for the record. `\, to ,c I t,_ Send Notice of Public Hearing and proposed amendments to webteam to update on website. (To /� Il be done same day as task above.) )( to 1 o 1 � Submit staff report, amendments and presentation to supervisor for review and approval at least 3 weeks prior to hearing. t Complete and route AIS in Agenda Quick,including all attachments and presentation, at least 2 \D\ lit weeks prior to the hearing. • After City Council Public Hearing Date Date Due Completed 01Send one copy of DLCD Notice of Adoption and signed and certified ordinance prepared by 1 recorder(original copy),proposed amendments, staff report,PC minutes and applicable memos to Li 1 Council to DLCD within 20 business days after the decision is filed by certified mail. 1,114c0 l � � Send a copy of the same materials listed above to ODOT Region 1 and Metro by regular mail same day as task above(per an IGA). Send Notice of Final Order with signed ordinance and proposed amendments to all parties of till ^ record within 5 business days after the decision is filed. An Affidavit of Mailing must be t it '' prepared for the file. Prepare and send Notice of Final Order with all relevant materials to webteam to post on website. gf (To be done same day as task above.) Update Accela with the results of hearing. Hearing Date: I .,91i 41 Place copy of Notice of Final Order and signed ordinance in the file for the record. I2.- lit LUBA Appeal: 21 days from DLCD Notice of Adoption