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Ordinance No. 20-01
CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20- Of AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE 2019 OMNIBUS CODE AMENDMENT PACKAGE (DCA2019-00002). WHEREAS, the city has initiated an application to amend the text of the Community Development Code; and WHEREAS, the purpose of the amendments is to replace and remove outdated and ineffective regulations; and address minor deficiencies and omissions in the code; and WHEREAS, notice was provided to the Department of Land Conservation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 18.710.110 and ORS 227.186; and WHEREAS, the Tigard Planning Commission held a public hearing on December 2, 2019 and recommended by unanimous vote that Council approve the proposed code amendments, as amended by Planning Commission; and WHEREAS, the Tigard City Council held a public hearing on January 7, 2020 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; applicable federal and state statutes or regulations; applicable Metro regulations; applicable Comprehensive Plan Policies; and 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 are in the best interest of the City of Tigard. ORDINANCE No. 20-01 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The amendments to the Tigard Municipal Code, Title 18 Community Development Code set forth in Exhibit'A'are hereby adopted. SECTION 2: The findings and conclusions contained in Exhibit B,' "Planning Commission Recommendation to the City Council," (DCA 2019-00002) dated December 16, 2019 are hereby adopted as the basis in support of this ordinance. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 4: 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 1WAII/01.1/44 vote of all Council members present after being read by number and title only, this 7 `—day of 94fru14.4 , 2020. Carol Krager, City Recorder APPROVED: By Tigard City Council this 7 qday of =ice• . ,2020. Jas aider, Mayor Approved as to form: City Attorney Date ORDINANCE No.20-di Page 2 EXHIBIT A City Council Draft Proposed Code Amendment OMNIBUS AMENDMENTS Chapter 18.10 LEGAL FRAMEWORK 18.10.040 Consistency with Other Regulations B. Other regulations. All uses and development must comply with all other applicable regional, state,and federal regulations. 2. Notwithstanding any other provision of this title, the Director has the authority to make an interpretation of reasonable accommodations in the application of this title when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit to the extent required by federal or state law. In considering whether an accommodation is reasonable,the Director may consider whether the request puts an undue burden or expense on the city and whether the proposed use creates a fundamental alteration in this title. The Director may ask for,or the applicant may voluntarily submit,additional information based on the requested accommodation, to determine whether the request creates an undue burden or a fundamental alteration. The accommodation may result in a permitted or conditional waiver of any limitation of this title. Determinations of reasonable accommodation are made through a Director determination, as provided in Chapter 18.730, Director Determinations. 18.10.060 Special Designations C. Special areas. The following special areas are established in the city: 1. Special areas are shown on the following maps: c. Significant tree groves are shown on the"City of Tigard Significant Tree Grove Map,"adopted by reference. Significant tree groves are subject to voluntary regulations as provided in Chapter 18.520, Utft-Fer-estfySipnifcant Tree Groves. Chapter 18.30 DEFINITIONS 18.30.010 List of Terms -D- Dwelling-Related Definitions: Dwelling Unit-See Dwelling-Related Definitions Dwelling Unit-Related Definitions: -S- Story, First Steil€ 18.30.020 Definitions Omnibus Amendments Page 1 of 39 EXHIBIT A City Council Draft Proposed Code Amendment B. "B"definitions. 1. "Basement" -Any floor level below the first story in a building that does not meet the definition of a story, - -• . . 2.. _ _ •• . ..' . •. ••_ . .•- °-- • - • • -- . . D. "D" definitions. 14. Dwelling unit-related definitions: a. "Dwelling unit" - A structure or portion thereof that is used for human habitation including permanent provisions for sleeping, cooking, and sanitation. b. "Accessory dwelling unit"- An additional dwelling unit on a lot with a primary dwelling unit. An accessory dwelling unit may be attached or internal to the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. i. "Quad" - A type of attached housing onsisting of two dwelling units on a first story,attached at a common sidewall, and two dwelling units on a second story,attached to the first story dwelling units at their common floor and ceiling. j. "Rowhouse" - A type of attached housing that shares : = •: . ' . • .- -• . a common sidewall with one or more ether-dwelling units, but excluding apartments, courtyard units,and quads. . •.- - ' .-• -• . . _:• - ':- - • •- - •-•. .•• R. "R"definitions. 4. "Residence"- See"dwelling unit." S. "S"definitions. 5. "Story"—See Oregon Residential Specialty Code. •- .. . . ..' . . • . . - •- - . - -- . .. - - ... .- . .. . _ .. 2:: •- . .. .. - . « " • • • - floor level is not more than four feet below grade, as defined in this section, for more than 50 . . •-- - , • - - • _ -- ._ . _ .._, . _ - 7. "Story, half' A story under a gable or gambrel roof, the wall plates of which on at least two Omnibus Amendments Page 2 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 68. "Structure" - Any object that is built or constructed, and located in or on the ground, or that is attached to something fixed to the ground. Structure includes buildings, decks, fences,towers, flag poles, signs, and other similar objects. Structure does not include paved areas or vegetative landscaping materials. N. "Subdivision" - Division of a unit of land into four or more units of land within a calendar year when such unit of land exists as a unit or contiguous units of land under a common ownership.The term"subdivision"also applies to an area of land that has been subdivided. 84-0. "Substantial improvement" - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: Chapter 18.40 MEASUREMENTS 18.40.050 Building Facade Area The area of a specific facade of a building is determined by adding the square footage of surface area of each section of wall visible from that perspective. For buildings with articulated facadesmeve4hafrene .. _ :: :_ ,all of the walls are included in the total area.The total area does not include any roof area. See Figure 18.40.9. Chapter 18.60 USE CATEGORIES 18.60.020 Classification of Uses A. Considerations. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: b. Relative amount of site or floor areaspacc and equipment devoted to the activities; 18.60.040 Residential Use Categoric:,Category A. Characteristics: 1. Residential use is the residential occupancy of a dwelling unit by related or unrelated individuals. The maximum number of residents who may occupy any given dwelling unit is determined by the state building code. 2. Residential use also includes the occupancy of an institution or facility where the components of a dwelling unit are shared by residents. Omnibus Amendments Page 3 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 3. Residential occupancy is arranged on a month-to-month basis, at a minimum, or for longer periods of time. 4. Residential use may include any combination of care, training, or treatment. B. Accessory uses:Accessory uses may include parking,recreational and social facilities, dining halls, and home occupations. C. Examples: Examples include household living,group living,foster homes, dormitories, fraternities and sororities, monasteries and convents, nursing and convalescent homes, memory care facilities, group homes for disabled individuals, residential treatment programs, assisted living facilities, and progressive or continuing care facilities. D. Exceptions: 1. Does not include uses meeting the definition of Temporary Shelter, Commercial Lodging, Detention Facility, or Medical Center. 2. Does not include dormitories, fraternities, or sororities where accessory to College uses. A. Group Living. for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Commercial Lodging or Temporary Shelter use categories). Large Group Living ._ -- - . ._ _ ._ - -. _ t--, _ _. •- also reside at the site. Group Living may include the State of Oregon definition of a residential by the state building code. 2. Accessory uses: Accessory uses commonly found are recreational facilities and parking. 4. Exceptions: a. Does not include lodging meeting the definition of Temporary Shelter,Detention Facilities,or Commercial Lodging. . . . .. . . .... .• . - tenancy is arranged on a month to month basis, or for a longer period, which is classified as Household Living. B. Household Living. Omnibus Amendments Page 4 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 3. Examples: Examples include living in houses, accessory dwelling units, apartments, assisted living, if residents live in self contained units. - _ . .• . — •• .. - _ _ • - • •:-: - - . Such uses are classified as either Commercial Lodging or Temporary Shelter. (Ord. 18 28 §1; Ord. 18 23 §2; Ord. 10 15 §1) 18.60.050 Civic Use Categories L. Temporary Shelter. 4. Exceptions: b. Does not include residential uses meeting the definition of Residential Usel4ouschold Living or Group Living. 18.60.060 Commercial Use Categories D. Commercial Lodging. 4. Exceptions: Does not include uses meeting the definition of Residential UseGroup Living or Temporary Shelter. 18.60.080 Other Use Categories A. Agriculture/Horticulture. 1. Characteristics: Agricultural/Horticultural uses are open areas devoted to the raising, production, or keeping of plants or animals :• •_ . . .•. Sales of products grown on site may be included. 2. Accessory uses: Accessory uses include dwellings units for proprietors and animal training. C. Detention Facilities. Omnibus Amendments Page 5 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 4. Exceptions: Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by public safety personnel, are classified as Residential Use or Medical Center usos. Chapter 18.110 RESIDENTIAL ZONES 18.110.030 Land Use Standards Table 18.110.2 Use Table Use Cat.t oriel R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Residential Use Cat <ories 'esidential Use A A A A A A A A ._. - A A A A A A A A [6] Limited to the first storEgroun fl^or level of apartment developments and maximum square footage of 10 percent of the building. 18.110.040 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential • .. _•. . .Use. Table 18.110.3 Housing Types Housing Types R-1 R-2 4 5 R-7 R-12 R-25 14-40 3.5 Detached Dwellings Units Accessory Dwelling Units(18.220) Y Y Y Y Y YNN Cottage Clusters(18.240) YN YN Y Y Y YNN Mobile Home Parks(18.260) N N L[1] L[1] Y Y Y Y Single Detached Houses(18.290) Y Y Y Y Y YNN Attached Dwellings Units Accessory Dwelling Units (18.220) Y Y Y Y Y YNN Apartments(18.230) N N NNN Y Y Y Courtyard Units(18.250) YN YN Y Y Y Y N N Quads(18.270) Lf21N L/2JN L[2] L[2] Y Y NN Rowhouses(18.280) N N _ N N L[3] Y YN Chapter 18.120 COMMERCIAL ZONES 18.120.030 Land Use Standards Omnibus Amendments Page 6 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Table 18.120.1 Commercial Zone Use Standards MU- MUE MUR NUse Categories - -ElC-G C-P CBD MUE MUC MUC 1 and 1 and [2] 2 2 Residential Use Categories/ R I44-34 R-f3 P A A A A A A 14euseheldhiving R R [3] R P A A A A A A Residential Use [3] [3,4] Motor Vehicle P P A/C P A/GP P P R R[14] P Sales/Rental [13] [7] [14] [3] Residential uses are allowed on or above the second storyPeer of a mixed-use development where the first stork d-fleer contains an allowed commercial use. 18.120.050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential Use- -. _ - • • - - - • - Table 18.120.2 Commercial Zone Housing Types Housing Types C-G CBD MUE MUC-1 MUC 2 1 an 2 Detached Dwellings Units Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Cottage Clusters(18.240) N N N N N N Y Mobile Home Parks(18.260) N L[2] N Y L[3] L[3] L[3] Single Detached Houses L[4] N L[5] Y L[3] L[3] L[3] (18.290) Attached Dwellings Units Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Apartments(18.230) N Y Y Y Y Y Y Courtyard Units(18.250) N N N N N N Y Quads (18.270) N N N N N N Y Rowhouses(18.280) N Y L[5] Y L[3] L[3] Y Chapter 18.130 INDUSTRIAL ZONES 18.130.030 Land Use Standards Table 18.130.1 Industrial Zone Use Standards Use Cate,pries I-P I-L I-H Residential Use Ca • ories P P P Omnibus Amendments Page 7 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Table 18.130.1 Industrial Zone Use Standards Use Cat•,ones I-P I-L I-H 'esti entta Ise U R Chapter 18.140 PARKS AND RECREATION ZONE 18.140.040 Land Use Standards Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Residential Use Categories, Group-Living Residential Use p P Chapter 18.210 RESIDENTIAL GENERAL PROVISIONS 18.210.030 Exceptions to Setback and Height Standards B. Exceptions to minimum setbacks. 4. Fireplaces and chimneys may project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 8. In the R 12 zone, bayBav windows and projections with floor area may project into a required interior side or street side setback by 1 foot provided the projections do not: 9. The front setback of the front facade of the primary structure may be reduced to the average of the respective setbacks on the abutting lots using the method in Section 18.40.070. Garage setbacks may not be reduced Chapter 18.220 ACCESSORY DWELLING UNITS 18.220.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of accessory dwelling units on lots with single detached houses to achieve the following: A. Increase the number of affordable dwellingheusing units; 18.220.050 Standards A. Number of dwelling units. Omnibus Amendments Page 8 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house.A second accessory dwelling unit must be attached to the primary dwelling unit. B. Size. 2. The square footage of each attached accessory dwelling units may not exceed the square footage of the primary dwelling unit. E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single detached house in the base zone. FE.Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line. The entrance to a second attached accessory dwelling unit must be oriented to a side, street side,or rear lot line. F. Parking. aseessepy-dwelling .sir 2. An on street parking credit may be granted for the required accessory dwelling unit parking Chapter 18.230 APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings.Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Apartment development is intended to achieve the following: A. Increase the number of affordable dwellinghettsg units; 18.230.020 Applicability B. The standards of this chapter also apply to nonconforming apartment development in the R-1 through R-7 zones. In lieu of specific base zone standards, apartment development in these zones is subject to the R-12 zone standards. CI .Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. DG. This chapter does not apply to apartment development in the MU-CBD and TMU zones.Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660,Tigard Triangle Plan District, respectively. 18.230.040 Development Standards Omnibus Amendments Page 9 of 39 EXHIBIT A City Council Draft Proposed Code Amendment C. Common open space. 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a dwelling unit faces the outdoor common open space or a public street. 18.230.050 Design Standards A. Entrances. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street,outdoor common open space,or drive aisle that has a curb and path adjacent to the dwelling unit. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least 2 different architectural features from the list provided belo '• . .-. . - . • - _• .. An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas, but must provide at least 2 different architectural features on all street-facing facades. c. Roof offsets or dormers. ii. One dormer for each top-storvfleef dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. e. Distinct base and top. The first storvgr-etifid-fleor is visually distinguished from the upper stories leers by including a belt course and at least one of the following: h. Balconies. Balconies are included on all upper storiesfloors that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-storvground--€leer dwelling units with individual entrances include at least one of the following: j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: ii. A permanent architectural feature above allarst-sto windows, such as an awning or series of awnings,that are at least as wide as each window,a maximum of 6 feet above the top of each window,and a minimum of 3 feet in depth.The architectural feature may project into the minimum front setback. Chapter 18.240 COTTAGE CLUSTERS 18.240.010 Purpose Omnibus Amendments Page 10 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Cottage clusters are groups of four to twelve detached dwellinghetusing units that are of smaller size than the typical single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Cottage cluster development is intended to achieve the following: A. Increase the number of affordable dwellinghettsg units; E. Facilitate more efficient use of land through smaller dwellingheting units. 18.240.050 Development Standards A. Density. The required density of a cottage cluster development is determined according to the following: 1. A cottage cluster development must contain a minimum of 4 dwelling units and a maximum of 12 dwelling units; and 2. One settagedwelling unit is required for every 2,500 square feet of lot area. Any designated sensitive lands on the lot are included in the lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 4. CottagoDwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Location of dwelling units. 1. The settagedwelling units must be arranged around the required common courtyard. 2. A minimum of two dwellingeettage units in each development must be within 20 feet of a street property line. F. Configuration of dwelling units. All dwelling units must be detached,with a minimum separation of 3 feet. G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each cottagcdwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each eet:tagedwelling unit. 3. Location. c. All parking areas, including garages, must be separated by a minimum of 10 feet on all sides from all other parking areas,parking structures,and dwellingeettage units on the site.This area must meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Omnibus Amendments Page 11 of 39 EXHIBIT A City Council Draft Proposed Code Amendment H. Pedestrian access. An accessible path must be provided that connects the main entrance of each dwellingeettage unit to the following: 18.240.060 Design Standards A. Floor area. 1. The maximum floor area of a sinRleene-story eettagedwelling unit is 1,000 square feet. 2. The maximum floor area of a multi-story eettagedwelling unit is 1,200 square feet. 3. The average floor area of all eettagedwelling units in a development must not exceed 1,100 square feet. B. Height. The maximum height of eettagedwelling units is 25 feet. C. Entrances. A minimum of 75 percent of the cottagodwelling units in a development must have their main entrances face the required common courtyard. Cottag©Dwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard.(Ord. 18-23 §2) Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose Courtyard units are groups of five to twelve attached dwellingheusmg units that are of smaller size and scale than other attached housing types such as apartments and rowhouses. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Courtyard unit development is intended to achieve the following: A. Increase the number of affordable dwellingheusing units; E. Facilitate more efficient use of land through smaller dwellingng units. 18.250.040 General Provisions All lots approved for courtyard unit development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than courtyard unit development on the lot.This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types.A courtyard unit development deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 18-28 §1; Ord. 18-23 §2) 18.250.050 Development Standards A. Density.The required density of a courtyard unit development is determined according to the following: 1. A courtyard unit development must contain a minimum of 5 dwelling units and a maximum of 12 dwelling units. Omnibus Amendments Page 12 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. One dwellingcourtyard unit is required for every 2,000 square feet of gross lot area.Any designated sensitive lands on the lot are included in the gross lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided.The common courtyard must be sized and located to contain a rectangle that meets the following: 3. EeurtyaFEIDwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Configuration of dwelling units. EetnataFdDwelling units must be attached, except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.2. F. Location of dwelling units. The dwellingeed units must be arranged around the common courtyard.If dwellingeet units are provided in 2 detached buildings,the buildings must face each other across the common courtyard. See Figure 18.250.2. Figure 18.250.2 Possible Configurations and Locations of Dwelling Units G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwellings unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each dwellingsetwttar4 unit. 3. Location. c. All parking areas, including parking structures,must be separated by a minimum of 10 feet on all sides from all other parking areas, parking structures, and dwelling cam units on the site. This area must meet the L-2 standard,as provided in Table 18.420.1,except that trees are not required. d. Parking may be provided under the first story of the eexdwelling units,provided that this parking is accessed from the rear of the building and is not visible from the street. H. Pedestrian access. An accessible path must be provided that connects the main entrance of each eetiWyar-ddwelling unit to the following: 18.250.060 Courtyard Unit Design Standards A. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,200 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 1,000 square feet. Omnibus Amendments Page 13 of 39 EXHIBIT A City Council Draft Proposed Code Amendment C. Entrances. A minimum of 75 percent of the sebwiyar-Eldwelling units in a development must have their main entrances face the required common courtyard. rtyardDwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard. Chapter 18.260 MOBILE HOME PARKS 18.260.010 Purpose The purpose of this chapter is to establish standards for the placement of mobile homes in mobile home subdivisions-andsubdivisions-and park developments. 18.260.040 Mobile Home Park Standards A. Minimum development standards. Mobile home park development must meet the following minimum development standards: 6. Sixty square feet of outdoor recreation area, suitably improved for recreational use,provided for each dwelling unit in addition to required setbacks. Each recreation area must be a minimum size of 2,500 square feet; B. Other standards. 3. Each dwelling unit must be served with a water, sewer, and electrical connection.The electrical connection must provide for 110 and 220-volt service. 10. The wheels,tongue, and traveling lights of each mobile home in a mobile home park et subdivision-must be removed upon installation of the dwelling unit. 13. Primary access to the mobile home park must be from a public street and comply with Chapter 18.920,Access, Egress, and Circulation; and b. Access driveways connecting tests-to a public street must be at least 36 feet, of which at least 20 feet must be paved; and c. Driveways must be designed to provide for all maneuvering and parking of units without encroaching on a public street. Chapter 18.270 QUADS 18.270.010 Purpose Quads are a type of attached housin!: :. . .. _ . ' with two dwelling units side-by-side on the first story mer and two dwelling units side-by-side on theta second storylleer. The dwelling units are of smaller size than the typical apartment or single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Quad development is intended to achieve the following: A. Increase the number of affordable dwellingheusixg units; Omnibus Amendments Page 14 of 39 EXHIBIT A City Council Draft Proposed Code Amendment D. Allow development of attached housing that is similar in size and form to single detached houseslheusing; F. Facilitate more efficient use of land through smaller dwellingheus ng units. 18.270.050 Development Standards A. Number of dwelling units. A quad development must contain four dwelling units. Two dwelling units must be wholly contained within a greundrrsl story. Two dwelling units must be wholly contained within a second story. B. Density. Minimum and maximum densities are determined by the required number of dwelling units and the lot size standards of Table 18.270.1. Table 18.270.1 Development Standards for Quads Standard R-1,R-2, and R-4.5 R-7 R-12 R-3.5 18.270.060 Design Standards D. Exterior staircases. Exterior staircases to the second storyfleer of a quad are prohibited. Chapter 18.280 ROWHOUSES 18.280.010 Purpose Rowhouses are a type of attached housing that share common side walls. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community.Rowhouse development is intended to achieve the following: A. Increase the number of affordable dwellingheus ng units; E. Facilitate more efficient use of land through smaller dwellingheusing units. 18.280.020 Applicability B. The standards of this chapter also apply to nonconforming rowhouse development in the R-1 through R-4.5 zones. In lieu of specific base zone standards,rowhouse development in these zones is subject to the R-7 zone standards. C13.Rowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. DE. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones.Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District,and Chapter 18.660,Tigard Triangle Plan District,respectively. Omnibus Amendments Page 15 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.280.050 Development Standards A. Number of dwelling units.A rowhouse development must contain at least two dwelling units. There is no maximum number of dwelling units, except that in the R-7 zone,the maximum number of dwelling units per grouping is 5. E. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E.The following additional standards also apply: 2. Access.Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access, or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920,Access,Egress, and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide,the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 rowheusedwelling units,except that each rowhouse grouping of three or more dwelling units may include 1 driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C. b. Shared access. If access for all dwelling units in a rowhouse development is shared and off- street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each fewhetisedwellin2 unit,the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. c. Alley access. If access is taken from an alley,the following standards apply: i. A maximum of one access is allowed for each feiAleffsedwelling unit. F. Pedestrian access. Rowhouse developments of 5 or more dwelling units must provide a paved, accessible pedestrian path that connects the main entrance of each rowhouse to the following: Table 18.280.1 Development Standards for Roww houses [1] This standard does not apply to a common wall lot line where the dwelling units are attached. 18.280.060 Design Standards B. IDwelling unit definition. Each dwelling unit must include at least one of the following on the street-facing facade: G. Windows.A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door other than a garage door that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. (Ord. 18-28 §1) Omnibus Amendments Page 16 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.290 SINGLE DETACHED HOUSES 18.290.030 Development Standards [1] Development standards for single detached houses and allowed accessory uses and structures in the R-25 zone apply only to lots with existing nonconforming development. New construction of single detached houses is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. 18.290.040 Design Standards A. Entrances.The main entrance must meet the following standards: Chapter 18320 COMMERCIAL ZONE DEVELOPMENT STANDARDS 18.320.050 Design Standards B. Windows. Buildings or tenant spaces designed for first-storygrou eor use by Eating and Drinking Establishments, Sales-Oriented Retail,Repair-Oriented Retail,Personal Services,and Office uses must include a minimum of 50 percent window area on all first-storvgrd-#leor street-facing facades. 18.320.060 Additional Standards for C-N, C-C,and C-G Zones A. C-N and C-C zones. The following standards apply to development in the C-C and C-N zones in addition to all other applicable standards of this title. 3. Building design. a. All street-facing facades must provide a minimum of 50 percent of window area on all first- stor facades and a minimum of 30 percent of window area on all upper-story-fleer facades, except that residential uses on upper stories €leers must provide a minimum of 15 percent of window area. B. C-G zone within the Tigard Triangle. The following standards apply to development in the C-G zone within the Tigard Triangle. These standards apply in addition to all other applicable standards of this title and govern in the event of a conflict. See Chapter 18.660, Tigard Triangle Plan District, for additional transportation facility standards and Map 18.660.A for the location of the C-G zone within the Tigard Triangle. 2. All street-facing facades within the required setbacks must include windows on a minimum of 50 percent of the first-storyground#loor façade area. First-storvGreund eer facade area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS 18.330.040 Development Standards Omnibus Amendments Page 17 of 39 EXHIBIT A City Council Draft Proposed Code Amendment B. Landscaping and screening.All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.330.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meetsplanteel-to the L-2 standard may count toward meeting the minimum area standard. Chapter 18350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS 18.350.050 Design Standards C. Facade design.All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade.Different features may be used on different facades of the same building. 5. Distinct base and top. The first stoker is visually distinguished from the upper stories leers by including a belt course and at least one of the following: 7. Enhanced entrances or awnings. b. A permanent architectural feature is provided above all first-storygrourd-fleor windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.060 Parking Structure Design Standards A. First-story windows and wall openings. , . . _ . . . •: ; _ . . _ _ . : :. :. . . . All street-facinji facades • _ •- - - must include contain windows, doors, or display arease--at least on a minimum of 20 percent of the first-story facade area _ :. •: ':: : :- _ -- -- excluding those portions of the facadefase devoted to vehicular access: • . -• . - : - ' , stairwells, elevators, and centralized payment booths.Required windows must have a sill no more than 4 feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than 2 feet above finished floor wall up to a maximum sill height of 6 feet above grade. Chapter 18.435 SIGNS 18.435.090 Special Condition Signs E. Awning signs. 3. The standards for awning signs in all other zones are provided below. Omnibus Amendments Page 18 of 39 EXHIBIT A City Council Draft Proposed Code Amendment a. The copy on awning signs may extend above the upper surfaces of the awning structure= provided it does not extend above the roof of the associated building. They may be hung below the awning if the sign clears the sidewalk by at least 8.5 feet; 18.435.130 Base Zone Regulations B. C-G and MUE zones. Signs other than the following are prohibited in the C-G and MUE zones: G. MU-CBD and TMU zones. The following signs are allowed in the TMU zone and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District are subject to the residential zone sign standards in Subsection 18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the C-G zone sign standards in Subsection 18.435.130.B. 4. Projecting signs, including awning signs. b. A building may have the following additional projecting signs: ii. A building may have one or more additional projecting signs where the signs are perpendicular to the building face,less than 4.5 square feet in size per sign face,and located less than 10 feet from sidewalk grade as measured from the top of sign. The number of additional signs may not exceed the number of first-storvgfetmel-fileor tenant spaces in the building. 5. Pedestrian-oriented roof signs. b. The maximum number of signs allowed is equal to the number of first-storvgoaufiEl-floor tenant spaces in the building. 6. A-frame signs. a. The maximum number of A-frame signs allowed is equal to the number of first-storvgreunl floor tenant spaces in the building or the equivalent of one sign for every 30 linear feet of street- facing building facade,whichever is greater. H. Mixed-use zones except MU-CBD and TMU zones. Sign standards for the MUE, MUE-1, MUE-2, MUC, MUC-1, and MUR zones are located in their respective plan districts in Chapter 18.620, Bridgeport Village Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. Chapter 18.440 TEMPORARY USES 18.440.020 Applicability C. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 5. Seasonal and special events located entirely within the PR zone=of-public right-of-way, or city- owned property provided the use has received a special event permit pursuant to Tigard Omnibus Amendments Page 19 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Municipal Code Chapter 7.48'• •- ' ' •- . - • • -• - - •- ' - - ' =• - - - 18.440.030 Types of Temporary Uses B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire,windstorm, flood, unexpected health or economic hardship,or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unitresidense on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwellingheusing unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city.This includes the use of one dwellingunit in a subdivision as a"model home"for purposes of showing prospective buyers. 18.440.050 Approval Criteria C. Temporary sales office or model home.The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 2. Model home. b. The property to be used for a model house must be a permanently designed dwelling unitstructure. Chapter 18.510 SENSITIVE LANDS 18.510.010 Purpose G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The special flood hazard area or 1996 flood inundation line,whichever is greater; 2. Natural drainageways; 3. Wetland areas that are regulated by the other agencies including the U.S.Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard "Wetland and Stream Corridors Map"; 4. Steep slopes of 25 percent or greater and unstable ground; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map." 6. Significant tree groves as shown on the "City of Tigard Significant Tree Grove Map". Omnibus Amendments Page 20 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.510.020 Applicability B. Allowed uses with no approval required. Except as provided below and by Subsections 18.510.020.D, F, and G of this section, the following uses are allowed uses within drainageways, slopes that are 25 percent or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" excludes: children's play equipment, picnic tables, sand boxes, grills, basketball hoops, and similar recreational equipment. 7. Fences; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 8. Accessory structures that are less than 120 square feet in size; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 9. Land form alterations involving up to 10 cubic yards of material;except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 18.510.040 General Provisions for Special Flood Hazard Areas R. Definitions. The following definitions are only applicable to this chaptersectien: Omnibus Amendments Page 21 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.510 SIGNIFICANT TREE GROVES Table 18.520.1 Density Transfer for Preservation of Significant Tree Groves Detached Sq.Ft. Attached Sq.Ft. Duplex Multifamily Residential Percent Tree Grove Percent Tree Grove Percent Tree Grove Percent Tree Zone Canopy Preserved Canopy Canopy Grove Canopy /Min.Lot or Unit Preserved/Min.Lot Preserved/Min.Lot Preserved/Min. Area or Unit Area or Unit Area Unit Area R-1 25-49%/22,500 sq ft (30,000 sq ft 50-748%/15,000 sq Not Allowed Not Allowed Not Allowed per unit) ft 75-100%17,500 sq ft R-2 25-49%/15,000 sq ft Allowed with 75%or (20,000 sq ft 50-74328%/10,000 sq greater tree grove per unit) ft canopy Not Allowed Not Allowed 75-100%/5,000 sq ft preservation/5,000 sq ft R-3.5 25-49%/7,500 sq ft Allowed with 75%or Allowed with 75%or (10,000 sq ft 50-7432,8%/5,000 sq ft greater tree grove greater tree grove per unit) 75-100%/2,500 sq ft canopy preservation canopy preservation Not Allowed 2,500 sq ft /5,000 sq ft R-4.5 25-49%/5,625 sq ft Allowed with 75%or Allowed with 75%or (7,500 sq ft 50-7432-9%/3,750 sq ft greater tree grove greater tree grove per unit) 75-100%/1,875 sq ft canopy canopy preservation Not Allowed preservation/1,875 sq /3,750 sq ft ft R-7 25-49%/3,750 sq ft Allowed with 75%or Allowed with 75%or (5,000 sq ft 50-7432-9%/2,500 sq ft greater tree grove greater tree grove per unit) 75-100%/1,250 sq ft canopy preservation canopy preservation Not Allowed /1,250 sq ft /2,500 sq ft R-12 Apartment and single detached house transfer allowed at the following densities: (3,050 sq ft 25-49%tree grove canopy preservation/2,288 sq ft/unit per unit) 50-7432-9%tree grove canopy preservation/1,525 sq ft/unit 75-100%tree grove canopy preservation/763 sq ft/unit R-25 Apartment and single detached house transfer allowed at the following densities: (1,480 sq ft 25-49%tree grove canopy preservation/1,110 sq ft/unit per unit) 50-740%tree grove canopy preservation/5,200 sq ft/unit 75-100%tree grove canopy preservation/370 sq ft/unit R-40 Apartments and single detached housesigallowed with no upper density limit. (None) Omnibus Amendments Page 22 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.620 BRIDGEPORT VILLAGE PLAN DISTRICT 18.620.070 Design Standards D. Building design standards. Nonresidential buildings must comply with the standards below. Residential-only and mixed-use buildings where at least 50.1 percent of the floor area of the building is residential must comply with Section 18.620.080. 1. First-storyCifeurid—fleer windows. All £street-facing facadeselevatiens within the required building setback(0 10 feet)along public streets must include windows, doors,or display areas on a minimum of 50 percent of the first-story facade area _ .. •: ':: • • -• • •- , . . _. ... . .._ - . .The first-story facadeground floe all area is measured from 3 feet above grade to 9 feet above grade the entire lengthy of the street-facing facadeelevatiert. . ., . .._ •: .. •. _ . . Up to 50 percent of the first-storyground leer window requirement may be met on an adjoining facadeelevatien provided all of the requirement is located at a building corner. 18.620.080 Design Compatibility Standards A. Front facades. All primary first-storigd-€leer common entrances or individual trait-entrances of street-facing frontage-dwelling units must be oriented to the street, not to the interior or to a parking lot. The front facadeelevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays, dormer windows, and roof pediments are encouraged for street-facing structures met to create visual interest. C. Unit definition.Each dwelling unit must be emphasized by including a roof dormer or bay windows on the street-facing facadeelevatien, or by providing a roof gable or porch that faces the street. First- storyGround level dwelling units must include porches that are at least 48 square feet in area with no dimension less than 6 feet. E. Trim detail.Trim must be used to mark all building roof lines,porches,windows,and doors that are on a primary structure's street-facing facadeselevatiens. Chapter 18.630 DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT 18.630.090 Additional Standards for Conditional Uses Within the Administrative Subdistrict B. Standards. Conditional uses within the administrative subdistrict are subject to the following: 2. First-storyGr-eund-fleer windows. All street facing facades tion along public streets must include windows on a minimum of 50 percent of the first-story facade areaground oor wall-area • •.. _ . _. ... .. • • . The first-story facadegdoey—area is measured from 3 feet above grade to 9 feet above grade the entire lengthwidth of the streetfacing facadeelevatierr. Glazing covered with applied window film will not be considered in the calculation to meet this standard. Omnibus Amendments Page 23 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.640 RIVER TERRACE PLAN DISTRICT 18.640.070 Planned Developments E. Design standards for single detached houses and rowhouses. The following design standards apply to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph I8.640.070.C.2.e or where required by Subsection I 8.640.060.A. The design standards in Chapter 18.290, Single Detached Houses, and Chapter 18.280, Rowhouses, apply in all other situations. 5. Garages and carports.These standards are intended to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings.An illustration of garage door width is shown in Figure 18.640.6. b. Garage door width. The width of a garage door is the width of the opening as measured from inside the garage door frame. i. A dwelling unit is allowed one 12-foot-wide garage door, regardless of the total width of the street-facing facade. ii. A dwelling unit may have a garage door wider than 12 feet provided that it does not exceed 40 percent of the total width of the street-facing facade on which the garage door is located. 18.640.100 On-Street Parking B. Quantity standards.All single detached house development described in Subsection 18.640.100.A must provide the following number of on-street parking spaces: 1. For a dwelling unit with one off-street parking space, a minimum of 2 on-street parking spaces must be provided. 2. For a dwelling unit with two off-street parking spaces, a minimum of 1 on-street parking space must be provided. 3. For dwellings units with more than two off-street parking spaces,a minimum of 1 on-street parking space must be provided for every two lots with more than two off-street parking spaces that are adjacent to each other. Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT 18.650.010 Purpose B. Sub-areas. The four sub-areas located on Map I8.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor.The purpose of this sub-area is 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. The area will accommodate higher levels of vehicular circulation,while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from Omnibus Amendments Page 24 of 39 EXHIBIT A City Council Draft Proposed Code Amendment single-1-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 3. Scoffins Street - Commercial Street. The purpose of this sub-area 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 Street.Residential-only buildings, commercial buildings, and mixed-use developments are allowed. 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A, which is located at the end of this chapter,and on the official zoning map. 2. Pre-existing uses and development. Pre-existing land uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following: 18.650.050 Development Standards B. Parking. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center Street sub-area except that any apartments must provide a minimum of 1 parking space per unit. Figure 18.650.1 Parking Location •,•••••••04r0 0:01010.0'010:0.0:0 0 0i0. 9. o I 0 c 0 0 0 0 0 4 .. 0 0 0 P I o o I e o o I 00 4 0 ® 00 o Fix Figure to read: o D-S-4 Standard Io F- See Chapter 18.420 for... 0 0 0 0 0 0 0 ill • O 0 O O -- 0 ' � Peaking°nth,tide o,rear c4 buildings L1 tandsope standard Mat.50%of site frontage landscape not required along skated prop.tine Min.10'salWck See CMS for screening and landscaping requirements 18.650.060 Design Standards A. Create vibrant first stories, streetscapes, and rights-of-way; provide weather protection; and promote safety and security. Omnibus Amendments Page 25 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. Standards. a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first:story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street- Center Street sub-area, at least 50 percent of the first:story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. b. Primary entrances. i. Nonresidential and mixed-use buildings. (A)At least 1 entrance is required for each business with a first-story street-facing building elevation frontage. (C) All primary first:story common entrances must be oriented to the street or a public space directly facing the street,not to the interior or to a parking lot. ii. Residential buildings. (B)All street-facing building elevations must include awl primary first story common entrances of to apartment developments and individual entrances toe€ rowhouses development that are front the.,tree+must be oriented to the street or public right-of-way, not to the interior or to a parking lot. c. Windows. Minimum window coverage includes any glazed portions of doors. i. Nonresidential and mixed-use buildings. (A)The minimum window area of first:story street-facing facades is 60 percent. (B) First-story windows must have a visible transmittance(VT) of 0.6 or higher,with the exception of medical and dental offices, which may have tinted windows. ii. Residential buildings. The minimum window area of first:story street-facing facades is 30 percent. iii. Upper storvfleer windows for all buildings. B. Cohesive architectural facade standards. 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first starvground feor of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard. Divide the street-facing first stokor of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose Omnibus Amendments Page 26 of 39 EXHIBIT A City Council Draft Proposed Code Amendment of this standard,an architectural bay is defined as the zone between the outside edges of an engaged column,pilaster, post, or vertical wall area. C. Integrated building facade standards. 1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-storyg-rou oor activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i. Nonresidential and mixed-use buildings without residential component.Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade:a base(extends from the sidewalk to the bottom of the second story or the belt course that separates the first storIgreun-fieer from the middle of the building); a middle(distinguished from the top and base of the building by use of building elements); and a top(roof form or element at the uppermost portion of the facade that visually terminates the facade). F. OutdoorOpen spaced-die-plaza. 1. Purpose. Assure adequate public,private, and shared outdoor space. 2. Standards. a. Nonresidential and mixed-use buildings without a residential component. i. Developments with sites areas greater than 60,000 square feet must include at least 1 public outdoor space with a minimum size of 600 square feet. ii. Public outdoor spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space. b. Residential and mixed-use buildings with four or more dwelling units . i. Private outdoor space. -. . - . ..' . . _ _• - ..• . • • • • • - - • ' - , ' • - .. • ..--,such as a private porch,a-deck,a-balcony, a-patio,an-atrium, or other private outdoor spacepriv e-tea, must be provided. (A)An average of 28 square feet of private outdoorepen space must be provided per dwelling unit in a development. (B) In order to be counted toward the private outdoorepen space standardaverage, the private outdoorepen space provided to each dwelling unit must be a minimum of 32 square feet, with a minimum depth of 4 feet. (C) The private outdoorepen space provided must be contiguous with the dwelling unit. (D)Balconies used for entrances or exits are not considered as private outdoor open space except where such exits or entrances are for the sole use of the dwelling unit. Omnibus Amendments Page 27 of 39 EXHIBIT A City Council Draft Proposed Code Amendment ii. Shared outdoor space must be provided in addition to required private outdoor space. Examples include: . • . . _ ..' : •_ ' • :_ : . : . ,. • _ courtyards,roof decks, gardens,play areas, outdoor recreation facilities, indoor recreation rooms,or similar spaces.)Shared outdoor space must be a minimum of equal to or 10 percent of the development site, except as follows: (A)Up to 50 percent of the shared outdoorepeft space standard may be met by providing additional private outdoorepen space, such as balconies, porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a. (B) A shared outdoorepei+ space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. (C) Credit for up to 100 percent of the shared outdoorepen space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. 2. A minimum of 100 square feet of private outdoorepen space such as a private porch,yard,a deck, a-balcony,a-patio, or other private outdoor space private area is required per dwelling unit. 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan,which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the plan district:: • : • • • t: . _ -t• . •. _ :• '- . The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development.The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. 1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor,the applicant must comply with the following: 2. For all other develo ments.. • - .. • - -.••-- •. , • • -• • -• •-• , the applicant must comply with the following: 18.650.100 Specific Adjustments D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 2. Approval cGriteria. To qualify for a density or height bonus, a development must meet the following: Omnibus Amendments Page 28 of 39 EXHIBIT A City Council Draft Proposed Code Amendment a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the dwelling units are affordable. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.650.100.D.1, except as housing that meets that standard, for the life of the development. Table 18.650.2 Density Bonuses AtfOrdtdde Dwe t Based onpensny menus Maximum Density 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% Chapter 18.660 TIGARD TRIANGLE PLAN DISTRICT 18.660.040 Review Process C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes development review. Land use review is the process whereby the applicant submits any required or applicant-initiated land use applications to the city for review against all applicable approval criteria and standards.The provisions of Chapter 18.770,Planned Developments, do not apply to properties in the TMU zone. 4. Adjustment application. An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. a. An adjustment application may contain multiple adjustment requests. An adjustment may be requested for any standard in this chapter unless specifically prohibited by this chapter. An adjustment may not be requested to change or eliminate a required review process. The adjustment request for a standard outside of this chapter is subject to the provision of Chapter 18.715,Adjustments. 18.660.050 Pre-Existing Development and Approvals D. Sites with pre-existing development. 4. Pre-existing buildings that do not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may continue and be modified subject to the standards in Table 18.660.2. Applicable standards only apply to the proposed modification and not to the non-modified portion of the existing building. Modifications that expand a building may be vertical (e.g. second story addition), horizontal(e.g.first-stormeend-fleer expansion), or both(e.g. 2-story addition). Omnibus Amendments Page 29 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.660.080 Building Design Standards B. Building height. The maximum allowed building height is 6 stories, except for properties shown on Map 18.660.A that have a maximum allowed building height of 4 stories. Basements, as defined in Chapter 18.30,Definitions,are not considered stories for purposes of meeting this standard. The height standard for each type of story is provided in Table 18.660.7.Vertical building projections not used for human habitation such as chimneys, flag poles, and elevator shaft housings are exempt from the building height standards of this chapter, expect for wireless communication facilities, which are subject to the standards in Chapter 18.450, Wireless Communication Facilities. Table 18.660.7 Height by Type of Story Type of Story Height Gfetift4First story 12 feet(min.)and 25 feet(max.) Middle stories 14 feet(max.) Top story 18 feet(max.) E. Building facade windows. Building facade windows are required as follows: Table 18.660.8 Minimum \\'indoN\ Area Type of Story and Use Minimum Window Area Gr-euedFirst Story: Mixed-Use and Nonresidential 50%of facade Upper Stories: Mixed-Use and Nonresidential 30%of facade Gr-euREIFirst Story: Residential Only 30%of facade Upper Stories:Residential Only(Does not apply to stories with sloped 15% of facade roofs or dormers) Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability B. Conflicting standards.The following standards apply to all nonresidential and mixed-use development located within the Washington Square Regional Center Plan District within the MUC,MUEL and MUR zones.The standards and requirement in this chapter govern in the event of a conflict. 18.670.050 Pre-Existing Uses and Developments Pre-existing dwellinzheasing units in mixed-use zones are allowed. Conversion of pre-existing dwellinil * units to other uses is subject to the requirements of this chapter. Notwithstanding the provisions of Section 18.50.040, pre-existing land uses and associated development that were lawfully in existence at the effective date of the Washington Square Regional Center Plan District are treated as lawful or approved uses and developments. 18.670.070 Site Design Standards B. Building placement on arterials and collectors. Omnibus Amendments Page 30 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 1. Purpose. Architecture helps define the character and quality of a street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and first-storygreu i-€leer uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. 18.670.080 Building Design Standards B. First-storyCiFeund-fieer windows. 1. Purpose.Blank walls along the street frontage tend to be neglected and are not pedestrian friendly. Windows help keep "eyes on the street" that promote safety and security and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from first-storvg eer windows also adds to the presence of activity and the sense that someone is home. 2. Standard. All street-facing facadeselevatiens within the required building setback (0 to 10 feet) along public streets must include windows, doors, or display areas on a minimum of 50 percent of the first-story fa ade area: .. • . .. : t. - •.- - , . . t. --_ . openings. The first-story facadegrouna floor wall area is measured from 3 feet above grade to 9 feet above grade the entire lengthy of the street-facing facadeele ien. The ground foor to ground level. Up to 50 percent of the first-storyground leer window requirement may be met on an adjoining facadeelevatien provided the entire requirement is located at a building corner. Chapter 18.710 LAND USE REVIEW PROCEDURES 18.710.030 General Provisions B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications,planned development review,sensitive lands review(Type II and III),site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 18.710.120 Special Procedures C. Affordable housing developments. Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete, provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwellings units; 2. At least 50 percent of the dwelling units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County, or for the state,whichever is greater; and 3. The development is conditioned on the recording of a covenant appurtenant, prior to the issuance of a certificate of occupancy,that prohibits the sale or rental of any affordable dwellingres' nl Omnibus Amendments Page 31 of 39 EXHIBIT A City Council Draft Proposed Code Amendment unit used to meet the standard of Paragraph 18.710.120.C.2, except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. Chapter 18.715 ADJUSTMENTS 18.715.040 Approval Process An adjustment��djustment-applications-ace is processed through a Type II procedure as provided in Section 18.710.060. (Ord. 18-28 §1) 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; and a. Has only minor impacts on surrounding properties or public facilities;or b. Addresses a site constraint or unusual situation; or c. Utilizes innovative design or results in sustainable development. 24. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and 4. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone. Chapter 18.720 ANNEXATIONS 18.720.020 Approval Process Omnibus Amendments Page 32 of 39 EXHIBIT A City Council Draft Proposed Code Amendment A. A Qquasi judicial annexation applications-are is processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. B. A biegislative annexation application-s-a a is processed through the Legislative procedure,as provided in Section 18.710.110. Chapter 18.730 DIRECTOR DETERMINATIONS 18.730.040 Approval Process Applications fer-a A Director determination application isase processed through a Type I procedure, as provided in Section 18.710.050. Chapter 18.740 CONDITIONAL USES 18.740.050 Approval Criteria G. Adequate public facilities are available to serve the proposed development or use at the time of occupancy. Chapter 18.760 HOME OCCUPATIONS 18.760.020 Applicability B. Exemptions. The following activities and uses are exempt from the provisions of this chapter: 3. 14emeFamilv day care uses; 5. Legal nonconforming home occupations as provided in Section 18.760.090878. 18.760.030 Approval Process A. Type I home occupations. A Type I home occupation application-are is processed through a Type I procedure,as provided in Section 18.710.050. B. Type II home occupation permit.A Type II home occupation application-are is processed through a Type II procedure, as provided in Section 18.710.060 18.760.050 General Provisions All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.060858. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or Omnibus Amendments Page 33 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 528 square feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building,fire,health, and housing codes. F. A dwelling unit may have more than one home occupation,provided that the combined floor areaspace used for the home occupations does not exceed the square footage limitation imposed in SubsectionParagraph 18.760.040.DA-4. Each home occupation must apply for a separate home occupation permit, if required by this chapter. Chapter 18.770 PLANNED DEVELOPMENTS 18.770.070 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the consolidated or concept plan proposal is consistent with the purpose of this chapter as embodied by the approval criteria listed in Subsections I8.770.060.A and B. Conditions may include but are not limited to the following: H. Requiring pedestrian-oriented design features such as building awnings,first-storygr-euffd-fleor windows and entries, or street-facing facades; Chapter 18.790 TEXT AND MAP AMENDMENTS 18.790.020 Legislative Amendments A. Approval process. A Llegislative amendments application isace processed through a Legislative procedure, as provided in Section 18.710.110. B. Approval considerations.A recommendation or a decision for a legislative amendment applicationmay be based on consideration of the applicable legal requirements. They may, but do not necessarily include:Oregon Revised Statues,Oregon Administrative Rules,one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.790.030 Quasi-Judicial Amendments A. Approval process. 1. A Qquasi judicial zoning map amendments application that does not require a comprehensive plan map amendment Breis processed through a Type III-PC procedure, as provided in Section 18.710.070. 2. A Qquasi judicial comprehensive plan map amendments application isare processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. 3. A Qquasi judicial zoning map amendments application that requires a comprehensive map plan amendment are processed through a Type III-Modified procedure, as provided in Section Omnibus Amendments Page 34 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. Chapter 18.810 LOT LINE ADJUSTMENTS AND CONSOLIDATIONS 18.810.020 Approval Process A. Approval process. AApptieetiens—fef lot line adjustments and—let consolidations application is are processed through a Type I procedure, as provided in Section 18.710.050. 18.810.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: 1. An additional lot is not created by the lot line adjustment or lot consolidation, and the existing lot or lots are not reduced below the minimum lot size. 2. The reconfiuredpropesed lots and existing structures comply with all applicable development standards. 3. The reconfiiuredprepesed lots comply with the following: a. A11Each lots intended for residential development mustheus ig meet the density standardregeirements for the housing type proposed. exceptfet i. The lot is less than 1.5 times the minimum lot size,or de. Each lot intended for quad,rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of aft existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. ef. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: J . All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. gh. Lots using the density and dimensional standards for cottage cluster,courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the lot line adjustment or consolidation application. This Omnibus Amendments Page 35 of 39 EXHIBIT A City Council Draft Proposed Code Amendment deed restriction cannot be removed except through another land division or lot line adjustment process. Chapter 18.820 LAND PARTITIONS 18.820.030 Approval Process A. Approval process. AApplis =land partition application isare processed through a Type II procedure,as provided in Section 18.710.060. 18.820.040 Approval Criteria The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: C. A14The proposed improvements meet city and applicable agency standards; D. AllThe proposed lots comply with the following: 1. AllEach lots created for residential development must ries meet the density standardrequirements for the housing type proposed. a. The lot is less than 1.5 times the minimum lot size, or 45. Each lot for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. 56. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: 67. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 78. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the partition application.This deed restriction cannot be removed except through another land division process. Chapter 18.830 SUBDIVISIONS 18.830.020 General Provisions Omnibus Amendments Page 36 of 39 EXHIBIT A City Council Draft Proposed Code Amendment A. Approval through two-stepprocess. Aft application fora subdivision application is processed through a two-step process:the preliminary plat and the final plat. 18.830.030 Approval Process A. Approval process. Applications for a preliminary plat application isf r subdivi ion are processed through a Type II procedure, as provided in Section 18.710.060. An application for subdivision may also be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770, Planned Developments. 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria. The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable regulations; 2. Mahe proposed lots must comply with the following: development. be. Each lot for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural features or lot linesslhape.Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. cd. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: de. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another land division process. 18.830.050 Zero Lot Line Development B. Approval criteria. The approval authority will approve or approve with conditions an application for a zero lot line development when all of the following are met: 1. There must be a 10-foot separation between each residential dwelling unit or garage; Chapter 18.910 IMPROVEMENT STANDARDS 18.910.030 Streets Omnibus Amendments Page 37 of 39 EXHIBIT A City Council Draft Proposed Code Amendment A. Improvements. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards.In evaluating the impact on the public interest,the approval authority shall consider the criteria listed in Paragraph 18.910.030.E.-h An adjustment to the standards may not be granted if the adjustment would risk public safety. Chapter 18.920 ACCESS,EGRESS,AND CIRCULATION 18.920.030 General Provisions E. Surfacing. Driveways and drive aisles must be paved with a dust-free, hard-surfaced material, or utilize a turf grid or open joint pavers. FE.Curb cuts. Curb cuts must be in compliance with Subsection 18.910.030.0. G .Pedestrian access. Paths for pedestrian access and circulation are required to,through, and sometimes between development sites.Path standards are provided in 18.200 Residential Development Standards, 18.300 Nonresidential Development Standards, and Chapter 18.410, Off-Street Parking and Loading. Additional standards may also apply if the site is located in a plan district. HG. Inadequate or hazardous access. III. Access management. .II. Minimum access requirements for residential uses. 1. Vehicle access, egress, and circulation for nonresidential uses must comply with the standards provided in Table 18.920.2. Table 18.920.2 Vehicular Access/Egress Requirements: Nonresidential Uses Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 10-99 1 30 ft 24 ft curbs required 100+ 2 30 ft 24 ft curbs required 1 50 ft 40 ft curbs required Omnibus Amendments Page 38 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. Vehicular access to apartment structures must be within 50 feet of the first-storvgreund eer entrance or the first-story -Meer landing of a stairway, ramp, or elevator leading to the dwelling units. KJ. Minimum access requirements for nonresidential uses. 2. Vehicular access must be provided to nonresidential uses, and be located within 50 feet of the primary first-storvgreund-#leer entrances; LK.One-way vehicular access points.Where a proposed parking facility indicates only one-way traffic flow on the site, it must be accommodated by a specific driveway serving the facility; the entrance drive must be situated closest to oncoming traffic and the exit drive must be situated farthest from oncoming traffic. Mb. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: Omnibus Amendments Page 39 of 39 EXHIBIT B Hearing Date: January 7.2020 Time:6:30 PM PLANNING COMMISSION RECOMMENDATION U TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: 2019 OMNIBUS TEXT AMENDMENTS CASE NO.: Development Code Amendment(DCA) DCA2019-00002 PROPOSAL: The City of Tigard proposes text amendments to the Tigard Development Code (TDC). The text amendments include the following: 1. Streamline the current residential use categories into a single category; 2. Update housing regulations to comply with state requirements (House Bill 2001); 3. Revise lot standards in the land division chapters; and 4. Clean up minor inconsistencies and ommissions. 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); and 10 (Housing); METRO's Urban Growth Management Functional Plan Titles 1 and 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.3, 2.1.19, 10.1.1. and 10.1.2, and Tigard Development Code Chapters 18.710 and 18.790. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code text amendments (Attachment 1) as further amended by staff and with any alterations as determined through the public hearing process. 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 1 OF 9 EXHIBIT B SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY In January of 2019, the City completed a comprehensive multi-year effort to modernize and streamline the development code to provide a document that is easier to read,understand, and navigate. Phase I of the code update project, completed in 2017, concentrated on smaller non-policy issues and code reorganization. Phases IIA and B on policy changes related to housing policy, commercial and industrial development standards, parking standards, small cell wireless facilities, streamlined and updated procedures for land use approvals, further reorganization, and non-policy changes to language. Since the adoption in January, minor deficiencies were identified through implementation of the new code. This project is an effort to address these deficiencies to allow for better implementation. The proposed amendments include streamlining the residential use categories into one category,Residential Use. The proposed use category now captures uses where the components of a dwelling unit are shared by residents, such as assisted living or memory care facilities. Currently,it was unclear whether these types of uses were considered residential or nonresidential and what standards to apply to them. These uses will now be considered residential and the applicable housing type chapter will apply. The amendments also propose to allow cottage clusters, courtyard units, and quads in the R-1 and R-2 zones, and to remove the parking requirement for accessory dwelling units. This is a result of House Bill 2001 (HB 2001),which prohibits requirements for off-street parking for accessory dwelling units. HB 2001 also states that all cities with a population of 25,000 or more must allow middle housing types in all residential zones that allow for single detached houses. The last change is to the land division chapters, Chapter 18.810, 18.820, and 18.830. These changes pertain to lot standards, specifically the lot width/depth standard and the rectilinear standard. The lot width and depth standard makes it burdensome for many existing lots that are narrow and deep,which were created in the County, to meet this criteria. The width/depth and the rectilinear standard also do not work well for nonresidential properties. Nonresidential lots can be different shapes and sizes unlike lots designed for residential uses, specifically for quads,rowhouses, and single detached houses. The text changes also include a number of small changes that add clarifying language,reword confusing passages, and fix inadvertent oversights and omissions. Some of these include: change dwelling to dwelling unit and floor or level to story, update definitions for consistency, establish surfacing requirements for driveways, and clarification of standards. Chapter 18.30 Definitions Revises the housing type definitions to be consistent with housing type chapters. Clarifies the definition of Story and Basement to be consistent with the building code. Removed definition for First Story and Half Story. Chapter 18.40 Measurements Clarifies the measurement for building facade area. Chapter 18.60 Use Categories 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 2 OF 9 EXHIBIT B Revises the residential use categories into one category, Residential Use category. This category now includes facilitites where the components of a dwelling unit are shared by residents, such as assisted living or memory care facilities. The use category was updated in all the base zone chapters. Chapter 18.120 Residential Zones Allows cottage clusters, courtyard units, and quads in the R-1 and R-2 zone. Chapter 18.210 Residential General Provisions Allows for the use of setback averaging using the method in Chapter 18.40, Measurements. Chapter 18.220 Accessory Dwelling Units Removes requirement for parking. Clarfies that lot coverage standards apply. Chapter 18.230 Apartments Addresses what standards apply to nonconforming apartment developments in the R-1 through R-7 zones. Chapter 18.410 Off-Street Parking and Loading Clarifies wording related to parking structures. Chapter 18.435 Signs Clarifies that awning signs can be attached to the top of the awning as long as they stay below the roof of the building. Signs in the MUE zone must meet the same standards as properties in the C-G zone. Chapter 18.440 Temporary Uses Clarifies that seasonal events taking place in the right-of-way and that have also received a special events permit are exempt from temporary use permits. Chapter 18.510 Sensitive Lands Adds significant tree groves to the list of sensitive lands. Chapter 18.660 Tigard Triangle Plan District Clarifies which of the adjustment types applies, Tigard Triangle or general adjustment. Chapter 18.715 Adjustments Modifies the approval criteria for adjustments. Chapter 18.810 Lot Line Adjustments and Consolidations 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 3 OF 9 EXHIBIT B Removes the lot width/depth standard and modifies the rectilinear standard to only apply to quads,rowhouse development, and single detached houses. Chapter 18.820 Land Partitions Removes the lot width/depth standard and modifies the rectilinear standard to only apply to quads,rowhouse development, and single detached houses. Chapter 18.830 Subdivisions Removes the lot width/depth standard and modifies the rectilinear standard to only apply to quads, rowhouse development, and single detached houses. Chapter 18.920 Access, Egress, and Circulation Adds standards for driveway surfacing. Changes to City Council Draft There were only minor changes from the Planning Commission draft and the proposed draft. The changes include: • Addition of R-1 and R-2 zone in the development standards table, Table 18.270.1, in Chapter 18.270, Rowhouses, to provide development standards for rowhouses in the R-1 and R-2 zones; and • Miscellaneous small changes including grammar and scrivener errors. 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 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on November 7, 2019 to affected government agencies. Notice was mailed to persons on the latest version of the City's interested parties list on November 7, 2019. A notice was published in the Tigard Times newspaper on November 14, 2019. Public notice was published to the City website prior to the public hearings. 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. A draft of the proposed code changes will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 4 OF 9 EXHIBIT B 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 10—Housing: This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The city conducted an analysis of housing needs and capacity in 2012 as part of an update to Chapter 10 of the Tigard Comprehensive Plan. This analysis found the capacity to build 6,714 units on 600 acres throughout the city. The analysis also found that 6,545 new units were needed by 2032. Once the types of needed housing were compared with the inventory of buildable lands, the capacity dropped to 6,457, a shortfall of 88 units. The proposed code changes do not decrease housing supply or capacity. They will allow for increased density in the R-1 and R-2 zones were cottage clusters, courtyard units, and quads will now be allowed. The city may only apply clear and objective standards to housing under Goal 10. These code changes include only clear and objective standards where applied to housing. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed map and text amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 1—Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by increasing the housing capacity in Tigard. Allowing cottage clusters, courtyard units, and quads in the R-1 and R-2 zones will result in increased housing capacity. This title is satisfied. Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 5 OF 9 EXHIBIT B amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on October 28, 2019. No comments were received. CONCLUSION: Based on the findings above, staff finds that the proposed map and amendments are 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 their adopted 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 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on November 7, 2019 to affected government agencies. Notice was mailed to persons on the latest version of the City's interested parties list on November 7, 2019. A notice was published in the Tigard Times newspaper on November 14, 2019. Public notice was published to the City website prior to the public hearings. 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. A draft of the proposed code changes will be made available to the public for review prior to hearings and adoption. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also address the requirement of HB 2001, as it related to accessory dwelling units and missing middle housing. This policy is satisfied. 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 text amendments are consistent with the Tigard Comprehensive Plan. This policy is satisfied. 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 6 OF 9 EXHIBIT B 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 each agency was invited to comment on the proposal, as required by Section 18.710.110 (Legislative Procedure) 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 2.1.19: The Planning Commission may at any time recommend to the City Council that it consider initiating legislative amendments to the Comprehensive Plan, Plan/Zoning Maps, and/or Community Development Code. FINDING: The recommendation of the Planning Commission regarding the proposed changes will be brought to the City Council for consideration of adoption. This policy is satisfied through the provisions of 18.710.110 (Legislative Procedure). This policy is stasified. 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 meet the needs, preferences, and financial capabilities of Tigard's present and future residents. FINDING: The proposed text amendment will allow for development of cottage clusters, courtyard units, and quads in the R-1 and R-2 zones. This allows for a wider range of allowed housing types for present and future Tigard residents. This policy is satisfied. Policy 10.1.2: The City's land use program shall be consistent with applicable state and federal laws. FINDING: The proposed amendments will bring the development code into compliance with state laws. The proposed amendment addresses HB 2001. The proposed amendments include removal of off-street parking requirements for accessory dwelling units and allow for the development of cottage clusters, courtyard units, and quads in all residential zones that allow signle detached houses. This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed map and text amendments are consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.790: Zoning Map and Text Amendments 18.790.020 Legislative Amendments Legislative amendments are processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendments will be reviewed under the Legislative Procedure as set forth in the CDC. This standard is met. Section 18.710: Decision Making Procedures 18.710.110 Type IV Procedure 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 7 OF 9 EXHIBIT B Notice of hearing. 1. All Legislative applications require two hearings, one before the Planning Commission and one before the City Council. FINDING: This procedure requires public hearings by both the Planning Commission and City Council. The Planning Commission public hearing was conducted on December 2, 2019 and the City Council public hearing will be conducted on January 7,2020. This standard is met. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. FINDING: State law provides for two specific noticing requirements for legislative changes. The first is notice to the Department of Land Conservation and Development (DLCD) of a proposed Post Acknowledgement Plan Amendment at least 35 days prior to the first hearing. Notice meeting this requirement was provided to DLCD on October 28, 2019, 35 days prior to the first hearing. Notice to property owners who may be affected by proposed text amendments was not required under the provisions of Measure 56. This standard is met. CONCLUSION: Based on the findings above, staff concludes that the proposed map and 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 TVF&R, METRO, ODOT, DLCD, DEQ, ODFW, CWS, OR Historic Preservation Office, TTSD, Comcast Cable, Frontier Communications, NW Natural, PGE, Tigard Water District, and Tri-Met were notified of the proposed code text amendments. The City did not receive any agency comments at the time this report was written. SECTION VI. PUBLIC COMMENTS No public comments have been received at the time of the staff report. 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 8 OF 9 EXHIBIT B ATTACHMENTS: 1. Text Amendments 2. Draft Planning Commission Minutes December 16.2019 PREPARED BY: Agnes Lindor DATE Associate Planner December 16,2019 APPROVED BY: Tom McGuire DATE Assistant Community Development Director 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 9 OF 9 Attachment 1 Planning Commission Draft Proposed Code Amendment OMNIBUS AMENDMENTS Chapter 18.10 LEGAL FRAMEWORK 18.10.040 Consistency with Other Regulations B. Other regulations.All uses and development must comply with all other applicable regional,state,and federal regulations. 2. Notwithstanding any other provision of this title, the Director has the authority to make an interpretation of reasonable accommodations in the application of this title when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit to the extent required by federal or state law. In considering whether an accommodation is reasonable,the Director may consider whether the request puts an undue burden or expense on the city and whether the proposed use creates a fundamental alteration in this title. The Director may ask for,or the applicant may voluntarily submit,additional information based on the requested accommodation, to determine whether the request creates an undue burden or a fundamental alteration.The accommodation may result in a permitted or conditional waiver of any limitation of this title. Determinations of reasonable accommodation are made through a Director determination, as provided in Chapter 18.730, Director Determinations. 18.10.060 Special Designations C. Special areas. The following special areas are established in the city: 1. Special areas are shown on the following maps: c. Significant tree groves are shown on the"City of Tigard Significant Tree Grove Map,"adopted by reference. Significant tree groves are subject to voluntary regulations as provided in Chapter 18.520, ipnificant Tree Groves. Chapter 18.30 DEFINITIONS 18.30.010 List of Terms -D- Dwelling-Related Definitions: Dwelling Unit-See Dwelling-Related Definitions Dwelling Unit-Related Definitions: -S- Story, First Steal€ 18.30.020 Definitions Omnibus Amendments Page 1 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment B. "B"definitions. 1. "Basement" -Any floor level below the first story in a building that does not meet the definition of a story, - . . ':. . _ •• . .. . _ 0:: D. "D"definitions. 14. Dwelling unit-related definitions: a. "Dwelling unit" - A structure or portion thereof that is used for human habitation including permanent provisions for sleeping, cooking, and sanitation. b. "Accessory dwelling unit"-An additional dwelling unit on a lot with a primary dwelling unit. .An accessory dwelling unit may be attached or internal to the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. i. "Quad" -A type of attached housing onsisting of two dwelling units on a first story, attached at a common sidewall,and two dwelling units on a second story,attached to the first story dwelling units at their common floor and ceiling. j. "Rowhouse" - A type of attached housing that shares : = . ' : .._•_. . a common sidewall with one or more ethefdwelling units, but excluding apartments, courtyard units, and quads. • :. _ ' •: ._ _. . . -7; _ 5:: : , •_ : _ ••: . •• R. "R"definitions. 4. "Residence"- See"dwelling unit." S. "S"definitions. 5. "Story"—See Oregon Residential Specialty Code. . .. -• . . -.• . . . . . _ ••- .. . " " 7. "Story, half" A story under a gable or gambrel roof, the wall plates of which on at least two Omnibus Amendments Page 2 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment considered as a half story. 64. "Structure" - Any object that is built or constructed, and located in or on the ground, or that is attached to something fixed to the ground. Structure includes buildings, decks, fences,towers, flag poles, signs, and other similar objects. Structure does not include paved areas or vegetative landscaping materials. N. "Subdivision" - Division of a unit of land into four or more units of land within a calendar year when such unit of land exists as a unit or contiguous units of land under a common ownership.The term"subdivision"also applies to an area of land that has been subdivided. 844. "Substantial improvement" - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: Chapter 18.40 MEASUREMENTS 18.40.050 Building Facade Area The area of a specific facade of a building is determined by adding the square footage of surface area of each section of wall visible from that perspective. For buildings with articulated facades wall -faeade _ . " : _, .. • .. . . _ . .• :.• . : . . ..• . _ - -- ° .. • ••- • •.- °:: :- . , all of the walls are included in the total area. The total area does not include any roof area. See Figure 18.40.9. Chapter 18.60 USE CATEGORIES 18.60.020 Classification of Uses A. Considerations. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: b. Relative amount of site or floor areaspacc and equipment devoted to the activities; 18.60.040 Residential Use Catcgoriea Category A. Characteristics: I. Residential use is the occupancy of a dwelling unit by related or unrelated individuals. The maximum number of residents who may occupy any given dwelling unit is determined by the state building code. 2. Residential use also includes the occupancy of an institution or facility where the components of a dwelling unit are shared by residents. Omnibus Amendments Page 3 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 3. Residential occupancy is arranged on a month-to-month basis, at a minimum, or for longer periods of time. 4. Residential use may include any combination of care, training, or treatment. B. Accessory uses:Accessory uses may include parking, recreational and social facilities, dining halls, and home occupations. C Examples: Examples include household living,group living, foster homes, dormitories, fraternities and sororities, monasteries and convents, nursing and convalescent homes, memory care facilities, group homes for disabled individuals, residential treatment programs, assisted living facilities, and progressive or continuing care facilities. D. Exceptions: 1. Does not include uses meeting the definition of Temporary Shelter, Commercial Lodging, Detention Facility, or Medical Center. 2. Does not include dormitories, fraternities, or sororities where accessory to College uses. A. Group Living. 1. Characteristics: Group Living is characterized by the residential occupancy of a dwelling unit by a . _ . •- . _ ... •- . e . . . - ._ • . by the state building code. convents; nursing and convalescent homes; some group homes for the physically and mentally 4. Exceptions: Commercial Lodging. b. Docs not include lodging where the residents meet the definition of household, and where Household Living. B. Household Living. Omnibus Amendments Page 4 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment • 3. Examples: Examples include living in houses, accessory dwelling units, apartments, • • • 18 23 §2; Ord. 10 15 §1) 18.60.050 Civic Use Categories L. Temporary Shelter. 4. Exceptions: b. Does not include-residential uses meeting the definition of Residential Use 18.60.060 Commercial Use Categories D. Commercial Lodging. 4. Exceptions: Does not include uses meeting the definition of Residential Us or Temporary Shelter. 18.60.080 Other Use Categories A. Agriculture/Horticulture. 1. Characteristics: Agricultural/Horticultural uses are open areas devoted to the raising, production, or keeping of plants or animals :-••: : . ... . .•. Sales of products grown on site may be included. 2. Accessory uses: Accessory uses include dwellings units for proprietors and animal training. C. Detention Facilities. Omnibus Amendments Page 5 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 4. Exceptions: Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by public safety personnel, are classified as Residential Use Greg or Medical Center uses. Chapter 18.110 RESIDENTIAL ZONES 18.110.030 Land Use Standards Table 18.110.2 Use Table Use Cate_ories R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Residential Use Cate!ones - . 'esidential Use A A A A A A A A M.,.,-,:.:..:,_....c�. A A A A A A A A [6] Limited to the first storvgreund leor-level of apartment developments and maximum square footage of 10 percent of the building. 18.110.040 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential • - - • • -. • -_ .Use. Table 18.110.3 Housing Types Housing Types R-1 R-2 35 4.5 R-7 R-12 R-25 R-40 3.Detached Dwellings Units Accessory Dwelling Units(18.220) Y Y Y Y Y YNN Cottage Clusters(18.240) YN , YN Y Y Y YNN Mobile Home Parks(18.260) N N L[1] L[1] Y Y Y Y Single Detached Houses (18.290) _ Y Y Y Y Y YNN Attached Dwellings Units Accessory Dwelling Units(18.220) Y Y Y Y Y Y N N Apartments(18.230) N N NNN Y Y Y Courtyard Units(18.250) 1114YN Y Y Y YNN Quads(18.270) Lf211N L12/N L[2] L[2] Y YNN Rowhouses(18.280) N N N N L[3] Y Y N Chapter 18.120 COMMERCIAL ZONES 18.120.030 Land Use Standards Omnibus Amendments Page 6 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Table 18.120.1 Commercial Zone Use Standards MU- UE UR Use Categories C-N C-C C-G C-P C D MUE MUC- MUC 1 and land [l] [l] [2] 1 2 2 Residential Use Categories/ Group Living R R434 R-[-3-1 P A A A A A A f34 R R[3] R P A A A A A A Residential Use [3] [3,4] Motor Vehicle P P A/C P A/GP P P R R[14] P Sales/Rental [13] [7] [14] [3] Residential uses are allowed on or above the second storv44eef of a mixed-use development where the first storeground leer contains an allowed commercial use. 18.120.050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential Use- :. _•- : - - :. : '. use. Table 18.120.2 Commercial Zone Housing Types Housing Types C-G CBD MUE MUC-1 MUC MUE MnUR d l and 2 1 and 2 Detached Dwellings Units Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Cottage Clusters(18.240) N N N N N N Y Mobile Home Parks(18.260) N L[2] N Y L[3] L[3] L[3] Single Detached Houses L[4] N L[5] Y L[3] L[3] L[3] (18.290) Attached Dwellings Units Accessory Dwelling Units N N N Y L[l] L[l] L[l] (18.220) Apartments(18.230) N Y Y Y Y Y Y Courtyard Units(18.250) N N N N N N Y Quads(18.270) N N N N N N Y Rowhouses(18.280) N Y L[5] Y L[3] L[3] Y Chapter 18.130 INDUSTRIAL ZONES 18.130.030 Land Use Standards Table 18.130.1 Industrial Zone Use Standards Use Cat•lodes I-P I-L I-H Residential Use Cate!ories P P P Omnibus Amendments Page 7 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Table 18.130.1 Industrial Zone Use Standards Use Cate oriel I-P I-L I-H 'es:dentia Ise UR R R Chapter 18.140 PARKS AND RECREATION ZONE 18.140.040 Land Use Standards Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Use Type Residential Use Categories Residential Use P HouseholdReuseheld-hiving Chapter 18.210 RESIDENTIAL GENERAL PROVISIONS 18.210.030 Exceptions to Setback and Height Standards B. Exceptions to minimum setbacks. 4. Fireplaces and chimneys may project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 8. In the R 12 zone, bayBar windows and projections with floor area may project into a required interior side or street side setback by 1 foot provided the projections do not: 9. The front setback of the front facade of the primary structure may be reduced to the average of the respective setbacks on the abutting lots using the method in Section 18.40.070. Garage setbacks may not be reduced Chapter 18.220 ACCESSORY DWELLING UNITS 18.220.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of accessory dwelling units on lots with single detached houses to achieve the following: A. Increase the number of affordable dwellinghousing units; 18.220.050 Standards A. Number of dwelling units. Omnibus Amendments Page 8 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house.A second accessory dwelling unit must be attached to the primary dwelling unit. B. Size. 2. The square footage of each attached accessory dwelling units may not exceed the square footage of the primary dwelling unit. E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single detached house in the base zone. F .Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line. The entrance to a second attached accessory dwelling unit must be oriented to a side, street side,or rear lot line. F. Parking. Chapter 18.230 APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings.Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Apartment development is intended to achieve the following: A. Increase the number of affordable dwellinghetg units; 18.230.020 Applicability B. The standards of this chapter also apply to nonconforming apartment development in the R-1 through R-7 zones. In lieu of specific base zone standards, apartment development in these zones is subject to the R-12 zone standards. 04.Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. G. This chapter does not apply to apartment development in the MU-CBD and TMU zones.Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. 18.230.040 Development Standards Omnibus Amendments Page 9 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment C. Common open space. 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a dwelling unit faces the outdoor common open space or a public street. 18.230.050 Design Standards A. Entrances. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street,outdoor common open space,or drive aisle that has a curb and path adjacent to the dwelling unit. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least 2 different architectural features from the list provided belo '• . .• . • _• An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas,but must provide at least 2 different architectural features on all street-facing facades. c. Roof offsets or dormers. ii. One dormer for each top-storl4leer dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. e. Distinct base and top. The first storvg deer is visually distinguished from the upper storiesfleers by including a belt course and at least one of the following: h. Balconies. Balconies are included on all upper stories leers that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-storygro���dd-mer dwelling units with individual entrances include at least one of the following: j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: ii. A permanent architectural feature above all first-storvgretind-fleer windows, such as an awning or series of awnings,that are at least as wide as each window,a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. The architectural feature may project into the minimum front setback. Chapter 18.240 COTTAGE CLUSTERS 18.240.010 Purpose Omnibus Amendments Page 10 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Cottage clusters are groups of four to twelve detached dwellinglheusing units that are of smaller size than the typical single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Cottage cluster development is intended to achieve the following: A. Increase the number of affordable dwellin2lieuirrg units; E. Facilitate more efficient use of land through smaller dwellinghetwaing units. 18.240.050 Development Standards A. Density. The required density of a cottage cluster development is determined according to the following: 1. A cottage cluster development must contain a minimum of 4 dwelling units and a maximum of 12 dwelling units; and 2. One cottagedwelling unit is required for every 2,500 square feet of lot area. Any designated sensitive lands on the lot are included in the lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 4. CottagoDwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Location of dwelling units. 1. The settagedwelling units must be arranged around the required common courtyard. 2. A minimum of two dwellingeettage units in each development must be within 20 feet of a street property line. F. Configuration of dwelling units.All dwelling units must be detached, with a minimum separation of 3 feet. G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each eet4agedwellinR unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each settagedwelling unit. 3. Location. c. All parking areas, including garages, must be separated by a minimum of 10 feet on all sides from all other parking areas,parking structures,and dwellingeettage units on the site.This area must meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Omnibus Amendments Page 11 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment H. Pedestrian access. An accessible path must be provided that connects the main entrance of each dwellingsettage unit to the following: 18.240.060 Design Standards A. Floor area. 1. The maximum floor area of a singleene-story settagedwellin2 unit is 1,000 square feet. 2. The maximum floor area of a multi-story settagedwelling unit is 1,200 square feet. 3. The average floor area of all settagedweiing units in a development must not exceed 1,100 square feet. B. Height. The maximum height of settagedwellinL units is 25 feet. C. Entrances. A minimum of 75 percent of the settagedwelling units in a development must have their main entrances face the required common courtyard. CottageDwellin2 units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard.(Ord. 18-23 §2) Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose Courtyard units are groups of five to twelve attached dwellinglheesieg units that are of smaller size and scale than other attached housing types such as apartments and rowhouses. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Courtyard unit development is intended to achieve the following: A. Increase the number of affordable dwellingheug units; E. Facilitate more efficient use of land through smaller dwellinglheue ng units. 18.250.040 General Provisions All lots approved for courtyard unit development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than courtyard unit development on the lot.This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types.A courtyard unit development deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 18-28 §1; Ord. 18-23 §2) 18.250.050 Development Standards A. Density.The required density of a courtyard unit development is determined according to the following: 1. A courtyard unit development must contain a minimum of 5 dwelling units and a maximum of 12 dwelling units. Omnibus Amendments Page 12 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 2. One dwellingcourtyard unit is required for every 2,000 square feet of gross lot area.Any designated sensitive lands on the lot are included in the gross lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided.The common courtyard must be sized and located to contain a rectangle that meets the following: 3. CourtyardDwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Configuration of dwelling units. EeuftyafElDwelling units must be attached, except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.2. F. Location of dwelling units. The dwellingcourtyard units must be arranged around the common courtyard.If dwellingeettftyar-4 units are provided in 2 detached buildings,the buildings must face each other across the common courtyard. See Figure 18.250.2. Figure 18.250.2 Possible Configurations and Locations of Dwelling Units G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwellingcourtyard unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each dwellingselittyansl unit. 3. Location. c. All parking areas, including parking structures, must be separated by a minimum of 10 feet on all sides from all other parking areas, parking structures, and dwelling courtyard units on the site. This area must meet the L-2 standard,as provided in Table 18.420.1, except that trees are not required. d. Parking may be provided under the first story of the cexdwelling units,provided that this parking is accessed from the rear of the building and is not visible from the street. H. Pedestrian access. An accessible path must be provided that connects the main entrance of each celdwelling unit to the following: 18.250.060 Courtyard Unit Design Standards A. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,200 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 1,000 square feet. Omnibus Amendments Page 13 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment C. Entrances.A minimum of 75 percent of the semdwelling units in a development must have their main entrances face the required common courtyard.C-euntyanOwellink units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard. Chapter 18.260 MOBILE HOME PARKS 18.260.010 Purpose The purpose of this chapter is to establish standards for the placement of mobile homes in mobile home subs park developments. 18.260.040 Mobile Home Park Standards A. Minimum development standards. Mobile home park development must meet the following minimum development standards: 6. Sixty square feet of outdoor recreation area, suitably improved for recreational use,provided for each dwelling unit in addition to required setbacks. Each recreation area must be a minimum size of 2,500 square feet; B. Other standards. 3. Each dwelling unit must be served with a water, sewer, and electrical connection. The electrical connection must provide for 110 and 220-volt service. 10. The wheels,tongue,and traveling lights of each mobile home in a mobile home park of subdivision must be removed upon installation. 13. Primary access to the mobile home park must be from a public street and comply with Chapter 18.920,Access,Egress, and Circulation; and b. Access driveways connecting oto a public street must be at least 36 feet, of which at least 20 feet must be paved; and c. Driveways must be designed to provide for all maneuvering and parking of-units without encroaching on a public street. Chapter 18.270 QUADS 18.270.010 Purpose Quads are a type of attached housing: :. . - :. _ . •' with two dwelling units side-by-side on the first story e--groundfleer and two dwelling units side-by-side on theft second storv4leer. The dwelling units are of smaller size than the typical apartment or single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community.Quad development is intended to achieve the following: A. Increase the number of affordable dwellingheusing units; Omnibus Amendments Page 14 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment D. Allow development of attached i-uuit housing that is similar in size and form to single detached houseslheusing; F. Facilitate more efficient use of land through smaller dwellingheusing units. 18.270.050 Development Standards A. Number of dwelling units. A quad development must contain four dwelling units. Two dwelling units must be wholly contained within a greundfrst story. Two dwelling units must be wholly contained within a second story. B. Density. Minimum and maximum densities are determined by the required number of dwelling units and the lot size standards of Table 18.270.1. 18.270.060 Design Standards D. Exterior staircases. Exterior staircases to the second storvfleef of a quad are prohibited. Chapter 18.280 ROWHOUSES 18.280.010 Purpose Rowhouses are a type of attached housing that share common side walls. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Rowhouse development is intended to achieve the following: A. Increase the number of affordable dwellingheusing units; E. Facilitate more efficient use of land through smaller dwellingheusing units. 18.280.020 Applicability B. The standards of this chapter also apply to nonconforming rowhouse development in the R-1 through R-4.5 zones. In lieu of specific base zone standards,rowhouse development in these zones is subject to the R-7 zone standards. CG.Rowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. DG. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones.Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District,respectively. 18.280.050 Development Standards A. Number of dwelling units.A rowhouse development must contain at least two dwelling units. There is no maximum number of dwelling units,except that in the R-7 zone,the maximum number of dwelling units per grouping is 5. Omnibus Amendments Page 15 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment E. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E.The following additional standards also apply: 2. Access.Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access, or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920, Access, Egress,and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide,the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 rewhettsedwelling units,except that each rowhouse grouping of three or more dwelling units may include 1 driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C. b. Shared access. If access for all dwelling units in a rowhouse development is shared and off- street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each rewhettsedwelling unit,the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. c. Alley access. If access is taken from an alley,the following standards apply: i. A maximum of one access is allowed for each rewheusedwelling unit. F. Pedestrian access. Rowhouse developments of 5 or more dwelling units must provide a paved, accessible pedestrian path that connects the main entrance of each rowhouse to the following: Table 18.280.1 Development Standards for Roy,houses [1] This standard does not apply to a common wall lot line where the dwelling units are attached. 18.280.060 Design Standards B. UftitDwelling unit definition. Each dwelling unit must include at least one of the following on the street-facing facade: G. Windows.A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door other than a garage door that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. (Ord. 18-28 §1) Chapter 18.290 SINGLE DETACHED HOUSES 18.290.030 Development Standards Omnibus Amendments Page 16 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment [1} Development standards for single detached houses and allowed accessory uses and structures in the R-25 zone apply only to lots with existing nonconforming development. New construction of single detached houses is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. 18.290.040 Design Standards A. Entrances.The main entrance must meet the following standards: Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS 18.320.050 Design Standards B. Windows. Buildings or tenant spaces designed for first-story oor use by Eating and Drinking Establishments, Sales-Oriented Retail,Repair-Oriented Retail,Personal Services,and Office uses must include a minimum of 50 percent window area on all first-storyground-Rear street-facing facades. 18.320.060 Additional Standards for C-N,C-C, and C-G Zones A. C-N and C-C zones. The following standards apply to development in the C-C and C-N zones in addition to all other applicable standards of this title. 3. Building design. a. All street-facing facades must provide a minimum of 50 percent of window area on all first- st r g d leec-facades and a minimum of 30 percent of window area on all upper-storyfloor facades, except that residential uses on upper stories €leers must provide a minimum of 15 percent of window area. B. C-G zone within the Tigard Triangle. The following standards apply to development in the C-G zone within the Tigard Triangle. These standards apply in addition to all other applicable standards of this title and govern in the event of a conflict. See Chapter 18.660, Tigard Triangle Plan District, for additional transportation facility standards and Map 18.660.A for the location of the C-G zone within the Tigard Triangle. 2. All street-facing facades within the required setbacks must include windows on a minimum of 50 percent of the first-storygreend-fleer facade area.First-storvGiteend-fleer facade area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS 18.330.040 Development Standards B. Landscaping and screening.All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. Omnibus Amendments Page 17 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 1. The minimum landscape area standard is provided in Table 18.330.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meetsplanted- o the L-2 standard may count toward meeting the minimum area standard. Chapter 18.350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS 18.350.050 Design Standards C. Facade design.All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade. Different features may be used on different facades of the same building. 5. Distinct base and top. The first story-rotHoor is visually distinguished from the upper storiesfleers by including a belt course and at least one of the following: 7. Enhanced entrances or awnings. b. A permanent architectural feature is provided above all first-storvground-#leer windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.060 Parking Structure Design Standards A. First-storyGreund leer windows and wall openings. All parking structures must provide floor .. • .. . : . - . . .. All street-facing facadesAny wall facing the street must include windows, doors, or display areas-equal-te-at least-on a minimum of 20 percent of the first-story facade area _ :. -: ':: : : -- -- excluding those portions of the facadefacc devoted to vehicular access: ' • -- : - : : - ' , stairwells,elevators,and centralized payment booths.Required windows must have a sill no more than 4 feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than 2 feet above finished floor wall up to a maximum sill height of 6 feet above grade. Chapter 18.435 SIGNS 18.435.090 Special Condition Signs E. Awning signs. 3. The standards for awning signs in all other zones are provided below. a. The copy on awning signs may net-extend above the upper surfaces of the awning structure= provided it does not extend above the roof of the associated building. They may be hung below the awning if the sign clears the sidewalk by at least 8.5 feet; 18.435.130 Base Zone Regulations Omnibus Amendments Page 18 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment B. C-G and MUE zones. Signs other than the following are prohibited in the C-G and MUE zones: G. MU-CBD and TMU zones.The following signs are allowed in the TMU zone and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District are subject to the residential zone sign standards in Subsection 18.43 5.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the C-G zone sign standards in Subsection 18.435.130.B. 4. Projecting signs, including awning signs. b. A building may have the following additional projecting signs: ii. A building may have one or more additional projecting signs where the signs are perpendicular to the building face,less than 4.5 square feet in size per sign face,and located less than 10 feet from sidewalk grade as measured from the top of sign. The number of additional signs may not exceed the number of first-storygreund-deer tenant spaces in the building. 5. Pedestrian-oriented roof signs. b. The maximum number of signs allowed is equal to the number of first-storygreundfleer tenant spaces in the building. 6. A-frame signs. a. The maximum number of A-frame signs allowed is equal to the number of first-storyground fleef tenant spaces in the building or the equivalent of one sign for every 30 linear feet of street- facing building facade,whichever is greater. H. Mixed-use zones except MU-CBD and TMU zones. Sign standards for the MUE, MUE-1, MUE-2, MUC, MUC-1, and MUR zones are located in their respective plan districts in Chapter 18.620, Bridgeport Village Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. Chapter 18.440 TEMPORARY USES 18.440.020 Applicability C. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 5. Seasonal and special events located entirely within the PR zones er-public right-of-way, or city- owned property provided the use has received a special event permit pursuant to Tigard Municipal Code Chapter 7.48'- •- ' ' • _ •. -• . .. . -. . ' . . ' e' -. . . designee,and the use in the public right of way has been approved by the Police Chief or designee. 18.440.030 Types of Temporary Uses Omnibus Amendments Page 19 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire,windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unitresidence on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwellinglhettsing unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city.This includes the use of one dwellingunit in a subdivision as a"model home" for purposes of showing prospective buyers. 18.440.050 Approval Criteria C. Temporary sales office or model home.The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 2. Model home. b. The property to be used for a model house must be a permanently designed dwelling unitctructuro. Chapter 18.510 SENSITIVE LANDS 18.510.010 Purpose G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The special flood hazard area or 1996 flood inundation line, whichever is greater; 2. Natural drainageways; 3. Wetland areas that are regulated by the other agencies including the U.S.Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard "Wetland and Stream Corridors Map"; 4. Steep slopes of 25 percent or greater and unstable ground; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map." 6. Significant tree groves as shown on the "City of Tigard Significant Tree Grove Map': 18.510.020 Applicability B. Allowed uses with no approval required. Except as provided below and by Subsections 18.510.020.D, F, and G of this section, the following uses are allowed uses within drainageways, slopes that are 25 Omnibus Amendments Page 20 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment percent or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" excludes: children's play equipment, picnic tables, sand boxes, grills, basketball hoops, and similar recreational equipment. 7. Fences; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 8. Accessory structures that are less than 120 square feet in size; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 9. Land form alterations involving up to 10 cubic yards of material;except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 18.510.040 General Provisions for Special Flood Hazard Areas R. Definitions. The following definitions are only applicable to this chaptersestien: Omnibus Amendments Page 21 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Chapter 18.510 SIGNIFICANT TREE GROVES Table 18.520.1 Density Transfer for Preservation of Significant Tree Groves Detached Sq.Ft. Attached Sq.Ft. Duplex Multifamily Residential Percent Tree Grove Percent Tree Grove Percent Tree Grove Percent Tree Zone Canopy Preserved Canopy Canopy Grove Canopy /Min.Lot or Unit Preserved/Min.Lot Preserved/Min.Lot Preserved/Min. Area or Unit Area or Unit Area Unit Area R-1 25-49%/22,500 sq ft (30,000 sq ft 50-748%/15,000 sq Not Allowed Not Allowed Not Allowed per unit) ft 75-100%/7,500 sq ft R-2 25-49%/15,000 sq ft Allowed with 75%or (20,000 sq ft 50-748%/10,000 sq greater tree grove per unit) ft canopy Not Allowed Not Allowed 75-100%/5,000 sq ft preservation/5,000 sq ft R-3.5 25-49%/7,500 sq ft Allowed with 75%or Allowed with 75%or (10,000 sq ft 50-748%/5,000 sq ft greater tree grove greater tree grove per unit) 75-100%/2,500 sq ft canopy preservation canopy preservation Not Allowed 2,500 sq ft /5,000 sq ft R-4.5 25-49%/5,625 sq ft Allowed with 75%or Allowed with 75% or (7,500 sq ft 50-7428%/3,750 sq ft greater tree grove greater tree grove per unit) 75-100%/1,875 sq ft canopy canopy preservation Not Allowed preservation/1,875 sq /3,750 sq ft ft R-7 25-49%/3,750 sq ft Allowed with 75%or Allowed with 75%or (5,000 sq ft 50-7428%/2,500 sq ft greater tree grove greater tree grove per unit) 75-100%/1,250 sq ft canopy preservation canopy preservation Not Allowed /1,250 sq ft /2,500 sq ft R-12 Apartment and single detached house transfer allowed at the following densities: (3,050 sq ft 25-49%tree grove canopy preservation/2,288 sq ft/unit per unit) 50-74520%tree grove canopy preservation/1,525 sq ft/unit 75-100%tree grove canopy preservation/763 sq ft/unit R-25 Apartment and single detached house transfer allowed at the following densities: (1,480 sq ft 25-49%tree grove canopy preservation/1,110 sq ft/unit per unit) 50-7428%tree grove canopy preservation/5,200 sq ft/unit 75-100%tree grove canopy preservation/370 sq ft/unit R-40 Apartments and single detached houses allowed with no upper density limit. (None) Omnibus Amendments Page 22 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Chapter 18.620 BRIDGEPORT VILLAGE PLAN DISTRICT 18.620.070 Design Standards D. Building design standards. Nonresidential buildings must comply with the standards below. Residential-only and mixed-use buildings where at least 50.1 percent of the floor area of the building is residential must comply with Section 18.620.080. 1. First story -feer windows. All Sstreet-facing facadesele*atiens within the required building setback(0 10 feet)along public streets must include windows,doors,or display areas on a minimum of 50 percent of the first-story facade area _ .. : ':: . : _. . . . -. . -.. .._ : .The first-story facade fe nd f^^ allarea is measured from 3 feet above grade to 9 feet above grade the entire iengthwisith of the street-facing facadeelevatien. .._ . . _ _ . Up to 50 percent of the first-storyground-leer window requirement may be met on an adjoining facadeelevatien provided all of the requirement is located at a building corner. 18.620.080 Design Compatibility Standards A. Front facades. All primary first-storjgreund-€leer common entrances or individual entrances of street-facing frontage-dwelling units must be oriented to the street, not to the interior or to a parking lot. The front facadeelevatien of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays, dormer windows, and roof pediments are encouraged for street-facing structuresstreet to create visual interest. C. Unit definition.Each dwelling unit must be emphasized by including a roof dormer or bay windows on the street-facing facadeelevatien, or by providing a roof gable or porch that faces the street. First- storyGround level dwelling units must include porches that are at least 48 square feet in area with no dimension less than 6 feet. E. Trim detail. Trim must be used to mark all building roof lines,porches,windows,and doors that are on a primary structure's street-facing facadeselevatieus. Chapter 18.630 DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT 18.630.090 Additional Standards for Conditional Uses Within the Administrative Subdistrict B. Standards.Conditional uses within the administrative subdistrict are subject to the following: 2. First-storvGfentiel-Cleef windows. All street-facing facadeselevetiens along public streets must include windows on a minimum of 50 percent of the first-story facade areagrouna fie wall area • .. . . ... . .. . The first-story facadegreene fi,.^. "" area is measured from 3 feet above grade to 9 feet above grade the entire lengthwidth of the street-facing facadeelevatien. Glazing covered with applied window film will not be considered in the calculation to meet this standard. Omnibus Amendments Page 23 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Chapter 18.640 RIVER TERRACE PLAN DISTRICT 18.640.070 Planned Developments E. Design standards for single detached houses and rowhouses. The following design standards apply to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290, Single Detached Houses, and Chapter 18.280, Rowhouses, apply in all other situations. 5. Garages and carports.These standards are intended to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings.An illustration of garage door width is shown in Figure 18.640.6. b. Garage door width. The width of a garage door is the width of the opening as measured from inside the garage door frame. i. A dwelling unit is allowed one 12-foot-wide garage door, regardless of the total width of the street-facing facade. ii. A dwelling unit may have a garage door wider than 12 feet provided that it does not exceed 40 percent of the total width of the street-facing facade on which the garage door is located. 18.640.100 On-Street Parking B. Quantity standards.All single detached house development described in Subsection 18.640.100.A must provide the following number of on-street parking spaces: 1. For a dwelling unit with one off-street parking space, a minimum of 2 on-street parking spaces must be provided. 2. For a dwelling unit with two off-street parking spaces, a minimum of 1 on-street parking space must be provided. 3. For dwellings units with more than two off-street parking spaces,a minimum of 1 on-street parking space must be provided for every two lots with more than two off-street parking spaces that are adjacent to each other. Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT 18.650.010 Purpose B. Sub-areas. The four sub-areas located on Map 18.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor. The purpose of this sub-area is 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. The area will accommodate higher levels of vehicular circulation,while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from Omnibus Amendments Page 24 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment sin2[e4-story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 3. Scoffins Street - Commercial Street. The purpose of this sub-area 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 Street.Residential-only buildings, commercial buildings, and mixed-use developments are allowed. 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A,which is located at the end of this chapter, and on the official zoning map. 2. Pre-existing uses and development. Pre-existing lanEl uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following: 18.650.050 Development Standards B. Parking. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center Street sub-area except that any apartments must provide a minimum of 1 parking space per unit. Figure 18.650.1 Parking Location .-0,0000 a o.V,010.0 01010 osa 0 0 0 0.0:0 o;o:a.o.oio:o_a.o iv*o as o 0 0 e o P e o o d o o , o 0 o i 4, 0 a Fix Figure to read: Q D- S4 Standard 0 I o F- See Chapter 18.420 for... ag o I 78 G O a a a • o0 0 0 — o0 o H o, Parking an the side or mar of buildings 1-1 landscape standard Max.51:716 of see homage landscape not teetered Mono Mated W W e MM.lO setback landscape CR18.745 for sanMrg and tandscapkg ragoacments 18.650.060 Design Standards A. Create vibrant first stories, streetscapes, and rights-of-way; provide weather protection; and promote safety and security. Omnibus Amendments Page 25 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 2. Standards. a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first:story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street- Center Street sub-area, at least 50 percent of the first:story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. b. Primary entrances. i. Nonresidential and mixed-use buildings. (A)At least 1 entrance is required for each business with a first:story street-facing building elevation€rentitge. (C) All primary first:story common entrances must be oriented to the street or a public space directly facing the street,not to the interior or to a parking lot. ii. Residential buildings. (B)All street-facing building elevations must include awl primary first:story common entrances of to apartment developmentbuildings and individual -entrances toef rowhouses development that are front the street must be oriented to the street or public right-of-way, not to the interior or to a parking lot. c. Windows.Minimum window coverage includes any glazed portions of doors. i. Nonresidential and mixed-use buildings. (A)The minimum window area of first:story street-facing facades is 60 percent. (B) Firststory windows must have a visible transmittance(VT)of 0.6 or higher,with the exception of medical and dental offices,which may have tinted windows. ii. Residential buildings. The minimum window area of firststory street-facing facades is 30 percent. iii. Upper story#eef windows for all buildings. B. Cohesive architectural facade standards. 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first storvg}eend--feer of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard. Divide the street-facing first storvground--fleer of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose Omnibus Amendments Page 26 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment of this standard,an architectural bay is defined as the zone between the outside edges of an engaged column, pilaster,post, or vertical wall area. C. Integrated building facade standards. 1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-storvgfenwl—fleer activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i. Nonresidential and mixed-use buildings without residential component.Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade:a base(extends from the sidewalk to the bottom of the second story or the belt course that separates the first storyreeedfleer from the middle of the building); a middle(distinguished from the top and base of the building by use of building elements);and a top(roof form or element at the uppermost portion of the facade that visually terminates the facade). F. OutdoorOpen space-awl-publis-plaza. 1. Purpose.Assure adequate public, private, and shared outdoor space. 2. Standards. a. Nonresidential and mixed-use buildings without a residential component. i. Developments with sites areas greater than 60,000 square feet must include at least 1 public outdoor space with a minimum size of 600 square feet. ii. Public outdoor spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space. b. Residential and mixed-use buildings with four or more dwelling units . i. Private outdoor space. - . . - ..' . . . • . . - ..' : ' • - • - • •• , • . - .: • .. -,such as a private porch,a-deck,a-balcony, a-patio,an-atrium, or other private outdoor spacer, must be provided. (A)An average of 28 square feet of private outdoorepeft space must be provided per unit in a development. (B) In order to be counted toward the private outdooropen space standar, the private outdoorepen space provided to each dwelling unit must be a minimum of 32 square feet, with a minimum depth of 4 feet. (C) The private outdoorepen space provided must be contiguous with the dwelling unit. (D)Balconies used for entrances or exits are not considered as private outdoor open space except where such exits or entrances are for the sole use of the dwelling unit. Omnibus Amendments Page 27 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment ii. Shared outdoor space must be provided in addition to required private outdoor space. Examples include: . _. . _ ..' .••: ' • _ ._ . . . courtyards, roof decks, gardens, play areas, outdoor recreation facilities, indoor recreation room, or similar space)Shared outdoor space must be a minimum of that-is-ewer g-reateithan10 percent of the development site, except as follows: (A)Up to 50 percent of the shared outdoorepen space standard may be met by providing additional private outdoorepen space, such as balconies, porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a. (B) A shared outdoorepea space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. (C) Credit for up to 100 percent of the shared outdoorepen space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. 2. A minimum of 100 square feet of private outdoorepea space such as a private porch,yard,a deck, a-balcony,a-patio, or other private outdoor space privy is required per dwelling unit. 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan,which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the plan district:: • •• . - __ . .. _ : - . The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. C. Required new street and alley connections.Required new street and alley connections must be provided as follows. 1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor,the applicant must comply with the following: 2. For all other develo i ments. •- - . .. • • . - .. - , the applicant must comply with the following: 18.650.100 Specific Adjustments D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 2. Approval cGriteria. To qualify for a density or height bonus, a development must meet the following: Omnibus Amendments Page 28 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the dwelling units are affordable. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.650.100.D.1, except as housing that meets that standard, for the life of the development. Table 18.650.2 Density Bonuses Affordable Dwelling Units Based on Density Bonus Maximum Density 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% Chapter 18.660 TIGARD TRIANGLE PLAN DISTRICT 18.660.040 Review Process C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes development review. Land use review is the process whereby the applicant submits any required or applicant-initiated land use applications to the city for review against all applicable approval criteria and standards. The provisions of Chapter 18.770, Planned Developments, do not apply to properties in the TMU zone. 4. Adjustment application. An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. a. An adjustment application may contain multiple adjustment requests. An adjustment may be requested for any standard in this chapter unless specifically prohibited by this chapter. An adjustment may not be requested to change or eliminate a required review process. The •- - - , ... - - -- _ _ „J_ . . An adjustment request for a standard outside of this chapter is subject to the provision of Chapter 18.715,Adjustments. 18.660.050 Pre-Existing Development and Approvals D. Sites with pre-existing development. 4. Pre-existing buildings that do not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may continue and be modified subject to the standards in Table 18.660.2. Applicable standards only apply to the proposed modification and not to the non-modified portion of the existing building. Modifications that expand a building may be vertical (e.g. second story addition), horizontal(e.g.first-story etn d leer expansion), or both(e.g. 2-story addition). Omnibus Amendments Page 29 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 18.660.080 Building Design Standards B. Building height. The maximum allowed building height is 6 stories, except for properties shown on Map 18.660.A that have a maximum allowed building height of 4 stories. Basements, as defined in Chapter 18.30,Definitions,are not considered stories for purposes of meeting this standard.The height standard for each type of story is provided in Table 18.660.7.Vertical building projections not used for human habitation such as chimneys, flag poles, and elevator shaft housings are exempt from the building height standards of this chapter, expect for wireless communication facilities, which are subject to the standards in Chapter 18.450, Wireless Communication Facilities. Table 18.660.7 Height by TV pe of Story Type of Story Height GrexndFirst story 12 feet(min.)and 25 feet(max.) Middle stories 14 feet(max.) Top story 18 feet(max.) E. Building facade windows. Building facade windows are required as follows: Table 18.660.8 NI Minium \V'indoww Area Type of Story and Use Minimum Window Area effetmdFirst Story: Mixed-Use and Nonresidential 50%of facade Upper Stories: Mixed-Use and Nonresidential 30%of facade GfeimEIFirst Story: Residential Only 30%of facade Upper Stories:Residential Only(Does not apply to stories with sloped 15%of facade roofs or dormers) Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability B. Conflicting standards.The following standards apply to all nonresidential and mixed-use development located within the Washington Square Regional Center Plan District within the MUC,MUE,and MUR zones. The standards and requirement in this chapter govern in the event of a conflict. 18.670.050 Pre-Existing Uses and Developments Pre-existing dwellinglietisifig units in mixed-use zones are allowed. Conversion of pre-existing dwellinRiletisifig units to other uses is subject to the requirements of this chapter. Notwithstanding the provisions of Section 18.50.040, pre-existing land uses and associated development that were lawfully in existence at the effective date of the Washington Square Regional Center Plan District are treated as lawful or approved uses and developments. 18.670.070 Site Design Standards B. Building placement on arterials and collectors. Omnibus Amendments Page 30 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 1. Purpose. Architecture helps define the character and quality of a street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and first-storygre+md-ileer uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. 18.670.080 Building Design Standards B. First-storyGr-etind-fleor windows. 1. Purpose.Blank walls along the street frontage tend to be neglected and are not pedestrian friendly. Windows help keep "eyes on the street" that promote safety and security and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from first-storygro� loor windows also adds to the presence of activity and the sense that someone is home. 2. Standard. All street-facing facadesetevatietis within the required building setback (0 to 10 feet) along public streets must include windows,doors,or display areas on a minimum of 50 percent of the first--story fa ade area:- .. •. :. . . _. • • , . . _. . openings. The first-story facadegreund leer-wall area is measured from 3 feet above grade to 9 feet above grade the entire len2thwidth of the street-facing facadeelevatieft. The ground foor 0 to-ground-level. Up to 50 percent of the first-stored window requirement may be met on an adjoining,facadeelevatiert provided the entire requirement is located at a building corner. Chapter 18.710 LAND USE REVIEW PROCEDURES 18.710.030 General Provisions B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications,planned development review,sensitive lands review(Type II and III),site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 18.710.120 Special Procedures C. Affordable housing developments. Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete, provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwellintnesideitial units; 2. At least 50 percent of the dwelling units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County, or for the state,whichever is greater; and 3. The development is conditioned on the recording of a covenant appurtenant, prior to the issuance of a certificate of occupancy,that prohibits the sale or rental of any affordable dwainiffesideatift4 Omnibus Amendments Page 31 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment unit used to meet the standard of Paragraph 18.710.120.C.2, except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. Chapter 18.715 ADJUSTMENTS 18.715.040 Approval Process An adjustment-Adjustment-applications-are is processed through a Type II procedure as provided in Section 18.710.060. (Ord. 18-28 §1) 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; and a. Has only minor impacts on surrounding properties or public facilities;or b. Addresses a site constraint or unusual situation; or c. Utilizes innovative design or results in sustainable development. 24. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable;and 4. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone. Chapter 18.720 ANNEXATIONS 18.720.020 Approval Process Omnibus Amendments Page 32 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment A. A Qguasi judicial annexation applications-are is processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. B. A',legislative annexation application s aro is processed through the Legislative procedure,as provided in Section 18.710.110. Chapter 18.730 DIRECTOR DETERMINATIONS 18.730.040 Approval Process ications--€er-a A Director determination application /sore processed through a Type I procedure, as provided in Section 18.710.050. Chapter 18.740 CONDITIONAL USES 18.740.050 Approval Criteria G. Adequate public facilities are available to serve the proposed development or use at the time of occupancy. Chapter 18.760 HOME OCCUPATIONS 18.760.020 Applicability B. Exemptions.The following activities and uses are exempt from the provisions of this chapter: 3. fiemeFamily day care uses; 5. Legal nonconforming home occupations as provided in Section 18.760.090078. 18.760.030 Approval Process A. Type I home occupations,A Type I home occupation application-are is processed through a Type I procedure, as provided in Section 18.710.050. B. Type II home occupation permit. A Type II home occupation application-are is processed through a Type II procedure, as provided in Section 18.710.060 18.760.050 General Provisions All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.060938. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or Omnibus Amendments Page 33 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 528 square feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire,health, and housing codes. F. A dwelling unit may have more than one home occupation,provided that the combined floor areaspace used for the home occupations does not exceed the square footage limitation imposed in SubsectionPafagFaph I8.760.040.DA 4. Each home occupation must apply for a separate home occupation permit, if required by this chapter. Chapter 18.770 PLANNED DEVELOPMENTS 18.770.070 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the consolidated or concept plan proposal is consistent with the purpose of this chapter as embodied by the approval criteria listed in Subsections 18.770.060.A and B. Conditions may include but are not limited to the following: H. Requiring pedestrian-oriented design features such as building awnings,first-storyground-floor windows and entries,or street-facing facades; Chapter 18.790 TEXT AND MAP AMENDMENTS 18.790.020 Legislative Amendments A. Approval process. A Llegislative amendments application isare processed through a Legislative procedure, as provided in Section 18.710.110. B. Approval considerations.A recommendation or a decision for a legislative amendment applicationmay be based on consideration of the applicable legal requirements. They may, but do not necessarily include:Oregon Revised Statues,Oregon Administrative Rules,one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.790.030 Quasi-Judicial Amendments A. Approval process. 1. A Qguasi judicial zoning map amendments application that does not require a comprehensive plan map amendment afeis processed through a Type III-PC procedure, as provided in Section 18.710.070. 2. A Qguasi judicial comprehensive plan map amendments application isare processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. 3. A Qguasi judicial zoning map amendments application that requires a comprehensive map plan amendment Deis processed through a Type III-Modified procedure, as provided in Section Omnibus Amendments Page 34 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. Chapter 18.810 LOT LINE ADJUSTMENTS AND CONSOLIDATIONS 18.810.020 Approval Process A. Approval process. aApplications-€er lot line adjustments and-let consolidations application is are processed through a Type I procedure, as provided in Section 18.710.050. 18.810.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: 1. An additional lot is not created by the lot line adjustment or lot consolidation, and the existing lot or lots are not reduced below the minimum lot size. 2. The reconfguredpreposed lots and existing structures comply with all applicable development standards. 3. The reconfiguredprepesed lots comply with the following: a. AIlEach lots intended for residential development mustheusing meet the density standardreguirements for the housing type proposed. de. Each lot intended for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. e€ Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: jg. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. gh. Lots using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the lot line adjustment or consolidation application. This Omnibus Amendments Page 35 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment deed restriction cannot be removed except through another land division or lot line adjustment process. Chapter 18.820 LAND PARTITIONS 18.820.030 Approval Process A. Approval process. A r-land partition application isare processed through a Type II procedure, as provided in Section 18.710.060. 18.820.040 Approval Criteria The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: C. AllThe proposed improvements meet city and applicable agency standards; D. AllThe proposed lots comply with the following: 1. AllEach lots created for residential development must ries meet the density standardrequirements for the housing type proposed. a. The lot is less than 1.5 times the minimum lot size, or 4§. Each lot for_quad, rowhouse, or sinrle detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of aft existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. 56. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: 67. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 7$. Lots created using the density and dimensional standards for cottage cluster,courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the partition application.This deed restriction cannot be removed except through another land division process. Chapter 18.830 SUBDIVISIONS 18.830.020 General Provisions Omnibus Amendments Page 36 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment A. Approval through two-step process. An subdivision application is processed through a two-step process:the preliminary plat and the final plat. 18.830.030 Approval Process A. Approval process. Applications for a preliminary plat application isfor subdivi ion are processed through a Type II procedure, as provided in Section 18.710.060. An application for subdivision may also be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770, Planned Developments. 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria.The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable regulations; 2. AlIThe proposed lots must comply with the following: develop be. Each lot for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of an existing natural features or lot linesshai3e. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. cd. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: de. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another land division process. 18.830.050 Zero Lot Line Development B. Approval criteria. The approval authority will approve or approve with conditions an application for a zero lot line development when all of the following are met: 1. There must be a 10-foot separation between each residential dwelling unit or garage; Chapter 18.920 ACCESS,EGRESS,AND CIRCULATION 18.920.030 General Provisions Omnibus Amendments Page 37 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment E. Surfacing. Driveways and drive aisles must be paved with a dust-free, hard-surfaced material, or utilize a turf grid or open joint pavers. F€3.Curb cuts. Curb cuts must be in compliance with Subsection 18.910.030.0. GP.Pedestrian access. Paths for pedestrian access and circulation are required to, through, and sometimes between development sites.Path standards are provided in 18.200 Residential Development Standards, 18.300 Nonresidential Development Standards, and Chapter 18.410, Off-Street Parking and Loading. Additional standards may also apply if the site is located in a plan district. H . Inadequate or hazardous access. /14. Access management. JI. Minimum access requirements for residential uses. 1. Vehicle access, egress, and circulation for nonresidential uses must comply with the standards provided in Table 18.920.2. Table 18.920.2 Vehicular Access/Egress Requirements: Nonresidential Uses Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 19-99 1 30 ft 24 ft curbs required 2 30 ft 24 ft curbs required 100+ 1 50 ft 40 ft curbs required 2. Vehicular access to apartment structures must be within 50 feet of the first-storyground—€leer entrance or the first-stoker landing of a stairway, ramp, or elevator leading to the dwelling units. KJ. Minimum access requirements for nonresidential uses. 2. Vehicular access must be provided to nonresidentialcpmmercin! or industrial uses, and be located within 50 feet of the primary first-sto entrances; LK.One-way vehicular access points.Where a proposed parking facility indicates only one-way traffic flow on the site, it must be accommodated by a specific driveway serving the facility; the entrance drive must be situated closest to oncoming traffic and the exit drive must be situated farthest from oncoming traffic. ML. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: Omnibus Amendments Page 38 of 38 Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes, December 2,2019 Location: Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Alt. Commissioner Quinones Commissioner Roberts Alt. Commissioner Sarman Commissioner Schmidt Commissioner Tiruvallur Commissioner Watson Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire, Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Associate Planner, Agnes Lindor; Dave Roth, Sr. Transportation Planner COMMUNICATIONS —None. CONSIDER MINUTES President Feeney asked if there were any additions, deletions, or corrections to the October 21 minutes; there being none, President Feeney declared the minutes approved as submitted. OPEN LEGISLATIVE PUBLIC HEARING DEVELOPMENT CODE AMENDMENT (DCA)2019-00002 2019 OMNIBUS TEXT AMENDMENTS PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC). Amendments to the development code will streamline the residential use category, modify lot standards for different housing types, and clean up minor inconsistencies. LOCATION: Citywide December 2,2019 Page 1 of 5 Attachment 2 STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report using a PowerPoint (Exhibit A). She noted that the focus of the amendments is general housekeeping and terminology as well as updating ineffective regulations. Some of the housekeeping items include correcting some references (some code changes impacted the references and the code). The other portion is to update phrasing—we are replacing "dwelling" or "unit" with "dwelling unit" as well as "floor" and "level" with "story." We are also providing consistent phrasing such as "An application for XX shall be processed through a Type XX procedure, as provided in Section XX." She noted that two of the commissioners had made suggestions that staff took into consideration. Regarding Policy Changes: Removing and Replacing Ineffective Regulations > Updating regulations for housing to comply with State • Update the definition of"Story" to be consistent with the Oregon Residential Structural Code. ➢ Consolidate the Household Living and Group Living categories into one category: Residential Use. > Remove the lot width/depth standard. ➢ Modify the rectilinear standard to only apply to quads, rowhouses, and single detached houses. Ms. Lindor thanked Commissioners Hu and Jackson for their comments and noted that staff will incorporate the suggested changes into the City Council draft. There were a couple of suggestions that staff addressed as well—one on page 3 18.60.040A2: there was a suggestion to add the phrase "a dwelling unit" in front of"an institution or facility." Staff is proposing to not add that phrase and she went on to explain. What this definition was trying to get at is to account for those types of facilities, like assisted living, that don't necessarily have individual dwelling units and the components of the dwelling units are shared among the residents, so they have a central kitchen, or a central dining room. We still want to consider those residential uses even though they don't necessarily meet the dwelling unit definition. The other suggestion is regarding page 15 18.270010D: staff suggests leaving the last phrase "single detached houses" as is, to be consistent with chapter 18.290 which is called "single detached houses" — so this is an effort to be consistent with that. She noted there were two requests from the public for a copy of the code amendments —which were provided. There were no other requests or comments from the public on this. December 2,2019 Page 2 of 5 Attachment 2 The public hearing is scheduled for January 7 for City Council. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed development code text amendments (Exhibit B) with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. QUESTIONS Commissioner Jackson: On page 20 the category of significant tree groves was added under sensitive lands. To my recollection we've been honoring those — so I'm curious as to what extent that will change some of our past decisions, for instance. This came up because typically when there's a significant tree grove, there's usually another sensitive lands layer on top of it—like a significant habitat; but there are tree groves in the city that don't have the significant habitat overlay on them. In those situations, not even a tree removal permit would be required for those trees — so we wanted to at least provide that extra protection for those areas that weren't covered by other sensitive lands. For the missing middle housing types — as I recall Row Houses are still not permitted and non-conforming in most of the residential zones. Are those not covered in the same way under HB2001 as the others? And I have page 6 and page 15 in my notes —so hopefully those are accurate. I really don't know why Row Houses aren't included in the missing middle. I know that we had changed the courtyard units and quads to be allowed in the R1 and R2 zones, but it looks like Row Houses are allowed in R7 and up, and not R40... I will check on that—whether Row Houses are considered missing middle housing— before the council meeting. Commissioner Hu: Thanks for clarification on page 3 explaining why the change I proposed won't be incorporated. After your explanation, I agree with you. I didn't realize that a shared kitchen would not be considered a dwelling unit — so I agree the change shouldn't be incorporated. On page 30 for the Washington Square Plan, I think the phrase "non-residential" and "mixed-use" has been inserted in there. By adding those words, you are narrowing the scope of the chapter. Is there a reason for it? What's not shown on here is —you only see Section B. If I were to include Section A — Section A says that this chapter only applies to non- residential and mixed-use development; so this would make it consistent. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —None. PUBLIC HEARING CLOSED DELIBERATION December 2, 2019 Page 3 of 5 Attachment 2 Commissioners expressed support for the proposed amendments. MOTION Commissioner Schmidt made the following motion "I move that the Planning Commission forward a recommendation of approval to the City Council of application DCA2019-00002 and adoption of the findings and conditions of approval contained in the staff report, if appropriate, and based on the testimony received." The motion was seconded by Commissioner Roberts. VOTE All in favor, none opposed, none abstained. RESULT Motion to recommend approval to Council carries and passes unanimously (9-0). BRIEFING TRANSPORTATION SYSTEM PLAN (TSP) UPDATE Sr. Transportation Planner Dave Roth introduced himself and went over a PowerPoint (Exhibit C). He explained that the TSP is essentially a set of policies, programs and projects that address the multi-modal transportation needs within Tigard's Urban Growth Boundary over the planning horizon (2035). It also serves as the transportation element of Tigard's Comprehensive Plan. He noted that if you look at the Comprehensive Plan and the TSP —they essentially mirror each other in policies, goals, objectives and actions. The current plan was adopted in 2010 after a year and a half planning process. That process utilized a Transportation Growth Management Grant funding source. For the update that we're moving forward on now, we're using local funding 100% for the project—and there are some benefits to that. Having control over the whole process is nice this round. The TSP satisfies Oregon Statewide Planning Goal 12: Transportation. We need to create a transportation system plan that considers all relevant modes of transit... public transportation, walking, cycling, personal cars, freight... everything that's using our transportation system. At a high level, the Transportation System Plan has goals around coordinating land use and transportation; efficiency of mobility - getting people around the city where they need to go; creating a multi-modal system that works for all types of users; always focusing on safety. Inter- agency coordination is very important to us because we have ODOT roads running through the city and we also coordinate very closely with Washington County and our neighboring cities as well. There's a section on Transportation Funding— funding the projects and programs that are identified in the System Plan. December 2, 2019 Page 4 of 5 Attachment 2 He explained why we are updating our TSP now. It's timely because we've adopted some new policies that impact our transportation system. For example, we have our Strategic Plan vision which calls for Tigard to be the most walkable community in the Pacific Northwest. And just last summer we adopted a Complete Streets Policy that specifically calls out the City needing to plan, build, maintain and operate a transportation system that works for all users of all ages. Additionally, Tigard is adding people - and those people need to get around - and that impacts our transportation system. So, it's a good time to level set, figure out what our current baseline is, and how growth is going to be impacting the network—and what we need to do in terms of programs and projects to address the need. There is a lot of development activity on the western edge of town—River View Terrace and others on the west side. We also have activity picking up in the Tigard Triangle and downtown, and along corridors such as Hwy99W. Things are changing—it's time to go back and re-evaluate the programs, projects and policies. Finally, he noted that we also must be consistent with Metro's regional Transportation Plan. They just adopted a new plan in December 2018. We need to ensure that our plan is consistent with their regional plan. We will have a very robust public engagement component to this project. We will hold a conversation with the community on transportation issues and priorities so we can evaluate and re-set/adjust our goals and policies going forward. QUESTIONS/COMMENTS Dave asked the question "What transportation-related issues are of concern or interest for our community?" Among others, there were several general transportation questions and comments from the commissioners ranging from congestion problems; requests for increased parking for WES; transit needing to be efficient and timely; photo radar cameras with count down timers; to the idea of whether it's possible to have dedicated bus priority lanes. OTHER BUSINESS Assistant Community Development Director Tom McGuire explained the big projects that will be coming up in the new year. He informed the commissioners that the new Sr. Planner position has been filled by a current employee. Associate Planner Schuyler Warren began his new role as Senior Planner on December 2nd. President Feeney adjourned the meeting at 8:30 p.m. Doreen Laughlin, Planning Commission Secretary A WEST: President Brian Feeney December 2,2019 Page 5 of 5 CITY OF TIGARD Respect and Care I Do the Right Thing Get it Done ;" S , T I GARD 2019 Omnibus Code Amendments DCA2O1 9-00002 Public Hearing City Council I January 7, 2020 CITY OF TIGARD Purpose and Recommendation: City Council to adopt the 2019 Omnibus Code Amendment Package as recommended by Planning Commission. C 1 "1' Y O I'' T I ( ; A R I) Policy Changes Removing and Replacing Ineffective Regulations ➢ Updating regulations for housing to comply with State ➢ Update the definition of "Story" to be consistent with the Oregon Residential Structural Code. ➢ Consolidate the Household Living and Group Living categories into one category: Residential Use. • Remove the lot width/depth standard. ➢ Modify the rectilinear standard to only apply to quads, rowhouses, and single detached houses. CITY OF TIGARD Focus of Amendments General Housekeeping and Terminology ➢ Correct references ➢ Consistent phrasing o Replace "dwelling" or "unit" with "dwelling unit" o Replace references to "floor" or "level" with "story"; o Consistent phrasing changes such as, "An application for XX shall be processed through a Type XX procedure, as provided in Section XX" CITY OF TIGARD Recommendation: City Council to adopt the 2019 Omnibus Code Amendment Package as recommended by Planning Commission. CITY OF TIGARD Questions/Discussion