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10/02/2017 - PacketPLANNING COMMISSION AGENDA – October 2, 2017 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 2 City of Tigard Planning Commission Agenda MEETING DATE: October 2, 2017 - 7:00 p.m. MEETING LOCATION: City of Tigard – Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:04 p.m. 5. PUBLIC HEARING 7:05 p.m. ADMINISTRATIVE PROCESS AND PROCEDURES – PHASE I DEVELOPMENT CODE AMENDMENT (DCA)2017-00003 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The focus of the amendments are on: 1. General housekeeping to increase consistency and remove redundancies; 2. Reorganizing and consolidating the current code structure; 3. Replacing and removing outdated and ineffective regulations; 4. Streamlining existing processes and procedures; and 5. Addressing minor deficiencies in the code. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), and 2 (Land Use Planning); METRO’s Urban Growth Management Functional Plan Title 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.11, and 2.1.14; and Tigard Development Code Chapters 18.380 and 18.390. 6. OTHER BUSINESS 8:25 p.m. 7. ADJOURNMENT 8:30 p.m. October 2, 2017 Page 1 of 5 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 2, 2017 CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. The meeting took place in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: President Fitzgerald Commissioner Hu Commissioner Jackson Commissioner Middaugh Alt. Commissioner Mooney Commissioner Schmidt Absent: Vice President Feeney; Commissioner Fahr; Commissioner Lieuallen; Commissioner McDowell Staff Present: Tom McGuire, Assistant Community Development Director; Doreen Laughlin, Executive Assistant; Agnes Lindor, Associate Planner COMMUNICATIONS – None. CONSIDER MINUTES September 11, 2017 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the September 11 minutes; there were none, and the minutes were approved as submitted. OPEN LEGISLATIVE PUBLIC HEARING President Fitzgerald opened the public hearing. PUBLIC HEARING - ADMINISTRATIVE PROCESS AND PROCEDURES – PHASE I Development Code Amendment (DCA) 2017-00003 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The focus of the amendments are on: 1. General housekeeping to increase consistency and remove redundancies; 2. Reorganizing and consolidating the current code structure; 3. Replacing and removing outdated and ineffective regulations; 4. Streamlining existing processes and procedures; and 5. Addressing minor deficiencies in the code. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), and 2 (Land Use Planning); METRO’s Urban Growth Management October 2, 2017 Page 2 of 5 Functional Plan Title 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.11, and 2.1.14; and Tigard Development Code Chapters 18.380 and 18.390 STAFF REPORT Associate Planner Agnes Lindor explained that this public hearing is on the Phase I Code Amendments of the Administration and Procedures project. Using a PowerPoint (Exhibit A) she went over the five main focus areas that Phase I consists of. She noted that in the staff report she had provided a summary of changes specific to each Chapter so she did not go over them individually at this time. (Staff reports are available on-line one week before each public hearing.) Agnes went over the additional comments that had been recently received and had been distributed at the start of the meeting. A written comment came in from the Department of Aviation (Exhibit B). She noted that this one will be addressed during Phase II. She had received a call the morning of this hearing from Ms. Karen Connolly asked what this project was about. Agnes spoke to her and told her that it was unlikely that these changes would affect her – Ms. Connelly has a single-family house that doesn’t look like it had the potential of being subdivided further. There were two other written comments – one from Mr. Dodd Fischer (Exhibit C) regarding his property in the Washington Square Regional Center and another one from Cam Dutz (Exhibit D) regarding accessory structures for residential zones increasing the size from 528 to 578. So far as a timeline, next step would be a public hearing with City Council on November 14, and if approved the ordinance would be effective with the Tigard Triangle Rezone - which will be scheduled to go before the Planning Commission in December and then before City Council in January. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments; with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. QUESTIONS Is the newspaper notice requirement change included in the code amendment we’re considering tonight? Yes it is, however it’s not reflected in the actual document. It’s reflected in the memo dated October 2 that was emailed out on Thursday (Exhibit E). What is the timing of Phase II? Assistant Community Development Director Tom McGuire answered, “It will get started in earnest about the first of the year. But as far as when we have that ready to come to you, I don’t have a time yet. There are many different types of topic issues that are part of Phase II, and they’re going to be on different public review and information timelines. For instance, we’re looking at making some changes to the rules that affect accessory residential units, so we’re going to take a more in-depth public approach with that. We’ll have some public meetings before we get to Planning Commission – we’ll have some discussion of the various ideas from that. We’re looking at – hopefully a year from now that we can have a draft. Commissioner Hu: Regarding the notice requirement - does the state law require that the city provide the notice or can we ask the applicant to provide the mailing? No – the city is October 2, 2017 Page 3 of 5 required to do the mailing. Also, I really don’t like the word “shall” because that’s not a word we use in everyday language. I’m disappointed to see the word “will” changed to “shall” when I actually think it should be the other way around. We should get rid of the word “shall” as much as possible because it’s not everyday language. I just want to put that out there. And there’s no definition for will not, shall not, may not – I think, legally speaking, they might be different things, so maybe we can look at how they’re being used and maybe put in specific definitions for will not, shall not, and may not. I know there are definitions for shall and will, but I’m talking about the negative. (President Fitzgerald interjected to the public in attendance that Commissioner Hu is also a practicing lawyer.) I also have some typos (scrivener errors) to point out, but will do that later. Commissioner Middaugh: Staff is allowed to make minor changes such as spelling and scriveners’ errors, right? So we don’t need to have a public hearing for these small minor changes, right? Agnes answered, “Right. If you have gone through them and find them – please email them to me so I can go through them and make the changes.” What is staff’s position on Mr. Caines overlay zone? We wouldn’t be doing anything on that until Phase II. Also, what about the letter from Mr. Dodd? This will be considered in Phase II as well. TESTIMONY IN FAVOR Jack Bond & Doug Ziebach had signed up to speak, but declined to speak for the record. Greg White 3250 NW Yeon Ave. Portland, OR 97210 said he was speaking on behalf of himself and Dobb & Nancy Fischer – who are all three-year owners in the property that the Chair Outlet occupies on Greenburg Road at 9285 SW Greenburg Road. He said he appreciated the work put into this. He said the letter that had gone out (Exhibit C) basically says what they want to express and that they are all for the proposal and want to make sure that during the second phase they have the opportunity to address their issue. TESTIMONY IN OPPOSITION Cleon Cox – 13580 SW Ash Ave., Tigard said he was neither for nor against – he just signed up against because there was more room on the page. He said he received a mailing notice of this meeting so he decided to come in to see what it was about. He wondered if the staff report was searchable by staff. President Fitzgerald answered that yes, it is searchable. He pointed out a typo on page seven of the staff report – the word facilitate should be facilities. Joel Vermillion 10525 SW Tigard St. Tigard 97223 – neither for nor against. He is considering building an accessory dwelling unit for elderly parents and wants to learn more about it. He’s interested in the ADU Code and what the process would look like as they move forward. He also noted that he had received the notice just today and said he would respectfully request that these types of hearing announcements would be sent a little earlier if it was sent just in the last day or two. He would have liked to have had a little more time to have it on his calendar. October 2, 2017 Page 4 of 5 CLOSED PUBLIC HEARING STAFF COMMENTS (RESPONSE TO PUBLIC TESTIMONY) Agnes Lindor noted that she would be happy to meet with Joel Vermillion about accessory dwelling units, and will speak with him after the hearing or he can give her a call or email to set up a time to talk. Mr. Vermillion said he would do that. Agnes also noted that there is a set schedule as to mailings and the notice that he received today been mailed out on September 7. PUBLIC HEARING CLOSED President Fitzgerald closed the public hearing. DELIBERATION/COMMENTS Why is there no code regarding the boxes by cable companies – why isn’t there a code that says these can be a nuisance if they’re abandoned? Most often those types of things are in the right-of-way and are regulated by Public Works Engineering Department. They have a different code that’s not in Title 18. The engineering section would regulate what goes on in the right-of-way, etc. Comments from the commissioners: This reads much easier and is more consistent. Very concise. Well done. Nice job. It’s definitely much more clear and concise. It’s easier to understand. I still don’t like the word shall. I appreciated you adding the section about how to measure distance – I think that will be a great help. Lastly, I will email you the typos that I saw. I agree that the changes are an improvement. One question regarding the change in publication – could you go over the two different options please? Agnes answered, “This was in the memo that was sent last week (Exhibit E) the first option would remove the requirement for publishing, and would make it clear that the mailed notice would have certain contents - and the posted notice would have the separate contents associated with it. That would be Option 1 – it would just have requirements for the mailed notice and the posted notice. And if the published notice was kept, it would also have the contents for the mailed notice and the published and posted notice would have the same contents. So the difference is that Option 2 still requires the published notice and the first option – just the mailed and posted. So staff does not prefer option 2? That’s correct. There was some discussion and a quick poll about changing the word “Shall” to “Will” and the idea of increasing the size of accessory structures for residential zones to 576 feet. It was decided most of the commissioners were in favor of keeping the word shall and the topic of increasing the size of accessory structures will be taken care of during Phase II. MOTION Commissioner Middaugh made the following motion, “I move for the Planning Commission to forward a recommendation of approval to City Council of DCA2017-00003, C I T Y O F T I G A R D R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e Title 18 Administration and Procedures-Phase I DCA2017-00003 Public Hearing October 2, 2017Planning Commission EXHIBIT A C I T Y O F T I G A R D Focus of Phase I General Housekeeping Correct references to repealed sections Table formatting Consistent phrasing Reorganizing and Consolidating For easier use by staff and general public Consistent Chapter structure C I T Y O F T I G A R D Focus of Phase I Removing and Replacing Outdated/Ineffective Regulations Removal of outdated definitions Removal of Environmental Performance Standards, Waste Related requirements Streamlining Process and Procedures Streamlining review procedures Codifying existing practices Business days changed to calendar days C I T Y O F T I G A R D Focus of Phase I Minor Deficiencies Measurements Chapter, including new lot width definition Revision to density calculation Lot consolidation process C I T Y O F T I G A R D Reorganization Table Proposed Chapter numbering and current Chapter numbering Some current chapters replaced and repealed with new chapters (no strikeout/underlines) “Amended” (in table) chapters have strikeout/underlines and code commentary Chapters without “amended” have strikeout/underline and minor changes without code commentary Some current chapters repealed and not replaced C I T Y O F T I G A R D Overall Document Changes Terminology and Phrasing o Replace “zoning district(s)” with “base zone(s);” o Replace references to “director” or ”hearings officer” with “approval authority;” o Standardizing hyphenated words: “multi-family” replaced with “multifamily;” “multi-modal” replaced with “multimodal;” “drive-thru,” “drive-in” and “drive-up” replaced with “drive- through;” o Replace terms “contained in,” “governed by,” “listed in,” “stated in,” and any other variation are replaced with "as provided by,” and “as required by;” C I T Y O F T I G A R D Overall Document Changes Terminology and Phrasing o Replace terms “in accordance with” and “per” with “in compliance with;” o All titles (i.e. director, planning commission, city council) lower case including “city” unless stated as “City of Tigard;” o Consistent phrasing changes such as, “An application for XX shall be processed through a Type XX procedure, as provided in Section XX, using the criteria in Section XX;” “An application for a XX shall be approved when the following are met;” and “The approval authority shall approve or approve with conditions a XX application when all of the following are met.”. C I T Y O F T I G A R D Policy Changes Density Calculation Current code allows subtracting the lot on which existing home will remain. Lot must be at least the minimum size required by the base zone Much larger lots are proposed and project doesn’t meet density Conflicts with comprehensive plan and Metro Housing Rule Proposed change is to require lot with existing house to count toward determining density C I T Y O F T I G A R D Policy Changes Lot Width Measurement Current code, no measuring method for lot width and standards for average lot width Applicant demonstrates on “average” the lot meets the requirement Resulting in oddly shaped lots and varying measurement methods Proposed method provides for consistency, better configured lots, more street presence and easier administration of setbacks C I T Y O F T I G A R D Policy Changes Business vs. Calendar Days Current code is inconsistent and switches between calendar and business days Confusing because City Hall only has four business days instead of five Risk for procedural error and subject to appeal Proposed change to calendar days. Ten business days = 14 calendar days Five business days = Seven calendar days C I T Y O F T I G A R D Next Steps City Council Public Hearing: November 14, 2017 Adopting ordinance effective with Tigard Triangle Rezone C I T Y O F T I G A R D Questions/Discussion C I T Y O F T I G A R D Lot Width Measurement measures lot width at the front building setback line C I T Y O F T I G A R D C I T Y O F T I G A R D EXHIBIT B Jemma Co, LLC 3250 NW Yeon Ave Ste W12 Portland, OR 97210 Ph. (503) 519-5372 October 2, 2017 City of Tigard ATTN: Planning Commission 13125 SW Hall Boulevard Tigard OR 97223 Re: Administrative Process and Procedures Phase I Code Updates Dear Chair Fitzgerald and Planning Commissioners: First, thank you for your service to the community as volunteers on the Planning Commission. We appreciate your interest in good planning, as well as the commitment of time and energy the role demands from you and your families. This letter is to bring to your attention our experience as the owner of property at 9285 SW Greenburg Road in Tigard (tax map 1S1 26CA, tax lot 00200). You may be familiar with this property as the location of the Chair Outlet store, on the west side of Greenburg Road a short distance south of the Hall Boulevard intersection. For almost as many as 20 years, we have been attempting to update the property to keep it relevant in serving the needs of residents of Tigard and the surrounding area; to keep it in step with a dynamic Washington Square district, after having purchased it in the late 1990’s, and after having visited the City to do our due diligence at that time. The building has been in continuous retail use during our ownership, and our current and previous tenants have enjoyed their tenancy and work hard to maintain strong retail businesses. We recognize that, in many ways, the property does not meet the City’s current development and design standards. We have proposed to remodel the site and existing buildings in ways that would bring the property more in line with numerous community objectives: examples include improving the pedestrian streetscape, bringing the front entrance closer to the street/sidewalk, site and parking lot landscaping, and revised circulation and parking. Unfortunately, however, after several meetings with City staff over more than two years, we have been unable to find a way forward. While staff has been courteous, staff’sconclusion has always been that any site changes that reduce the building floor area cannot be approved because that would take the site farther from the desired minimum floor area ratio (FAR) of 1.25 in the Mixed Use Commercial(MUC)zone. (Of course, since a single-story building covering an entire site would have FAR of 1.0, compliance with the 1.25 FAR minimum standard cannot be achieved except by construction of multi-story buildings.) So, on one hand, the property’s existing conditions (with a large single-story warehouse building and a very limited number of off-street parking spaces) make the property mismatch the needs of contemporary retail and service businesses, which need less building area and more parking. EXHIBIT C Tigard Planning Commission Administrative Process and Procedures Phase I Code Updates September 28, 2017 Page 2 On the other hand, we are told by staff that the City’s current regulations will not allow approval of any interim changes to the property that would include removal of some of the existing buildings, causing a net decrease in building floor area. This makes it impossible to “reposition” and remodel the remaining portions of buildings in line with tenants’ needs in the current leasing market. Basically, this means the only option for a property like ours is complete demolition and redevelopment with a brand-new multi-story building, because it is impractical to add floors to a building that was not designed to support such loading to begin with (to say nothing of meeting today’s seismic stability requirements). Such inflexibility is very burdensome to us and other owners of similarly situated existing developed properties. Moreover, from a community standpoint, the regulatory inflexibility also acts as a brake on the productive economic potential of the Washington Square Regional Center by preventing beneficial incremental changes and economic activity that would benefit the district as well as the City as a whole. When we met with City staff to discuss potential plans for site remodeling, staff pointed to the current amendment procedures as having potential to include Code amendments that would allow, rather than effectively prohibit, these kinds of incremental upgrades to existing properties. We are hoping to be invited to engage directly and positively with staff to explore ways this could be accomplished, hopefully leading to limited amendments to guide – and ideally encourage and support – such upgrading projects. We ask that you take interest in this apparent regulatory blind spot, and direct Planning staff to focus on solving the problem as part of these amendment proposals. Thank you for your time and consideration. Sincerely, Jemma Co, LLC Dodd Fischer Manager EXHIBIT D City of Tigard Memorandum To: Tigard Planning Commission From: Agnes Lindor, Associate Planner Re: Additional Changes for Administrative Process and Procedures- Phase I Date: October 2, 2017 Staff is proposing some additional changes/clarifications to the Chapter 18.660 Tigard Triangle Plan District and Chapter 18.710, Land Use Review Procedures. Section 18.710.070.A (Type III, Notice of Public Hearing) Staff is proposing to remove the requirement to publish the notice of public hearing in a newspaper for Type III applications and Type II appeals. There are several reasons why the city is proposing to remove this requirement. First, the state statute (ORS197.763) that established the procedures for local quasi-judicial land use hearings including the noticing requirements does not require cities to publish public hearing notices in the newspaper, it only requires a mailed notice to properties within 100 feet. The city provides the required mailed notice to properties within 500 feet of the project site as well as posting the notice online and at the project site. Publishing in the newspaper is also very costly and requires the notice to be submitted to the paper almost a week before the publish date. In addition, Staff did some research on requirements for public notices in other cities and found that more cities are also removing the requirement for publishing public hearing notices in the newspaper. Milwaukie, Portland, Tualatin, Troutdale and Bend only publish newspaper notices for legislative actions. The City of Tigard would continue to publish notices for legislative actions. Preferred OPTION 1: Remove requirement for publishing Removing requirement for publishing a public notice would require removing 18.710.070.A.1.c., adding additional language to18.710.070.A.2 and adding a new .3 as follows: 2.A mailed notice of hearing shall include: Items a through j to remain the same. 3.A posted notice of hearing shall include: a. An explanation of the application, including case number, and the proposed use or uses which could be authorized; EXHIBIT E b. A description of the proposed development site, including street address, map and tax lot number or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date, time, and location of the hearing; f. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies shall be provided at a reasonable cost; g. State that a copy of the staff report shall be available for inspection at no cost at least seven days prior to the hearing, and that a copy shall be provided at a reasonable cost. OPTION 2: Modify requirements for content of notice for posted and published notice. The other option is to revise section 18.710.070.A.2 to state: 2.A mailed notice of hearing shall include: a.An explanation of the application, including case number, and the proposed use or uses which could be authorized; b.A description of the proposed development site, including street address, map and tax lot number or other easily understood geographical reference to the proposed development site and zoning designation; c.List of criteria and development standards applicable to the application; d.Include the name and the telephone number of the city contact person to obtain additional information; e.State the date, time, and location of the hearing; f.State the failure to raise an issue at the hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the approval authority an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue; g.State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies shall be provided at a reasonable cost; h. State that a copy of the staff report shall be available for inspection at no cost at least seven days prior to the hearing, and that a copy shall be provided at a reasonable cost; i. Include a general explanation of the requirements for submittal of testimony and the procedure for conducting hearings; j. Contain the following notice: “Notice to mortgagee, lienholder, vendor, or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.” 3. A posted and published notice of hearing shall include: h. An explanation of the application, including case number, and the proposed use or uses which could be authorized; i. A description of the proposed development site, including street address, map and tax lot number or other easily understood geographical reference to the proposed development site and zoning designation; j. List of criteria and development standards applicable to the application; k. Include the name and the telephone number of the city contact person to obtain additional information; l. State the date, time, and location of the hearing; m. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies shall be provided at a reasonable cost; n. State that a copy of the staff report shall be available for inspection at no cost at least seven days prior to the hearing, and that a copy shall be provided at a reasonable cost. Section 18.710.060.A (Type II, Notice of Application) Staff proposes to remove item .4 in 18.710.060.A. - Page 635 “4. The director shall prepare an affidavit of mailing of such notice, which indicates the date the notice was mailed to the necessary parties. The affidavit shall be made of the record.” This is a duplicate of 18.710.060.A.2. Other minor edits include: 18.660.020- Applicability is numbered incorrectly. The correct number should be 18.660.020. 18.660.030- General Provisions in the new location should be Bold, Italics and Underlined. 18.660.060- Table did not get renumbered. The correct number should be 18.660.4 and should include the following below it: “P=Permitted R=Restricted C=Conditional Use N=Not Permitted 18.710.070.D- The reference should be 18.710.060.C.2 and 3. 18.710.090.A.1.c- “other” should be removed. 18.780.060.M- Replace “1981 master drainage plan” with “Clean Water Services requirements and city’s adopted stormwater master plan”. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 16 Agenda Item: # 5 Hearing Date: October 2, 2017 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I CASE NO.: Development Code Amendment (DCA) DCA2017-00003 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The proposal includes amending the Tigard Development Code (TDC). The focus of the amendments are on: 1. General housekeeping to increase consistency and remove redundancies; 2. Reorganizing and consolidating the current code structure; 3. Replacing and removing outdated and ineffective regulations; 4. Streamlining existing processes and procedures; and 5. Addressing minor deficiencies in the code. The proposed text 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) and 2 (Land Use Planning); Metro’s Urban Growth Management Functional Plan Title 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, and 2.1.14; Tigard Development Code Chapters 18.380 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1); with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 16 SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY The Administrative Process and Procedures Project is a comprehensive effort to address a host of known and identified problems in the development code. This includes a wide range of code related issues such as deferred code maintenance items, poor code construction, changes recommended as part of the 2015 Strategic Plan Code Audit, and recommendations from the 2014 Housing Report. The project is divided into two phases with the first phase concentrating on smaller non-policy issues and code reorganization, while the second phase will focus on larger policy issues that necessitate more public consideration and discussion. This staff report covers the first phase of the project and specifically focuses on the following code update areas: o General housekeeping to increase consistency and remove redundancies; o Reorganizing and consolidating the current code structure; o Replacing and removing outdated and ineffective regulations; o Streamlining existing processes and procedures; and o Addressing minor deficiencies in the code. General housekeeping The purpose of general housekeeping is to ensure the code is current and that there are no inconsistencies. This includes removing references to sections that no longer exist, reformatting tables to a consistent style, providing consistent phrasing and terms throughout the code and codifying current practices. Reorganizing and Consolidating The purpose of reorganizing and consolidating the development code is for better readability and easier use by the public. This includes several chapters being reorganized to provide a consistent format for each chapter. The introductory provisions are being consolidated from four chapters into two. Several other chapters are being removed entirely and their contents are being placed in other more appropriate chapters. For example, Chapter 18.715, Density Computations is being repealed and the contents of this chapter are being placed in either a new Chapter 18.40, Measurement or Chapter 18.110, Residential zones. Chapter 18.730, Exceptions to Development Standards is also being repealed and its contents are being placed within multiple relevant chapters. Regulations regarding the creation and configuration of lots, which are currently in Chapter 18.810, Street and Utility Improvement Standards are being moved to the land division chapters. Outdated/Ineffective Regulations The purpose of removing and replacing outdated regulations is to ensure that the code is current and complies with state and federal regulations. Chapter 18.725, Environmental Performance Standards, and Chapter 18.755, Mixed Solid Waste and Recyclable Storage are proposed to be repealed. Environmental regulations are enforced through federal and state agencies as well as other titles of the municipal code. The current code has extensive requirements for waste and recycle storage that essentially rely on the approval of the local waste hauler. We are proposing to remove these requirements from Title 18 and simply require a service provider letter from the waste hauler confirming that the local provider can provide the services. This is similar to the system that is used for several other services including stormwater through Clean Water Services. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 16 Streamlining Process and Procedures The purpose of rewriting the procedures chapter is to streamline the review process, address deficiencies and make each process as clear as possible. The major changes include chapter organization for better readability, consistent phrasing, using days instead of business days, codifying the existing practice of neighborhood meetings and clarifying the current pre-application conference requirements and procedures. Minor Deficiencies These changes are considered minor in nature however; they are a policy change. Some of the key changes include measurement of lot width, calculation of density, and procedures based on calendar days. Summary of Code Changes This section provides a finer level of detail of the changes proposed for each new chapter of the revised development code. Some types of changes are common throughout the code. These types of changes unify and standardize the entire development code through using consistent phrasing, terminology, and formatting. Terminology changes made throughout the code include:  replacing “zoning district(s)” with “base zone(s);”  replacing references to “director” or ”hearings officer” with “approval authority;”  eliminating or standardizing hyphenated words where “multi-family” is replaced with “multifamily;” “multi-modal” is replaced with “multimodal;” “drive-thru,” “drive-in” and “drive-up” are replaced with “drive-through;”  replacing terms such as “contained in,” “governed by,” “listed in,” “stated in,” and any other variation are replaced with "as provided by,” and “as required by;”  replacing the terms “in accordance with” and “per” with “in compliance with;”  making all titles (i.e. director, planning commission, city council) lower case including “city” unless stated as “City of Tigard;”  making consistent phrasing changes such as, “An application for XX shall be processed through a Type XX procedure, as provided in Section XX, using the criteria in Section XX;” “An application for a XX shall be approved when the following are met;” and “The approval authority shall approve or approve with conditions a XX application when all of the following are met.”. Because the entire development code is proposed to be reorganized and renumbered it makes it difficult to provide a clear description of what existing sections are changing versus what sections are merely being moved. In some cases whole chapters were renumbered with few edits, while in other cases the content of existing chapters was broken up and distributed to multiple new chapters. To provide some clarity, the renumbering and reorganization of the development code is shown in the Reorganization Table (the Table) and provided as Attachment B of this staff report. The Table shows the proposed Chapter/Section numbers as well as the corresponding current chapter/section numbers. In the proposed draft, chapters with significant changes are provided with commentary pages. The more extensive and complex the changes the more benefit from a detailed explanation in the commentary. The chapters with commentary are identified in the table with the word “amended”. Chapters that do not contain commentary pages do not contain significant changes. For proposed Chapters 18.10. 18.20, 18.30, 18.710 and 18.795 there is no commentary and no underline or strikethrough because these chapters are completely re- written and completely replace the corresponding existing chapters. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 16 Chapter specific changes are discussed in detail below: 18.00 Introduction The Introduction Section contains six chapters. The chapters in this section provide guidance on how to apply and read the development code (Title 18) and are meant to apply to Title 18 as a whole. The chapters include: Chapter 18.10 Legal Framework, Chapter 18.20 Administration and Enforcement, 18.30 Definitions, 18.40 Measurements, 18.50 Nonconforming Circumstances, and 18.60 Use Categories. Chapter 18.10 Legal Framework This is a new chapter that is replacing repealed Chapter 18.110, Introduction, and sections of Chapter 18.120, Definitions, Chapter 18.210, General Administrative Provisions, and Chapter 18.220, Zoning Administration. This Chapter lays out the framework of Title 18. It describes the system of zones, overlays, and special designations that exist in the city and how they are applied. Chapter 18.20 Administration and Enforcement This is a new chapter that is replacing repealed sections within Chapter 18.210, General Administrative Provisions, Chapter 18.220, Zoning Administration, and Chapter 18.230, Enforcement. This chapter states that development shall comply with Title 18 and provides enforcement measures for violations. This chapter also provides direction on vesting, modifications, historic approvals, and dealing with conditions of previous approval. Chapter 18.30 Definitions This chapter replaces the current Chapter 18.115, List of Terms and Chapter 18.120 Definitions, and includes sections from Chapter 18.780, Signs, Chapter 18.798, Wireless Communication Facilities, and Chapter 18.370, Variances and Adjustments. This chapter provides definitions for terms used throughout Title 18. Several definitions were deleted because they were not necessary, not mentioned in any other part of Title 18, or were combined with another definition. Sections on the general meaning of words and common words were moved to 18.10 and the building measurement method and several graphics on measuring the diameter of a tree were moved to Chapter 18.40. Definitions for development permit and lot consolidation were added. Other definitions were revised to comply with federal and state regulations or for clarity purposes. Chapter 18.40 Measurements This is a new chapter but contains sections from Chapter 18.120, Definitions, Chapter 18.715, Density Computations, and Chapter 18.730, Exceptions to Development Standards. This chapter establishes methods for measuring distances and other types of required measurements. The proposed method for measuring lot width is a policy change from current practice. The current Title 18 does not provide a method for measuring lot width, so the average lot width was taken for lots, resulting in oddly shaped lots with minimal street frontage. The proposed method, measured from the front setback line, will prevent oddly shaped lots. Flag lots will be acceptable through minor land partitions, as currently allowed. Chapter 18.50 Nonconforming Circumstances This chapter replaces the current Chapter 18.760, Nonconforming Situations. This chapter regulates existing nonconforming lots, uses, structures, and development within the city. This chapter was reorganized for better ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 16 readability, which is explained in the commentary. A section relating to building permits was removed from this chapter. Chapter 18.60 Use Categories This chapter is being renumbered from the current Chapter 18.130, Use Categories and contains no commentary. This chapter classifies land uses into use categories. The Community Recreation Land Use Category was renamed to Community Services, to better reflect the characteristics and examples listed within that category. 18.100 Base Zones The Base Zones Section contains four chapters. The chapters in this section provide use tables and development standards that apply to development within each applicable zone. The chapters include: Chapter 18.110 Residential Zones, 18.120 Commercial Zones, 18.130 Industrial Zones, and 18.140 Parks and Recreation Zone. The term Zoning District was replaced with Zone. Chapter 18.110 Residential Zones This chapter replaces the current Chapter 18.510, Residential Zoning Districts and sections from Chapter 18.715, Density Computations and 18.730, Exceptions to Development Standards. This chapter governs development in residential zones. The Use Table was reformatted, including renumbering of footnotes for readability and the housing types, listed under the Household Living Use Category, were moved to a separate new table. Home Occupation was removed from the use table because it is not a use category. Minimum and maximum density requirements were added to the development standards table for clarity. A section relating to accessory structures was moved to new Chapter 18.210. Chapter 18.120 Commercial Zones This chapter replaces the current Chapter 18.520, Commercial Zoning Districts and includes sections from 18.730, Exceptions to Development Standards. This chapter governs the development in commercial zones. The Use Table was reformatted, including renumbering of footnotes for readability and the housing types, listed under the Household Living Use Category, were moved to a separate new table. Home Occupation was removed from the use table because it is not a use category. The development standards table was reformatted into two tables for better readability. A section relating to accessory structures was moved to new Chapter 18.210 Chapter 18.130 Industrial Zones This chapter replaces the current Chapter 18.530, Industrial Zoning Districts and sections from 18.730, Exceptions to Development Standards. This chapter governs development in industrial zones. The Use Table was reformatted, including renumbering of footnotes, for readability. Home Occupation was removed from the use table because it is not a use category and the section relating to accessory structures was moved to new Chapter 18.210 Chapter 18.140 Parks and Recreation Zone This chapter replaces the current Chapter 18.540, Parks and Recreation Zone and sections from 18.730, Exceptions to Development Standards. This chapter governs development in the parks and recreation zone. The Use Table was reformatted for readability. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 16 18.200 Building Development Standards The Building Development Standards Section contains two chapters. The chapters in this section provide regulations for accessory structures and compatibility of residential design. The chapters include the current: 18.210 Accessory Structures and 18.220 Residential Design Compatibility. Chapter 18.210 Accessory Structures This is a new chapter but contains sections from Chapter 18.510, Residential Zoning Districts, 18.520, Commercial Zoning Districts, and 18.530, Industrial Zoning Districts. This chapter provides requirements for accessory structures. No commentary is provided. Chapter 18.220 Residential Design Compatibility This chapter is being renumbered from the current Chapter 18.720, Design Compatibility Standards. No substantive changes were made and commentary was not provided. 18.300 Site Development Standards The Site Development Standards Section contains two chapters. The chapters in this section provide requirements for parking and landscaping. The chapters include the current: 18.310 Off-Street Parking and Loading and 18.320 Landscaping and Screening. Chapter 18.310 Off-Street Parking and Loading This chapter replaces the current Chapter 18.765 Off-Street Parking and Loading Requirements. This chapter provides requirements regarding vehicle and bicycle parking and loading. The tables were reformatted for readability. The table on stacking lanes was revised for consistency for drive-through uses. The drainage section was removed because it referenced specifications that no longer exist. The adjustments section was simplified and a reference was provided to the criteria in the variance and adjustment chapter. Chapter 18.320 Landscaping and Screening This chapter replaces the current Chapter 18.745, Landscaping and Screening. The tables were reformatted for better readability. The conflict in paragraph 2 of Subsection 18.320.030.5 and footnote 1 in Table 18.320.2 was resolved. The L-1 and L-2 buffer standards were moved from the plan district chapters and moved to this chapter. 18.400 Supplemental Development Standards The Supplemental Development Standards Section contains six chapters. The chapters in this section provide requirements for specific uses and development. The new chapters include the current: 18.410 Accessory Dwelling Units, Manufactured/Mobile Home Regulations, Chapter 18.430 Marijuana Facilities, 18.435 Signs, 18.440 Temporary Uses, and 18.450 Wireless Communication Facilitates. Chapter 18.410 Accessory Dwelling Units This chapter replaces the current Chapter 18.710, Accessory Residential Units. This chapter provides standards for accessory dwelling units. This chapter was reorganized for better readability, which is explained in the commentary. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 16 Chapter 18.420 Manufactured/Mobile Home Regulations This chapter is being renumbered from the current Chapter 18.750, Manufactured/Mobile Home Regulations. No substantive changes were made and commentary was not provided. Chapter 18.430 Marijuana Facilitates This chapter replaces the current Chapter 18.735, Marijuana Facilities. This chapter provides regulation and standards for marijuana facilitates. Redundant language was removed, as explained in the commentary. Chapter 18.435 Signs This chapter replaces the current Chapter 18.780, Signs. This chapter provides regulation and standards for different types of signs. Several definitions were moved to the general definition chapter, revised based on city attorney input, or removed as they were unnecessary,. Other organization changes are described in the commentary. Chapter 18.440 Temporary Uses This chapter replaces the current Chapter 18.785, Temporary Uses. This chapter regulates certain types of temporary uses. This chapter was reorganized and sections were consolidated for better readability, which is explained in the commentary. The submittal requirements section was removed since submittal requirements are provided in Chapter 18.710. Chapter 18.450 Wireless Communication Facilities This chapter replaces the current Chapter 18.798, Wireless Communication Facilities. This chapter regulates and provides standards for different types of wireless communication facilitates within the city. The definitions section was moved to the general definition chapter. The submittal requirements section was removed since submittal requirements are provided in Chapter 18.710. 18.500 Special Designations The Special Designations Section contains two chapters. The chapters in this section provide requirements for lands with special designations such as wetland, forest, wildlife habitat, and floodplain requirements. The chapters include: 18.510 Sensitive Lands and 18.520 Urban Forestry. Chapter 18.510 Sensitive Lands This chapter replaces the current Chapter 18.775, Sensitive Lands. This chapter provides regulations for different types of sensitive lands (wetlands, steep slopes, floodplains). References to outdated design specifications were removed because they no longer exist. Certain sections were reorganized and consolidated for better readability, which is explained in the commentary. Chapter 18.520 Urban Forestry This chapter replaces the current Chapter 18.790, Urban Forestry Plan. This chapter provides requirements for urban forestry plans for different types of development. This chapter was reorganized and sections consolidated for better readability, which is explained in the commentary. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 16 18.600 Plan Districts The Plan Districts Section contains seven chapters. The chapters in this section provide requirements for lands within different plan districts within the city. The chapters include: 18.610 Plan Districts, 18.620 Bridgeport Village Plan District, 18.630 Durham Advanced Wastewater Treatment Facility Plan District, 18.640 River Terrace Plan District, 18.650 Tigard Downtown Plan District, 18.660 Tigard Triangle Plan District, and 18.670 Washington Square Regional Center Plan District. Chapter 18.610 Plan Districts This chapter was renumbered from the current Chapter 18.605, Plan Districts. No substantive changes were made and commentary was not provided. Chapter 18.620 Bridgeport Village Plan District This chapter replaces the current Chapter 18.640, Bridgeport Village Plan District. This chapter provides development and design standards for properties within the Bridgeport Village Plan District. This chapter was reorganized and sections consolidated for better readability, which is explained in the commentary. A section on determining net acres was removed because it is redundant since it is the same as the density calculation in the measurements chapter. The L-1 and L-2 landscaping standards were moved to the landscaping and screening chapter and cross-referenced. Chapter 18.630 Durham Advanced Wastewater Treatment Facility Plan District This chapter replaces the current Chapter 18.650, Durham Advanced Wastewater Treatment Facility Plan District. This chapter provides development and design standards for the area within the Durham Advanced Wastewater Treatment Facility Plan District. This chapter was reorganized and sections were consolidated for better readability, which is explained in the commentary. Chapter 18.640 River Terrace Plan District This chapter was renumbered from the current Chapter 18.660, River Terrace Plan District. No substantive changes were made and commentary was not provided. Chapter 18.650 Tigard Downtown Plan District This chapter replaces the current Chapter 18.610, Tigard Downtown Plan District. This chapter provides development and design standards for properties within the Tigard Downtown Plan District. This chapter was reorganized, tables were reformatted, and sections were consolidated for better readability, which is explained in the commentary. Chapter 18.660 Tigard Triangle Plan District This chapter was renumbered from the current Chapter 18.620, Tigard Triangle Plan District. Tables were reformatted. No substantive changes were made and commentary was not provided. Chapter 18.670 Washington Square Regional Center Plan District This chapter replaces the current Chapter 18.630, Washington Square Regional Center Plan District. This chapter provides development and design standards for properties within the Washington Square Regional ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 16 Center Plan District. This chapter was reorganized, tables were reformatted and sections were consolidated for better readability, which is explained in the commentary. The L-1 and L-2 buffer standards were moved from the plan district chapters and moved to this chapter. 18.700 Land Use Applications and Review Types The Land Use Applications and Review Types Section contains ten chapters. The Chapters in this section provide standards and approval criteria for different types of applications and the procedures for each type of review. The chapters include: 18.710 Land Use Review Procedures, 18.720 Annexations, 18.730 Code Interpretations and Director Determinations, 18.740 Conditional Use, 18.750 Historic Overlay, 18.760 Home Occupations, 18.770 Planned Developments, 18.780 Site Development Review, 18.790 Variances and Adjustments, and 18.795 Map and Text Amendments. Chapter 18.710 Land Use Review Procedures This chapter is a new chapter that replaces Chapter 18.390, Decision-Making Procedures and does not contain commentary. This chapter establishes the review procedures for each land use application. This chapter was updated to comply with changes in state law for notice requirements, hearing requirements, application completeness, and expedited subdivision processes. The other changes include: describing the neighborhood meeting requirement, land use application submittal requirements, modifications of applications, withdrawal of applications, describing the Type III-Modified procedure, and codifying the legislative process. The Type III- Modified procedure was added to address a procedure that did not exist for quasi-judicial annexations and quasi-judicial map or text amendments. The Type III-Modified procedure follows the notice requirements for a Type III, but the approval authority is City Council with a recommendation from Planning Commission. Lastly, business days were changed to standard calendar days for consistency and better applicability. Chapter 18.720 Annexations This chapter replaces the current Chapter 18.320, Annexations. This chapter establishes procedures for processing quasi-judicial and legislative annexations. This chapter was reorganized, tables were reformatted, and sections were consolidated for better readability, which is explained in the commentary. A new procedure type was also created to address quasi-judicial annexations where the noticing is compliant with a Type III procedure but the approval authority is City Council. The other changes include an updated purpose statement, revised approval criteria, reference to Washington Square Regional Center Phase I Implementation Plan (this document sets city zoning for properties within the Washington Square Regional Center), and the process for modifying the County zoning conversion table. Chapter 18.730 Code Interpretations and Director Determinations This chapter was renumbered from the current Chapter 18.340, Director’s Interpretation. No substantive changes were made and commentary was not provided. This chapter was reorganized and sections were consolidated for better readability, which is explained in the commentary. Chapter 18.740 Conditional Use This chapter replaces the current Chapter 18.330, Conditional Use. This chapter provides approval criteria and development standards for reviewing conditional use permit applications. Application submittal requirements were removed because they are located in Chapter 18.710. A section on measuring distances was also removed and is in Chapter 18.40. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 16 Chapter 18.750 Historic Overlay This chapter was renumbered from the current Chapter 18.740, Historic Overlay. No substantive changes were made and commentary was not provided. Application submittal requirements were removed because they are located in Chapter 18.710. Chapter 18.760 Home Occupations This chapter was renumbered from the current Chapter 18.742, Home Occupations. This chapter established standards for Type I and Type II home occupations. This chapter was reorganized and sections were consolidated for better readability, which is explained in the commentary. Chapter 18.770 Planned Developments This chapter replaces the current Chapter 18.350, Planned Developments. This chapter provides approval criteria and development standards for reviewing planned development applications. This chapter was reorganized and sections were consolidated for better readability, which is explained in the commentary. Chapter 18.780 Site Development Review This chapter replaces the current Chapter 18.360, Site Development Review and Section 18.730.040.B relating to internal building setbacks. This chapter provides approval criteria and development standards for reviewing site development review applications. This chapter was reorganized and sections were consolidated for better readability, which is explained in the commentary. Application submittal requirements were removed because they are located in Chapter 18.710. Chapter 18.790 Variances and Adjustments This chapter replaces the current Chapter 18.370, Variances and Adjustments. This chapter provides approval criteria for reviewing variance and adjustment applications. This chapter was reorganized and sections were consolidated for better readability, which is explained in the commentary. Changes include an updated purpose statement, definitions moved to the definitions chapter, and the removal of an obsolete adjustment for properties within a water resource overlay that no longer exists. Chapter 18.795 Map and Text Amendments This chapter is a new chapter that replaces Chapter 18.380, Zoning Map and Text Amendments. This chapter establishes criteria for considering quasi-judicial and legislative amendments to Title 18, the zoning map, the comprehensive plan, and the comprehensive plan map. The structure of the chapter was reorganized for clarity and the current approval considerations for legislative amendments were codified. 18.800 Land Divisions The Land Divisions Section contains three chapters. The Chapters in this section provide standards and approval criteria for adjusting lot lines and dividing land. The chapters include: 18.810 Lot Line Adjustments and Consolidations, 18.820 Partitions, and 18.830 Subdivisions. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 11 OF 16 Chapter 18.810 Lot Line Adjustments and Consolidations This chapter replaces the current Chapter 18.410, Lot Line Adjustments and Section 18.810.060 relating to lots. This chapter provides approval criteria for reviewing lot line adjustment and lot consolidation applications. The lot consolidation section was added to codify current practices. Other changes include replacement of the term “parcel” with “lot” for consistency, removal of submittal requirements, and updating measurement references for flag lots. Chapter 18.820 Land Partitions This chapter replaces the current Chapter 18.420, Land Partitions and Section 18.810.060 relating to lots. This chapter provides approval criteria for reviewing land partition applications. Changes include removal of submittal requirements and updating measurement references for flag lots. Chapter 18.830 Subdivisions This chapter replaces the current Chapter 18.430, Subdivisions, Section 18.810.060 relating to lots, and Section 18.730.030 relating to zero lot line development. This chapter provides approval criteria for reviewing subdivision applications. Changes include removal of submittal requirements and removal of street vacation language, which is in Title 15 of the municipal code. 18.900 Streets and Utilities The Streets and Utilities Section contains three chapters. The Chapters in this section provide street, utility, and access standards. The chapters include: 18.910 Street and Utilities, 18.920 Access, Egress, and Circulation, and 18.930 Visual Clearance Areas. Chapter 18.910 Street and Utilities This chapter replaces the current Chapter 18.810, Street and Utility Improvement Standards. This chapter provides standards for public facilitates. Changes include updating outdated references to manuals and plans, reformatting tables, moving lot standards to the land division chapters, and removal of installation conformance which is in the engineering construction standards. Chapter 18.920 Access, Egress, and Circulation This chapter was renumbered from the current Chapter 18.705, Access, Egress and Circulation. No substantive changes were made and commentary was not provided. Chapter 18.930 Visual Clearance Areas This chapter was renumbered from the current Chapter 18.795, Visual Clearance Areas. No substantive changes were made and commentary was not provided. Title 6 Nuisance Violations Section 6.02.170, Storage in Front Yards, was revised to include Section 18.730.050.C relating to storage of recreational vehicles, boats, campers, etc. ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 12 OF 16 Policy changes The proposed code amendments contain three policy changes relating to calculating density, measuring lot width and calculating days for land use review procedures. These are described in further detail below. Calculating Residential Density The current code allows lots containing an existing home, that is proposed to remain, to be subtracted from the net development area, provided the existing home lot is at least the size required by the applicable base zone. In some instances, this has resulted in the project not meeting the intended density requirement for the project site because the preserved lot with the existing home is much larger in size than required by the applicable base zone. This is a direct conflict with the city’s comprehensive plan and the Metropolitan Housing Rule that has set residential density requirements for each community in the Metro area. Tigard must provide for the opportunity to build at an overall average density of 10 or more dwelling units per net buildable acre. Measuring Lot Width The current code does not provide a measuring method to determine lot width. The development standards table provides a dimension in feet for the average lot width for each base zone. Through the review process, the applicant provides documentation that the lot on “average” meets the requirements of lot width. This has not only resulted in oddly shaped lots but also allowed for varying measuring methods. Providing a standard measuring method that measures lot with at the front building setback line provides consistency across projects, better configured lots, more street presence, and easier administration of setbacks. Calculating Days The current code is inconsistent in how timelines are calculated, it switches between business days and calendar days. This is problematic because City Hall is open four busine ss days instead of five and confusing for staff when the code switches back and forth between calendar and business days. This could potentially result in a procedural error and subject to appeal. The proposed amendment uses calendar days throughout. Ten business days in the current code was changed to 14 days and five business days was changed to seven days. Changes to Public Draft There were only minor changes from the public draft and the proposed draft. The changes include:  changing overlooked references/numbering,  reformatting tables for consistency,  removal of references to business tax,  correcting labels in Figure 18.30.2,  using consistent use categories in use tables, and  using the term “dwelling unit” instead of “residential property” in the Home Occupations Chapter. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 13 OF 16 State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1 – Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 7, 2017 to affected government agencies and the latest version of the City’s interested parties list. A Measure 56 notice was also mailed on September 7, 2017 to all Tigard property owners. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public 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 minimum of three drafts of the proposed code changes (Public Review Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) 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: 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. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO’S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with 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 8 – Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: Title 8 has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 7, 2017 to affected government agencies and the latest version of the City’s interested parties list. A Measure 56 notice was also mailed on September 7, 2017 to all Tigard property owners. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input will be ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 14 OF 16 provided. A minimum of three drafts of the proposed code changes (Public Review Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro’s Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with 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 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service on September 7, 2017 to affected government agencies and the latest version of the City’s interested parties list. A Measure 56 notice was also mailed on September 7, 2017 to all Tigard property owners. A notice was published in the Tigard Times newspaper prior to the hearing. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Public Review Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) 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 state and regional requirements. The proposed amendments provide clarification to ambiguous or contradicting language in the development code. The proposed amendments also revise approval criteria and considerations for annexations and map and text amendments that establish a clear policy direction. 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 amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I DCA2017-00003 10/2/2017 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 15 OF 16 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 2.1.14: Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan, and when necessary, those of the state and other agencies. FINDING: The proposed amendments include a revised land use review procedures chapter that provides a clear process for reviewing and approving land use applications. The revised chapter includes language that states that the applicant shall bear the burden of proof in all land use applications. This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.380: Zoning Map and Text Amendments 18.380.020 Legislative Amendments to this Title and Map Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Public hearings were conducted on October 2, 2017 and November 14, 2017. This standard is satisfied. Section 18.380: Decision Making Procedures 18.390.060 Type IV Procedure G. Decision-making considerations. The recommendation by the commission and the decision by the council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable METRO regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions are provided in this section above for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO’s Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, City of Tigard PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF THE TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday, October 2, 2017 at 7:00 PM and by the Tigard City Council at a Public Hearing on Tuesday, November 14, 2017 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission’s review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Agnes Lindor) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-718-2429 or by e-mail to Agnesl@tigard-or.gov. DEVELOPMENT CODE AMENDMENT (DCA) 2017-00003 - ADMINISTRATIVE PROCESS AND PROCEDURES- PHASE I - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The focus of the amendments are on: 1. General housekeeping to increase consistency and remove redundancies; 2. Reorganizing and consolidating the current code structure; 3. Replacing and removing outdated and ineffective regulations; 4. Streamlining existing processes and procedures; and 5. Addressing minor deficiencies in the code. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), and 2 (Land Use Planning); METRO’s Urban Growth Management Functional Plan Title 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.11, and 2.1.14; and Tigard Development Code Chapters 18.380 and 18.390. PUBLISH DATE: Thursday, September 7, 2017