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06/19/2017 - PacketPLANNING COMMISSION AGENDA – June 19, 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: June 19, 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 - TIGARD TRIANGLE LEAN CODE 7:10 p.m. Development Code Amendment (DCA) 2017-00002 PROPOSAL: The City is proposing a new code for the Tigard Triangle that would regulate development differently than the existing code. The goal of the new code is to spur new development by reducing regulations in ways that support the community’s vision. The proposal repeals and replaces Chapter 18.620 (Tigard Triangle Plan District) and modifies Chapter 18.520 (Commercial Zoning Districts) of the Community Development Code. LOCATION: Tigard Triangle. ZONE: Mixed-Use Employment and General Commercial. REVIEW CRITERIA: Applicable provisions of Statewide Planning Goals, Metro Urban Growth Management Functional Plan, Tigard Comprehensive Plan, and Tigard Community Development Code. 6. OTHER BUSINESS 9:10 p.m. 7. ADJOURNMENT 9:20 p.m. City of Tigard Respect and Care | Do the Right Thing | Get it DoneCity of Tigard Respect and Care | Do the Right Thing | Get it Done Planning Commission Public Hearing June 19, 2017 Tigard Triangle Lean Code Development Code Amendment Proposal (DCA 2017-00002) EXHIBIT A City of Tigard Introduction Portland Community College Lake Oswego (Kruse Way) Downtown Tigard City of Tigard Introduction City of Tigard Proposal Lean Code Proposal –Phase I •Chapter 18.620 (Att 1 & 2) -repeals & replaces Tigard Triangle Plan District •Chapter 18.520 (Att 1) -modifies Commercial Zoning Districts •Table 18.765.2 (Att 1) -modifies Off-Street Parking City of Tigard Future Proposal Lean Code Proposal –Phase II •TMU Zone -creates new TMU Zone -rezones MUE & C-G properties Phase I effective date contingent upon adoption of Phase II City of Tigard (Attachment 3) Comparison of Existing and Proposed Zoning City of Tigard Proposed Zoning and Building Heights City of Tigard Proposed Transportation Network City of Tigard How we got here… •Tigard Land Use & Walkability Goals •Regional Town Center Designation •Tigard Triangle Strategic Plan Vision •Lean and Form-Based Code Principles Background City of Tigard What we’re trying to achieve… •Multiple purpose statements •One overarching goal Goals Transform the Triangle into an active, urban, multimodal, and mixed-use district that prioritizes pedestrians and supports equitable development City of Tigard What we’re trying to achieve… Goals City of Tigard What we’re trying to achieve… Goals City of Tigard What we’re trying to avoid… City of Tigard What we’re trying to avoid… City of Tigard How the code achieves the goals… Methods •Lean & form-based approaches •Clear & objective standards •Small-scale & incremental strategies •Street network improvements •Mixed-use rezone •Other city efforts City of Tigard Examples Pre-Existing Single-Family Residential City of Tigard Examples Pre-Existing Commercial City of Tigard Examples New Development (Interior Lot) Elevation on 72nd Ave City of Tigard BevelandNew Development (Corner Lot) Examples GonzagaBevelandGonzaga72nd Ave 72nd Ave City of Tigard Public Comments Summary of Public Comments •Tran, Robinson, and Fitzgerald -modified code (with one modification introduced at hearing) •Heffernan (Specht)-partially modified code •Corliss and Cassinelli (introduced at hearing) •Fair Housing Council (introduced at hearing) City of Tigard Specht Site Examples City of Tigard Specht Proposal Examples City of Tigard City of Tigard Corliss Site Examples Current Block Size: 450’ x 1000’ Current Zoning: General Commercial 450’ 1000’ City of Tigard City of Tigard Staff Recommendation •Recommend approval of the proposed code amendments to the Tigard City Council as amended through the public hearing process and with an effective date contingent upon the approval of new zoning. •Direct staff to modify specific provisions of the proposed amendments in response to public comments and testimony. •Direct staff to prepare additional Goal 10 Housing findings in response to Fair Housing Council comments. City of Tigard Thank You. Questions? City of Tigard Memorandum To: Tigard Planning Commission From: Susan P. Shanks, Senior Planner Re: Staff Recommendation to Modify Lean Code Proposal Date: June 19, 2017 Based on comments received on the Tigard Triangle Lean Code proposal during the public review phase of the project, staff recommends the following modification to address all possible development approvals in place prior to the effective date of the Tigard Triangle Lean Code. 18.620.050 Pre-Existing Development and Approvals E. Sites with Pre-Existing Land Use Approvals. 1. Exceptions. The provisions in Subsections E.2 and E.3 through E.4 below apply to all development except those involving basic utility uses and wireless communication facilities. These uses shall continue to be subject to all previously imposed conditions of approval. They shall also continue to be subject to the standards and procedures in Chapter 18.330 Conditional Uses and Chapter 18.798 Wireless Communication Facilities respectively, unless different standards are approved through the adjustment process as provided in Subsection 18.620.040.C.4. 2. Conditions of Approval. Development that obtained land use approval and a final certificate of occupancy or inspection prior to the effective date of this chapter shall not be subject to any previously imposed conditions of approval. Development that obtained land use approval, but not a final certificate of occupancy or inspection, prior to the effective date of this chapter shall continue to comply with all previously imposed conditions of approval until a final certificate of occupancy or inspection, whichever is applicable, is obtained. 3. Phased Developments. Development that obtained land use approval for a phased Site Development Review application prior to the effective date of this chapter shall be allowed to complete all approved phases without respect to the time period specified in Subsection 18.360.030.E.1 provided that the approval has not lapsed pursuant to Subsection 18.360.030.C. 34. Modifications. Modifications to development that obtained land use approval prior to the effective date of this chapter are subject to the standards and procedures in this chapter. Exhibit B From: Jim Corliss [mailto:jcorliss@landmarkford.com] Sent: Thursday, June 15, 2017 11:28 AM To: Susan Shanks Subject: Tigard Triangle plan Susan, Thanks for meeting with me to discuss the plans this week. I participated in a couple of community vision meetings when I did not have a time conflict. They were conceptual, not detailed. Up to this point I was of the understanding that the Triangle zoning was all going to be the same but never saw what that zoning would allow until now. The plan that we discussed shows two zoning types, the current C-G and the new TMU. The current plan shows taking away our current C-G zoning, changing to TMU and on our main parcel having two different allowed building heights. TMU does not allow for motor vehicle sales or service. I understand that current use is allowed but not if future redevelopment changes are made. Also the plan shows future road through the middle of our business to which I object. I request that our current zoning of C-G remain. The Landmark Ford site has been a commercial location for almost 50 years and is currently the only new car dealership in the City. By zoning out an automotive dealership you are decreasing the diversity of goods and services in the district when the stated goal is to increase them. A progressive dealership requires a lot of land and there are not other options within the City. If our facility closed the nearest new car dealer is Beaverton and Wilsonville, we have thousands of customers who do not want to make that drive. Our business is very solid and for 38 years we have tried to be a great supporter of the community. We have over 200 employees and never had any reduction is force layoffs. The only way to try to assure the continued success for the long term is to keep the C-G zoning. Sincerely, Jim Corliss President Landmark Ford Lincoln DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules “City General Records Retention Schedule.” EXHIBIT C 72nd Avenue Property LLC 11720 SW 72nd Avenue Tigard, Oregon 97223 Phone 503-545-5217 June 19, 2017 RE: TIGARD LEAN CODE Dear Community Director, I apologize for not being at this hearing in person, but my daughter’s graduation beckons. I own property in the Tigard Triangle on the east side of the 72nd Avenue between Baylor and Clinton Streets and I am intending to develop the property with a 5- story mixed use apartment/commercial development with a second pre-application meeting scheduled for June 27th. At my property and other properties on the east side of 72nd Avenue, the topography slopes gently upward to the east lending these properties to a daylight basement development configuration with parking at the rear providing direct access to the second level of the structure. As a result of the sloped topography, the five story design which we have developed meets the current 45’ height limit. I am attaching copies of some preliminary renderings of the proposed building for your reference. I have been following and participating in the planning process for the new lean code and I have had a chance to review the most recent lean code draft. I am very encouraged and supportive of the overall code changes. I appreciate the city’s vision to increase livability and to encourage residential development in the Tigard Triangle. However, I have a concern with the maximum of 4 story height which is proposed for substantial areas of the Tigard triangle as indicated on the Tigard Triangle Boundary and Zoning Map. Earlier drafts of the lean code included a maximum of 6 story heights in many locations including along the east side of 72nd Avenue. I understand that the city is hoping the new code will encourage development which can occur now under the current market conditions, and that there is a concern about establishing higher density development regulations which might encourage owners to defer development until the market conditions change to justify more expensive high density development which may not be feasible under the current market conditions. However, I believe that the four story height limit is not quite in sync with the type of infill construction which has recently been developed in other parts of the Portland metropolitan area, and which might represent the best option for developers who wish to proceed with development in the near future. EXHIBIT D 72nd Avenue Property LLC 11720 SW 72nd Avenue Tigard, Oregon 97223 Phone 503-545-5217 TIGARD LEAN CODE COMMUNITY DIRECTOR JUNE 19, 2017 The building codes allow four-story Type V wood frame construction to be built over a Type I concrete podium structure resulting in a five story structure. This type of construction allows commercial tenant spaces to be located at the ground floor facing the street with a parking garage behind the commercial areas and four levels of wood frame residential units on the upper floors. My analysis has indicated that this is the most desirable configuration for infill construction in the Tigard Triangle. Based on my analysis of construction costs and rents, and my recent experience seeking financing for my project, in order to create a development project that is financially feasible, an increased number of stories may be necessary. 72nd Avenue is a major thoroughfare through the Triangle with a traffic count of approximately 13,000 cars per day. Therefore, it lends itself to have a commercial component. I would like to encourage you to consider adjusting the height regulations to allow five story structures similar to the project which we have designed for our site on 72nd Avenue. Perhaps the code could include a provision that allows an additional level to be added for mixed use buildings with ground level parking and commercial uses and four levels of multi-family housing on the upper levels. Thank you for your time and consideration. Sincerely, 72ND AVENUE PROPERTY LLC Richard E. Cassinelli FAIR HOUSING couNcrL OF OFEGON June 19,2017 Planning Commission Tigard City Hall 13125 SW Hall Blvd. Tigard OR97223 Re: DCA2017-00002 update to Tigard Triangle Lean Code Dear Commíssioners: This letter is submitted jointly by Housing Land Advocates (HLA) and the Fair Housing Council of Oregon (FHCO). Both HLA and FHCO are non-profit organizations that advocate for land use policies and practices that ensure an adequate and appropriate supply ofaffordable housing for all Oregonians. FHCO's interests relate to a jurisdiction's obligation to affirmatively fi.¡rther fair housing. Please include these comments in the record for the above-referenced proposed amendment. As you may know, all amendments to the Comprehensive Plan Map and Zoning Map must comply with the Statewide Planning Goals. ORS 197.175(2)(a). However, the staff report for this proposal does not reference the proposal's impact on the City's Statewide Planning Goal l0 obligations. HLA and FHCO applaud the City's aim to increase its residential supply. However, when a decision is made affecting the residential land supply, the City must refer to its Housing Needs Analysis and Buildable Land lnventory (BLI) to show that an adequate number of needed housing units (both housing type and affordability level) will be supported by the residential land supply after enactment ofthe proposed change. The record in support ofthe proposed amendment does not make clear how many residential units are permitted before and after the adoption of the proposed amendment in relation to the City's responsibilities under its BLI. Even when a proposal increases the residential land supply, the Cþ must show that it is adding needed residential zones (e.g. TMU). The City must demonstrate that its actions do not leave it I EXHIBIT E FAIR HOUSING COUNCIL QF OREGON with less than adequate residential land supplies in the types, locations, and affordability ranges affected. See Mulford v. Town of Lalæview, 36 Or LUBA 715,731(1999) (rezoning residential land for industrial uses); Gresham v. Fairview, 3 Or LUBA 219 (same); see also, Home Builders Assn. of Lane County v. City of Eugene,4l Or LUBA 370,422 (2002) (subjecting Goal 10 inventories to tree and waterway protection zones of indefinite quantities and locations). HLA and FHCO urge the Commission to defer adoption of the proposed amendment until the change in residential units permitted by the proposed amendment is made clear in the record. Thank you for your consideration. Please provide written notice of your decision to, FHCO, c/o Louise Dix, at 1221 SW Yamhill Street, #305, Portland, OR 97205 and HLA, c/o Jennifer Bragar, at l2l SW Morrison Street, Suite 1850, Portland, OF.97204. Please feel free to email Louise Dix at ldix@fhco.org or reach her by phone at (541) 951-0667. Thank you for your consideration. .¿r Qe-ur*-- Louise Dix AFFH Specialist Fair Housing Council of Oregon cc: Gordon Howard (gordon.howard@state.or.us) Jennifer Bragar President Housing Land Advocates 2 STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 DCA2017-00002 Agenda Item: 5 Hearing Date: June 19, 2017 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Triangle Lean Code FILE NO.: Development Code Amendment (DCA) 2017-00002 PROPOSAL: The City is proposing text amendments to the Tigard Community Development Code for the area known as the Tigard Triangle. The proposal repeals and replaces Chapter 18.620 (Tigard Triangle Plan District) and modifies Chapter 18.520 (Commercial Zoning Districts) and Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements). The purpose of the proposed code amendments is to spur new development and redevelopment by reducing regulations in ways that support the community’s vision. The proposed code amendments are included as Attachment 1. An underline/ strikeout version of the Tigard Triangle Lean Code (Chapter 18.620) is included as Attachment 2 in order to show the changes made to the proposal between the Public Draft (dated May 18, 2017) and the Planning Commission Draft (dated June 19, 2017). APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Tigard Triangle Plan District APPLICABLE Tigard Community Development Code Chapters 18.380 and 18.390; PROVISIONS: Tigard Comprehensive Plan Goals 1, 2, 8, 9, 10, and 12; Metro Code 3.07 (Urban Growth Management Functional Plan) Titles 6 and 8; Metro Code 3.08 (Regional Transportation Functional Plan) Titles 1 and 4; Statewide Planning Goals 1, 2, and 12 SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed development code amendments to the Tigard City Council as determined through the public hearing process and with an effective date contingent upon the adoption of new zoning. STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10 DCA2017-00002 SECTION III. BACKGROUND INFORMATION Project History The Tigard Triangle is located in the northeast corner of the city and is roughly 500 acres in size. Its triangular shape is the result of the three state highways that surround it, namely OR 99W, OR 217, and Interstate 5. The long range land use and development vision for the Tigard Triangle is outlined in the Tigard Comprehensive Plan and further defined in the recently completed Tigard Triangle Strategic Plan (TT Strategic Plan). The latter was developed with extensive public engagement and technical analysis in 2015. The proposed code amendments, known as the Tigard Triangle Lean Code, are designed to facilitate the transformation of the Tigard Triangle into an active, urban, multimodal, and mixed-use district by removing barriers to development and prioritizing the pedestrian realm. They are also designed to advance Tigard’s mission to become the most walkable city in the Pacific Northwest and support the area’s designation as a regional Town Center. Proposal Description The Tigard Triangle Lean Code proposal repeals and replaces Chapter 18.620 (Tigard Triangle Plan District) and modifies Chapter 18.520 (Commercial Zoning Districts) so that all of the General Commercial (C-G) zone standards are in one place. The amendments to Table 18.765.2 (Parking Requirements) are for clarity only. The main goal of the proposal is to “lean up” site and building design standards and the development review process in order to spur development, particularly small-scale incremental development. An equally important goal has been to create a more walkable environment by requiring more street connections and making safe, comfortable, and attractive streetscapes a priority. The proposal includes a new zone, which is shown on Map 18.620.A. The Triangle Mixed-Use (TMU) Zone, which is shown as blue on the map, replaces the existing Mixed-Use Employment (MUE) Zone in the Triangle. A number of properties currently in the General Commercial (C-G) Zone, which is shown as red on the map, are proposed to be changed to TMU. The TMU Zone regulates land uses differently than the MUE Zone. A map and table comparing existing and proposed zone boundaries and land uses is included as Attachment 3. IMPORTANT NOTE: The proposal includes a new zone and zone changes, but the legislative action to adopt the new zone and zone changes is not being proposed at this time. The current proposal is for adoption of text amendments to the Community Development Code only. Adoption of the new zone and zone changes will be proposed at a later date once the required transportation analysis is complete. As a result, the effective date of the current proposal will be contingent upon the future adoption of the new zone and zone changes. SECTION IV. APPLICABLE PROVISIONS, FINDINGS, AND CONCLUSIONS This section contains all applicable city, regional, and state provisions that apply to the proposed development code amendments and how each provision is met. STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10 DCA2017-00002 A. TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning and Text Amendments 18.380.020.A Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G FINDING: The proposed code amendments are being reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings before both the Planning Commission and City Council. Chapter 18.390: Decision-Making Procedures 18.390.020.B.4 Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. FINDING: The proposed code amendments will initially be considered by the Planning Commission on June 19, 2017. City Council will consider adopting the proposed code amendments after the Planning Commission has made their recommendation. Hearing dates before City Council have not yet been scheduled. 18.390.060.G. 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 addressing the factors listed above are provided within this report. CONCLUSION: The applicable provisions of the Tigard Community Development Code are met. B. TIGARD COMPREHENSIVE PLAN Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. FINDING: The proposed code amendments are a result of a multi-year community planning process effort that began in 2013 with the development of the Tigard Triangle STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 10 DCA2017-00002 Strategic Plan (TTSP). This effort was guided by a Citizen and Technical Advisory Committee and culminated in the completion of the TTSP in 2015. Following its completion, the city concurrently began work on two TTSP implementation projects, namely the Tigard Triangle Lean Code and the Tigard Triangle Urban Renewal Plan. Each project had its own public engagement strategy, but staff took every opportunity to coordinate and create a synergy between the two projects. The Tigard Triangle Lean Code public engagements are summarized below:  Lean Code Public Drop-In Office Hours (May 23 – June 1, 2017)  Lean Code & Urban Renewal Open House (October 20, 2016)  Walkability Workshop (April 20, 2016)  Walkability Survey (March 30 – April 31, 2016)  Lean Code Community Workshops (September 14, 15, and 17, 2015)  TTSP Citizen Advisory Committee Meetings (September 19 and November 13, 2013; April 2, June 11, September 10, and December 17, 2014) Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. FINDING: In addition to all required public hearing notifications and the public engagements described above, staff briefed the City Council and Planning Commission at public meetings throughout the life of the project. The city also maintained a project webpage that it updated regularly with project and staff contact information; sent emails to interested parties on a regular basis; and, provided information for several Cityscape and Tigard Times articles. The city endeavored to provide all information in an understandable form, and project managers were always on hand to answer questions. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard’s land use planning program. FINDING: The proposed code amendments conform with the policies of Goal 2.1 as follows:  The Tigard Triangle Strategic Plan establishes a clear policy direction for redevelopment in the Triangle, and the proposed code amendments implement these policies.  The proposed code amendments promote the efficient use of land and intense urban level development in the city’s designated regional Town Center through site and building design standards that utilize form-based code principles.  The proposed code amendments promote the development of a range of land uses through the creation of a new Triangle Mixed-Use Zone.  The proposed code amendments are designed to spur redevelopment by reducing regulations in ways that support the community’s vision.  The city coordinated with all affected jurisdictions and agencies during the development of the TTSP and the proposed code amendments through the TTSP Technical Advisory STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 DCA2017-00002 Committee and through multiple subsequent engagements with affected agencies, such as Metro, ODOT, and TriMet. Goal 2.2 To enlarge, improve, and sustain a diverse urban forest to maximize the economic, ecological, and social benefit of trees. FINDING: The proposed code amendments identify the Oregon white oak as the District Tree. The amendments provide incentives for preserving a District Tree when it is located near or within the public right-of-way, such as providing for an automatic building setback exception. Goal 2.3 To balance the diverse and changing needs of the City through well-designed urban development that minimizes the loss of existing trees to create a living legacy for future generations. FINDING: The proposed code amendments provide disincentives for removing a District Tree, such as an additional process and fee for removal. Chapter 8: Parks, Recreation, Trails, and Open Space Goal 8.2 Create a Citywide network of interconnected on- and off-road pedestrian and bicycle trails. FINDING: The proposed code amendments include a Transportation Network Map (Map 18.620.B) that shows a network of interconnected on- and off-road bicycle and pedestrian facilities, including bike lanes and multimodal paths and trails throughout the Triangle. One of the trails utilizes the Red Rock Creek corridor. Chapter 9: Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. FINDING: The proposed code amendments are designed to facilitate economic development opportunities by reducing regulatory and financial barriers to small-scale incremental development. The amendments are also designed to increase opportunities for higher density housing and employment development through the creation of a new Triangle Mixed-Use Zone and the removal of the maximum floor area ratio (FAR) requirement. Both of these regulatory changes complement other economic development strategies at play in the Triangle, namely the newly-approved Urban Renewal Area and the Vertical Housing Development Zone. Goal 9.2 Make Tigard a center and incubator for innovative businesses, including those that focus on environmental sustainability. FINDING: The proposed code amendments regulate land uses by category, not by individual use. This approach is well-suited to accommodate an evolving mix of uses and economic activities. The proposed code amendments also employ a minimalist form-based approach to site and STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 10 DCA2017-00002 building design that will enable businesses to more easily adapt their buildings and sites to suit their changing business needs. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. FINDING: The proposed code amendments are designed to accommodate a significant portion of the city’s future employment growth and high-density housing in ways that supports the community’s vision for livability and walkability. Chapter 10: Housing Chapter 12: Transportation Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the community. FINDING: The proposed code amendments enhance community livability by:  Requiring development to build or pay for street improvements.  Designing streets with multimodal travel options.  Establishing street cross sections that enhance livability by focusing on elements that provide a safe, comfortable, and attractive pedestrian experience.  Supporting mixed-use development that reduces the need for vehicle trips.  Minimizing creek crossings.  Encouraging alleys for vehicle access.  Recognizing that 72nd Ave and Dartmouth streets provide important through street functions. Goal 12.2 Develop and maintain a transportation system for the efficient movement of people and goods. FINDING: The proposed code amendments provide for the efficient movement of people and goods by:  Improving internal network connectivity through new streets, paths, and trails.  Proposing a new overpass to connect the Triangle to Downtown Tigard.  Restricting the number of access points to individual developments.  Requiring on-street parking, encouraging shared parking, and letting the market decide how much off-street parking is appropriate. Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. FINDING: The proposed code amendments create a new Triangle Mixed-Use Zone that outright allows all housing types and reduces the requirements for new accessory dwelling units. STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 10 DCA2017-00002 Goal 12.3 Provide an accessible, multi-modal transportation system that meets the mobility needs of the community. FINDING: The proposed code amendments provide for the mobility needs of the community by:  Requiring the development of complete streets and a variety of off-street facilities that provide multimodal travel options.  Requiring pedestrian and bicycle connections where street connections are not possible and where it would reduce travel length to transit and other destinations. Goal 12.5 Coordinate planning, development, operation, and maintenance of the transportation system with appropriate agencies. FINDING: The proposed code amendments were coordinated with all appropriate agencies that have transportation interests or authority in the area, including Metro, ODOT, and TriMet. CONCLUSION: The applicable provisions of the Tigard Comprehensive Plan are met. C. METRO CODE 3.07 (Urban Growth Management Functional Plan) Title 6 The Regional Framework Plan identifies Centers, Corridors, Main Streets, and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Section 3.07.640 recommends a critical number of residents and worker and a mix of housing types to make these areas vibrant and successful. FINDING: The proposed code amendments remove the maximum floor area ratio (FAR) requirement of 0.40 for all non-residential development, including mixed-use development, in the proposed Triangle Mixed-Use (TMU) Zone. Removal of this requirement will allow development that supports a greater density of residents and workers. The proposed code amendments also allow a greater mix of land uses, including all residential uses, and limit new auto-oriented development. Title 8 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 amendment and shall comply with the functional plan. FINDING: The proposed code amendments were submitted to a designee of the COO (Metro’s Chief Operating Officer) on May 15, 2017. The first evidentiary hearing is June 19, 2017. The 35-day submittal requirement has been met. The only applicable provisions of the functional plan that apply to the proposed code amendments are addressed above under Title 6. CONCLUSION: The applicable provisions of Metro Code 3.07 (Urban Growth Management Functional Plan) are met. STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 DCA2017-00002 D. METRO CODE 3.08 (Regional Transportation Functional Plan) Title 1 Transportation system design shall ensure that new street construction and re- construction projects are designed to improve safety, support adjacent land uses and balance the needs of all users. Sections 3.08.110, 130, and 140 address street design, connectivity, and access and require pedestrian and bicycle facilities. FINDING: The proposed code amendments include a Transportation Network Map (Map 18.620.B) and Transportation Facility Standards (Section 18.620.090) that meet or exceed the Regional Transportation Functional Plan requirements. The proposed code amendments include the following:  New streets, paths, and trails to improve connectivity for all travel modes  Opportunities for green streets  On-street parking to buffer pedestrians, slow vehicles, and support development  Narrow right-of-way widths to reduce the length of pedestrian crossings  Sidewalks on all streets and pedestrian through zones of at least 5 feet  Pedestrian connections at least every 330 feet  Minimum bicycle parking requirements  Street trees and landscape buffers of at least 5 feet Title 4 Cities and counties shall establish parking ratios and ensure adequate bicycle parking. FINDING: The proposed amendments do not include a minimum vehicle parking ratio and do not exceed the maximum parking ratios in Title 4. Both proposed parking ratios comply with Metro standards. The proposed code amendments also require new development to install a minimum number of bicycle parking spaces. CONCLUSION: The applicable provisions of Metro Code 3.08 (Regional Transportation Functional Plan) are met. D. STATEWIDE PLANNING GOALS (Oregon Revised Statutes Chapter 197) The Tigard Comprehensive Plan addressed the Statewide Planning Goals and was acknowledged by the state as being in compliance with state law; therefore, the Statewide Planning Goals are addressed under the Tigard Comprehensive Plan section. SECTION V. CITY STAFF COMMENTS The City of Tigard’s Community Development, Public Works, and Finance Departments had an opportunity to review the proposed code amendments and had no comments. STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 10 DCA2017-00002 SECTION VI. AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review the proposed code amendments: City of Lake Oswego Clean Water Services Metro Land Use and Planning Oregon Department of Land Conservation and Development Tigard Tualatin School District Tigard Water District TriMet Tualatin Valley Fire & Rescue Tualatin Valley Water District Washington County Department of Land Use and Transportation Tualatin Valley Fire & Rescue and Tualatin Valley Water District provided technical comments that were reviewed for consistency with the proposed code amendments. SECTION VII. PUBLIC COMMENTS Staff notified all Tigard Triangle interested parties (59 recipients) by email and all property owners, business owners, and residents (1055 recipients) by mail on May 18, 2017. Both notices provided information about the June 2017 public hearing and the proposed code amendments and solicited public input. As of the writing of this staff report, the following individuals submitted written comments on the proposed code amendments: Michael Robinson Trinh Tran DJ Heffernan Calista Fitzgerald Staff met with or spoke to each individual who submitted comments and revised the proposed code amendments where staff was in agreement with the commenter. The underline/strikeout version of Chapter 18.620 is included as Attachment 2. It shows the changes made to the proposal between the Public Draft (dated May 18, 2017) and the Planning Commission Draft (dated June 19, 2017). All comments are included in Attachment 4. SECTION VIII. CONCLUSION In addition to complying with all applicable city, regional, and state provisions, the proposed code amendments:  Implement the community’s vision for the Triangle to become an active, urban, multimodal, and mixed-use district;  Advance Tigard’s mission to become the most walkable city in the Pacific Northwest; and ATTACHMENT 1 Proposed Code Amendments (Planning Commission Draft) City of Tigard Community Development Code Proposed Amendments (File No. DCA2017-00002) Tigard Triangle Lean Code Planning Commission Draft – June 19, 2017 Please contact Susan P. Shanks, Senior Planner, at 503-718-2454 or susans@tigard-or.gov with questions or comments about the proposed code amendments and/or the code adoption process. The city is proposing a new code for the Tigard Triangle that would regulate development differently than the existing code. The goal of the new code is to spur new development by reducing regulations in ways that support the community’s vision. The Tigard Triangle Lean Code is designed to: • Increase connectivity and walkability • Be easier to understand • Be more flexible • Allow a wide range of uses • Streamline the development review process • Respect existing development • Encourage business start-ups and entrepreneurs City of Tigard Community Development Code Proposed Amendments (File No. DCA2017-00002) Table of Contents I.Lean Code Annotated Table of Contents (2 pages) (Provides a summary for each section of the Lean Code Proposal) II.Lean Code Proposal (31 pages) (Repeals and replaces Chapter 18.620 Tigard Triangle Plan District) III.Commercial Zoning Districts Proposal (16 pages) (Modifies Chapter 18.520 Commercial Zoning Districts in response to Lean Code Proposal) IV. Off-Street Parking Table Housekeeping Proposal (6 pages) (Modifies Table 18.765.2 for clarity only) Please contact Susan P. Shanks, Senior Planner, at 503-718-2454 or susans@tigard-or.gov with questions or comments about the proposed code amendments and/or the code adoption process. Page 1 of 2 | Lean Code Annotated Table of Contents Lean Code Annotated Table of Contents (Chapter 18.620 Tigard Triangle Plan District) 18.620.010 Purpose  Implements the city’s land use and development vision for the Triangle as outlined in the Tigard Comprehensive Plan and further detailed in the 2015 Tigard Triangle Strategic Plan and 2016 Tigard Triangle Urban Renewal Plan.  Implements the city’s Strategic Plan with regard to walkability and connectivity.  Removes regulatory and financial barriers to small-scale incremental development.  Streamlines the development review and approval process. 18.620.020 General Provisions  “One-Stop Shopping.” The Lean Code is designed as a standalone set of regulations with minimal references to other provisions of the Community Development Code of the City of Tigard. 18.620.030 Applicability  Applies to properties in the newly created Triangle Mixed Use (TMU) Zone and existing and planned streets within the Tigard Triangle area.  Does not apply to properties in the existing General Commercial (CG) Zone. These standards are proposed to be moved to Chapter 18.520 Commercial Zoning Districts. 18.620.040 Review Process  Streamlines the development review process by removing the land use review requirement for many types of development proposals. This approach is possible because all proposed site and building design standards are clear and objective.  Provides flexibility (new staff-level Adjustment process) when a clear and objective standard cannot be met or when a developer opts to propose an alternative design or remove a district tree. All requested adjustments would be reviewed through the lens of walkability. 18.620.050 Pre-Existing Development and Approvals  Allows existing uses and site improvements to be legal under the new code to avoid financial repercussions of “nonconforming” designation.  Requires building modifications and new development on sites with pre-existing development to gradually come into conformance with the standards that most support walkability. Page 2 of 2 | Lean Code Annotated Table of Contents 18.620.060 Land Use Standards  Allows a wide range of residential, commercial, and civic uses. Limits the footprint of light industrial uses and retail sales (e.g. big box stores). Prohibits heavy industrial and most auto-oriented uses.  Emphasizes “form” over “use” to achieve an urban mixed-use walkable environment. 18.620.070 Site Design Standards Site design standards address:  Building location  Utility and service area location  Surface parking location and design  Bicycle parking location and design  Retaining wall, fencing, and street screen design  Driveway number and size  District tree preservation 18.620.080 Building Design Standards Building design standards address:  Building height  Building entry location and design  Building projections  Building façade window area 18.620.090 Transportation Facility Standards  Simplifies street design standards by treating all the streets the same except for Pacific Highway, 72nd Avenue, and Dartmouth Street.  Exempts small development proposals from street frontage improvements but not ROW dedication.  Allows option of fee-in-lieu-of-construction of required street frontage improvements in certain situations.  Explicitly allows use of public sidewalks for commercial purposes (e.g. customer seating, A-frame signage, and merchandise display) and pedestrian amenities (e.g. street furniture, bicycle parking, trash cans, and drinking fountains). 18.620.100 Sign Standards  Utilizes existing sign permit process and sign standards in place for Downtown Tigard. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 1 of 31 All text in this chapter is proposed to replace the existing text in Chapter 18.620 Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose 18.620.020 General Provisions 18.620.030 Applicability 18.620.040 Review Process 18.620.050 Pre-Existing Development and Approvals 18.620.060 Land Use Standards 18.620.070 Site Design Standards 18.620.080 Building Design Standards 18.620.090 Transportation Facility Standards 18.620.100 Sign Standards 18.620.010 Purpose The Tigard Triangle Plan District implements the land use and development vision for the Tigard Triangle as outlined in the Tigard Comprehensive Plan. It also advances Tigard’s mission to become the most walkable city in the Pacific Northwest and supports the district’s designation as a regional Town Center. The Tigard Triangle Plan District Chapter is referred throughout Chapter 18.620 as “this chapter.” The standards and procedures of this chapter are designed to:  Remove regulatory and financial barriers for small-scale incremental development;  Streamline the development review and approval process;  Support existing development;  Support transitional uses and adaptive re-use of existing development;  Increase the diversity of goods and services available in the district;  Encourage new housing and mixed-use development;  Limit new auto-oriented development;  Preserve the district’s unique and natural features, including but not limited to district trees;  Create safe, comfortable, and attractive streetscapes for pedestrians; and,  Improve connectivity for all modes of travel. Collectively, the purpose of these standards and procedures is to facilitate the transformation of the Tigard Triangle into an active, urban, multimodal, and mixed-use district as envisioned by the 2015 Tigard Triangle Strategic Plan. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 2 of 31 18.620.020 General Provisions A. This chapter is designed, wherever possible, to act as a standalone set of standards and procedures for development in the Triangle Mixed-Use (TMU) Zone within the Tigard Triangle Plan District. References to other applicable standards and procedures in the Community Development Code of the City of Tigard are provided as needed. B. The Community Development Code is Title 18 of the Tigard Municipal Code and is referred throughout this chapter as “this title.” The standards and procedures in this chapter apply in lieu of other provisions in this title, except where specifically stated otherwise, and shall govern in the event of a conflict. C. To the extent that the provisions in the following chapters do not conflict with this chapter, the following chapters in this title apply concurrently: 1. Definitions and measurements as provided in Chapter 18.120 Definitions. 2. Land use category descriptions as provided in Chapter 18.130 Use Categories. 3. Zoning administration and enforcement as provided in Chapters 18.220 and 18.230. 4. Code interpretations as provided in Chapter 18.340 Director’s Interpretations. 5. Zoning map and text amendments as provided in Chapter 18.380. 6. Historic overlay designations as provided in Chapter 18.740. 18.620.030 Applicability A. Applicability. 1. Triangle Mixed-Use (TMU) Zone. The standards and procedures in this chapter apply to property that is located in the Triangle Mixed-Use (TMU) Zone within the Tigard Triangle Plan District. 2. General Commercial (C-G) Zone. The standards and procedures in this chapter do not apply to property that is located in the C-G Zone within the Tigard Triangle Plan District, except for the transportation facility standards in Section 18.620.090. Property in the C-G Zone is regulated by other chapters in this title, including but not limited to Chapter 18.520 Commercial Zoning Districts. 3. Public Rights-of-Ways. The standards in Section 18.620.090 apply to all existing, future, and proposed public rights-of-way in the Tigard Triangle Plan District regardless of the zone. 4. The boundary of the Tigard Triangle Plan District is shown on Map 18.620.A. The TMU Zone and C-G Zone are also shown on this map and the city’s official Zoning Map. All existing and future transportation facilities are shown on Map 18.620.B. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 3 of 31 Map 18.620.A: Tigard Triangle Boundary and Zoning Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 4 of 31 Map 18.620.B: Tigard Triangle Transportation Network Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 5 of 31 B. Exemptions. 1. The following types of development are exempt from all standards and procedures of this chapter: a. Operation, maintenance, and repair of existing public facilities. b. Public capital improvement projects undertaken by the city. c. Maintenance and repair of existing buildings or site improvements. d. Improvements to existing buildings or site improvements to bring them into compliance with applicable federal and state accessibility requirements. e. Reconstruction of a building following partial or total accidental destruction when all of the following criteria are met: i. The reconstructed building has a gross floor area no larger than the structure that was destroyed. ii. The use of the building remains the same as the use that existed before the building was destroyed. iii. Repairs are commenced within one year from the date of destruction. Commencement of repairs occurs when a required development permit has been issued. 2. If a development is not exempt from the standards and procedures of this chapter as described above, it may be exempt from the street design standards in Subsection 18.620.090.C.4 that relate to street frontage improvements. This exemption applies only to street frontage improvements and not right-of-way dedications where required by Subsection 18.620.040.B.3.b. The following types of development are exempt from street frontage improvements, except where existing frontage improvements do not meet the city’s minimum public facility standards for safety and adequacy as required by Subsection 18.620.040.B.2.c. a. Construction of a new accessory dwelling unit that is less than 800 square feet in size. This exemption is subject to the limitations provided in Subsection B.3 below. b. Expansion of an existing building or construction of a new building that is less than 800 square feet in size. This exemption is subject to the limitations provided in Subsection B.3 below. c. New use or change of use that increases the estimated number of vehicle trips by less than 100 trips per day or has temporary impacts on the transportation system as determined by the City Engineer. This exemption is for outright permitted uses only. 3. Limitation on Exemptions. No more than one exemption is allowed every 3 years. The 3-year period starts from the date the city issues an occupancy permit or final inspection for the expanded, converted, or new buildings exempted under B.2.a and B.2.b above. Subsequent buildings that exceed the square footage threshold within the 3-year timeframe are not exempt. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 6 of 31 18.620.040 Review Process A. Purpose. The purpose of this section is to streamline the development review and approval process. B. Development Review. Development review is the process whereby the applicant submits all required development permit applications to the city for review against all applicable standards. Depending upon the type of development proposed, permit applications may be submitted consecutively or concurrently. If land use review is required or initiated by the applicant pursuant to Subsection C below, land use approval must be obtained prior to submitting for development review. 1. Early Assistance Meeting. The applicant shall request an Early Assistance Meeting with the city prior to the submittal of any required building, site, or public facility permit application. The director may waive this requirement for proposals that are not complex, would not benefit from a meeting with the city, or have had a Preapplication Conference as part of a related land use review. 2. Development Review Requirements. All proposed development shall demonstrate compliance with the following requirements at the time of development permit application submittal: a. Use and Design Standards. The proposed development conforms to all applicable use and design standards in this chapter, except as approved through the adjustment process as provided in Subsection 18.620.040.C.4. b. Transportation Facility Improvements. The proposed development will provide transportation facility improvements and mitigation at the time of development as determined by the transportation facility review process described in Subsection 18.620.040.B.3 below. c. Minimum Public Facility Improvements. The proposed development provides or will provide public facility improvements at the time of development that conform to the city’s minimum standards for safety and adequacy, which are as follows: i. Frontage on, or approved access to, a public street. ii. A minimum of 24 feet of pavement and horizontal clearance on a public street along each street frontage where access is taken. Additional transportation facility improvements may be required by Subsection B.2.b above. iii. Adequate public utilities pursuant to the city’s standards in the Public Works Design Manual and Sections 18.810.050 Easements, 18.810.090 Sanitary Sewers, and 18.810.120 Utilities. Section 18.810.120 may require undergrounding of utilities or a fee in lieu of undergrounding new or existing utilities. iv. Adequate stormwater management facilities for water quantity and quality pursuant to Clean Water Services’ standards and the city’s standards in the Public Works Design Manual and Section 18.810.100 Storm Drainage. 3. Transportation Facility Review Process. The transportation facility review process determines whether transportation improvements are needed and whether the proposed development will be required to construct or pay for them. a. The following review process applies to all proposed developments, except those that are Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 7 of 31 exempt from street frontage improvements (see Subsection 18.620.030.B.2) or trigger a Transportation Impact Study (see Subsection 18.620.040.B.3.c). i. The City Engineer will determine whether the proposed development is estimated to generate any new vehicle, pedestrian, or bicycle trips using the best available data and analysis, including but not limited to the ITE Trip Generation Manual or a Transportation Impact Study prepared by a transportation engineer licensed in the State of Oregon. ii. If the proposed development is estimated to generate new trips, the City Engineer will evaluate the existing transportation facilities along each street frontage of the proposed development site for conformance with the transportation facility standards in Subsection 18.620.090.C. The City Engineer will also evaluate the entire development site for conformance with Map 18.620.B Transportation Network Map. If existing transportation facilities do not meet current standards, the City Engineer will identify needed improvements based on the transportation facility standards in Subsection 18.620.090.C. iii. If transportation facility improvements are needed, the city will require construction of improvements and dedication of right-of-way at the time of development unless the city determines that such exactions are not roughly proportional to the number of new trips estimated to be generated by the proposed development. If the applicant disagrees with the city’s proportionality determination, the applicant may utilize the city’s Type II appeal procedure in Subsection 18.390.040.G in a de novo hearing. iv. The applicant may request to pay a fee in lieu of constructing the required transportation improvements as provided in Subsection 18.620.090.D. b. The following review process applies to a proposed development that is exempt from street frontage improvements pursuant to Subsection 18.620.030.B.2. i. The City Engineer will determine whether the proposed development is estimated to generate any new trips as described in Subsection 18.620.040.B.3.a.i above. ii. If the proposed development is estimated to generate new trips, the City Engineer will identify needed improvements for the sole purpose of determining whether any additional public right-of-way is needed for future transportation improvements. iii. If public right-of-way is needed for future transportation improvements, the city will require dedication of right-of-way at the time of development pursuant to Subsection 18.620.040.B.3.a.iii above. c. The following review process applies to a proposed development that triggers a Transportation Impact Study (TIS) as described below. i. A TIS is required if the proposed development: (1) is estimated by the City Engineer to generate more than 1,000 new vehicle trips per day, (2) includes a drive-thru component, or (3) impacts a state transportation facility as determined by the Oregon Department of Transportation. The applicant shall pay the fee listed in the city’s Master Fees and Charges Schedule for the city to conduct this study. The city will not accept any development permit or land use applications for review until the TIS has been completed and incorporated into the applicant’s development permit or land use application submittal. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 8 of 31 ii. The TIS will evaluate the existing transportation facilities for conformance with the city’s transportation facility standards, including affected off-site facilities. If existing transportation facilities do not meet current standards, the study will identify needed improvements based on the transportation facility standards in Subsection 18.620.090.C and those of any other affected road authorities. If the TIS determines that transportation facility improvements are needed, the city will require construction of improvements and dedication of right-of-way at the time of development pursuant to Subsection 18.620.040.B.3.a.iii above. iii. If the TIS identifies off-site impacts from the proposed development, the applicant shall submit a land use application as required by Subsection 18.620.040.C.2 that complies with the provisions in Subsection 18.620.040.C.3. 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 Planned Development land use review process in Chapter 18.350 is not available to properties located in the TMU Zone. 1. Preapplication Conference. The applicant shall request a Preapplication Conference with the city prior to the submittal of any required or applicant-initiated land use application as required by Chapter 18.390 Decision-Making Procedures. 2. Land Use Applications. If more than one land use application is required, they may be processed concurrently. The following types of land use applications are required by Table 18.620.1 in the following circumstances: Table 18.620.1 Required Land Use Applications Land Use Application Circumstances Code Section Transportation Mitigation The proposed development triggered a Transportation Impact Study (see Subsection 18.620.040.B.3.c.i) and it identified off-site impacts. 18.620.040.C.3 Adjustment The proposed development cannot meet all applicable design standards of this chapter, or the applicant elects to propose an alternative design or remove a district tree (see Subsection 18.620.070.H). 18.620.040.C.4 Lot Line Adjustment, Minor Land Partition, or Subdivision The proposed development includes a land division or property line adjustment. 18.620.040.C.5 Conditional Use The proposed development includes a basic utility use as defined in Subsection 18.130.050.A or a specific type of wireless communication facility as described in Chapter 18.798. 18.330 Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 9 of 31 Site Development Review The proposed development includes a specific type of wireless communication facility as described in Chapter 18.798. 18.360 Sensitive Lands The proposed development is located on lands that contain protected natural resources, such as streams or wetlands, and will potentially impact them. 18.775 Temporary Use or Structure The proposed development is for a temporary use or structure. 18.785 3. Transportation Mitigation (TM) Application. A TM application shall be processed as a Type II land use review as provided by Section 18.390.040 Type II Procedure. a. A TM application shall be approved when all of the following land use approval criteria have been met: i. The required Transportation Impact Study evaluated existing on- and off-site transportation facilities for conformance with all applicable transportation facility standards; identified needed improvements to adequately serve the proposed development; and recommended proportionate mitigations for all on- and off-site impacts. ii. The proposed development will provide transportation facility improvements and mitigation that conform to all applicable transportation facility design standards at the time of development unless the land use review authority determines that such exactions are not roughly proportional to the impacts of the proposed development. 4. Adjustment (ADJ) Application. An ADJ application shall be processed as a Type II land use review as provided by Section 18.390.040 Type II Procedure. b. An ADJ 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 provisions of Chapter 18.370 Variances and Adjustments do not apply to properties in the TMU Zone. c. An ADJ application shall be approved when all of the following land use approval criteria have been met for each requested adjustment: i. The proposed adjustment has public benefits and is generally consistent with the applicable stated purposes of this chapter. ii. The proposed adjustment includes enhancements to the pedestrian environment along the proposed development’s street frontage, including but not limited to:  Plaza development  District tree preservation  Pedestrian amenities in the public right-of-way  Pedestrian-oriented building façade design elements Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 10 of 31 iii. In situations where the proposed adjustment is needed to address development constraints associated with lot size, shape, or topography; multiple street frontages; or protected natural resources, the applicant has adequately explained the need and rationale for the proposed adjustment. iv. If the proposed adjustment is for the removal of a district tree, a condition of approval shall include payment of a district tree removal fee in the amount listed in the city’s Master Fees and Charges Schedule unless a finding is made that the property in question cannot be reasonably developed without removal of the district tree. District tree information and requirements are provided in Subsection 18.620.070.H. 5. Lot Line Adjustment, Minor Land Partition, or Subdivision Application. The provisions in Chapters 18.410, 18.420, and 18.430 shall continue to apply except as modified below. a. Lot size and shape shall be appropriate for the proposed development or, if no development is proposed, for an outright permitted use. There is no minimum lot area, width, or depth standard in the TMU Zone. b. Lots shall have frontage on, or approved access to, a public street. c. Driveways shall comply with the standards in Subsection 18.620.070.G. d. Screening is not required between lots. 18.620.050 Pre-Existing Development and Approvals A. Purpose. The purpose of this section is to remove barriers to small-scale incremental development and support existing development, transitional uses, and adaptive re-use of existing development. B. Legal Status. Pre-existing land uses and development that do not conform to the standards in this chapter but were lawfully in existence or approved prior to the effective date of this chapter shall be treated as lawful and approved uses and development. The provisions of Chapter 18.760 Nonconforming Situations do not apply to land uses and development in the TMU Zone. C. Sites with Pre-Existing Land Uses. 1. A pre-existing land use that does not meet the land use standards in Section 18.620.060 may continue but may not expand beyond the boundaries of the site that it occupied prior to the effective date of this chapter. 2. A pre-existing land use that does not meet the land use standards in Section 18.620.060 may not be re-established if discontinued for longer than six months, except where the discontinuance is the result of accidental destruction. Discontinuance caused by total or partial accidental destruction must commence repairs to re-establish the use within one year from the date of destruction. If repairs are not commenced within the one-year period, the use may not be re- established. Commencement of repairs occurs when a required development permit has been issued. D. Sites with Pre-Existing Development. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 11 of 31 1. Pre-existing development that does not meet the site or building design standards in Sections 18.620.070 and 18.620.080 may be re-established or re-built if accidentally destroyed as long as repairs are commenced within one year from the date of destruction. If repairs are not commenced within the one-year period, the development may not be re-established or re-built. Commencement of repairs occurs when a required development permit has been issued. 2. Pre-existing development that does not meet the site or building design standards in Sections 18.620.070 and 18.620.080 may not be re-established or re-built if intentionally destroyed unless the new development conforms to the site and building design standards in this chapter. 3. Modifications to pre-existing site improvements, such as vehicle parking and access, that do not meet the site design standards in Section 18.620.070 may continue but may not be modified if the modification would result in any site improvement going further out of conformance with the applicable site design standard in Section 18.620.070, unless approved through the adjustment process as provided in Section 18.620.040.C.4. 4. Modifications to pre-existing buildings that do not meet the site or building design standards in Sections 18.620.070 and 18.620.080 may continue and expand subject to the standards in Table 18.620.2 below. Applicable standards only apply to the proposed expansion and not the existing building. Expansions may be vertical (e.g. second story addition), horizontal (e.g. ground floor expansion), or both (e.g. two-story addition). Table 18.620.2 Modifications to Pre-Existing Buildings Proposed Building Modification Applicable Standards  Addition to a single-family residence.  Addition to a single-family residential accessory building that results in a building less than or equal to 528 square feet in size.  Addition to any building where the addition is located more than 35 feet away from all street property lines. Exempt from all site and building design standards except:  Minimum building setbacks (18.620.070.B)  Driveways (18.620.070.G)  District trees (18.620.070.H)  Maximum building height (18.620.080.A) Subject to all applicable standards in Sections 18.620.060 and 18.620.090.  All other additions not described above. Subject to all applicable site and building design standards in Sections 18.620.070 and 080. Subject to all applicable standards in Sections 18.620.060 and 18.620.090. 5. New land uses and development may be proposed on sites with pre-existing land uses and development subject to the following standards: a. All new land uses shall meet the land use standards in Section 18.620.060. b. All new site improvements, such as vehicle parking and access, shall meet the site design standards in Section 18.620.070. c. All new buildings are subject to the standards in Table 18.620.3 below. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 12 of 31 Table 18.620.3 New Buildings on Sites with Pre-Existing Development Proposed New Building Applicable Standards  New single-family accessory building less than or equal to 528 square feet in size.  New building located partially or completely behind an existing building and more than 35 feet away from all street property lines. Exempt from all site and building design standards except:  Minimum building setbacks (18.620.070.B)  Driveways (18.620.070.G)  District trees (18.620.070.H)  Maximum building height (18.620.080.A) Subject to all applicable standards in Sections 18.620.060 and 18.620.090.  All other new buildings not described above. Subject to all applicable site and building design standards in Sections 18.620.070 and 080. Subject to all applicable standards in Sections 18.620.060 and 18.620.090. E. Sites with Pre-Existing Land Use Approvals. 1. Exceptions. The provisions in Subsections E.2 and E.3 below apply to all development except those involving basic utility uses and wireless communication facilities. These uses shall continue to be subject to all previously imposed conditions of approval. They shall also continue to be subject to the standards and procedures in Chapter 18.330 Conditional Uses and Chapter 18.798 Wireless Communication Facilities respectively, unless different standards are approved through the adjustment process as provided in Subsection 18.620.040.C.4. 2. Conditions of Approval. Development that obtained land use approval and a final certificate of occupancy or inspection prior to the effective date of this chapter shall not be subject to any previously imposed conditions of approval. Development that obtained land use approval, but not a final certificate of occupancy or inspection, prior to the effective date of this chapter shall continue to comply with all previously imposed conditions of approval until a final certificate of occupancy or inspection, whichever is applicable, is obtained. 3. Modifications. Modifications to development that obtained land use approval prior to the effective date of this chapter are subject to the standards and procedures in this chapter. 18.620.060 Land Use Standards A. Purpose. The purpose of these standards is to encourage urban mixed-use development, limit suburban auto-oriented development, support transitional uses and adaptive re-use of existing development, and increase the diversity of goods and services available in the district. B. General Provisions. 1. Vertical and horizontal mixed-use development is permitted subject to the land use standards in Subsection C below. 2. Mobile food carts are permitted subject to the city’s food cart policy. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 13 of 31 3. Drive-thru development is prohibited. 4. Land uses are described in Chapter 18.130 Use Categories. C. Land Use Standards. 1. Permitted land uses are listed in Table 18.620.4. 2. Restricted land uses are listed in Table 18.620.5 and are subject to the following restrictions: a. Non-accessory parking shall be located within parking structures except where existing surface parking is proposed to be used for non-accessory parking. Covered parking is not considered a parking structure. i. Non-accessory parking structures shall meet all applicable design standards in this chapter. Additionally, ground stories shall be designed as flexible structures with flat floor decks that can transition to accommodate outright permitted uses in the future. ii. New non-accessory surface parking shall be allowed if approved through the adjustment process as provided in Subsection 18.620.040.C.4. b. Sales-oriented retail uses shall not exceed 30,000 square feet of floor area per tenant space. c. General and light industrial uses shall not exceed 2,000 square feet of floor area per tenant space. They shall also: i. Not utilize, store, or create highly combustible, explosive, or hazardous materials, and ii. Not be located outside of a building except for utilities, service areas, and off-street parking and loading areas. These types of activities shall be located and screened as required by the site design standards in Section 18.620.070. d. Wireless communication facilities are subject to the land use review process and associated standards in Chapter 18.798, unless different standards are approved through the adjustment process as provided in Subsection 18.620.040.C.4 or required by federal law. 3. Conditional land uses are listed in Table 18.620.6 and are subject to the land use review process and associated development standards provided in Chapter 18.330 Conditional Use. 4. Prohibited land uses are listed in Table 18.620.7 and are not eligible for adjustment through the land use review process provided in Subsection 18.620.040.C.4. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 14 of 31 Table 18.620.4 Permitted Land Uses Land Use Type Land Use Category Civic Use Colleges Community Recreation Cultural Institutions Day Care Emergency Services Medical Centers Postal Service Religious Institutions Schools Social/Fraternal Clubs/Lodges Commercial Bulk Sales Commercial Lodging Custom Arts and Crafts Eating and Drinking Establishments Indoor Entertainment Office Personal Services Repair-Oriented Retail Industrial Railroad Yards Research and Development Other Transportation/Utility Corridors Residential Group Living Household Living (all types) Transitional Housing Table 18.620.5 Restricted Land Uses Land Use Type Land Use Category Commercial Non-Accessory Parking Sales-Oriented Retail Industrial General Industrial Light Industrial Other Wireless Communication Facilities Table 18.620.6 Conditional Land Uses Land Use Type Land Use Category Civic Use Basic Utilities (Defined in Subsection 18.130.050.A) Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 15 of 31 Table 18.620.7 Prohibited Land Uses Land Use Type Land Use Category Commercial Adult Entertainment Animal-Related Commercial Major Event Entertainment Marijuana Commercial Facility Motor Vehicle Sales/Rental Motor Vehicle Servicing/Repair Outdoor Entertainment Outdoor Sales Self-Service Storage Vehicle Fuel Sales Industrial Heavy Industrial Industrial Services Marijuana Industrial Facility Warehouse/Freight Movement Waste-Related Wholesale Sales Other Agriculture/Horticulture Cemeteries Detention Facilities Heliports Mining 18.620.070 Site Design Standards A. Purpose. The purpose of these standards is to create safe, comfortable, and attractive streetscapes for pedestrians and preserve district trees, specifically the Oregon white oak. In keeping with the stated purpose of this section, site design standards do not apply to street property lines along Interstate 5 and Highway 217. B. Building Location. 1. Street Setbacks. The minimum building setback is 1 foot from the street property line. This standard applies to the entire building, except for building projections as allowed by Subsection 18.620.080.D. The maximum building setback is 12 feet from the street property line. This standard is met when at least 70 percent of the street-facing building façade is located no more than 12 feet away from the street property line as shown in Figure 18.620.1 below. a. For sites with more than one street property line, such as corner or through lots, the maximum building setback standard applies to all street property lines except where all of the following are met. i. The maximum building setback standard is met on at least one street property line. ii. The building is located at least 35 feet away from the other street property line(s). Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 16 of 31 b. For lots with existing buildings, the maximum building setback standard does not apply in the following situations: i. A new building is proposed to be completely located behind an existing building that meets the maximum building setback standard. ii. There is less than 25 linear feet of street frontage that does not contain a building within the maximum building setback area. c. The maximum street setback standard may be increased to 15 feet beyond the drip line of a district tree, as defined in Subsection 18.620.070.H, where a district tree is proposed to be preserved. 2. Interior Setbacks. There is no minimum or maximum building setback standard for interior property lines. 3. Clear Vision Areas. The clear vision standards in Chapter 18.795 do not apply to development in the TMU Zone. See Subsection 18.620.070.G.4 for driveway sight distance requirements. Figure 18.620.1 Site and Building Design Standards Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 17 of 31 C. Utilities and Service Areas. 1. Above-ground private utilities, such as transformers and utility vaults, shall be located behind a building or screened as required by Subsection 18.620.070.F.4 where the sum of the linear dimensions of length plus width plus height equals more than 36 inches. Landscaped stormwater facilities are exempt from this standard, and wireless communication facilities are subject to the standards and procedures in Chapter 18.798. 2. Service areas, such as those that contain waste and recycling containers, outdoor storage, and mechanical equipment, shall be located behind a building or screened as required by Subsection 18.620.070.F.4. Roof-top mechanical equipment is exempt from this standard. Vehicle parking and loading areas are subject to the standards in Subsection D below. D. Off-Street Vehicle Parking and Loading. 1. Quantity. There is no minimum quantity standard for off-street parking areas. The maximum quantity standard for off-street parking is provided in Table 18.765.2. This standard is not eligible for adjustment through the review process provided in Subsection 18.620.040.C.4 or elsewhere in this title. There is no minimum or maximum quantity standard for off-street loading areas. 2. Size. Each off-street parking space shall be a minimum of 7.5 feet in width and 17.5 feet in length. 3. Location. Off-street parking and loading areas, except those within parking structures, shall be located behind a building or at least 35 feet away from all street property lines. For purposes of this chapter, a parking structure includes an individual garage associated with a residential use. 4. Screening. Off-street parking and loading areas not located behind a building, except those within parking structures, shall be screened as required by Subsection 18.620.070.F.4. 5. Landscaping. Off-street parking areas with more than 10 spaces, except those that are covered or within parking structures, are subject to the following standards as shown in Figure 18.620.2 below: a. One landscaped island with a tree shall be provided at the end of each row of parking and at least every 5 spaces within each row of parking. A landscaped area that runs the entire length of a row of parking may be provided instead of the required landscaped islands but shall contain at least the same number of trees as the islands. b. All required landscaped areas shall be a minimum of 90 square feet in size for single-loaded parking rows or 180 square feet for double-loaded parking rows. No dimension shall be less than 5 feet as measured from the inside of any proposed curb. c. All required landscaped areas shall be protected from vehicle overhang through the use of wheel stops. d. All required and proposed trees shall have a minimum caliper of 1-1/2 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the Tigard Urban Forestry Manual for soil volume and species. All required trees shall be maintained in good health and be replaced as needed to meet the parking area landscaping standards into perpetuity. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 18 of 31 e. A required landscaped area may be used to meet the city’s stormwater standards. Figure 18.620.2 Parking Area Landscaping Standards 6. Vertical Clearance. Off-street parking areas shall have a minimum vertical clearance of 7 feet. Off-street loading areas shall have a minimum vertical clearance of 15 feet. 7. Circulation. Off-street parking and loading areas shall be designed to prevent vehicles from backing into the street unless approved by the City Engineer. 8. Surface Material. Off-street parking areas, except those that are covered or within parking structures, may be paved, graveled, or utilize a turf grid or open joint pavers. Covered or structured off-street parking areas and all off-street loading areas shall be paved. E. Bicycle Parking. 1. Quantity. The minimum quantity standard for public bicycle parking is provided in Table 18.620.8 below. There is no maximum quantity standard for public bicycle parking. Public bicycle parking is defined as bicycle racks or lockers that are available for use by members of the public, including but not limited to visitors, employees, and residents. There is no minimum or maximum quantity standard for private bicycle parking, but the provision of private bicycle parking is encouraged for employees and residents. 2. Size and Design. Bicycle parking spaces shall be a minimum of 2 feet in width and 6 feet in length. Bicycle racks shall be designed to allow a bicycle frame to lock to it at two points of contact. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 19 of 31 Table 18.620.8 Minimum Number of Public Bicycle Parking Spaces Proposed Development Minimum Number of Spaces Residential development that is not mixed-use and has more than 4 units. 4 spaces per every 120 linear feet of street frontage Non-residential and mixed-use developments. 6 spaces per every 120 linear feet of street frontage 3. Location. Bicycle parking spaces shall be visible to pedestrians on the sidewalk in front of the proposed development. They shall be located in front of or to the side of the building. They may be located in the public right-of-way with the approval of the City Engineer. Their location shall not conflict with the use and maintenance of any utilities, service areas, off-street vehicle parking and loading areas, driveways, or transportation facilities. F. Retaining Walls, Fences, and Street Screens. 1. Retaining walls shall not exceed 4 feet in height at any point within 12 feet of any street property line unless approved through the adjustment process as provided in Subsection 18.620.040.C.4. 2. Fences and walls along street and interior property lines are allowed but not required. Fences and walls shall not exceed 3 feet in height within 12 feet of any street property line. 3. Unfinished concrete blocks with any one dimension equal to or greater than 16 inches and chain link fencing are prohibited within 12 feet of any street property line. 4. Street screens are required to screen off-street parking and loading areas, service areas, and utilities from the street. Utilities and service areas include, but are not limited to, waste and recycling areas, transformers, utility vaults, and mechanical equipment. Street screens shall meet the following standards: a. A street screen shall be a wall, fence, or combination thereof. It shall be opaque and permanent and located within 5 feet of the area to be screened. Chain link fencing is prohibited. b. If the area to be screened is an off-street parking area, the street screen shall be between 4 and 6 feet in height. If the area to be screened is an off-street loading area, service area, or utility, the street screen shall be between 4 and 8 feet in height. c. A street screen is not required where it would obstruct vehicle or pedestrian access. d. A street screen may not be more than 12 feet in length where located within 35 feet of any street property line unless approved through the adjustment process as provided in Section 18.620.040.C.4. G. Driveways. 1. Quantity. Driveways on all streets are subject to the standards in Table 18.620.9 below, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets are subject to the access management standards in Chapter 18.705. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 20 of 31 Table 18.620.9 Maximum Number of Driveways Development Site Maximum Number of Driveways For each street frontage less than or equal to 300 feet in length 1 per frontage For each street frontage more than 300 feet in length 1 per every 200 feet of frontage 2. Size. Driveways for all uses, other than single-family residential uses, shall be 20 feet or less in width on all streets, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets shall only be as wide as needed for safety and are subject to the access management standards in Subsection 18.705.030.H. Driveways for attached or detached single-family residential uses shall be 10 feet or less in width. Driveway width measurements do not include driveway wings. 3. Location. Driveways shall be located as far apart from each other as practicable except where shared. Driveways near street intersections shall be located as from the intersection as practicable. Driveways are not permitted to be located in the influence area of any intersection with Dartmouth Street, 72nd Avenue, or Pacific Highway and are subject to the access management standards in Subsection 18.705.030.H. 4. Sight Distance. Driveways shall have adequate sight distance for safety. A sight distance analysis is required for proposed driveways or existing driveways on sites where development is proposed. The City Engineer shall specify the technical information that must be included in the analysis. 5. Shared driveways between adjacent developments shall be required where practicable and maintained into perpetuity with a recorded joint access agreement, contract, or other legally binding document. H. District Trees. 1. District trees are Oregon white oaks located throughout the TMU Zone in or adjacent to existing and future public rights-of-way. The director shall maintain an inventory and map of district trees. 2. If a district tree is removed, as provided below, or found to be in the public right -of-way, the director shall delete the tree from the district tree inventory and map. District trees deleted from the inventory and map for being in the right-of-way shall be regulated as street trees. Street trees are subject to the provisions in Subsection 18.620.090.C.4.b. 3. District trees shall be preserved but may be removed in the following circumstances: a. The applicant has submitted an Adjustment application as provided in Subsection 18.620.040.C.4 and has obtained the necessary land use approval and tree removal permit. Tree replacement is not required. b. The applicant has submitted a report from a certified arborist that demonstrates that the tree meets one of the criteria for removal in Section 7 Part 1.B.1, 2, 3, 5 or 10 of the Tigard Urban Forestry Manual for a dead, dying, or hazardous tree and has obtained the necessary tree removal permit. Tree replacement is not required. 4. Development adjacent to district trees is subject to the following standards: Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 21 of 31 a. The district tree preservation area shall extend 15 feet beyond the drip line of the tree. b. Pedestrian facilities are allowed within the tree preservation area. c. Buildings, driveways, and off-street vehicle parking and loading areas are not allowed within the tree preservation area. d. Tree protection measures shall be in place during any ground disturbance work. Tree protection measures shall consist of a 5-feet metal fence placed on the perimeter of the tree preservation area. 18.620.080 Building Design Standards A. Purpose. The purpose of these standards is to create safe, comfortable, and attractive streetscapes for pedestrians and support small-scale incremental development. In keeping with the stated purpose of this section, building design standards do not apply to street property lines along Interstate 5 and Highway 217. B. Building Height. The maximum allowed building height is 6 stories, except for properties shown on Map 18.620.A that have a maximum allowed building height of 4 stories. Basements, as defined in Chapter 18.120, are not considered stories for purposes of meeting this standard. The height standard for each type of story is provided in Table 18.620.10 below. 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 18.798. Table 18.620.10 Height by Type of Story Type of Story Height Ground story 12 feet (min.) and 25 feet (max.) Middle stories 14 feet (max.) Top story 18 feet (max.) C. Building Entry. Building entries shall be located on street-facing building façades as follows: 1. Quantity. A minimum of one building entry shall be provided for: a. Every 80 feet of building façade, and b. Every individual residence or tenant space with a street-facing façade that is not provided with a shared street-facing entry. Buildings that front onto two or more streets shall meet this requirement on at least one façade, but they are exempt from this requirement on the remaining façades where the façades are less than 50 feet in width. 2. Location. The maximum setback for a required building entry is 20 feet from the street property line. A required building entry shall be at an angle that is no more than 45 degrees from the street, Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 22 of 31 except for entries to individual residences. Entries to individual residences that open onto a porch or stoop shall be at an angle that is no more than 90 degrees from the street. 3. Grade. A required entry shall be no more than 1 feet above or below the grade of the adjacent sidewalk, except for entries to individual residences. There is no grade requirement for entries to individual residences. 4. Weather Protection. A required building entry shall be covered, recessed, or treated with a permanent architectural feature that provides weather protection. The required weather protection shall be at least as wide as the entry, a maximum of 6 feet above the entry, and a minimum of 3 feet in depth. The required weather protection may project into the minimum building setback and public right-of-way as allowed by Subsection 18.620.080.D.2 below. D. Building Projections. Building projections are allowed as follows: 1. Architectural elements such as eaves, cornices, and bay windows may project into the minimum building setback as shown in Figure 18.620.3 below. 2. Balconies or weather protection for balconies, building entries, or along building façades may project into the minimum building setback and public right -of-way. Elements in the right-of-way shall project a maximum of 4 feet and have a minimum vertical clearance of 10 feet from sidewalk grade as shown in Figure 18.620.3 below. 3. Signs may project into the minimum building setback and public right-of-way subject to the standards in Chapter 18.780. Figure 18.620.3 Building Projection Standards Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 23 of 31 E. Building Façade Windows. Building façade windows are required as follows: 1. Windows are required on all street-facing façades within 35 feet of any street property line and are subject to the window area standards in Table 18.620.11 below and as shown in Figure 18.620.4. a. Street-facing façades that contain vehicle parking, such as parking structures, do not have to provide windows but shall provide façade openings that meet the minimum required window area in Table 18.620.11 below. If required façade openings contain glass, they shall meet the standards in Subsection E.3 below. If required façade openings do not contain glass, they may contain architectural elements that are no more than 30% sight-obscuring. Table 18.620.11 Minimum Window Area Type of Story and Use Minimum Window Area Ground Story: Mixed-Use and Non-Residential 50% of façade Upper Stories: Mixed-Use and Non-Residential 30% of façade Ground Story: Residential Only 30% of facade Upper Stories: Residential Only (Does not apply to stories with sloped roofs or dormers) 15% of façade Figure 18.620.4 Window Area Standards Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 24 of 31 2. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Façade area is the aggregate area of each street-facing vertical wall plane. 3. Required windows shall be clear glass and not mirrored, frosted, or reflective. Clear glass within doors may be counted toward meeting the window coverage standard. 18.620.090 Transportation Facility Standards A. Purpose. The purpose of these standards and procedures is to create safe, comfortable, and attractive streetscapes for pedestrians, improve connectivity for all modes of travel, and remove barriers for small-scale incremental development. B. General Provisions. This section contains the standards and procedures for improvements to public transportation facilities for all property located in the Tigard Triangle Plan District, including specific standards for vehicle, pedestrian, bicycle, and transit facilities. The terms “transportation facilities” and “transportation improvements” generally include those facilities, or improvements to those facilities, that accommodate all modes of travel that are usually located in public rights-of-way, also commonly referred to as streets. “Frontage improvements” are transportation improvements immediately adjacent to a proposed development’s street frontage. “Off-site improvements” are transportation improvements not adjacent to a proposed development’s street frontage. C. Transportation Facility Standards. 1. General Standards a. All transportation and associated utility improvements to be placed in a public right-of-way or public access easement shall: i. Meet the design standards of the city including but not limited to location, grade, width, materials, lighting, signage, and number and type of individual street elements as provided in this chapter, Chapter 18.810, and the Public Works Design Manual; and ii. Tie into existing transportation and associated utility improvements; and iii. Be reviewed and approved through the city’s public facilities permitting process, including but not limited to the requirements in Subsection 18.810.030.S and Sections 18.810.130 – 200; and iv. Obtain all necessary approvals and permits from other applicable road authorities if the right-of-way to be improved is not under the city’s jurisdiction. b. Right-of-way shall be dedicated to the public for transportation purposes. Additional right-of- way dedication may be required at intersections for needed improvements identified by a transportation impact study or applicable road authority. c. Partial transportation improvements, also called half-street improvements, resulting in other than full improvements on both sides of the street are generally not acceptable. Partial transportation improvements may be approved where the city finds that it will be possible for the adjoining property to dedicate and improve the remainder of the street when it develops. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 25 of 31 2. Intersection Design and Spacing a. Streets shall generally intersect at right angles (90 degrees). Angles of less than 75 degrees shall not be permitted unless approved by the City Engineer. Streets shall generally intersect so that centerlines are not offset. b. Intersections shall have curb extensions to reduce pedestrian crossing distances, except on streets that do not have dedicated on-street parking lanes. c. Street connections are subject to the intersection spacing standards in Table 18.620.12 below. Table 18.620.12 Minimum Distance Between Street Intersections Street Minimum Distance Between Street Intersections 72nd Avenue and Pacific Highway 600 feet Dartmouth Street 200 feet All Other Streets 125 feet d. Clear vision standards in Chapter 18.795 do not apply to street intersections in the TMU Zone. 3. Transportation Network Connectivity a. Transportation improvements shall conform to Map 18.620.B Transportation Network Map. Alleys are encouraged but not required. Private streets are prohibited. b. Block perimeters shall be 2,000 feet or less. If this standard cannot be met due to topographical constraints, protected natural resource areas, or existing development patterns, a bicycle and pedestrian connection shall be required by Subsection 3.c.i below. c. Bicycle and pedestrian connections include off-street trails and paths as defined in Subsection 18.620.090.C.4.d.i. Bicycle and pedestrian connections shall be provided as required below. i. Where the intersection spacing or block perimeter standards cannot be met, a bicycle and pedestrian connection shall be provided every 330 feet or less. ii. Where addition of a connection would reduce walking distance by at least 300 feet to an existing transit stop, planned transit route, school, or park. iii. Where addition of a connection would provide a midblock connection between a block face that exceeds 800 feet or would link the end of a turnaround with a nearby street. d. Streets shall be extended to the boundary lines of the proposed development where necessary to give access to or allow for future development of adjoining properties. i. Any required or proposed new streets through or along the boundary of the proposed development shall be accompanied by a future street plan. The future street plan shall show that is feasible to extend all required or proposed new streets onto adjoining properties to the satisfaction of the City Engineer. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 26 of 31 ii. Temporary turnarounds shall be constructed for street stubs in excess of 150 feet in length. Drainage facilities shall be constructed to properly manage stormwater runoff from temporary turnarounds. iii. Street stubs to adjoining properties shall not be considered turnarounds, unless required and designed as turnarounds, since they are intended to continue as through streets when adjoining properties develop. iv. Reserve strips may be required in order to ensure the eventual continuation or completion of a street. e. Permanent dead end streets are not allowed except where no opportunity exists for creating a through street connection. Dead end streets shall meet all fire code access requirements and shall only be used where topographical constraints, protected natural resource areas, existing development patterns, or strict adherence to other city requirements precludes a future street connection. The lack of present ownership or control over abutting property shall not be grounds for a dead end street. 4. Transportation Facility Design a. Street Design. All streets are subject to the design standards in Table 18.620.13 below and as shown in Figure 18.620.5, except for Dartmouth Street, 72nd Avenue, and Pacific Highway which are subject to the design standards in Chapter 18.810. Table 18.620.13 Street Elements and Widths Street Element Width Notes Maximum Right-of-Way (without bike lanes) 64’ Any turn lanes required by the City Engineer shall be accommodated in the on-street parking lane. Maximum Right-of-Way (with bike lanes) 70’ – 76’ Any turn lanes required by the City Engineer shall be accommodated in the on-street parking lane. Bike lanes are required on specific streets. See Map 18.620.B for bike lane locations. Bike lanes are 6’ in width and usually, but not always, located on both sides of the street. Vehicle Lane 10’ One travel lane in each direction is required. The need for a center lane is determined by the City Engineer. On-Street Parking Lane 8’ Parking on both sides of the street is required along the full length of each block face unless otherwise approved by the City Engineer for access, sight distance, stormwater facilities, bus stops, right turn lanes, or other need as identified by the City Engineer. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 27 of 31 Sidewalk Corridor 14’ Sidewalk corridors are required on both sides of the street. Each corridor shall include a sidewalk, landscape strip or tree well, and a 6” curb.  Minimum sidewalk width is 6’  Minimum landscape strip width is 5’  Minimum tree well dimensions are 5’ x 14’ Landscape strips, if proposed, shall be designed as stormwater facilities. Tree wells may be designed as stormwater facilities. See below for additional standards on stormwater facilities and street trees. Curb extensions shall be included at all intersections. Figure 18.620.5 Street Elements and Widths b. Street Trees i. Street trees shall meet the standards in Section 2, Section 12, and Appendix 2 of the Tigard Urban Forestry Manual for tree size, spacing, maintenance, soil volume, and species. If tree wells are used, paving stones or Belgian blocks shall be used to protect tree roots in lieu of metal or rubber grating. ii. Street tree removal is subject to the city’s tree removal permit process and the standards in Section 3 of the Tigard Urban Forestry Manual. iii. Any Oregon white oak initially identified as a district tree, as defined in Subsection 18.620.070.H, that is considered a street tree due to its location in the public right-of-way shall be regulated as a street tree and preserved where practicable. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 28 of 31 c. Stormwater Facilities i. Stormwater facilities for managing stormwater runoff from transportation facilities shall meet all applicable Clean Water Services and City of Tigard standards. ii. Above-ground vegetated water quality facilities shall be required wherever practicable. iii. Water quality facilities may be located in an on-street parking lane in lieu of on-street parking or in the landscape strip or tree well area of the sidewalk corridor. iv. All stormwater facilities in the public right -of-way shall be approved by the City Engineer. d. Pedestrian Facilities i. Pedestrian facilities include sidewalks, trails, and paths. Definitions for these facilities are as follows:  Sidewalks are paved on-street transportation facilities for pedestrians.  Trails are paved off-street transportation facilities for pedestrians and bicyclists that span multiple developments, lots, or blocks. They are often located next to other linear corridors such as streams, highways, or rail lines and allow users to travel greater distances than paths. Recreational trails are recreational facilities that may or may not be paved and are often located within parks or natural areas.  Paths are paved off-street transportation facilities for pedestrians and bicyclists that provide connections through or between developments within a single block or for short distances. ii. Sidewalks, trails, and paths shall conform to the standards of this section and applicable federal and state accessibility requirements. iii. Sidewalks, trails, and paths shall generally be located within the public right-of-way. They may be located outside of the public right-of-way within a public access easement with approval by the City Engineer. iv. Sidewalks shall have a minimum unobstructed width of 6 feet for pedestrian through- travel. Any sidewalk area outside of the required through-travel area may be used for commercial purposes by adjacent development or may contain pedestrian amenities, such as street furniture, bicycle parking, trash cans, and drinking fountains. Use of this area for commercial purposes includes, but is not limited to: customer seating, merchandise display, and A-frame signage. Use of this area for commercial purposes is at the sole discretion of the City Engineer and may not include any permanent structures or utilit ies unless expressly approved by the City Engineer. v. Trails shall have a minimum right-of-way width of 15 feet and a minimum improved surface width of 10 feet. Trail widths may be reduced where constrained by existing development, protected natural resource areas, or topography as determined by the City Engineer. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 29 of 31 vi. Paths shall have a minimum right-of-way width of 12 feet and a minimum improved surface width of 8 feet. Path widths may be reduced where constrained by existing development, protected natural resource areas, or topography as determined by the City Engineer. Paths shall be located to provide a reasonably direct connection between likely pedestrian destinations. e. Bicycle Facilities i. Bicycle facilities include bicycle parking, on-street shared lanes, on-street bike lanes, trails, and paths. Trails and paths are defined in Subsection 4.d.i above. ii. Bicycle facility improvements include, but are not limited to: bicycle racks, signage, pavement markings, intersection treatments, traffic calming, and traffic diversion. f. Transit Facilities i. Transit facilities include transit stops, transit shelters, transfer stations, and other related public transit facilities. ii. Transit facility improvements include, but are not limited to: benches, signage, shelters, bus turnouts, curb extensions, pedestrian crossings, and pedestrian lighting. iii. Factors that determine the level of transit improvements needed include, but are not limited to: street classification, existing and planned level of transit service on adjacent streets, block length, proximity of major pedestrian destinations, existing and estimated ridership, and estimated transit needs of the proposed development. iv. Transit facilities shall conform to current TriMet standards with final approval by the City Engineer. D. Fee in Lieu of Construction (FILOC). If improvements to public transportation facilities are required by Subsection 18.620.040.B.2.b, the applicant may request to pay a fee in lieu of constructing the requir ed improvements. The provisions of this subsection do not allow the applicant to a pay a fee in lieu of dedicating any needed public right-of-way. 1. FILOC Review Criteria The city may accept a fee in lieu of constructing the required improvements when one or more of the following conditions exist. a. The city is actively in the process of studying or developing new design standards for one or more of the streets on which the proposed development has frontage. b. Required improvements are not feasible due to the location of existing development or frontage improvements. c. Required improvements are not feasible due to the inability to achieve proper design and safety standards. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 30 of 31 d. Required improvements are part of a larger approved capital improvement project that is listed as a funded project in a local or regional Capital Improvement Program (CIP) and is scheduled for construction within 5 years of the city’s approval of the proposed development. 2. FILOC Findings If the City Engineer determines that a fee in lieu of construction satisfies one of the criteria in Subsection D.1 above, the city will accept a fee upon the City Engineer finding that deferring construction of required improvements will not result in any of the following. a. Safety hazards as determined by the City Engineer. b. New and significant street drainage issues as determined by the City Engineer. If the City Engineer cannot make such findings, then the city shall not accept a fee and shall require construction of the required improvements. 3. FILOC Fees If the City Engineer determines that required improvements are eligible for FILOC, the applicant shall pay the fee in lieu of constructing the required improvements unless the city determines that the fee is not roughly proportional to the number of new trips estimated to be generated by the proposed development. The City Engineer will determine the fee based upon an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices. The applicant shall pay the fee to the city prior to the issuance of any development permits. a. If full transportation facility improvements have been assessed with previous development(s) on the site and the proposed development has additional impacts, the city may only assess additional FILOC fees when there has been a change to the city’s street design standards. b. If partial transportation facility improvements have been assessed with previous development(s) on the site and the proposed development has additional impacts, the city may assess additional FILOC fees for the balance of the improvements. c. If the applicant pays a fee in lieu of constructing the required and is issued a development permit by the city but does not develop as planned, the applicant may request a refund of the FILOC fee within 3 years of payment. Any refunds are subject to the approval of the City Engineer. 4. FILOC Program Administration Fees collected by the city may be used to construct public transportation facilities or to leverage additional grant money for larger transportation projects. An accounting of fees collected and expended will be made available by the city to the public on an annual basis at the end of the fiscal year. Expenditure of fees is subject to the following: a. Fees shall be used for construction of public transportation facilities that benefit the development sites that paid the fees. Chapter 18.620 (Clean Copy) Proposed Code Amendments June 19, 2017 Page 31 of 31 18.620.100 Sign Standards A. Signs in the TMU Zone are subject to the standards and procedures in Chapter 18.780 and shall utilize the MU-CBD sign standards in Subsection 18.780.130.C. Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 1 of 16 Proposed new text is underlined (and in bold and italics). Proposed deleted text is shown as strikethrough text. Chapter 18.520 COMMERCIAL ZONING DISTRICTS Sections: 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses 18.520.040 Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.520.010 Purpose A. Provide range of commercial services for city residents. One of the major purposes of the regulations governing development in commercial zoning districts is to ensure that a full range of retail and office uses are available throughout the city so that residents can fulfill all or most of their needs within easy driving and, ideally within easy walking and/or biking distance of their homes. The location of land within each commercial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of commercial activity on established residential areas. At the same time, it is important to create more opportunities for mixed use mixed-use development, including residential, commercial and institutional activities, in new and re -developing commercial areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the city limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 18.520.020 List of Zoning Districts A. C-N: neighborhood commercial district. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. B. C-C: community commercial district. The C-C zoning district is designed to provide convenience shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000 —100,000 gross square feet on sites ranging from 2—8 acres. Separated from other commercially-zoned areas by at least one-half mile, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more collector streets or at the intersection of an Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 2 of 16 arterial and collector street. Housing is permitted on or above the second floor of commercial structures at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R - 12 zone. A limited number of other uses, including but not limited to car washes, ga s stations, religious institutions, and transit-related park-and-ride lots, are permitted conditionally. In addition to mandatory site development review, design and development standards in the C-C zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian- friendly. C. C-G: general commercial district. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non- conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. D. C-P: professional/administrative commercial district. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residenti al uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. E. MU-CBD: mixed-use central business district mixed use-central business district. The MU-CBD zoning district is designed to provide a pedestrian friendly urban village in downtown Tigard. A wide variety of commercial, civic, employment, mixed-use, multifamily and attached single-family residences are permitted. New development and redevelopment is required to conform In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.610. F. MUE: mixed-use employment district. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I-5. This zoning district permits accommodate a wide range of uses including major retail goods and services, business/professional offices, civic uses an d multi- family housing.; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is still important to (1) support alternative modes of transportation to the greatest extent possible; and (2) encourage a mix of uses to facilitate intra-district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the city through the legislative process. G. MUE-1 and MUE-2: mixed use mixed-use employment 1 and 2 districts. The MUE-1 and 2 zoning districts are is designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support u ses are allowed but are limited, and residential uses are permitted which are compatible with employment character of the area. Lincoln Center is an example of an area designated MUE -1, the a high density mixed use mixed-use employment district. The Nimbus area is an example of an area designated MUE-2 requiring more moderate densities. In addition to the standards of this chapter, development Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 3 of 16 within these zones is subject to the standards of Chapter 18.630. H. MUC: mixed use mixed-use commercial district. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.630. I. MUC-1: mixed use mixed-use commercial 1 district. The MUC-1 zoning district, which is designed to apply to that portion of Bridgeport Village (formerly known as the Durham Quarry site) within the City of Tigard, is a mixed-use commercial district bounded by 72nd Avenue, Findlay Street and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin shall furnish all planning, building and associated development review/permit services for the property. This zoning district is intended to mirror the City of Tualatin’s Mixed Use Commercial Overlay District (TDC, Chapter 57). It permits a wide range of uses including commercial lodging, gene ral retail, offices and housing; the latter includes multi-family housing at a minimum density of 25 units/acre and a maximum of 50 units/acre. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are permitted conditionally. In addition to the standards of this chapter, development within this zone is subject to the standards of Chapter 18.640. J. MUR-1 and MUR-2: mixed-use residential 1 and 2 districts. The MUR-1 and MUR-2 zoning districts are is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. In addition to the standards of this chapter, development within these zones are subject to the standards of Chapter 18.630. (Ord. 10-02 §2; 02- 33) K. TMU: triangle mixed-use district. The TMU zoning district applies to most land within the Tigard Triangle, a regional Town Center bounded by Pacific Highway, Highway 217, and Interstate 5. The TMU zoning district is intended to be an active, urban, multi-modal and mixed-use district that accommodates a variety of housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. Development in this zone is subject to the uses, standards, and procedures in Chapter 18.620. 18.520.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions. 3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapter 18.370. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030. Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 4 of 16 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in commercial zones is presented in Table 18.520.1. C. Accessory structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the state building code. 2. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Chapter 18.798, Wireless Communication Facilities, shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. (Ord. 10-15 §1; Ord. 09-13) Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 5 of 16 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N[1, 4] [1, 2] C-C[3,4 5, 10] C-G C-P MU- CBD[5,619,38] MUE[7 20] MUC- 1 MUC[28] MUE 1 and 2[28] MUR 1 and 2[28] RESIDENTIAL Household Living N R[6] [8] R[11] [9] R P R[21] [10] P[26] P P P Group Living N N C N P N C R[29] [11]/C R[29] [11]/C R[29] [11]/C Transitional Housing N N C N C N C C C C Home Occupation R[2] [12] R[2] [12] R[2] [12] R[2] [12] R[2] [12] R[2] [12] P R[2] [12] R[2] [12] R[2] [12] HOUSING TYPES Single Units, Attached N/A N/A N/A N/A P N/A N/A R[30] [13] R[30] [13] P Single Units, Detached N/A N/A N/A N/A N/A N/A N/A R[30] [13] R[30] [13] R[30] [13] Accessory Units N/A N/A N/A N/A N/A N/A N/A R[31] [14] R[31] [14] R[31] [14] Duplexes N/A N/A N/A N/A N/A N/A N/A R[30] [13] R[30] [13] P Multifamily Units N/A N/A N/A N/A P N/A N/A P P P Manufactured Units N/A N/A N/A N/A P N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A R[36] [15] N/A N/A N N N CIVIC (INSTITUTIONAL) Basic Utilities C C[32] [16] C[32] [16] C C C C C[32] [16] C[32] [16] C[32] [16] Colleges N N N N P C C C C C Community Recreation N P N N P C N P C C Cultural Institutions P P P P P P P P P N Day Care P P P P P P P P P P/C[33] [17] Emergency Services P P P P P P P P P N Medical Centers C N C C C C C C C C Postal Service P P P P P P P P P N Public Support Facilities P P P P P P P P P P Religious Institutions C C P P P P P P P C Schools N N N N P C C C C C Social/Fraternal Clubs/Lodges C C P P P P P P P C COMMERCIAL Commercial Lodging N N P R[14] [18] P P P P P N Custom Arts and Crafts N N N N P R [39] [19] N N N N N Eating and Drinking Establishments C P P R[15][20] P P P P P R[34/35][21,22] Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 6 of 16 USE CATEGORY C-N[1, 4] [1, 2] C-C[3,4 5, 10] C-G C-P MU-CBD[5,6 19, 38] MUE[7 20] MUC- 1 MUC[28] MUE 1 and 2[28] MUR 1 and 2[28] COMMERCIAL (cont’d.) Major Event Entertainment N N C N C N C C N N Outdoor Entertainment N N P R[15][20] C N N C N N Indoor Entertainment P P P P P P P P P N Adult Entertainment N N C N N N N C N N Sales-Oriented P P[7]R [23] P R[16][24] P/R[37][25] P R[22] R[25] [26] P R[22] [27] R[34/35][21,22] Personal Services P P P P P P R[22] R[25] [26] P R[22] [27] R[34/35][21,22] Repair-Oriented P P P N P P R[22] R[25] [26] R[22] [27] R[22] [27] N Bulk Sales N N P N R[36] [15] P R[22] R[25] [26] R[22] [27] R[22] [27] N Outdoor Sales N N P N N N N N N N Animal-Related N N N N N P P N N N Motor Vehicle Sales/Rental N N P/C[12][28] N R[36] [15] N N R[24][29] R[24][29] N Motor Vehicle Servicing/Repair N C[8] [30] P/C[12][28] N C R[22] [26] R[25] [26] N N N Vehicle Fuel Sales C C C N R[36] [15] N C C C N Office P R[9] [31] P P P P P P P R[34/35][21,22] Self-Service Storage N N C N R[36] [15] N N N N N Non-Accessory Parking C C P P P P P P P N INDUSTRIAL Industrial Services N N N N N N N N N N Light Industrial N N N N N R[23] [32] N N R[23] [32] N General Industrial N N N N N N N N N N Heavy Industrial N N N N N N N N N N Railroad Yards N N N N N N N N N N Research and Development N N N N C R[24] [29] R[24] [29] N R[23] [32] N Warehouse/Freight Movement N N N N N R[24] [29] N N R[23/24][29.32] N Waste-Related N N N N N N N N N N Wholesale Sales N N N N N N N N R[23/24][29.32] N OTHER Agriculture/Horticulture N N N N N N N Cemeteries N N N N N N N Detention Facilities N N C N C N N Heliports N N C C N N N Mining N N N N N N N Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 7 of 16 USE CATEGORY C-N[1, 4] [1, 2] C-C[3,4 5, 10] C-G C-P MU-CBD[5,6 19, 38] MUE[7 20] MUC- 1 MUC[28] MUE 1 and 2[28] MUR 1 and 2[28] OTHER (cont’d.) Wireless Communication Facilities P/R[3][ 33] P/R[3][33] P/R[3][33] P/R[3][33 ] P/R[3][33] P/R[3][33 ] P/R[27] [34] Transportation/Utility Corridors P P P P P P P P P P P=Permitted R=Restricted C=Conditional Use NA=Not Applicable N=Not Permitted [1] All permitted, restricted and conditional uses subject to special development standards limitation on uses contained in 18.520.050.A. [4][2] Uses operating before 7 a.m. and/or after 10 p.m. are conditional uses. [5][3] All permitted, limited restricted and conditional uses subject to special must meet special development standards limitation on uses in 18.520.050.B. [10][4] Uses operating before 6 a.m. and/or after 11 p.m.; or drive-up windows are conditional uses. [19][5] Drive-up windows are permitted to continue if the property had one lawfully in existence prior to the adoption of the MU -CBD zone designation. Otherwise, not permitted. [38][6] All developments subject to Chapter 18.610, Downtown Urban Renewal Standards Tigard Downtown Plan District, and Map 18.610.A. [20][7] All permitted, restricted and conditional uses subject to special development standards limitation on uses contained in 18.520.050.C. [6][8] Residential units permitted by right, as a mixed use mixed-use development in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. [11][9] A single-family unit providing that it is located on the same site with a permitted or condi tional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multifamily housing is permitted as part of a PD, subject to Chapter 18.350, unless located within the Tigard Triangle Plan District, where it i s permitted outright. [21][10] New multifamily residential, at 25 units/gross acre, allowed outright. and P pre-existing detached and attached single-family dwellings are permitted outright. [29][11] Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. [2] [12] Permitted subject to requirements Chapter 18.742. [30][13] Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630. [31][14] Permitted for pre-existing housing units, subject to requirements Chapter 18.710. [36][15] Only for properties that were lawfully in existence (as permitted, conditional, or planned development) prior to the adoption of the MU-CBD zone designation. [32][16] Except water, storm, sanitary sewers, and other underground infrastructure facilities, which are allowed by right. [33][17] In-home day care which meets all state requirements permitted by right; freestanding day c are centers which meet all state requirements permitted conditionally. [14][18] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. [39][19] Custom Arts and Crafts uses may not exceed 500 square feet of production area. [15][20] As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. [34][21] This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor a rea within the mixed-use development, and shall be permitted only when minimum residential densities are met. An exception to the requirement that commercial uses may be permitted only if residential minimum densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400, 1S135AA-01400, 1S135AA-01900, 1S135AA-01901, 1S135DA-02000, 1S135AA-02500, 1S135AA-02600, 1S135AA-02700, 1S135DA-01900, and 1S1DA-02000. These parcels, or parcels created from these parcels, after the effective date of this ordinance, may be developed as a solely commercial use with a use permitted in the MUR-1 or MUR–2 zones. [35][22] The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. An exception to the limit on the size of a building occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted properties are identified as assessor map number: 1S135AA-00400, 1S135AA-01400, 1S135AA-01900, 1S135AA-01901, 1S135DA-02000, 1S135AA-02500, 1S135AA-02600, 1S135AA-02700, 1S135DA-01900, and 1S1DA-02000. On these parcels, or parcels created from these parcels, after the effective date of this ordinance, a commercial development is not limited to a speci fic square footage, however, all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development. [7][23] Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. [16][24] May not exceed 10% of the total square footage within an office complex. [37][25] New retail and sales uses may not exceed 60,000 square feet of gross leasable area per building in all subareas except 99W/Ha ll Corridor subarea. (See Map 18.610.A) [25][26] Permitted provided the use is no larger then 60,000 square feet of gross floor area per building or business. Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 8 of 16 [22] [27] New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. [12][28] Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles an d farm equipment and/or storage of recreational vehicles and boats permitted conditionally. [24][29] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. [8][30] Limited to motor vehicle cleaning only. [9][31] When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. [23][32] All activities associated with this use, except employee and customer parking, shall be contained within buildings. [3][33] See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. [27][34] Wireless only as attached to structure within height limit, see Chapter 18.798. [13] (Deleted by Ord. 09-13) [17] Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O’Mara, Ash Avenue and Hill Street, within which proper ty zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. [18] Motor vehicle cleaning only. [26] Household living limited to single units, attached, and multifamily including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. [28] All Permitted and Conditional Uses subject to special development standards contained in Chapter 18.630. (Ord. 16-23 §2; Ord. 15-05 §2; Ord. 10-15 §1; Ord. 10-02 §2; Ord. 09-13; Ord. 02-32) Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 9 of 16 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 10 of 16 TABLE 18.520.2 COMMERCIAL DEVELOPMENT STANDARDS STANDARD C-N C-C[9][1] C-G[2] C-P MU- CBD** MUE (Non- MF*)C- G MUE (MF*) DU* MUC – 1[3] MUC [17][18] [4,5] MUE 1 [17][18] [4,5] MUE 2 [17][18] [4,5] MUR 1 [17][18] [4,5] MUR 2 [17][18] [4,5] Minimum Lot Size - Detached unit - Boarding, lodging, rooming house 5,000 sq ft - - 5,000 sq ft - - None - - 6,000 sq ft - - None - - None - - - 1,480 sq ft 6,100 sq ft None - - None - - None - - None - - None - - None - - Minimum Lot Width 50 ft 50 ft 50 ft 50 ft None 50 ft None None None None None None None Minimum Setbacks [6] - Front yard - Side facing street on corner & through lots [1] - Side yard - Side or rear yard abutting more restrictive zoning district - Rear yard - Distance between front of garage & property line abutting a public or private street. 20 ft 20 ft 0/20 ft [8][7] - 0/20 ft [8] - 0/20 ft [10][8] - 0/20 ft [8][7] - 0/20 ft [8][7] - 0 ft [11][9] - 0/20 ft [8][7] - 0/20 ft [8][7] - 0 ft [11][9] - 0/20 ft [8][7] - 0/20 ft [8][7] -    -  - 0 ft [11][9] - 0/20 ft [8][7] - 0/20 ft [8][7] - 20 ft 20 ft 10 ft 30 ft 20 ft 20 ft       0 ft[19][10] 0 ft[19][10] 0 ft[19][20] [10.11] - 0 ft[19][20] [10.11] N/A 0 ft[21][12] 0 ft[21][12] 0 ft[20][11] - 0 ft[20][11] N/A 0 ft[21][12] 0 ft[21][12] 0 ft[20][11] - 0 ft[20][11] N/A 0 ft[21][12] 5 ft[21][12] 0 ft[20][11] - 0 ft[20][22] [11, 13] N/A 10 ft[21][12] 10 ft[21][12] 0 ft[20][11] - 0 ft[20][22] [11, 13] N/A Minimum Building Height N/A N/A N/A N/A  N/A N/A N/A 2 stories 2 stories None 2 stories None Maximum Building Height 35 ft 35 ft 45 ft 45 ft  45 ft 45 ft 70 ft 200 ft 200 ft 60 ft 75 ft 45 ft Maximum Site Coverage [2][14] 85 % 80 % 85 % 85 %  85 % 80 % [16] 90% 85% 85% 85% 80% 80% Minimum Landscape Requirement 15 % 20 % 15 % 15 %  15 % 20 % 10% 15% 15% 15% 20% 20% Minimum FAR [3][15] N/A N/A N/A N/A  N/A N/A N/A 1.25 1.25 0.6 0.6 0.3 Minimum Residential Density [4][5][6] [16, 17] N/A N/A N/A N/A  N/A N/A 25 unit/acre 50 unit/acre 50 unit/acre 25 unit/acre 50 unit/acre 25 unit/acre Maximum Residential Density [4][5][6][7] [16, 17] N/A N/A N/A N/A  N/A 25 unit/acre 50 unit/acre None None 50 unit/acre None 50 unit/acre * Multiple-family dwelling unit Multifamily development. ** See Table 18.610.1 and Map 18.610.A for development standards. See 18.520.060.C for additional development standards and design guidelines.  See Table 18.610.1 and Map 18.610.A for development standards.  See 18.640.050.B.  = See 18.640.050.B.  = See Table 18.610.1 and Map 18.610.A for development standards. Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 11 of 16 [9][1] See 18.520.060.A for additional development standards and design guidelines 18.520.050.B for site and building design standards. [2] See 18.520.060.B for additional development standards and design guidelines. [3] See 18.520.060.E for additional development standards and design guidelines. [18][4] The requirements contained in the Buffer Matrices in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buff ering/screening and required improvement s to be installed between proposed uses in the MUC, MUE and MUR zones within the Washington Square Regional Center (WSRC) and abutting zoning districts not incl uded within the WSRC, or zoning districts within the WSRC which are not mixed-use. For MUC and MUE zones, the requirements for Commercial Zones apply. For MUR zones, the requirements for the Neighborhood Commercial Zone apply. [5] See 18.520.060.D for additional development standards and design guidelines. [1][6] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [8][7] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [10][8] No front yard setback shall be required, except a 20-foot front yard setback shall apply within 50 feet of a residential district. [11][9] There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745 and 18.795 must be met. [19][10] For Ccommercial and Mmixed-use developments, the maximum front and street side yard setback is 10 feet. For Rresidential only developments, the maximum front and street side yard setback is 20 feet. [20][11] Side and rear yard setbacks shall be 20 feet when the zone abuts a residential zoning districts shown in Section 18.510.020 except the R-25 and R-40 zoning districts. [21][12] The maximum setback is 20 feet. [22][13] The maximum setback is 10 feet. [2][14] Includes all buildings and impervious surfaces. [3][15] Applies to all nonresidential building development and mixed use mixed-use development which includes a residential component. In mixed use mixed-use development, residential floor area is included in the calculations of floor area ratio to determine conformance with minimum FAR. [4][16] Notwithstanding the requirements of Section 18.715.020, minimum and maximum density shall be determined for residential only pr ojects using the number of residential units per acre shown in the above table. The provisions for density transfer described in 18.715.030.B apply, using the minimum and maximum density shown in the above table. Any mixed-use or commercial only development does not have a minimum density requirement. [5][17] For purposes of determining floor area ratio and residential densities, the net development area shall be uses to establish the lot area, determined per 18.715.020.A. [6] Adjustments to minimum density in the Washington Square Regional center area subject to the standards set forth in 18.630.020 .E. [7] The maximum density requirements for developments that include or abut designated Water Resources Overlay district Riparian setbacks per Chapter 18.797 are described in 18.630.020.D. [12] There are no setback requirements, except 30 feet where a commercial use within a district abu ts a residential zoning district. [13] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. [14] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district, such setbacks shall not be less than 35 feet. [15] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall be met for existing and new development. [16] Lot coverage includes all buildings and impervious surfaces. [17] Modifications to dimensional and minimum density requirements for developments that include or abut designated Water Resource s Overlay District Riparian setbacks per Chapter 18.797 are described in 18.630.040.F. C-N - Neighborhood Commercial District C-C - Community Commercial District C-G - General Commercial District C-P - Professional/Administrative Office Commercial MU-CBD – Mixed use Mixed-use Central Business District MUC 1 – Mixed use Mixed-use Commercial MUC – Mixed use Mixed-use Commercial MUE 1 – Mixed use Mixed-use Employment/High Density MUE 2 – Mixed use Mixed-use Employment/Medium Density MUR 1 – Mixed use Mixed-use Residential/High Density MUR 2 – Mixed use Mixed-use Residential/Medium Density (Ord. 10-02 §2; Ord. 09-13) Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 12 of 16 18.520.050 Special Limitations on Uses A. In the C-N zone. Special limitations in the C-N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Subsection A.3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than five percent of the gross building floor area of any individual establishment; and 4. Uses operating before 7 a.m. and after 10 p.m. shall be subject to the conditional use provisions, as governed in Chapter 18.330. B. In the C-C zone. Special limitations in the C-C zoning district are as follows: 1. Such centers shall be developed preferably as a single unit and occupy only one quadrant of the intersection at which it is located; 2. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children’s day care facilities, and as allowed in paragraphs 3 and 4 of this subsection B; 3. No use shall have a gross floor area greater than 5,000 square feet except for the retail sales of food and beverages, when the maximum floor area shall not exceed 40,000 gross square feet, and all other sales-oriented retail, where the maximum floor area shall not exceed 10,000 gross square feet; 4. Accessory open-air sales, display and/or storage shall be permitted for horticultural and food merchandising uses only shall constitute no more than five percent of the gross building floor area of any individual establishment; 5. Accessory open-air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway; and 6. Uses operating before 6 a.m. and/or after 11 p.m. and drive-up windows are subject to conditional use provisions, as governed by Chapter 18.330. C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient commercial lodging, shall not be subject to this requirement; 2. On lots greater than three acres, general retail sales uses are limited to 30,000 square feet of gross leasable area plus one additional square foot of gross leasable area of general retail sales use for each additional four square feet of non-general retail sales use. Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 13 of 16 D. In the MUC-1 zone. In addition to the standards of this chapter, development in the MUC-1 zone is subject to Chapter 18.640 and an intergovernmental agreement between the cities of Tigard and Tualatin. E. In the MUC, MUE-1, MUE-2, MUR-1 and MUR-2 zones. Within the Washington Square Regional Center, the standards of Chapter 18.630 shall also apply. 18.520.060 Additional Development Standards and Design Guidelines A. Development/design guidelines in the C-C zone. 1. The following design guidelines are strongly encouraged for developments within the C-C district. Conditions of approval of the development plan may include, but are not limited to, any of the site and building design guidelines deemed appropriate to be mandatory. a. Building design guidelines. i. The design of buildings within a community commercial development should incorporate elements such as special architectural details, distinctive color schemes, special art and other features, which are sensitive to and enhance the surrounding area and serve to distinguish the complex from other retail complexes in the city; ii. All buildings within a multi-building complex should achieve a unity of design through the use of similar architectural elements, such as roof form, exterior building materials, colors and window pattern; iii. Individual buildings should incorporate similar design elements, such as surface materials, color, roof treatment, windows and doors, on all sides of the building to achieve a unity of design. The sides of a building which face toward a public s treet should include public entrances to the building and windows to provide visual access to the activity within the building. The sides of a building which face toward an adjoining property, but not toward a public street, should include elements such as windows, doors, color, texture, landscaping or wall treatment to provide visual interest and prevent the development of a long continuous blank wall. b. General site design guidelines. Loading areas should not be located on the side of a building which faces toward a residential use. Loading areas, if located between the building and the street, should be oriented away from the street and should be screened to minimize views of the loading area from the street and sidewalk. 2. Design standards. The following mandatory design standards apply within the community commercial district: a. Internal walkways. i. Walkways, eight feet minimum width, shall be provided from the public sidewalk or right-of-way to the building(s). At a minimum, walkways shall be located to connect focus points of pedestrian activity such as transit stops and street crossings to the major building entry points. ii. Walkways, five feet minimum width, shall be provided to connect with walkways or Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 14 of 16 potential walkway locations on adjoining properties to create an integrated internal walkway system along the desired lines of pedestrian travel. The width of the walkway should be commensurate with the anticipated level of pedestrian activity along the connecting walkway. (A) Walkways shall be provided along the full length of the building on any side which provides building access to the public or where public parking is available, to provide safe and comfortable pedestrian access to the building. (B) On the sides of the building which provide public access into the building, the walkway should be wide enough to allow for sidewalk seating areas as well as pedestrian travel. Weather protection of the walkway should be provided at a minimum at the entrance area and, if appropriate, along the entire walkway. iii. Walkway surfaces for walkways crossing parking areas shall be designed to be visually distinguishable from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort. b. Other site development standards. i. All lighting fixtures shall incorporate cut-off shields to prevent the spillover of light to adjoining properties. ii. Mechanical equipment, if located on the building, shall be located within the roof form of the building or enclosed within a screening structure, the design of which is consistent with the design of the building. iii. Mechanical equipment, not located on the building, shall be screened from views from the public street, sidewalk and properties outside the district with a durable, solid wall or fence, or an evergreen hedge or a combination of the above. iv. All refuse and recycling containers within the district shall be contained within structures enclosed on all four sides and which are at least as high as the tallest container within the structure. v. Bicycle racks shall be provided on site. Facilities for a minimum of 10 bicycles shall be provided for developments having 100 or fewer parking stalls, notwithstanding Section 18.765.050. For each 100 additional stalls, facilities for five additional bicycles shall be provided. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways. It is strongly encouraged that bicycle parking areas be covered. vi. The site development plan shall incorporate a special feature at the corner of the site. A special corner feature can be a landscape feature, seasonal color planting area, sculpture or water feature. The feature shall provide a visual landmark and some amount of seating area. vii. Parking areas shall be designed to minimize conflicts between pedestrian and vehicular movements. Parking area landscaping shall be used to define and separate parking, access and pedestrian areas within parking lots. Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 15 of 16 viii. The landscape design for the site shall include plantings which emphasize the major points of pedestrian and vehicular access to and within the site. ix. Site features such as fences, walls, refuse and recycling facility enclo sures, and light fixtures shall be designed to be consistent with the scale and architectural design of the primary structure(s). Such site features shall be designed and located to contribute to the pedestrian environment of the site development. x. In multiple building complexes, buildings shall be located to facilitate safe and comfortable pedestrian movement between buildings. On sites which are adjacent to other properties within the community commercial district, building location shall be chosen to facilitate pedestrian and vehicular connections to buildings on those adjacent properties. Consideration should be given to locating buildings closer to the public street with entrances to the buildings from the public sidewalk, with no intervening parking or driving area. Corner locations are particularly appropriate for this treatment. xi. Opportunities shall be found for safe, convenient, and pleasant pedestrian connections to existing or proposed transit facilities. Where needed, shelters and layover areas for transit vehicles shall be incorporated into the site development. c. Sign design standards. All signage shall be an integral part of the architectural design. B. C-G zone (Tigard Triangle). See Map 18.620.A for the location of the C-G zone in the Tigard Triangle. All development in the C-G zone that is located in the Tigard Triangle is subject to the transportation facility standards in Chapter 18.620, the use and development standards in Tables 18.520.1 and 2 respectively, and all other applicable standards in this title. All nonresidential development in the C-G zone that is located in the Tigard Triangle is also subject to the following additional development standards. 1. All street-facing building elevations within the building setback (0 to 10 feet) along public streets shall have windows, display areas, or doorway openings for a minimum of 50% of the ground floor wall area. a. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. b. The ground floor window requirement shall be met within the ground floor wall area and may include any glass within doorway openings. 2. All street-facing building elevations along public streets shall extend no more than 50 feet without providing at least one of the following features: a. A variation in building material; b. A building off-set of at least one foot; c. A wall area that is entirely separated from other wall areas by a projection, such as an arcade; or d. Other design features that reflect the building’s structural system. Chapter 18.520 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 16 of 16 3. All street-facing building elevations along public streets shall extend no more than 300 feet without a pedestrian connection between or through the building. 4. Weather protection for pedestrians, such as awnings, canopies, or arcades, shall be provided at all building entrances. 5. All roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar panels are exempt from this standard. 6. Landscaping, an arcade, or a hard-surfaced expansion of the public sidewalk shall be provided between a building and a public street. a. If a building abuts more than one street, the required improvements shall be provided on all streets. b. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. These areas shall contribute to the minimum landscaping requirement. 7. Vehicle parking shall be located to the side or rear of a building. Vehicle parking located on the side of a building shall be behind a landscaped area. a. The landscaped area shall be constructed to the L-1 parking lot screen standard as provided in Subsection 18.630.090.A; and b. The minimum depth of the landscaped area shall be eight feet or equal to the building setback, whichever is greater. C. MU-CBD zone (Downtown). See Chapter 18.610 for additional development standards and design guidelines objectives. D. MUC, MUE-1, MUE-2, MUR-1 and MUR-2 zones (Washington Square Regional Center). See Chapter 18.630 for additional development standards and design guidelines. E. MUC-1 zone (Bridgeport Village). See Chapter 18.640 for additional development standards and design guidelines. Development in this zone is also subject to an intergovernmental agreement between the cities of Tigard and Tualatin. Chapter 18.765 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 1 of 6 Proposed new text is underlined (and in bold and italics). Proposed deleted text is shown as strikethrough text. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS The only proposed amendments are to Table 18.765.2. None of the amendments contain policy changes. All are housekeeping in nature. Chapter 18.765 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 2 of 6 TABLE 18.765.2 MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING REQUIREMENTS Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.610 for parking requirement in the MU-CBD zone. (NA: Not Addressed DU: Dwelling Unit (M): Metro Requirement) MAXIMUM[1] MINIMUM[1][5] MAXIMUM ZONE A[1] MAXIMUM ZONE B[1] BICYCLE[2] RESIDENTIAL Household Living Single Units, Attached See Multifamily Units(M) See Multifamily Units none (M) See Multifamily Units none (M) none Single Units, Detached 1.0/DUDwelling Unit none (M) none (M) none Accessory Units 1.0/DUDwelling Unit none none none Duplexes 1.0/Dwelling Unit none none Nnone Multifamily Units[3] DU<500 sq ft: 1.0/ DUDwelling Unit (M) 1 bedroom: 1.25/ DUDwelling Unit (M) 2 bedroom: 1.5/ DUDwelling Unit (M) 3 bedroom: 1.75/ DUDwelling Unit [7] none none 1.0/2 DUDwelling Units except elderly, which is 1.0/20 DUDwelling Units Manufactured Units 1.0/ DUDwelling Unit (M) none (M) none (M) none Mobile Home Parks 1.0/ DUDwelling Unit (M) none (M) none (M) none Group Living 1.0/room 1.0/2.5 beds none 2.7/1,000[3] none none 1.0/5 beds Transitional Housing 1.0/2.5 beds none none 1.0/5 beds Home Occupation none none none none CIVIC Basic Utilities none none none none Colleges 1.0/5 students/staff (M) 1.0/3.3 students/staff (M) 1.0/3.3 students/staff (M) 1.0/3.0 students/staff Community Recreation 2.0/1,000 2.5/1,000 4.0/1,000 0.3/1,000 Cultural Institutions 2.5/1,000 3.5/1,000 4.5/1,000 1.0/1,000 Day Care Home: none Commercial: 2.0/classroom Home: none Commercial: 2.7/1,000 Home: none Commercial: 3.2/1,000 Home: none Commercial: 1.5/classroom Emergency Services 3.0/1,000 3.5/1,000 4.5/1,000 0.5/1,000 Medical Centers 2.0/1,000[4] 2.7/1,000[4] 3.2/1,000[4] 0.2/1,000 Postal Services 2.5/1,000 3.0/1,000 4.5/1,000 0.3/1,000 Public Support Facilities none none none none Chapter 18.765 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 3 of 6 Religious Institutions 1.0/3[4][6] seats in main assembly area (M) 1.0/1.7 seats in main assembly area (M) 1.0/1.3 seats in main assembly area (M) 1.0/20 seats in main assembly area Schools Preschool: 5.0+1/classroom Elementary/JR: 2.0/classroom SR: 1.0/5 students/staff (M) Preschool: 7.0+1.0 classroom Elementary/JR: 2.5/classroom SR: 1.0/3.3 students/staff (M) Preschool: 10.0+1/classroom Elementary/JR: 3.5/classroom SR: 1.0/3.3 students/staff (M) Preschool: 1.0/classroom Elementary/JR: 6.0/classroom SR: 6.0/classroom Social/Fraternal Clubs/Lodges 10.0/1,000 main assembly area 12.0/1,000 main assembly area 14.0/1,000 main assembly area 2.0/1,000 main assembly area [1] To be determined by the City of Tigard based on Metro criteria. [2] Required bicycle parking shall be required per the ratios below except in no case shall there be fewer than two spaces provid ed. [3] Refers to 1,000 sq. ft. of floor area, unless otherwise noted. [4] Does not include outpatient clinics or medical offices; see Medical/Dental Offices. [5] Please see Section 18.610.060, off-street vehicle parking minimum requirements in the MU-CBD zone. [6] Religious institutions may provide 1 space for every 4 seats on site in the main assembly area provided that they supply the city with a parking plan that demonstrates that the pea k parking demand of 1 space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum parking of 1 space for every 3 seats may be granted per applicable provisions of the code, but shall no t decrease the amount of required on-site parking to less than 1 space for every 4 seats (unless the cumulative value of all adjust ments granted results in an adjusted requirement of less than 1 space for every 4 seats). [7] In the MU-CBD zone the minimum parking requirements for all multifamily units is 1.0/DU. [8] Fast food designation includes all eating and drinking establishments with a “walk-up counter” or less than 10 tables in the dining area. Chapter 18.765 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 4 of 6 TABLE 18.765.2 MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING REQUIREMENTS (CONT.) Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.610 for parking requirement in the MU-CBD zone. (NA: Not Addressed DU: Dwelling Unit (M): Metro Requirement) MAXIMUM [1] MINIMUM[1][5] MAXIMUM ZONE A[1] MAXIMUM ZONE B[1] BICYCLE[2] COMMERCIAL [5] Commercial Lodging 1.0/room 1.2/room 1.4/room 1.0/10 rooms Eating and Drinking Establishments [8][5] Fast food: 7.0/1,000 (M) otherOther: 9.0/1,000 (M) Fast food: 12.4/1,000 (M) Other: 19.1/1,000 (M) Fast food: 14.9/1,000 (M) Other: 23.0/1,000 (M) All: 1.0/1,000 Entertainment - Oriented Major Event Entertainment 1.0/3 seats or 1.0/6′ bench 1.0/2.5 seats or 1.0/5′ bench 1.0/2 seats or 1.0/4′ bench 1.0/10 seats or 40′ bench Outdoor Entertainment 4.0/1,000 (M) 4.5/1,000 5.0/1,000 0.4/1,000 Indoor Entertainment 4.3/1,000 (M) Theater: 1.0/3 seats (M) 5.4/1,000 (M) Theater: 1.0/2.5 seats (M) 6.5/1,000 (M) Theater; 1.0/2.0 seats (M) 0.5/1,000 Theater: 1.0/10 seats Adult Entertainment 2.5/1,000 1.0/3 seats (M) 3.5/1,000 1.0/1.25 seats (M) 4.5/1,000 1.0/2.0 seats (M) 0.5/1,000 1.0/20 seats General Retail Sales - Oriented 3.0/1,000 (M) 5.1/1,000 (M) 6.2/1,000 (M) 0.3/1,000 Personal Services 2.5/1,000 Bank with drive in: 3.0/1,000(M) 3.0/1,000 Bank with drive in: 5.4/1,000 (M) 4.5/1,000 Bank with drive in: 6.5/1,000 (M) All: 1.0/1,000 1.0/1,000 Repair - Oriented 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Bulk Sales 1.0/1,000 but no less than 10.0 1.3/1,000 2.0/1,000 0.3/1,000 Outdoor Sales 1.0/1,000 sales area 1.3/1,000 sales area 2.0/1,000 sales area 0.1/1,000 sales area Animal - Related 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Motor Vehicle Related Motor Vehicle Sales/Rental 1.0/1,000 but no less than 4.0 1.3/1,000 but no less than 4.0 2.0/1,000 but no less than 4.0 0.2/1,000 sales area Motor Vehicle Servicing/Repair 2.0/1,000 but no less than 4.0 2.3/1,000 but no less than 4.0 2.6/1,000 but no less than 4.0 0.2/1,000 Vehicle Fuel Sales 3.0+2.0/service bay 4.0+2.0/service bay 4.0+2.5/service bay 0.2/1,000 Office Medical/Dental Office 2.7/1,000 (M) 3.9/1,000 (M) 3.4/1,000 (M) 4.9/1,000 (M) 4.1/1,000 (M) 5.9/1,000 (M) 0.5/1,000 0.4/1,000 Self-Service Storage 1.0/4 storage units 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Non-Accessory Parking none none none none INDUSTRIAL Industrial Services 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Chapter 18.765 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 5 of 6 Manufacturing and Production Light Industrial 1.6/1,000 (M) none none 0.1/1,000 General Industrial 1.6/1,000 (M) none none 0.1/1,000 Heavy Industrial 1.6/1,000 (M) none none 0.1/1,000 [1] To be determined by the City of Tigard based on Metro criteria. [2] Required bicycle parking shall be required per the ratios below except in no case shall there be fewer than two spaces provid ed. [3] Refers to 1,000 sq. ft. of floor area, unless otherwise noted. [4] Does not include outpatient clinics or medical offices; see Medical/Dental Offices. [5] Please see Section 18.610.060, off-street vehicle parking minimum requirements in the MU-CBD zone. [6] Religious institutions may provide 1 space for every 4 seats on site in the main assembly area provided that they supply the city with a parking plan that demonstrates that the peak parking demand of 1 space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum parking of 1 space for every 3 seats may be granted per applicable provisions of the code, but shall not decrease the amount of required on-site parking to less than 1 space for every 4 seats (unless the cumulative value of all adjustments granted results in an adjusted requirement of less than 1 space for every 4 seats). [7] In the MU-CBD zone the minimum parking requirements for all multifamily units is 1.0/DU. [8] Fast food designation includes all eating and drinking establishments with a “walk-up counter” or less than 10 tables in the dining area. Chapter 18.765 (Underline/Strikeout Copy) Proposed Code Amendment June 19, 2017 Page 6 of 6 TABLE 18.765.2 MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING REQUIREMENTS (CONT.) Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.610 for parking requirement in the MU-CBD zone. (NA: Not Addressed DU: Dwelling Unit (M): Metro Requirement) MAXIMUM [1] MINIMUM[1][5] MAXIMUM ZONE A[1] MAXIMUM ZONE B[1] BICYCLE[2] Railroad Yards none none none none Research and Development 2.0/1,000 3.0/1,000 3.8/1,000 0.5/1,000 Warehouse/Freight Movement <150,000 sq ft: 0.5/1,000 >150,000 sq ft: 0.3/1,000 (M) <150,000 sq ft: 0.8/1,000 >150,000 sq ft: 0.4/1,000 (M) <150,000 sq ft: 1.2/1,000 <150,000 sq ft: 0.5/1,000 (M) All: 0.1/1,000 Waste-Related 5.0 7.0 10.0 none Wholesale Sales 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 OTHER Agriculture/Horticulture 2.5/1,000 sales area but no less than 4.0 none none none Cemeteries Exempt none Exempt none Exempt none none Detention Facilities 1.0/2.5 beds none none 1.0/2.5 beds Heliports none none none none Mining <5.0 none none none Wireless Communication Facilities none none none none Rail Lines/Utility Corridors none none none none [1] To be determined by the City of Tigard based on Metro criteria. [2] Required bicycle parking shall be required per the ratios below except in no case shall there be fewer than two spaces provid ed. [3] Refers to 1,000 sq. ft. of floor area, unless otherwise noted. [4] Does not include outpatient clinics or medical offices; see Medical/Dental Offices. [5] Please see Section 18.610.060, off-street vehicle parking minimum requirements in the MU-CBD zone. [6] Religious institutions may provide 1 space for every 4 seats on site in the main assembly area provided that they supply the city with a parking plan that demonstrates that the p eak parking demand of 1 space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum parking of 1 space for every 3 seats may be granted per applicable provisions of the code, but shall not decrease the amount of required on-site parking to less than 1 space for every 4 seats (unless the cumulative value of all adju stments granted results in an adjusted requirement of less than 1 space for every 4 seats). [7] In the MU-CBD zone the minimum parking requirements for all multifamily units is 1.0/DU. [8] Fast food designation includes all eating and drinking establishments with a “walk-up counter” or less than 10 tables in the dining area. [1] Minimum and maximum parking ratios are in compliance with Metro Title X unless a stricter requirement is established by the city as provided in the table above. Zone A includes areas where 20-minute peak hour transit service has become available to an area within a one-quarter mile walking distance for bus transit or one-half mile walking distance from a high capacity transit station. Zone B includes areas outside of Zone A. The zones are shown on a map and are maintained by the director. [2] Required bicycle parking shall be required per the ratios in the table except in no case shall there be fewer than two spaces provided. [3] In the MU-CBD zone the minimum parking requirements for all multi-family units is 1.0/Dwelling unit. [4] Religious institutions may provide 1 space for every 4 seats on site in the main assembly area provided that they supply the city with a parking plan that demonstrates that the peak parking demand of 1 space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum park ing of 1 space for every 3 seats may be granted, but shall not decrease the amount of required on-site parking to less than 1 space for every 4 seats (unless the cumulative value of all adjustments granted results in an adjusted requirement of less than 1 space for every 4 seats). [5] Fast food designation includes all eating and drinking establishments with a “walk-up counter” or less than 10 tables in the dining area. ATTACHMENT 2 Underline/Strikeout of Lean Code Amendments ** Chapter 18.620 of Proposed Code Amendments ** (Shows changes to Lean Code between Public Draft and Planning Commission Draft) Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 1 of 30 Proposed new text is underlined (and in bold and italics). Proposed deleted text is shown as strikethrough text. (Changes shown represent the difference between the May 18 Public Draft and the June 19 Planning Commission Draft) Chapter 18.620 TIGARD TRIANGLE PLAN DISTRICT Sections: 18.620.010 Purpose 18.620.020 General Provisions 18.620.030 Applicability 18.620.040 Review Process 18.620.050 Pre-Existing Development and Approvals 18.620.060 Land Use Standards 18.620.070 Site Design Standards 18.620.080 Building Design Standards 18.620.090 Transportation Facility Standards 18.620.100 Sign Standards 18.620.010 Purpose The Tigard Triangle Plan District implements the land use and development vision for the Tigard Triangle as outlined in the Tigard Comprehensive Plan. It also advances Tigard’s mission to become the most walkable city in the Pacific Northwest and supports the district’s designation as a regional Town Center. The Tigard Triangle Plan District Chapter is referred throughout Chapter 18.620 as “this chapter.” The standards and procedures of this chapter are designed to:  Remove regulatory and financial barriers for small-scale incremental development;  Streamline the development review and approval process;  Support existing development;  Support transitional uses and adaptive re-use of existing development;  Increase the diversity of goods and services available in the district;  Encourage new housing and mixed-use development;  Limit new auto-oriented development;  Preserve the district’s unique and natural features, including but not limited to district trees;  Create safe, comfortable, and attractive streetscapes for pedestrians; and,  Improve connectivity for all modes of travel. Collectively, the purpose of these standards and procedures is to facilitate the transformation of the Tigard Triangle into an active, urban, multimodal, and mixed-use district as envisioned by the 2015 Tigard Triangle Strategic Plan. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 2 of 30 18.620.020 General Provisions A. This chapter is designed, wherever possible, to act as a standalone set of standards and procedures for development in the Triangle Mixed-Use (TMU) Zone within the Tigard Triangle Plan District. References to other applicable standards and procedures in the Community Development Code of the City of Tigard are provided as needed. B. The Community Development Code is Title 18 of the Tigard Municipal Code and is referred throughout this chapter as “this title.” The standards and procedures in this chapter apply in lieu of other provisions in this title, except where specifically stated otherwise, and shall govern in the event of a conflict. C. To the extent that the provisions in the following chapters do not conflict with this chapter, the following chapters in this title apply concurrently: 1. Definitions and measurements as provided in Chapter 18.120 Definitions. 2. Land use category descriptions as provided in Chapter 18.130 Use Categories. 3. Zoning administration and enforcement as provided in Chapters 18.220 and 18.230. 4. Code interpretations as provided in Chapter 18.340 Director’s Interpretations. 5. Zoning map and text amendments as provided in Chapter 18.380. 6. Historic overlay designations as provided in Chapter 18.740. 18.620.030 Applicability A. Applicability. 1. Triangle Mixed-Use (TMU) Zone. The standards and procedures in this chapter apply to property that is located in the Triangle Mixed-Use (TMU) Zone within the Tigard Triangle Plan District. 2. General Commercial (C-G) Zone. Except for the transportation facility standards in Section 18.620.090, t The standards and procedures in this chapter do not apply to property that is located in the C-G Zone within the Tigard Triangle Plan District, except for the transportation facility standards in Section 18.620.090. The standards in Section 18.620.090 apply to all existing, future, and proposed public rights-of-way in the Tigard Triangle Plan District regardless of the zone. Property in the C-G Zone is regulated by other chapters in this title, including but not limited to Chapter 18.520 Commercial Zoning Districts. 3. Public Rights-of-Ways. The standards in Section 18.620.090 apply to all existing, future, and proposed public rights-of-way in the Tigard Triangle Plan District regardless of the zone. 3.4. The boundary of the Tigard Triangle Plan District is shown on Map 18.620.A. The TMU Zone and C-G Zone are also shown on this map and the city’s official Zoning Map. All existing and future transportation facilities are shown on Map 18.620.B. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 3 of 30 Map 18.620.A: Tigard Triangle Boundary and Zoning Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 4 of 30 Map 18.620.B: Tigard Triangle Transportation Network Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 5 of 30 B. Exemptions. 1. The following types of development are exempt from the all standards and procedures of this chapter: a. Operation, maintenance, and repair of existing public facilities. b. Public capital improvement projects undertaken by the city. c. Maintenance and repair of existing buildings or site improvements. d. Improvements to existing buildings or site improvements to bring them into compliance with applicable federal and state accessibility requirements. the Americans with Disabilities Act. e. Reconstruction of a building following partial or total accidental destruction when all of the following criteria are met: i. The reconstructed building has a gross floor area no larger than the structure that was destroyed. ii. The use of the building remains the same as the use that existed before the building was destroyed. iii. Repairs are commenced within one year from the date of destruction. Commencement of repairs occurs when a required development permit has been issued. 2. If a development is not exempt from the standards and procedures of this chapter as described above, it may be exempt from the street design standards in Subsection 18.620.090.C.4 that relate to street frontage improvements. This exemption applies only to street frontage improvements and not right-of-way dedications where required by Subsection 18.620.040.B.3.b. The following types of development are exempt from street frontage improvements, except where existing frontage improvements do not meet the city’s minimum public facility standards for safety and adequacy as required by Subsection 18.620.040.B.2.c. The following types of development are not exempt from right-of-way dedications where required by Subsection 18.620.040.B.3.b. a. Construction of a new accessory dwelling unit that is less than 800 square feet in size. This exemption is subject to the limitations provided in Subsection B.3 below. b. Expansion of an existing building or construction of a new building that is less than 800 square feet in size. This exemption is subject to the limitations provided in Subsection B.3 below. c. New use or change of use that increases the estimated number of vehicle trips by less than 100 trips per day or has temporary impacts on the transportation system as determined by the City Engineer. This exemption is for outright permitted uses only. d. Change of use that increases the estimated number of vehicle trips by less than 100 trips per day. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 6 of 30 3. Limitation on Exemptions. No more than one exemption is allowed every 3 years. The 3-year period starts from the date the city issues an occupancy permit or final inspection for the expanded, converted, or new buildings exempted under B.2.a and B.2.b above. Subsequent buildings that exceed the square footage threshold within the 3-year timeframe are not exempt. 18.620.040 Review Process A. Purpose. The purpose of this section is to streamline the development review and approval process. B. Development Review. Development review is the process whereby the applicant submits all required development permit applications to the city for review against all applicable standards. Depending upon the type of development proposed, permit applications may be submitted consecutively or concurrently. If land use review is required or initiated by the applicant pursuant to Subsection C below, land use approval must be obtained prior to submitting for development review. 1. Early Assistance Meeting. The applicant shall request an Early Assistance Meeting with the city prior to the submittal of any required building, site, or public facility permit application. The director may waive this requirement for proposals that are not complex , would not benefit from a meeting with the city, or have had a Preapplication Conference as part of a related land use review. 2. Development Review Requirements. All proposed development shall demonstrate compliance with the following requirements at the time of development permit application submittal: a. Use and Design Standards. The proposed development conforms to all applicable use and design standards in this chapter, except as approved through the adjustment process as provided in Subsection 18.620.040.C.4. b. Transportation Facility Improvements. The proposed development will provide transportation facility improvements and mitigation at the time of development as determined by the transportation facility review process described in Subsection 18.620.040.B.3 below. c. Minimum Public Facility Improvements. The proposed development provides or will provide public facility improvements at the time of development that conform to the city’s minimum standards for safety and adequacy, which are as follows: i. Frontage on, or approved access to, a public street. ii. A minimum of 24 feet of pavement and horizontal clearance on a public street along each street frontage where access is taken. Additional transportation facility improvements may be required by Subsection B.2.b above. iii. Adequate public utilities pursuant to the city’s standards in the Public Works Design Manual and Sections 18.810.050 Easements, 18.810.090 Sanitary Sewers, and 18.810.120 Utilities. Section 18.810.120 may require undergrounding of utilities or a fee in lieu of undergrounding new or existing utilities. iv. Adequate stormwater management facilities for water quantity and quality pursuant to Clean Water Services’ standards and the city’s standards in the Public Works Design Manual and Section 18.810.100 Storm Drainage. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 7 of 30 3. Transportation Facility Review Process. The transportation facility review process determines whether transportation improvements are needed and whether the proposed development will be required to construct or pay for them. a. The following review process applies to all proposed developments, except those that are exempt from street frontage improvements (see Subsection 18.620.030.B.2) or trigger a Transportation Impact Study (see Subsection 18.620.040.B.3.c). i. The City Engineer will determine whether the proposed development is estimated to generate any new vehicle, pedestrian, or bicycle trips using the best available data and analysis, including but not limited to the ITE Trip Generation Manual or a Transportation Impact Study prepared by a transportation engineer licensed in the State of Oregon. ii. If the proposed development is estimated to generate new trips, the City Engineer will evaluate the existing transportation facilities along each street frontage of the proposed development site for conformance with the transportation facility standards in Subsection 18.620.090.C. The City Engineer will also evaluate the entire development site for conformance with Map 18.620.B Transportation Network Map. If existing transportation facilities do not meet current standards, the City Engineer will identify needed improvements based on the transportation facility standards in Subsection 18.620.090.C. iii. If transportation facility improvements are needed, the city will require construction of improvements and dedication of right-of-way at the time of development unless the city determines that such exactions are not roughly proportional to the number of new trips estimated to be generated by the proposed development. If the applicant disagrees with the city’s proportionality determination, the applicant may utilize the city’s Type II appeal procedure in Subsection 18.390.040.G in a de novo hearing. iv. The applicant may request to pay a fee in lieu of constructing the required transportation improvements as provided in Subsection 18.620.090.D. b. The following review process applies to a proposed development that is exempt from street frontage improvements pursuant to Subsection 18.620.030.B.2. i. The City Engineer will determine whether the proposed development is estimated to generate any new trips as described in Subsection 18.620.040.B.3.a.i above. ii. If the proposed development is estimated to generate new trips, the City Engineer will identify needed improvements for the sole purpose of determining whether any additional public right-of-way is needed for future transportation improvements. iii. If public right-of-way is needed for future transportation improvements, the city will require dedication of right-of-way at the time of development pursuant to Subsection 18.620.040.B.3.a.iii above. c. The following review process applies to a proposed development that triggers a Transportation Impact Study (TIS) as described below. i. A TIS is required if the proposed development: (1) is estimated by the City Engineer to generate more than 1,000 new vehicle trips per day, (2) includes a drive-thru component, or (3) impacts a state transportation facility as determined by the Oregon Department of Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 8 of 30 Transportation. The applicant shall pay the fee listed in the city’s Master Fees and Charges Schedule for the city to conduct this study. The city will not accept any development permit or land use applications for review until the TIS has been completed and incorporated into the applicant’s development permit or land use application submittal. ii. The TIS will evaluate the existing transportation facilities for conformance with the city’s transportation facility standards, including affected off-site facilities. If existing transportation facilities do not meet current standards, the study will identify needed improvements based on the transportation facility standards in Subsection 18.620.090.C and those of any other affected road authorities. If the TIS determines that transportation facility improvements are needed, the city will require construction of improvements and dedication of right-of-way at the time of development pursuant to Subsection 18.620.040.B.3.a.iii above. iii. If the TIS identifies off-site impacts from the proposed development, the applicant shall submit a land use application as required by Subsection 18.620.040.C.2.a that complies with the provisions in Subsection 18.620.040.C.3. 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 Planned Development land use review process in Chapter 18.350 is not available to properties located in the TMU Zone. 1. Preapplication Conference. The applicant shall request a Preapplication Conference with the city prior to the submittal of any required or applicant-initiated land use application as required by Chapter 18.390 Decision-Making Procedures. 2. Land Use Applications. If more than one land use application is required, they may be processed concurrently. The following types of land use applications are required by Table 18.620.1 in the following circumstances: Table 18.620.1 Required Land Use Applications Land Use Application Circumstances Code Section Transportation Mitigation The proposed development triggered a Transportation Impact Study (see Subsection 18.620.040.B.3.c.i) and it identified off-site impacts. 18.620.040.C.3 Adjustment The proposed development cannot meet all applicable design standards of this chapter, or the applicant elects to propose an alternative design or remove a district tree (see Subsection 18.620.070.H). 18.620.040.C.4 Lot Line Adjustment, Minor Land Partition, or Subdivision The proposed development includes a land division or property line adjustment. 18.620.040.C.5 Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 9 of 30 Conditional Use The proposed development includes a basic utility use as defined in Subsection 18.130.050.A or a specific type of wireless communication facility as described in Chapter 18.798. 18.330 Site Development Review The proposed development includes a specific type of wireless communication facility as described in Chapter 18.798. 18.360 Sensitive Lands The proposed development is located on lands that contain protected natural resources, such as streams or wetlands, and will potentially impact them. 18.775 Temporary Use or Structure The proposed development is for a temporary use or structure. 18.785 3. Transportation Mitigation (TM) Application. A TM application shall be processed as a Type II land use review as provided by Section 18.390.040 Type II Procedure. a. A TM application shall be approved when all of the following land use approval criteria have been met: i. The required Transportation Impact Study evaluated existing on- and off-site transportation facilities for conformance with all applicable transportation facility standards; identified needed improvements to adequately serve the proposed development; and recommended proportionate mitigations for all on- and off-site impacts. ii. The proposed development will provide transportation facility improvements and mitigation that conform to all applicable transportation facility design standards at the time of development unless the land use review authority determines that such exactions are not roughly proportional to the impacts of the proposed development. 4. Adjustment (ADJ) Application. An ADJ application shall be processed as a Type II land use review as provided by Section 18.390.040 Type II Procedure. b. An ADJ 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 provisions of Chapter 18.370 Variances and Adjustments do not apply to properties in the TMU Zone. c. An ADJ application shall be approved when all of the following land use approval criteria have been met for each requested adjustment: i. The proposed adjustment is needed to address development constraints associated with lot size, shape, or topography or to minimize impacts to protected natural resources. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 10 of 30 ii. The proposed adjustment has public benefits and is generally consistent with the applicable stated purposes of this chapter. iii. The proposed adjustment includes enhancements to the pedestrian environment along the proposed development’s street frontage, including but not limited to:  Plaza development  District tree preservation  Pedestrian amenities in the public right-of-way  Pedestrian-oriented building façade design elements iii. In situations where the proposed adjustment is needed to address development constraints associated with lot size, shape, or topography; multiple street frontages; or protected natural resources, the applicant has adequately explained the need and rationale for the proposed adjustment. iv. If the proposed adjustment is for the removal of a district tree, a condition of approval shall include payment of a district tree removal fee in the amount listed in the city’s Master Fees and Charges Schedule unless a finding is made that the property in question cannot be reasonably developed without removal of the district tree. District tree information and requirements are provided in Subsection 18.620.070.H. 5. Lot Line Adjustment, Minor Land Partition, or Subdivision Application. The provisions in Chapters 18.410, 18.420, and 18.430 shall continue to apply except as modified below. a. Lot size and shape shall be appropriate for the proposed development or, if no development is proposed, for an outright permitted use. There is no minimum lot area, width, or depth standard in the TMU Zone. b. Lots shall have frontage on, or approved access to, a public street. c. Driveways shall comply with the standards in Subsection 18.620.070.G. d. Screening is not required between lots. 18.620.050 Pre-Existing Development and Approvals A. Purpose. The purpose of this section is to remove barriers to small-scale incremental development and support existing development, transitional uses, and adaptive re-use of existing development. B. Legal Status. Pre-existing land uses and development that do not conform to the standards in this chapter but were lawfully in existence or approved prior to the effective date of this chapter shall be treated as lawful and approved uses and development, and not considered nonconforming. The provisions of Chapter 18.760 Nonconforming Situations do not apply to land uses and development in the TMU Zone. C. Sites with Pre-Existing Land Uses. 1. A pre-existing land use that does not meet conform to the land use standards in Section 18.620.060 may continue but may not expand beyond the boundaries of the site that it occupied prior to the effective date of this chapter. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 11 of 30 2. A pre-existing land use that does not meet conform to the land use standards in Section 18.620.060 may not be re-established if discontinued for longer than six months, except where the discontinuance is the result of accidental destruction. Discontinuance caused by total or partial accidental destruction must commence repairs to re-establish the use within one year from the date of destruction. If repairs are not commenced within the one-year period, the use may not be re-established. Commencement of repairs occurs when a required development permit has been issued. D. Sites with Pre-Existing Development. 1. Pre-existing development that does not meet conform to the site or building design standards in Sections 18.620.070 and 18.620.080 may be re-established or re-built if accidentally destroyed as long as repairs are commenced within one year from the date of destruction. If repairs are not commenced within the one-year period, the development may not be re-established or re-built. Commencement of repairs occurs when a required development permit has been issued. 2. Pre-existing development that does not meet conform to the site or building design standards in Sections 18.620.070 and 18.620.080 may not be re-established or re-built if intentionally destroyed unless the new development conforms to the site and building design standards in this chapter. 3. Modifications to pre-existing site improvements, such as vehicle parking and access, that do not meet conform to the site design standards in Section 18.620.070 may continue but may not be modified if the modification would result in any site improvement going further out of conformance with the applicable site design standard in Section 18.620.070, unless approved through the adjustment process as provided in Section 18.620.040.C.4. 4. Modifications to pre-existing buildings that do not meet conform to the site or building design standards in Sections 18.620.070 and 18.620.080 may continue and expand subject to the standards in Table 18.620.2 below. Applicable standards only apply to the proposed expansion and not the existing building. Expansions may be vertical (e.g. second story addition), horizontal (e.g. ground floor expansion), or both (e.g. two-story addition). Table 18.620.2 Modifications to Pre-Existing Buildings Proposed Building Modification Applicable Standards  Addition to a single-family residence.  Addition to a single-family residential accessory building that results in a building less than or equal to 528 square feet in size.  Addition to any building where the addition is located more than 35 feet away from all street property lines. Exempt from all site and building design standards except:  Minimum building setbacks (18.620.070.B)  Driveways (18.620.070.G)  District trees (18.620.070.H)  Maximum building height (18.620.080.A) Subject to all applicable standards in Sections 18.620.060 and 18.620.090.  All other additions not described above. Subject to all applicable site and building design standards in Sections 18.620.070 and 080. Subject to all applicable standards in Sections 18.620.060 and 18.620.090. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 12 of 30 5. New land uses and development may be proposed on sites with conforming and non-conforming pre-existing land uses and development subject to the following standards: a. All new land uses shall meet the land use standards in Section 18.620.060. b. All new site improvements, such as vehicle parking and access, shall meet the site design standards in Section 18.620.070. c. All new buildings are subject to the standards in Table 18.620.3 below. Table 18.620.3 New Buildings on Sites with Pre-Existing Development Proposed New Building Applicable Standards  New single-family accessory building less than or equal to 528 square feet in size.  New building located partially or completely behind an existing building and more than 35 feet away from all street property lines. Exempt from all site and building design standards except:  Minimum building setbacks (18.620.070.B)  Driveways (18.620.070.G)  District trees (18.620.070.H)  Maximum building height (18.620.080.A) Subject to all applicable standards in Sections 18.620.060 and 18.620.090.  All other new buildings not described above. Subject to all applicable site and building design standards in Sections 18.620.070 and 080. Subject to all applicable standards in Sections 18.620.060 and 18.620.090. E. Sites with Pre-Existing Land Use Approvals. 1. Exceptions. The provisions in Subsections E.2 and E.3 below apply to all development except those involving basic utility uses and wireless communication facilities. These uses shall continue to be subject to all previously imposed conditions of approval. They shall also continue to be subject to the standards and procedures in Chapter 18.330 Conditional Uses and Chapter 18.798 Wireless Communication Facilities respectively, unless different standards are approved through the adjustment process as provided in Subsection 18.620.040.C.4. 2. Conditions of Approval. Development that obtained land use approval and a final certificate of occupancy or inspection prior to the effective date of this chapter shall not be subject to any previously imposed conditions of approval. Development that obtained land use approval, but not a final certificate of occupancy or inspection, prior to the effective date of this chapter shall continue to comply with all previously imposed conditions of approval until a final certificate of occupancy or inspection, whichever is applicable, is obtained. 3. Modifications. Modifications to development that obtained land use approval prior to the effective date of this chapter are subject to the standards and procedures in this chapter. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 13 of 30 18.620.060 Land Use Standards A. Purpose. The purpose of these standards is to encourage urban mixed-use development, limit suburban auto-oriented development, support transitional uses and adaptive re-use of existing development, and increase the diversity of goods and services available in the district. B. General Provisions. 1. Vertical and horizontal mixed-use development is permitted subject to the land use standards in Subsection C below. 2. Mobile food carts are permitted subject to the city’s food cart policy. 3. Drive-thru development is prohibited. except when associated with a bank use. Where permitted, drive-thru development is subject to the following standards: a. A maximum of two drive-thru travel lanes are permitted per bank. All lanes shall be a minimum of 150 feet in length to accommodate stacking of inbound vehicles. b. Drive-thru travel lanes shall not be located between the building and the street property line except for ingress and egress purposes along the side of the building. c. If a drive-thru travel lane is provided, a minimum of one pedestrian-oriented automatic teller shall be provided along the street property line. 4. Land uses are described in Chapter 18.130 Use Categories. C. Land Use Standards. 1. Permitted land uses are listed in Table 18.620.4. 2. Restricted land uses are listed in Table 18.620.5 and are subject to the following restrictions: a. Non-accessory parking shall be located within parking structures except where existing surface parking is proposed to be used for non-accessory parking. Covered parking is not considered a parking structure. i. Non-accessory parking structures shall meet all applicable design standards in this chapter. Additionally, ground stories shall be designed as flexible structures with flat floor decks that can transition to accommodate other outright permitted allowed uses in the future. ii. New non-accessory surface parking shall be allowed if approved through the adjustment process as provided in Subsection 18.620.040.C.4. b. Sales-oriented retail uses shall not exceed 30,000 square feet of gross leasable floor area per tenant space. c. General and light industrial uses shall not exceed 2,000 square feet of gross leasable floor area per tenant space. They shall also: i. Not utilize, store, or create highly combustible, explosive, or hazardous materials, and Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 14 of 30 ii. Not be located outside of a building except for utilities, service areas, and off-street parking and loading areas. These types of activities shall be located and screened as required by the site design standards in Section 18.620.070. d. Wireless communication facilities are subject to the land use review process and associated standards in Chapter 18.798, unless different standards are approved through the adjustment process as provided in Subsection 18.620.040.C.4 or required by federal law. 3. Conditional land uses are listed in Table 18.620.6 and are subject to the land use review process and associated development standards provided in Chapter 18.330 Conditional Use. 4. Prohibited land uses are listed in Table 18.620.7 and are not eligible for adjustment through the land use review process provided in Subsection 18.620.040.C.4. Land use prohibitions do not apply to pre-existing land uses as described in and regulated by Section 18.620.050. Table 18.620.4 Permitted Land Uses Land Use Type Land Use Category Civic Use Colleges Community Recreation Cultural Institutions Day Care Emergency Services Medical Centers Postal Service Religious Institutions Schools Social/Fraternal Clubs/Lodges Commercial Bulk Sales Commercial Lodging Custom Arts and Crafts Eating and Drinking Establishments Indoor Entertainment Office Personal Services Repair-Oriented Retail Industrial Railroad Yards Research and Development Other Transportation/Utility Corridors Residential Group Living Household Living (all types) Transitional Housing Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 15 of 30 Table 18.620.5 Restricted Land Uses Land Use Type Land Use Category Commercial Non-Accessory Parking Sales-Oriented Retail Industrial General Industrial Light Industrial Other Wireless Communication Facilities Table 18.620.6 Conditional Land Uses Land Use Type Land Use Category Civic Use Basic Utilities (Defined in Subsection 18.130.050.A) Table 18.620.7 Prohibited Land Uses Land Use Type Land Use Category Commercial Adult Entertainment Animal-Related Commercial Major Event Entertainment Marijuana Commercial Facility Motor Vehicle Sales/Rental Motor Vehicle Servicing/Repair Outdoor Entertainment Outdoor Sales Self-Service Storage Vehicle Fuel Sales Industrial Heavy Industrial Industrial Services Marijuana Industrial Facility Warehouse/Freight Movement Waste-Related Wholesale Sales Other Agriculture/Horticulture Cemeteries Detention Facilities Heliports Mining 18.620.070 Site Design Standards A. Purpose. The purpose of these standards is to create safe, comfortable, and attractive streetscapes for pedestrians and preserve district trees, specifically the Oregon white oak. In keeping with the stated purpose of this section, site design standards do not apply to street property lines along Interstate 5 and Highway 217. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 16 of 30 B. Building Location. 1. Street Setbacks. The minimum building setback is 1 foot from the street property line. This standard applies to the entire building, except for building projections as allowed by Subsection 18.620.080.D. The maximum building setback is 12 feet from the street property line. This standard is met when at least 70 percent of the street-facing building façade is located no more than 12 feet away from the street property line as shown in Figure 18.620.1 below above. a. For sites with more than one street property line, such as corner or through lots, the maximum building setback standard applies to all street property lines except where all of the following are met. i. The maximum building setback standard is met on at least one street property line. ii. applies to one street property line for buildings on corner and through lots where the The building is located at least 35 feet away from the other street property line(s). Figure 18.620.1 Site and Building Design Standards Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 17 of 30 b. For lots with existing buildings, the maximum building setback standard does not apply in the following situations: i. A new building is proposed to be completely located behind an existing building that meets the maximum building setback standard. ii. There is less than 25 linear feet of street frontage that does not contain a building within the maximum building setback area. b.c. The maximum street setback standard may be increased to 15 feet beyond the drip line of a district tree, as defined in Subsection 18.620.070.H, where a district tree is proposed to be preserved. 2. Interior Setbacks. The minimum building setback is 0 feet from an interior property line. If the building is not located on the property line, then it must be located at least 5 feet away from the interior property line. There is no minimum or maximum building setback standard for interior property lines. 3. Clear Vision Areas. The clear vision standards in Chapter 18.795 do not apply to development in the TMU Zone. See Subsection 18.620.070.G.4 for driveway sight distance requirements. C. Utilities and Service Areas. 1. Above-ground private utilities, such as transformers and utility vaults, shall be located behind a building or screened as required by Subsection 18.620.070.F.4 where the sum of the linear dimensions of length plus width plus height equals more than 36 inches. shall be located behind a building or screened as required by Subsection 18.620.070.F.3. Landscaped stormwater facilities are exempt from this standard, and wireless communication facilities are subject to the standards and procedures in Chapter 18.798. 2. Service areas, such as those that contain waste and recycling containers, outdoor storage, and mechanical equipment, shall be located behind a building or screened as required by Subsection 18.620.070.F.43. Roof-top mechanical equipment is exempt from this standard, and. Vehicle vehicle parking and loading areas are subject to the standards in Subsection D below. D. Off-Street Vehicle Parking and Loading. 1. Quantity. There is no minimum quantity standard for off-street parking areas. The maximum quantity standard for off-street parking is provided in Table 18.765.2. This standard is not eligible for adjustment through the review process provided in Subsection 18.620.040.C.4 or elsewhere in this title. There is no minimum or maximum quantity standard for off-street loading areas. 2. Size. Each off-street parking space shall be a minimum of 7.5 feet in width and 17.5 feet in length. 3. Location. Off-street parking and loading areas, except those within parking structures, shall be located behind a building or at least 35 feet away from all street property lines. For purposes of this chapter, a parking structure includes an individual garage associated with a residential use. 4. Screening. Off-street parking and loading areas not located behind a building, except those within parking structures, shall be screened as required by Subsection 18.620.070.F.43. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 18 of 30 5. Landscaping. Off-street parking areas with more than 10 spaces, except those that are covered or within parking structures, are subject to the following standards as shown in Figure 18.620.2 below: a. One landscaped island with a tree shall be provided at the end of each row of parking and at least every 5 spaces within each row of parking. A landscaped area that runs the entire length of a row of parking may be provided instead of the required landscaped islands but shall contain at least the same number of trees as the islands. b. All required landscaped areas shall be a minimum of 90 square feet in size for single-loaded parking rows or 180 square feet for double-loaded parking rows. No dimension shall be less than 5 feet as measured from the inside of any proposed curb. c. All required landscaped areas shall be protected from vehicle overhang through the use of wheel stops. d. All required and proposed trees shall have a minimum caliper of 1-1/2 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the Tigard Urban Forestry Manual for soil volume and species. All required trees shall be maintained in good health and be replaced as needed to meet the parking area landscaping standards into perpetuity. e. A required landscaped area may be used to meet the city’s stormwater standards. Figure 18.620.2 Parking Area Landscaping Standards Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 19 of 30 6. Vertical Clearance. Off-street parking areas shall have a minimum vertical clearance of 7 feet. Off-street loading areas shall have a minimum vertical clearance of 15 feet. 7. Circulation. Off-street parking and loading areas shall be designed to prevent vehicles from backing into the street unless approved by the City Engineer. 8. Surface Material. Off-street parking areas, except those that are covered or within parking structures, may be paved, graveled, or utilize a turf grid or open joint pavers. Covered or structured off-street parking areas and all off-street loading areas shall be paved. E. Bicycle Parking. 1. Quantity. The minimum quantity standard for public bicycle parking is provided in Table 18.620.8 below. There is no maximum quantity standard for public bicycle parking. Public bicycle parking is defined as bicycle racks or lockers that are available for use by members of the public, including but not limited to visitors, employees, and residents. There is no minimum or maximum quantity standard for private bicycle parking, but the provision of private bicycle parking is encouraged for employees and residents. Table 18.620.8 Minimum Number of Public Bicycle Parking Spaces Proposed Development Minimum Number of Spaces Residential development that is not mixed-use and has more than 84 units. 4 spaces per every 120 linear feet of street frontage Non-residential and mixed-use developments. 6 spaces per every 120 linear feet of street frontage 2. Size and Design. Bicycle parking spaces shall be a minimum of 2 feet in width and 6 feet in length. Bicycle racks shall be designed to allow a bicycle frame to lock to it at two points of contact. 3. Location. Bicycle parking spaces shall be visible to pedestrians on the sidewalk in front of the proposed development. They shall be located in front of or to the side of the building. They may be located in the public right-of-way with the approval of the City Engineer. Their location shall not conflict with the use and maintenance of any utilities, service areas, off-street vehicle parking and loading areas, driveways, or transportation facilities. F. Retaining Walls, Fences, and Street Screens. 1. Retaining walls within 12 feet of any street property line shall not exceed 4 feet in height at any point within 12 feet of any street property line unless approved through the adjustment process as provided in Subsection 18.620.040.C.4. 2. Fences and walls along street and interior property lines are allowed but not required. Fences and walls within 12 feet of any street property line shall not exceed 3 feet in height within 12 feet of any street property line., and Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 20 of 30 3. Unfinished concrete blocks with any one dimension equal to or greater than 16 inches and chain link fencing are prohibited within 12 feet of any street property line. chain link fencing within 12 feet of any street property line is prohibited. 34. Street screens are required to screen off-street parking and loading areas, service areas, and utilities from the street. Utilities and service areas include, but are not limited to, waste and recycling areas, transformers, utility vaults, and mechanical equipment. Street screens shall meet the following standards: a. A street screen shall be a wall, fence, or combination thereof. It shall be opaque and permanent and located within 5 feet of the area to be screened. Chain link fencing is prohibited. b. If the area to be screened is an off-street parking area, the street screen shall be between 4 and 6 feet in height. If the area to be screened is an off-street loading area, service area, or utility, the street screen shall be between 4 and 8 feet in height. c. A street screen is not required where it would obstruct vehicle or pedestrian access. d. A street screen may not be more than 12 feet in length where located within 35 feet of any street property line unless approved through the adjustment process as provided in Section 18.620.040.C.4. G. Driveways. 1. Quantity. Driveways on all streets are subject to the standards in Table 18.620.9 below, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets are subject to the access management standards in Chapter 18.705. Table 18.620.9 Maximum Number of Driveways Development Site Maximum Number of Driveways For each street frontage less than or equal to 300 feet in length 1 per frontage For each street frontage more than 300 feet in length 1 per every 200 feet of frontage 2. Size. Driveways for all uses, other than single-family residential uses, shall be 20 feet or less in width on all streets, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets shall only be as wide as needed for safety and are subject to the access management standards in Subsection 18.705.030.H. Driveways for attached or detached single-family residential uses shall be 10 feet or less in width. Driveway width measurements do not include driveway wings. 3. Location. Driveways shall be located as far apart from each other as practicable except where shared. Driveways near street intersections shall be located as from the intersection as practicable. Driveways are not permitted to be located in the influence area of any intersection with Dartmouth Street, 72nd Avenue, or Pacific Highway and are subject to the access management standards in Subsection 18.705.030.H. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 21 of 30 4. Sight Distance. Driveways shall have adequate sight distance for safety. A sight distance analysis is required for proposed driveways or existing driveways on sites where development is proposed. The City Engineer shall specify the technical information that must be included in the analysis. 5. Shared driveways between adjacent developments shall be required where practicable and maintained into perpetuity with a recorded joint access agreement, contract, or other legally binding document. H. District Trees. 1. District trees are Oregon white oaks located throughout the TMU Zone in or adjacent to exi sting and future public rights-of-way. The director shall maintain an inventory and map of district trees. 2. If a district tree is removed, as provided below, or found to be in the public right -of-way, the director shall delete the tree from the district tree inventory and map. District trees deleted from the inventory and map for being in the right-of-way shall be regulated as street trees. Street trees are subject to the regulations provisions in Subsection 18.620.090.C.4.b. 3. District trees shall be preserved but may be removed in the following circumstances: a. The applicant has submitted an Adjustment application as provided in Subsection 18.620.040.C.4 and has obtained the necessary land use approval and tree removal permit. Tree replacement is not required. b. The applicant has submitted a report from a certified arborist that demonstrates that the tree meets one of the criteria for removal in Section 7 Part 1.B.1, 2, 3, 5 or 10 of the Tigard Urban Forestry Manual for a dead, dying, or hazardous tree and has obtained the necessary tree removal permit. Tree replacement is not required. 4. Development adjacent to district trees is subject to the following standards: a. The district tree preservation area shall extend 15 feet beyond the drip line of the tree. b. Pedestrian facilities are allowed within the tree preservation area. c. Buildings, driveways, and off-street vehicle parking and loading areas are not allowed within the tree preservation area. d. Tree protection measures shall be in place during any ground disturbance work. Tree protection measures shall consist of a 5-feet metal fence placed on the perimeter of the tree preservation area. 18.620.080 Building Design Standards A. Purpose. The purpose of these standards is to create safe, comfortable, and attractive streetscapes for pedestrians and support small-scale incremental development. In keeping with the stated purpose of this section, building design standards do not apply to street property lines along Interstate 5 and Highway 217. B. Building Height. The maximum allowed building height is 6 stories, except for properties shown on Map 18.620.A that have a maximum allowed building height of 4 stories. Basements, as defined in Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 22 of 30 Chapter 18.120, are not considered stories for purposes of meeting this standard. The height standard for each type of story is provided in Table 18.620.10 below. The height of a story is measured from finished floor to finished ceiling. 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 18.798. Table 18.620.10 Height by Type of Story Type of Story Height Ground story 12 feet (min.) and 25 feet (max.) Middle stories 14 feet (max.) Top story 18 feet (max.) C. Building Entry. Building entries shall be located on street-facing building façades as follows: 1. Quantity. A minimum of one building entry shall be provided for: a. (1) Every 80 feet of building façade, and b. (2) Every individual residence or tenant space with a street-facing façade that is not provided with a shared street-facing entry. Buildings that front onto two or more streets shall meet this requirement on at least one façade, but they are exempt from this requirement on the remaining façades where the façades are less than 50 feet in width. 2. Location. The maximum setback for a required building entry is 20 feet from the street property line. A required building entry shall be at an angle that is no more than 45 degrees from the street, except for entries to individual residences. Entries to individual residences that open onto a porch or stoop shall be at an angle that is no more than 90 degrees from the street. 3. Grade. A required entry shall be no more than 1 feet above or below the grade of the adjacent sidewalk, except for entries to individual residences. There is no grade requirement for entries to individual residences. 4. Weather Protection. A required building entry shall be covered, recessed, or treated with a permanent architectural feature that provides weather protection. The required weather protection shall be a minimum of the width of at least as wide as the entry, a maximum of 6 feet above the entry, and a minimum of 3 feet in depth. The required weather protection may project into the minimum building setback and public right-of-way as allowed by Subsection 18.620.080.D.2 below. D. Building Projections. Building projections are allowed as follows: 1. Architectural elements such as eaves, cornices, and bay windows may project into the minimum building setback as shown in Figure 18.620.3 below. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 23 of 30 2. Balconies or weather protection for balconies, building entries, or along building façades may project into the minimum building setback and public right -of-way. Elements in the right-of-way shall project a maximum of 4 feet and have a minimum vertical clearance of 10 feet from sidewalk grade as shown in Figure 18.620.3 below. 3. Signs may project into the minimum building setback and public right-of-way subject to the standards in Chapter 18.780. Figure 18.620.3 Building Projection Standards [Insert Graphic] E. Building Façade Windows. Building façade windows are required as follows: 1. Windows are required on all street-facing façades within 35 feet of any street property line and are subject to the window area standards in Table 18.620.11 below and as shown in Figure 18.620.43. below. Street-facing façades that contain vehicle parking, such as parking structures or individual residential garages, do not have to provide windows but shall provide façade openings that meet the minimum required window area in Table 18.620.11 below. If required façade openings contain glass, they shall meet the standards in Subsection E.3 below. If required façade openings do not contain glass, they may contain architectural elements that are no more than 30% sight-obscuring. a. Street-facing façades that contain vehicle parking, such as parking structures , do not have to provide windows but shall provide façade openings that meet the minimum required window area in Table 18.620.11 below. If required façade openings contain glass, they shall meet the standards in Subsection E.3 below. If required façade openings do not contain glass, they may contain architectural elements that are no more than 30% sight- obscuring. Table 18.620.11 Minimum Window Area Type of Story and Use Minimum Window Area Ground Story: Mixed-Use and Non-Residential 50% of façade Upper Stories: Mixed-Use and Non-Residential 30% of façade Ground Story: Residential Only 30% of facade Upper Stories: Residential Only (Does not apply to stories with sloped roofs or dormers) 15% of façade 2. Window area is the aggregate area of the glass within each window measured around the visible perimeter of each window, including the outer window frame and any interior grids, mullions, or transoms. Façade area is the aggregate area of each street-facing vertical wall plane. Ground story façades are measured from finished floor to finished ceiling. Upper story façades are measured from the finished ceiling of the ground story to the top plate or roof eave. 3. Required windows shall be clear glass and not mirrored, frosted, or reflective. Clear glass within doors may be counted toward meeting the window coverage standard. Figure 18.620.4 Window Area Standards for Street-Facing Building Facades [Insert Graphic] Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 24 of 30 18.620.090 Transportation Facility Standards A. Purpose. The purpose of these standards and procedures is to create safe, comfortable, and attractive streetscapes for pedestrians, improve connectivity for all modes of travel, and remove barriers for small-scale incremental development. B. General Provisions. This section contains the standards and procedures for improvements to public transportation facilities for all property located in the Tigard Triangle Plan District, including specific standards for vehicle, pedestrian, bicycle, and transit facilities. The terms “transportation facilities” and “transportation improvements” generally include those facilities, or improvements to those facilities, that accommodate all modes of travel that are usually located in public rights-of-way, also commonly referred to as streets. “Frontage improvements” are transportation improvements immediately adjacent to a proposed development’s street frontage. “Off-site improvements” are transportation improvements not adjacent to a proposed development’s street frontage. C. Transportation Facility Standards. 1. General Standards a. All transportation and associated utility improvements to be placed in a public right-of-way or public access easement shall: i. Meet the design standards of the city including but not limited to location, grade, width, materials, lighting, signage, and number and type of individual street elements as provided in this chapter, Chapter 18.810, and the Public Works Design Manual; and ii. Tie into existing transportation and associated utility improvements; and iii. Be reviewed and approved through the city’s public facilities permitting process, including but not limited to the requirements in Subsection 18.810.030.S and Sections 18.810.130 – 200; and iv. Obtain all necessary approvals and permits from other applicable road authorities if the right-of-way to be improved is not under the city’s jurisdiction. b. Right-of-way shall be dedicated to the public for transportation purposes. Additional right-of- way dedication may be required at intersections for needed improvements identified by a transportation impact study or applicable road authority. c. Partial transportation improvements, also called half-street improvements, resulting in other than full improvements on both sides of the street are generally not acceptable. Partial transportation improvements may be approved where the city finds that it will be possible for the adjoining property to dedicate and improve the remainder of the street when it develops. 2. Intersection Design and Spacing a. Streets shall generally intersect at right angles (90 degrees). Angles of less than 75 degrees shall not be permitted unless approved by the City Engineer. Streets shall generally intersect so that centerlines are not offset. b. Intersections shall have curb extensions to reduce pedestrian crossing distances, except on Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 25 of 30 streets that do not have dedicated on-street parking lanes. c. Street connections are subject to the intersection spacing standards in Table 18.620.12 below. Table 18.620.12 Minimum Distance Between Street Intersections Street Minimum Distance Between Street Intersections 72nd Avenue and Pacific Highway 600 feet Dartmouth Street 200 feet All Other Streets 125 feet d. Clear vision standards in Chapter 18.795 do not apply to street intersections in the TMU Zone. 3. Transportation Network Connectivity a. Transportation improvements shall conform to Map 18.620.B Transportation Network Map. Alleys are encouraged but not required. Private streets are prohibited. b. Block perimeters shall be 2,000 feet or less. If this standard cannot be met due to topographical constraints, protected natural resource areas, or existing development patterns, a bicycle and pedestrian connection shall be required by Subsection 3.c.i below. c. Bicycle and pedestrian connections include off-street trails and paths as defined in Subsection 18.620.090.C.4.d.i. Bicycle and pedestrian connections shall be provided as required below. i. Where the intersection spacing or block perimeter standards cannot be met, a bicycle and pedestrian connection shall be provided every 330 feet or less. ii. Where addition of a connection would reduce walking distance by at least 300 feet to an existing transit stop, planned transit route, school, or park. iii. Where addition of a connection would provide a midblock connection between a block face that exceeds 800 feet or would link the end of a turnaround with a nearby street. d. Streets shall be extended to the boundary lines of the proposed development where necessary to give access to or allow for future development of adjoining properties. i. Any required or proposed new streets through or along the boundary of the proposed development shall be accompanied by a future street plan. The future street plan shall show that is feasible to extend all required or proposed new streets onto adjoining properties to the satisfaction of the City Engineer. ii. Temporary turnarounds shall be constructed for street stubs in excess of 150 feet in length. Drainage facilities shall be constructed to properly manage stormwater runoff from temporary turnarounds. iii. Street stubs to adjoining properties shall not be considered turnarounds, unless required and designed as turnarounds, since they are intended to continue as through streets when Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 26 of 30 adjoining properties develop. iv. Reserve strips may be required in order to ensure the eventual continuation or completion of a street. e. Permanent turnarounds shall only be provided when Permanent dead end streets are not allowed except where no opportunity exists for creating a through street connection. The lack of present ownership or control over abutting property shall not be grounds for construction of a turnaround. Permanent turnarounds shall be no more than 200 feet in length, shall not provide access to greater than 20 units, Dead end streets shall meet all fire code access requirements and shall only be used where topographical constraints, protected natural resource areas, existing development patterns, or strict adherence to other city requirements precludes a future street connection. extension. The lack of present ownership or control over abutting property shall not be grounds for a dead end street. 4. Transportation Facility Design a. Street Design. All streets are subject to the design standards in Table 18.620.13 below and as shown in Figure 18.620.5, except for Dartmouth Street, 72nd Avenue, and Pacific Highway which are subject to the design standards in Chapter 18.810. Table 18.620.13 Street Elements and Widths Street Element Width Notes Maximum Right-of-Way (without bike lanes) 64’ Any turn lanes required by the City Engineer shall be accommodated in the on-street parking lane. Maximum Right-of-Way (with bike lanes) 70’ – 76’ Any turn lanes required by the City Engineer shall be accommodated in the on-street parking lane. Bike lanes are required on specific streets. See Map 18.620.B for bike lane locations. Bike lanes are 6’ in width and usually, but not always, located on both sides of the street. Vehicle Lane 10’ One travel lane in each direction is required. The need for a center lane is determined by the City Engineer. On-Street Parking Lane 8’ Parking on both sides of the street is required along the full length of each block face unless otherwise approved by the City Engineer for access, sight distance, stormwater facilities, bus stops, right turn lanes, or other need as identified by the City Engineer. Sidewalk Corridor 14’ Sidewalk corridors are required on both sides of the street. Each corridor shall include a sidewalk, landscape strip or tree well, and a 6” curb.  Minimum sidewalk width is 6’ Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 27 of 30  Minimum landscape strip width is 5’  Minimum tree well dimensions are 5’ x 14’ Landscape strips, if proposed, shall be designed as stormwater facilities. Tree wells may be designed as stormwater facilities. See below for additional standards on stormwater facilities and street trees. Curb extensions shall be included at all intersections. Figure 18.620.5 Street Elements and Widths b. Street Trees i. Street trees shall meet the standards in Section 2, Section 12, and Appendix 2 of the Tigard Urban Forestry Manual for tree size, spacing, maintenance, soil volume, and species. If tree wells are used, paving stones or Belgian blocks shall be used to protect tree roots in lieu of metal or rubber grating. ii. Street tree removal is subject to the city’s tree removal permit process and the standards in Section 3 of the Tigard Urban Forestry Manual. iii. Any Oregon white oak initially identified as a district tree, as defined in Subsection 18.620.070.H, that is considered a street tree due to its location in the public right-of-way shall be regulated as a street tree and preserved where practicable. c. Stormwater Facilities i. Stormwater facilities for managing stormwater runoff from transportation facilities shall meet all applicable Clean Water Services and City of Tigard standards. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 28 of 30 ii. Above-ground vegetated water quality facilities shall be required wherever practicable. iii. Water quality facilities may be located in an on-street parking lane in lieu of on-street parking or in the landscape strip or tree well area of the sidewalk corridor. iv. All stormwater facilities in the public right -of-way shall be approved by the City Engineer. d. Pedestrian Facilities i. Pedestrian facilities include sidewalks, trails, and paths. Definitions for these facilities are as follows:  Sidewalks are paved on-street transportation facilities for pedestrians.  Trails are paved off-street transportation facilities for pedestrians and bicyclists that span multiple developments, lots, or blocks. They are often located next to other linear corridors such as streams, highways, or rail lines and allow users to travel greater distances than paths. Recreational trails are recreational facilities that may or may not be paved and are often located within parks or natural areas.  Paths are paved off-street transportation facilities for pedestrians and bicyclists that provide connections through or between developments within a single block or for short distances. ii. Sidewalks, trails, and paths shall conform to the standards of this section and applicable federal and state accessibility requirements. sections of the Americans with Disabilities Act (ADA). iii. Sidewalks, trails, and paths shall generally be located within the public right-of-way. They may be located outside of the public right-of-way within a public access easement with approval by the City Engineer. iv. Sidewalks shall have a minimum unobstructed width of 6 feet for pedestrian through- travel. Any sidewalk area outside of the required through-travel area may be used for commercial purposes by adjacent development or may contain pedestrian amenities, such as street furniture, bicycle parking, trash cans, and drinking fountains. Use of this area for commercial purposes includes, but is not limited to: customer seating, merchandise display, and A-frame signage. Use of this area for commercial purposes is at the sole discretion of the City Engineer and may not include any permanent structures or utilities unless expressly approved by the City Engineer. v. Trails shall have a minimum right-of-way width of 15 feet and a minimum improved surface width of 10 feet. Trail widths may be reduced where constrained by existing development, protected natural resource areas, or topography as determined by the City Engineer. vi. Paths shall have a minimum right-of-way width of 12 feet and a minimum improved surface width of 8 feet. Path widths may be reduced where constrained by existing development, protected natural resource areas, or topography as determined by the City Engineer. Paths shall be located to provide a reasonably direct connection between likely pedestrian destinations. Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 29 of 30 e. Bicycle Facilities i. Bicycle facilities include bicycle parking, on-street shared lanes, on-street bike lanes, trails, and paths. Trails and paths are defined in Subsection 4.d.i above. ii. Bicycle facility improvements include, but are not limited to: bicycle racks, signage, pavement markings, intersection treatments, traffic calming, and traffic diversion. f. Transit Facilities i. Transit facilities include transit stops, transit shelters, transfer stations, and other related public transit facilities. ii. Transit facility improvements include, but are not limited to: benches, signage, shelters, bus turnouts, curb extensions, pedestrian crossings, and pedestrian lighting. iii. Factors that determine the level of transit improvements needed include, but are not limited to: street classification, existing and planned level of transit service on adjacent streets, block length, proximity of major pedestrian destinations, existing and estimated ridership, and estimated transit needs of the proposed development. iv. Transit facilities shall conform to current TriMet standards with final approval by the City Engineer. D. Fee in Lieu of Construction (FILOC). If improvements to public transportation facilities are required by Subsection 18.620.040.B.2.b, the applicant may request to pay a fee in lieu of constructing the required improvements. The provisions of this subsection do not allow the applicant to a pay a fee in lieu of dedicating any needed public right-of-way. 1. FILOC Review Criteria The city may accept a fee in lieu of constructing the required improvements when one or more of the following conditions exist. a. The city is actively in the process of studying or developing new design standards for one or more of the streets on which the proposed development has frontage. b. Required improvements are not feasible due to the location of existing development or frontage improvements. c. Required improvements are not feasible due to the inability to achieve proper design and safety standards. d. Required improvements are part of a larger approved capital improvement project that is listed as a funded project in a local or regional Capital Improvement Program (CIP) and is scheduled for construction within 5 years of the city’s approval of the proposed development. 2. FILOC Findings Chapter 18.620 (Underline/Strikeout Copy) Proposed Code Amendments June 19, 2017 Page 30 of 30 If the City Engineer determines that a fee in lieu of construction satisfies one of the criteria in Subsection D.1 above, the city will accept a fee upon the City Engineer finding that deferring construction of required improvements will not result in any of the following. a. Safety hazards as determined by the City Engineer. b. New and significant street drainage issues as determined by the City Engineer. If the City Engineer cannot make such findings, then the city shall not accept a fee and shall require construction of the required improvements. 3. FILOC Fees If the City Engineer determines that required improvements are eligible for FILOC, the applicant shall pay the fee in lieu of constructing the required improvements unless the city determines that the fee is not roughly proportional to the number of new trips estimated to be generated by the proposed development. The City Engineer will determine the fee based upon an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices. The applicant shall pay the fee to the city prior to the issuance of any development permits. a. If full transportation facility improvements have been assessed with previous development(s) on the site and the proposed development has additional impacts, the city may only assess additional FILOC fees when there has been a change to the city’s street design standards. b. If partial transportation facility improvements have been assessed with previous development(s) on the site and the proposed development has additional impacts, the city ma y assess additional FILOC fees for the balance of the improvements. c. If the applicant pays a fee in lieu of constructing the required and is issued a development permit by the city but does not develop as planned, the applicant may request a refund of t he FILOC fee within 3 years of payment. Any refunds are subject to the approval of the City Engineer. 4. FILOC Program Administration Fees collected by the city may be used to construct public transportation facilities or to leverage additional grant money for larger transportation projects. An accounting of fees collected and expended will be made available by the city to the public on an annual basis at the end of the fiscal year. Expenditure of fees is subject to the following: a. Fees shall be used for construction of public transportation facilities that benefit the development sites that paid the fees. 18.620.100 Sign Standards A. Signs in the TMU Zone are subject to the standards and procedures in Chapter 18.780 and shall utilize the MU-CBD sign standards in Subsection 18.780.130.C. ATTACHMENT 3 Comparison of Proposed and Existing Zone Boundaries and Land Uses (Map and tables show differences between proposed and existing zoning) MAP 1: Comparison of Proposed and Existing Zone Boundaries TABLE 1: Comparison of Proposed TMU Zone and Existing MUE Zone Land Uses Proposed Permitted Land Uses in TMU Zone MUE Zone Land Use Type Land Use Category (NCP = No Change Proposed) Civic Use Colleges Conditional Community Recreation Conditional Cultural Institutions NCP Day Care NCP Emergency Services NCP Medical Centers Conditional Postal Service NCP Religious Institutions NCP Schools Conditional Social/Fraternal Clubs/Lodges NCP Commercial Bulk Sales NCP Commercial Lodging NCP Custom Arts and Crafts Prohibited Eating and Drinking Establishments NCP Indoor Entertainment NCP Office NCP Personal Services NCP Repair-Oriented Retail NCP Industrial Railroad Yards NCP Research and Development Restricted Other Transportation/Utility Corridors NCP Residential Group Living Prohibited Household Living (all types) Restricted Transitional Housing Prohibited Proposed Restricted Land Uses in TMU Zone MUE Zone Land Use Type Land Use Category (NCP = No Change Proposed) Commercial Non-Accessory Parking Permitted Sales-Oriented Retail Permitted Industrial General Industrial Prohibited Light Industrial NCP Other Wireless Communication Facilities NCP Proposed Conditional Land Uses in TMU Zone MUE Zone Land Use Type Land Use Category (NCP = No Change Proposed) Civic Use Basic Utilities (Defined in Subsection 18.130.050.A) NCP Proposed Prohibited Land Uses in TMU Zone MUE Zone Land Use Type Land Use Category (NCP = No Change Proposed) Commercial Adult Entertainment NCP Animal-Related Commercial Permitted Major Event Entertainment NCP Marijuana Commercial Facility NCP Motor Vehicle Sales/Rental NCP Motor Vehicle Servicing/Repair Restricted Outdoor Entertainment NCP Outdoor Sales NCP Self-Service Storage NCP Vehicle Fuel Sales NCP Industrial Heavy Industrial NCP Industrial Services NCP Marijuana Industrial Facility NCP Warehouse/Freight Movement Restricted Waste-Related NCP Wholesale Sales NCP Other Agriculture/Horticulture NCP Cemeteries NCP Detention Facilities NCP Heliports NCP Mining NCP TABLE 2: Comparison of Proposed TMU Zone and Existing C-G Zone Land Uses Proposed Permitted Land Uses in TMU Zone C-G Zone Land Use Type Land Use Category (NCP = No Change Proposed) Civic Use Colleges Prohibited Community Recreation Prohibited Cultural Institutions NCP Day Care NCP Emergency Services NCP Medical Centers Conditional Postal Service NCP Religious Institutions NCP Schools Prohibited Social/Fraternal Clubs/Lodges NCP Commercial Bulk Sales NCP Commercial Lodging NCP Custom Arts and Crafts Prohibited Eating and Drinking Establishments NCP Indoor Entertainment NCP Office NCP Personal Services NCP Repair-Oriented Retail NCP Industrial Railroad Yards Prohibited Research and Development Prohibited Other Transportation/Utility Corridors NCP Residential Group Living Conditional Household Living (all types) Restricted Transitional Housing Conditional Proposed Restricted Land Uses in TMU Zone C-G Zone Land Use Type Land Use Category (NCP = No Change Proposed) Commercial Non-Accessory Parking Permitted Sales-Oriented Retail Permitted Industrial General Industrial Prohibited Light Industrial Prohibited Other Wireless Communication Facilities Permitted Proposed Conditional Land Uses in TMU Zone C-G Zone Land Use Type Land Use Category (NCP = No Change Proposed) Civic Use Basic Utilities (Defined in Subsection 18.130.050.A) NCP Proposed Prohibited Land Uses in TMU Zone C-G Zone Land Use Type Land Use Category (NCP = No Change Proposed) Commercial Adult Entertainment Conditional Animal-Related Commercial NCP Major Event Entertainment Conditional Marijuana Commercial Facility NCP Motor Vehicle Sales/Rental Permitted/Conditional Motor Vehicle Servicing/Repair Permitted/Conditional Outdoor Entertainment Permitted Outdoor Sales Permitted Self-Service Storage Conditional Vehicle Fuel Sales Conditional Industrial Heavy Industrial NCP Industrial Services NCP Marijuana Industrial Facility NCP Warehouse/Freight Movement NCP Waste-Related NCP Wholesale Sales NCP Other Agriculture/Horticulture NCP Cemeteries NCP Detention Facilities Conditional Heliports Conditional Mining NCP ATTACHMENT 4 Public Comments June 7, 2017 Susan Shanks, Senior Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Subject: Tigard Triangle Lean Code Recommendations Dear Susan: Thank you again for meeting with us last week and extending an invitiation to comment on the draft ‘Lean Code’ for the Tigard Triangle. As promised here are some suggestions for ways to amend the draft. Greg Mitchell of LRS Architects provided support in developing these recommendations. The proposed amendments will benefit property owners that have invested time and capital to assemble land for redevelopment. Attached is a conceptual design for an office building on the Dartmouth Block that is similar in scale to the project the City approved a decade ago. Also attached is a multi-family housing concept plan for the Dartmouth Block. We have concerns with specific sections of the proposed code as they relate to these two redevelopment options, which we believe exemplify the development goals for the district. We would like to see the code allow developments like these to proceed without having to go through a Type 2 adjustment process. Property owners that assemble large holdings, or those that own property that borders on two streets with the same orientation (i.e. north south streets) will have a difficult time designing a product that works in the current market and will accommodate future development phases. This is especially true for development programs that require sufficient surface parking today that can be repurposed in the future when the need for parking is diminished. That will happen as the district becomes a mature, walkable, transit district but that is not the present condition. The following recommendations are intended to let development proceed today with an eye toward that future condition and a program for conversion of the development pattern. Parking 1. The proposed setback requirement for surface parking in the Triangle is more restrictive than in the Tigard CBD district (compare draft Lean Code Figure 18.620.1 and TDC 18.610.B.2). We think that in this regard the two districts should be regulated the same and suggest that the City adopt a 10’ setback in the Triangle. Visual screening using enhance landscaping and/or and architectural element, like a low wall, would be set at a min. of 5’ from property lines. This is a common buffering standard. 2. If the standard parking setback is greater than 10’, then include an allowed deviation for a 10’ surface-parking setback on a lot that fronts two streets oriented in the same direction and on corner lots. This would avoid the need for a Type 2 adjustment and the delay that could occur if appealed. Building Standards 1. Alter map 18.620.A to show the blocks where buildings may be six stories. Limit those to blocks that are in proximity (e.g. within 1000’) of a planned transit station or some other clear and objective standard. The balance of the district would be subject to a 4-story limit. Include an allowed deviation in height for development sites greater than 2-acres where the buildings are designed to step down in height to four stories within 150’ of the property edge. 2. We are concerned that building entrances on SW Dartmouth Street, which does not allow on-street parking, will not serve pedestrian needs. Exempt buildings that face SW Dartmouth from secondary entrance requirements. 3. Increase the requirement for secondary building entrances on buildings with frontage on a secondary (non-primary) street from 50’ to 100’. Site Development Standards 1. Include a deviation from the site design standards for projects on sites greater than 2-acres when the application is accompanied by a “future development phase” plan that demonstrates future compliance with building and parking setbacks under a planned development phase. The intent is not to approve a specific phased development program for the site but only to demonstrate that the development program can be expanded to meet site development standards. An example phased development concept plan is attached for reference. Adjustment Process 1. The adjustment process as currently written could be interpreted to require that every requested adjustment meet all the criteria outlined in 18.620.040.C.4. We suggest the text be revised to read: c. An ADJ application shall be approved when all of the following applicable land use approval criteria have been met for each requested adjustment: 2. Add an approval criterion that allows for deviation from site development standards for sites greater than 2-acre in size when a phased development plan shows that a future development phase will allow the site to meet site design standards. See the attached phased development concept. 3. Add an approval criterion that allows for deviation from site development standards for sites that front two streets. Thank you for considering these recommendations. We look forward to working cooperatively with the City during the adoption process. Sincerely, DJ Hefffernan DHC Planning c. Greg Mitchell Greg Specht Phased Development Concept Plan 1 Susan Shanks From:Robinson, Michael C. (Perkins Coie) <MRobinson@perkinscoie.com> Sent:Wednesday, June 07, 2017 9:01 AM To:Susan Shanks; Gary Pagenstecher Cc:ryan.schera@deacon.com; Robinson, Michael C. (Perkins Coie) Subject:Lean Code Susan, after you dropped off our call, we continued our discussion with Gary about vesting the second phase of the pending SDR through substantial construction of the first phase. Unfortunately, TCDC 18.360.030.E. limits the Director’s ability to do so by imposing a maximum 3 years for phased development. In light of this provision, would you consider adding the following language to the Lean Code(it doesn’t add much weight)? “Phased Projects with an approved Site Development Review application prior to the effective date of this Chapter shall be allowed to be completed under the approval without respect to TCDC 18.360.030.E.” The TCDC already allows projects in Washington Square to avoid the phasing requirement in TCDC 18.360.030.E. See TCDC 18.630.020.C. Thanks. Mike Michael C. Robinson | Perkins Coie LLP PARTNER 1120 N.W. Couch Street Tenth Floor Portland, OR 97209-4128 D. +1.503.727.2264 C. +1.503.407.2578 F. +1.503.346.2264 E. MRobinson@perkinscoie.com   Selected as 2014 “Law Firm of the Year”   in Litigation ‐ Land Use & Zoning by   U.S. News – Best Lawyers® “Best Law Firms”    NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 1 Susan Shanks From:Trinh Tran <trinh.ng.tran@gmail.com> Sent:Sunday, June 04, 2017 8:52 PM To:Susan Shanks Subject:Re: Tigard Triangle Lean Code -- Public Draft Hi Susan, Sorry it took a bit of time to get the comments back to you. I am working for WHPacific now so things have been busy. Below are some issues the City might want to look into: Trash can: There are requirements for the location of the trash bins. They require a lot of wasted land to accommodate once-a-week collection. Please look into Portland downtown to see if garbage trucks can park on the street to collect garbage. Traffic Impact Study: I am confused after reading this section. This does not seem to be a lean code when it comes to “Trips generation and new development that triggers traffic impact study.” “If the TIS determines that transportation facility improvements are needed, the city will require construction of improvements and dedication of right-of-way at the time of development pursuant to Subsection…”. This sentence does not provide a lean code. It opens doors to many uncertainties because building to a maximum 4-6 levels will for sure trigger a Transportation Impact Study. The City would want people to build to the maximum. However, developers would likely to build small if they have to do public improvements. As you saw some of the cost/benefit analysis conducted in the past, it costs more to build big structures/buildings than to make profit in the Triangle due to surrounding competitions and the lack of existing infrastructures in the Triangle. Food Carts: Food carts are permitted, but outdoor sales are prohibited. How are these different? I am thinking to allow artists or musicians to rent the outdoor spaces and provide entertainment (or sell art) on the weekends (summer time) to uplift the Triangle atmosphere. Would this be allowed? Access Width: It’s clear that the access width is 20’ in most section, but section 18.620.040 2.C.ii indicates, “A minimum of 24 feet of pavement and horizontal clearance along each street frontage where access is taken…” I am a little confused, is it 20’ or 24’ for access road? 70% Façade: What happen if a narrow lot cannot provide a minimum 70% of façade while accommodating a 20’ access drive, would the developer still be able to build? Would this be approved by the City through a special review? (This does not apply to my site, but I think some lots in the triangle may not be able to provide 70% of façade. 2 Minimum Window Area: I believe Oregon Building Code has specific window area requirements for setbacks. For zero setback, the walls cannot have any window. For Table 18.620.11 Minimum Window Area, please double check to make sure to avoid conflicts. Thanks, Trinh On Thu, May 18, 2017 at 2:43 PM, Susan Shanks <SusanS@tigard-or.gov> wrote: Greetings! You are receiving this email because you have expressed interest in the Tigard Triangle Lean Code. A public draft is available for review on the city’s website here: www.tigard-or.gov/tigardtriangle. We will post a revised draft on June 12. The first public hearing on the draft code is before the Planning Commission on June 19. A notice is attached for your convenience with hearing details. I encourage you to contact me with questions or comments prior to the hearing. If you’d like to talk with me in person about the draft code, I am holding drop-in office hours as follows: Lean Code Office Hours (no appointment necessary) Dates: May 23—June 1, 2017 Times: Tuesdays 1-3 pm, Wednesdays 4-6 pm, Thursdays 11 am-1 pm Location: Tigard Permit Center at 13125 SW Hall Blvd You are welcome to attend any of the public hearings on the draft code and provide comments directly to the Planning Commission or City Council. We anticipate at least two hearings before the Planning Commission followed by several hearings before the City Council, with adoption in August or September 2017. Assuming the new code is adopted, the effective date may need to be delayed. The effective date will be contingent upon adoption of new zoning (see Map 18.620.A in the draft code). This action requires the completion of a district- wide traffic analysis, which is in progress. Regards, Susan P Shanks | Senior Planner Community Development Department | City of Tigard 1 Susan Shanks From:Calista Fitzgerald <oregonfitz@icloud.com> Sent:Saturday, May 20, 2017 9:41 AM To:Susan Shanks Subject:Tigard Triangle Lean Code Susan - Thank you for sending the draft. Below are my comments/questions:  18.620.030 B 1 a. Does this need a reference to what part of Title 18 needs to be followed?  18.620.030 B 1 b. Does this need a reference to what part of Title 18 needs to be followed?  18.620.060 B 3. Why limit to only banks? What if a national pharmacy that has a drive thru?  18.620.060 C b. I do not find a standard on how gross sq ft needs to be calculated. Nothing in 18.120- 7. There are several interpreations of this - “sum of all area of building included within the outside faces of its exterior walls” “ foot print of building to the exterior face of the building”. This should be defined.  18.620.070 B 2. “if the building is not located on the property line, then it must be located at least 5 feet away from the interior property line.” This is a planner desire. A structural engineer will determine how far a proposed building will be from a interior property line (with an immediately adjacent building). The distance from the property line is to allow for building movement during a seismic event.  18.620.070 C 1. Not clear if this is a square footage calculation or a liner calculation.  18.620.070 D 8. “Graved/turf grid”. This could be a potential issue. Can not maintain accessible parking stripping on gravel or turf grid. Lean code is intended to encourage small development. Those types of development are still required to meeting accessibility as adopted by the OSSC.  18.620.080 B. “height of story is measured from finished floor to finished ceiling” So I don’t have to count the mechanical space above a dropped ceiling? But I would be penalized if the design was for a open to structure ground floor?  18.620.080 E. 2. “Ground story facades are measured from finished floor to finished ceiling”. This does not translate to a multistory building (finished floor - hard ceiling - mechanical space, plumbing drops , electrical - structure). mechanical space can be several feet. Not likely all the MEP design will be completed to have this determined when coming in for land use. Thanks - Calista