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DCA2013-00003
DCA2O13 - 00003 PARKS AND REC ZONE • 4111 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 14- C 3 AN ORDINANCE AMENDING CHAPTER 18.330 (CONDITIONAL USE) AND CREATING CHAP1hR 18.540 FOR THE PURPOSE OF ESTABLISHING A NEW BASE ZONE TO BE KNOWN AS THE PARKS AND RECREATION ZONE,AND ASSOCIATED ZONING MAP AMENDMENTS TO CHANGE APPROXIMATELY 500 ACRES OF CITY OWNED LAND FROM EXISTING RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL ZONING DESIGNATIONS TO THE NEW PARKS AND RECREATION ZONE(DCA2013-00003). WHEREAS, the city initiated application for the proposed code amendment to amend the text of Development Code Chapter 18.530 (Conditional Use) and Create Chapter 18.540 (Parks and Recreation Zone) to establish a new base zone;and WHEREAS, the city has also initiated changes to the Zoning Map to apply the new Parks and Recreation Zone to approximately 500 acres of city-owned land;and WHEREAS,the purpose of the new base zone is to preserve and enhance publicly owned open space and natural and improved parkland within the city;and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.390.060.D; and WHEREAS, the Tigard Planning Commission held a public hearing on November 18, 2013 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended by staff and Planning Commission;and WHEREAS, the Tigard City Council held a public hearing on January 28, 2013, to consider the proposed amendment; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. Certified to be a true copy of the original document on file at ty of Tigard City Hall. ORDINANCE No. 14-C)-3 By: ' r p YQ } Z Pagel City Rccordec,�1ty oPl igard IIGARO Date: !jC�cc '`�-- 0 P4 • NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SECTION 2: The specific zoning map amendment attached as"EXHIBIT B" to this Ordinance is hereby approved and adopted by the City Council. SECTION 3: The findings in the March 11, 2013 Staff Report to the Planning Commission and the Minutes of the November 18, 2013 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By ' j(1Cl.n1.C 1)LL5 vote of all Council members present after being read by number and title only,this r, St`—'day of ,'C i,:cc` ,2014. 2L4ou.nQ Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this dayQ£ C ,2014. ac' LaNd Nenc�ers,n, Approved as to forpi: COLA c_i_l t c'es r�en� City Attorney t. ' _ 9a14 Date ORDINANCF No. 14- 05 Page 2 • • Staff Commentary This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter (18.540) as set forth below. Proposed changes are indicated by the use of otrihethrougha to indicate language to be removed. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDA77ON.AS AMENDED BY COUNCIL 2 • • Proposed Text Amendments CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose (No change proposed.7 18.330.020 Approval Process iNo change proposed; 18.330.030 Approval Standards and Conditions of Approval [No change proposed] 18.330.040 Additional Submission Requirements /No change proposed; 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 5. Community Recreation and Parks: a. All building a.,tbaeks•.,hail--Lc .i.i . a,.,of 30 feet from any property line; approved parking plan for anticipated peak use periods. Of€site peak use or ovorspill parking shall require a signed agrccmc.t with the landowner providing the,n]1taw.al—p«Lki..g-3{n... than one acre, along with ata approved parking plan for anticipated peak uac periods. Off site peak uac or overspill parking shall rcq c a signed agreement withtlrc additional parking. TIGARD PARKS'ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 3 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments included on the opposite page include the purpose of the zone,its short name for use on the zoning map,and where the zone is applied. Language proposed in 18.540.030 (Where the Zone is Applied) reflects the intended purpose of the zone, namely acknowledgement that the land is in public ownership and intended for development of parks and other community recreation facilities,and is not intended as a general open space zone to be applied to public and private property. As proposed,the zone is not intended or allowed on privately owned property. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 4 s • Proposed Text Amendments CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18,540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including: A. Providing opportunities for both active and passive recreational facilities to meet neighborhood community and regional needs:, B. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity,improve public health, and foster interactions between citizens; D. Providing economic development bt creating a desirable public image and robust quality of life• E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development_of recreational facilities as the City responds to changes in demographics,program needs,and external regulatory requirements;and G. Allowing for the efficient implementation of plans and improvements to parks,recreational facilities and open areas with appropriate reviews where compatibility issues may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks,open space and recreational facilities and may be applied within all Comprehensive Plan Designations. City owned parks,open space.and recreational facilities located in a plan district may retain or receive other than a Parks &Recreation Zone designation if it better furthers the goals of the plan district. In addition, other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 5 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone, as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone, and is consistent with the stated purpose set forth in sections 18.540.010. TIG ARD PARKS ZONE PROJECT PIANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL G • Proposed Text Amendments 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,inventoried hazards,and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title. 18.540.050 Use Regulations A. Types of uses. For the purposes of this chapter.there are three types 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. 2. A conditional use (C)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 18.330 (Conditional Use). 3. A prohibited (N) use is one that is not permitted in a zoning district under any circumstances. B. Use table.A list of permitted. conditional and prohibited uses in the Parks&Recreation Zone is presented in Table 18.540.1. TABLE 18.540.1 USE TABLE:PARKS&RECREATION ZONE Land Use Categ y Use Type RESIDENTIAL Household Living N Group Living N Transitional Housing N Home Occupation N CIVIC Basic Utilities C Colleges N Community Recreation P/C' Cultural Institutions C Day Care N Emergency Services N Medical Centers Postal Service N Religious Institutions N Schools C2.' Social/Fraternal Clubs/Lodges N TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 7 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.010. While the zone is intended primarily for community recreation land uses, outdoor sales and eating and drinking establishments are proposed as conditional land uses with restrictions,in order to allow limited concessions within a city park. This would include things like food and beverages and recreational equipment rentals. On January 28, 2014 the Tigard City Council moved to include Outdoor Entertainment as a conditional use within the new zone. This was done to not preclude programming and vendor opportunities within city parkland through a process that ensured opportunities for public comment. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 8 • • Proposed Text Amendments COMMERCIAL Commercial Lodging N Custom Arts and Crafts Eating and Drinking Establishments C' Major Event Entertainment C Outdoor Entertainment C Indoor Entertainment N Adult Entertainment N Sales-Oriented C3 Personal Services N Repair-Oriented N Bulk Sales N Outdoor Sales �? Animal-Related N Motor Vehicle Sales/Rental N Motor Vehicle Servicing/Repair N Vehicle Fuel Sales N Office feLi Self-Service Storage N Non-Accessory Parking N INDUSTRIAL Industrial Services N Light Industrial N General Industrial N Heavy Industrial N Railroad Yards N Research and Development N Warehouse/Freight Movement 1 Waste-Related N Wholesale Sales N OTHER Agriculture / Horticulture ELL! Cemeteries N Detention Facilities N Heliports N_ Wireless Communication Facilities P C Rail Lines./ Utility Corridors P=Permitted C=Conditional Use N=Not Permitted TIGARD PARKS'ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 9 410 • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The text amendments on this page constitute one of the biggest changes from existing regulations. In contrast to present regulations where community recreation is a conditional use in almost all zones, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities"and by themselves do not have a high likelihood of creating off-site impacts. The size threshold for small structures (600 square feet) was chosen as it is approximately the same size limit as that applied to accessory structures on residentially zoned lots (528 square feet). These structures would be required to adhere to stricter setbacks than residential accessory structures, when adjoining a residentially zoned lot (see proposed development standards in 18.540.060 below). According to the Parks Department, most small structures are under 500 square feet in size. The code proposes 600 square feet to provide flexibility in future park programming. A picnic area designed to accommodate groups of less than 25 would be defined as open area with either a hard or soft surface pad that accommodates up to two or maybe three picnic tables — depending on size. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATTONAS AMENDED BY COUNCIL 10 • • Proposed Text Amendments [1] See Subsection 18.540.050.C-D for use type determination. [2] Restricted to activities and facilities focused on environmental education. [3] Permitted only when accessory to a Community Recreation land use. [4] See Chapter 18.798.Wireless Communication Facilities. C. Development Permitted Outright. When associated with a Community Recreation land use, the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply. 1. Park furnishings such as play equipment. picnic tables,benches.bicycle racks,public art trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street, multi-use trails. 4. Structures up to 600 square feet in size,and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields. courts,arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. TIGARD PARKS'ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 7 i • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments on the opposite page establish development types subject to Conditional Use Permit review. These types can be generally described as more "active recreational facilities" which are likely to generate off-site impacts and require additional review on a site-by-site basis. In response to a comment letter from the Bonneville Power Administration, development within a high voltage transmission line right-of-way has been made a conditional use to ensure they are notified of the proposed development and haye an opportunity to comment. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 12 • Proposed Text Amendments D. Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval. as set forth in Chapter 18.330 Conditional uses. 1. Pools and aquatic centers,both indoor and outdoor. 2. Community and Senior Centers providing a focus for recreational.social,education and cultural activities. These may include gymnasiums.indoor tracks and fitness areas,meeting rooms,office and kitchen space and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5. Off-street parking areas. 6. Recreational fields,courts,arenas and associated structures for organized sports and competitions. 7. Stages and Amphitheaters. 8. Dog parks. 9. Community gardens in excess 5,000 square feet. 10. Structures in excess of 600 square feet.and/or more than 15 feet high. 11. Outdoor amplified sound systems. 12. Illuminated athletic fields, courts,and other outdoor recreational facilities intended to be used after sunset. 13. Camping. unless associated with an approved temporary or seasonal event as set forth in 18.785 Temporary Uses. 14. Golf courses,including club houses and driving ranges. 15. Development within a high voltage transmission line right of way. TIGARD PARKS'ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 13 • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The proposed text amendments on this page establish new development standards for the Parks and Recreation Zone. At present,development within parks is subject to a uniform 30 foot setback for all structures, and a variety of base zone regulations for things like lot size,width,coverage,height limits, and so forth. The new standards are intended to provide greater flexibility in park programming, while providing enhanced setbacks for certain development types adjacent to residential zones. For example,small shelters may be built closer to adjoining residential development than currently permitted,while bathrooms and illuminated playgrounds must adhere to stricter setbacks than currently required. TIGARD PARKS'ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 14 • Proposed Text Amendments 18.540.060 Development Standards Development within the zone must comply with the following development standards,except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None. C. Maximum Structure Height. None, except structures within 100' of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None,except where abuning a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools,skate parks,basketball courts, soccer fields,and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330. F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones.Where a bathroom or concession stand abuts a school use on a residentially zoned property,the setback is reduced to zero. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 15 I ! Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Parking requirements for dog parks were transferred unchanged from existing CUP approval criteria,with the exception of dog parks less than '/s acre in size. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 16 • A Proposed Text Amendments G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking&Loading Requirements) with the following exceptions: 1. Minimum parking requirements shall only apply to conditional uses in this zone. Outright permitted uses arc exempt from minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces, and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one-acre shall provide a minimum of three off-street parking spaces,and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one-half acre are exempt from minimum parking requirements. H. Signs. Signs in the Parks &Recreation Zone shall comply with the regulations applicable to non-residential land uses in residential zones, as set forth in Subsections 18.780.130.A and B of this Tide. I. Lights &Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition,glare sources shall be hooded, shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles,as measured at the site boundary or at the furthest .oundaiy of adjacent industrially-zoned properties. 77GARD PARKS'ZONE PROJECT PLANNING COMMISSION RECOMMENDATION AS AMENDED BY COUNCIL 17 1 i - ::.,.-15.':..-• •-•,. ,.--;..,%;;';','..s -V,ilibiTt id : 1' .../"..4' — ,...444‘41 !i!,-._,... '- ,,,r.,::41-,t,St.. DCA2013-00003 0 r - --,--,,,, --..-• ,,t`.-..;', .45., Parks and Recreation Zone ,.r-ri 0:1 ---,:-.-1 „Icrr,r •-•:11_14-0-.,,-. t;'---; 1, 7 Proposed Map Arnendnsent ''',/r''-' Nera'f6 ,W ' , 1 rit_e 3 ilk.77.r..,'it:- Planning Comm.Recommendation with Recommended Staff Changes / -. '. ns.5 R.,,, r - - - 1 , January 23,2014 'l lir-fi - SdUE -17- ......, ; (7 ,. ligsrd City Boundary ... - t• 4*!*'. -1 Lr ' .MU el - ,.r. Inn Proposed Parks and Eisen-anon Zone $ ,%.2 ' - t."- C-P . R.25 R-45 Ry )11/ ..?, Zoning 41111,---„..„ // *NIL .R1-12 R-4. 30,000 Sq Ft Min Lot Sae - ; ` R-3.5 . ,, ., / R-12 R-4 6 . 2100:000000 s,Sq Pp:2424mm Li:sS„,tre. R-20 1 R-12 IP! R-25 MUE • . . :., ' ...' . '-' _ / R-25 11111Rnmmt4irh.Apr, R-77,563 Sq Ft Min Lot Size / R-7 R-25 3,000 Sq Ft&fin Lot Size / R-12 R-11 RAS 4 3,050 Sq Ft SEn Lot Size , /I ,, ...7 Tr'R.-I.5 -tov-c,-;:-..,7 ,4 r; . 4,415 1,480 Sq Ft Nlin Lot Size , ,,... 1 i 1:1 / _--------4444,----:, __. .`......' I 5 0 h 4 ,''' IIIIII 40 Units Pet Acre .-- ,4•7 R-12 .7d.- -: ! - , , I .° 4° "!, ; -. 11111 Meted the Residential 1 1 ; r Fer75 0 1 ! -4 ill 'Mixed Use Rendennal 2 1 1 '- RilL_r- .3.;.r7., . -] I-P '7 1 R-3.6 R-3.5 I /I . INN Mixed Used Central Business Dist= se R-4.5 I I R-4.6 .. . . . C R.7 ommunity Commerce' R.I.5 Ziletghborhood Comenerual ' -J R-3.5 44.1 _ 1 R-7 4 id 1 1111 General Commerce' - 1 "— 'F:Iri. R-7 R-1 R.2 R-12 677 7r oir 512 1111 Profesuonal Commercal I ar 1 i-f- I—1 1^1 n..4.5 •-.M 11-3.5 ,' III. Mixed Use Commendal I 1 I 1 ^ R-40 1 -1— 1 4-!I 1 1-7 --4.-7 R-4.5 • I 1 ! 1 VA-C8ITY litt -: -- Aimed Use Employment I _ - . 1 1,1 i.1.--j.. " i/C-G R-25 R-7 R-7 R-4 5 -'' 11111 Mixed Use Ernplorrnera 1 / R-12 t!. • i R-12 i _ . IIIII Mixed Use Employment 2 C-N Light Indostnal . .•4. ., 1-P .. , 4 . . ‘./.., V[cintv Map - R-4.5 -,.. DATA SOURCES: - ,'''' Industrial Park ECI -`: tf.;!! !7. aqui-711rd --"*.> . '/ Nam -I Heave Industrial • Washington County sne L 116)1V.Eikr•61 - .......,„ . . .- . / . ---' , TIGARD :._ \,.'..4(..... 1' Ilin ..• . . , . . • gagnilillig===ialilas 603.IIN.III! 1 1 1 • I CITY OF TIGARD PLANNING COMMISSION DRAFT Meeting Minutes November 18,2013 CALL TO ORDER President Anderson called the meeting to order at 7:03 p.m.The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. ROLL CALL Present: President Anderson Commissioner Doherty Commissioner Fitzgerald Commissioner Muldoon Vice President Rogers Commissioner Schmidt Absent: Commissioner Feeney; Commissioner Gaschke; Commissioner Shavey Staff Present: Tom McGuire,Assistant Community Development Director;John Floyd, Associate Planner; Chris Wiley, Sr. Admin.;Doreen Laughlin,Executive Assistant; Steve Martin, Parks&Streets Manager PLANNING COMMISSIONER COMMUNICATIONS Commissioner Fitzgerald stated that she'd attended two Tigard Triangle CAC meetings and gave a brief report on those meetings. CONSIDER MINUTES October 21 Meeting Minutes: President Anderson asked if there were any additions, deletions, or corrections to the October 21 minutes;there being none,Anderson declared the minutes approved as submitted. PUBLIC HEARING—President Anderson opened the public hearing. PUBLIC HEARING: DCA2013-00003 PARKS ZONE Associate Planner John Floyd introduced himself and distributed copies of additional testimony that he'd received. (Exhibit A). He said this is a text and map amendment that would amend Chapter 18.330 which pertains to conditional uses. It would remove existing regulations for community recreation land uses out of this chapter and migrate them towards a new chapter labeled 18.540,which is the new parks and recreation zone. This would essentially create a fourth base zone type. Presently, the city only has residential,commercial,industrial zoning districts;this would add a fourth type which would be "Parks&Recreation."The map amendment would affect a little over 500 acres of land,which is about 7% of the city land mass and about 90%of that is zoned residential. John went over a Power Point presentation (Exhibit B). He noted that this project: Page 1of4 • ► Does not propose specific changes to existing parks, or create a new park. This is a rules and procedures change—it's not a proposal for a specific change to a specific park. 1 Does not rezone private property. As proposed,new zone may only be applied to publicly owned land (18.540.030). This is not a case of the city trying to preemptively zone property. / Does not change, remove,or supersede any existing sensitive lands regulations (18.540.040). So why change the existing code? The code lacks a dedicated zone for parks or other public uses. The existing code makes Community Recreation Land Uses a conditional land use in almost all zones. Development standards are minimal and inflexible— • 30' setback for all structures,regardless of their purpose • Does not address non-structural improvements (ballfields, etc) Results in a lengthy& expensive process • Permit fees • Consultants • Staff time • Street dedications and improvements • Delayed project implementation For one recent small project to install a play area and trailhead, the cost of the land use permit is going to exceed the cost of physical improvements. What would be the biggest change from the existing code? In contrast to present regulations, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities" and by themselves do not have a high likelihood of creating off-site impacts. What do others have to say? Citizen Inquiries: • Mostly Informational • More enforcement of leash rules • What are the future plans for the park/open space by my house? • Just hurry up and build them • Loss of privacy and security • Confusion regarding overlapping notices for Senn Park (Dec 9) and Dirksen Nature Park (Recent) Three Substantive Comments: • Limit size of projects listed as "by-right" and exempted from land use review • Increased protection of environmental resources (Le. habitat,wetlands, etc) • ODFW recommended we create subzones and regulate improved land,open space, and natural areas differentially The latter two are outside the scope of this project. Page 2 of 4 • 411111 STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments and map amendments with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. QUESTIONS OF STAFF Was this vetted through the Parks and Recreation Board?Yes. We worked closely with Steve Martin and Brian Rager. Mr. Martin is here tonight if you have any questions. And, currently there is no separate zoning for parks? There is not. No. TESTIMONY IN FAVOR-Steve Martin, Parks & Streets Manager for the City of Tigard—testified they are in favor of the new zone because it would streamline things. He explained that they don't skip any environmental processes. TESTIMONY IN OPPOSITION—Sue Bielke 11755 SW 114th Place,Tigard spoke on behalf of the "Friends of Fanno Creek" group. She gave her testimony and provided a transcript of her testimony (Exhibit C). Ron Shaw,13515 Essex Drive,Tigard said his property is backed by a green belt and that he and his neighbors assumed that the green space would remain a green space and not a public park. His concern is that he was not specifically notified and that the process will be further simplified in the future. President Anderson added that Mr. Shaw's written statement is in the commissioner's packets and that would be considered as well. Glenna Thompson, 13676 SW Hall Blvd Unit 2 Tigard said she had submitted an email to John Floyd and stated that the commissioners have a copy of it regarding her thoughts on the proposal. She said her biggest concern is a "one size fits all" concept that seems to be going on. Jerrod Buckmaster, 14802 SW 91st Ave.,Tigard —said he lives in the "Mallard Lakes" area where there are two ponds which are owned by the neighborhood. He said there are geese, ducks, blue herring, turtles, and other wildlife in that area. The city owns the greenway area. His and his neighbors that also back to the greenspace are concerned that the wildlife may be impacted.John Floyd stated that this area is under "sensitive lands" and that the lands owned by Mr. Buckmaster's neighborhood association would not be affected by this project. David Driscoll, 13469 SW Essex Drive,Tigard said this is the first time he's ever attended a Planning Commission meeting and the first time he'd heard John Floyd. His concern is what will happen at the bottom of the ravine behind Essex Drive.John said because the fact that there's already a trail back there,he's not sure there's much more in the works for that area but that he believes Mr. Martin could answer that more specifically. He added that any development on slopes more than 25% has to go through Sensitive Lands Review and there are different levels of that. There is oversight for development in those types of steep areas. A question came up as to fencing regulations.John answered that there are regulations for things like fences in floodplain areas and that staff could get back to the commission on that if they would like more specific information. Page 3 of 4 PUBLIC HEARING - CLOSED DELIBERATIONS Commissioner Doherty believes the City of Tigard is responding to the citizens'interest in more parks. She appreciates the work with having a parks designation because she believes it will help move the park system forward without having to spend lots of money on consultants and that type of thing. Commission Fitzgerald believes the permitted outright items aren't precluding public input because that's actually handled from the Parks Dept. She's particularly familiar with what's happening with the park in her own neighborhood. She realizes this would help parks to be designated sooner. She understands concerns by Fanno Creek and Fish and Wildlife,but she believes those concerns are addressed by the processes the Parks Dept goes through to activate the public hearing. MOTION Vice President Rogers made the following motion - seconded by Commissioner Doherty: "I move for approval of application Park Zone DCA2013-00003 and adoption of the findings and conditions of approval contained in the staff report and/or based on the testimony received." A vote was taken and the motion passed unanimously. John Floyd added that, for those interested,the date this item goes to City Council has not yet been determined but that all who have submitted comments will receive a notice detailing the time and date. OTHER BUSINESS—Tom McGuire,Assistant Community Development Director,went over upcoming meetings. CALL FOR FUTURE AGENDA ITEMS —None. ADJOURNMENT President Anderson adjourned the meeting at 8:45 p.m. Doreen Laughlin, Planning Commission Secretary A rIEST: President Tom Anderson Page 4 of 4 • Agenda Item: #5 Hearing Date: November 18,2013 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION $11 .09 FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT CASE NO.: Development Code Amendment(DCA) DCA2013-00003 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code • (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish use regulation and development standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. The proposed text and map amendments for the Planning Commission's review are included in Attachments 1 and, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Chapters 18.330& 18.540: Citywide LOCATION: Citywide and properties identified in the Attached Maps. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2, 8, 9, and 10; and Community Development Code Chapters 18.380 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find m favor of the proposed development code text amendments (Attachment 1) and map amendments (Attachments 2 and 3); with any alterations as determined through the public hearing process,and make a final recommendation to the Tigard City Council. TR.(RD PARKS ZONI PROJECT DI1VR1.OPM1'.NT :ODE.1MENDMI(Nt D('s2013.00003 11/18/2013 PUBLIC I \RING,ST.11.f RISI'ORI III I7I1?PLANNING COMMISSION I'1Gl.: I ()I.9 • SECTION III. BACKGROUND INFORMATION & PROJECT SUMMARY The purpose of the Parks Zone project is to update the city's land use regulations for public parks and recreational facilities. This update is necessary to address the inadequacies and inconsistencies of existing regulations, which can significantly increase permitting timetables and construction costs of both minor and major improvements to public parkland. These inadequacies are being amplified as the city attempts to implement its Parks System Master Plan.The city adopted its Park System Master Plan in 2009,which outlined the need to acquire park property and construct park improvements to preserve open spaces, enhance water quality and provide recreational opportunities. On November 2, 2010, Tigard voters passed a $17 million general obligation bond to fund the purchase of real property for parks and to fund a limited amount of park improvements within a set period of time. The vehicle for these administrative improvements would be the creation of a new parks zone and associated chapter within the Tigard Community Development Code (Chapter 18). Unlike other cities across Oregon,the City of Tigard lacks a dedicated zone for publicly owned and/or community recreation land uses. At present there is not a specific zone for parkland within the city, resulting in the city's parkland being subject to a patchwork of base zone regulations. Most of the city's zoning districts,including all residential districts, allow public parks as a conditional use. This process is appropriate for certain park improvements that can lead to neighborhood impacts, such as ballfields or event facilities. This same process can also be administratively burdensome and consuming for pocket parks and low-impact recreational improvements such as trails, small parking facilities, and restrooms. A new parks zone will allow the City to assign a more appropriate level of review based upon the potential impact to nearby residents and public facilities. To address these ongoing issues, City staff have developed draft development code amendments that would change how the city regulates publicly owned parkland.These amendments would result in a more efficient and nuanced approach than presently exist, providing greater flexibility to the city and enhanced protections to neighbors. As proposed,the new code language would result in the following: Y Amend the Tigard Development Code and Tigard Zoning Map as follows: o Text Amendments to Chapter 18.330 (Conditional Use Permit) to remove existing development standards for Community Recreation and Parks type uses. o Text Amendments to create Chapter 18.540 (Parks and Recreation Zone) to establish the purpose of the new zone,where it applies,use regulations,and development standards. o Map amendments to apply the new Parks and Recreation Zone to approximately 500 acres of city owned parkland and greenways. 'v Would be applied only to publicly owned properly. Private property would not be rezoned to public parkland, nor is it allowed to be under the corresponding text amendments that establish where the zone may be applied. v Would maintain all existing natural resource protections.A significant portion of the city's parkland and greenways contain steep slopes,wetlands, floodplain and other resources. No changes are proposed to sensitive lands inventories or regulations, and land use review will still occur when development is proposed within these areas. Y Would enable the City to more efficiently spend public tax revenue consistent with the Parks Master Plan and the Tigard Park Bond. Minor park improvements generally associated with "passive recreation" type uses with few off-site impacts would be exempt from land use review, provided they met all development standards and were not located in a sensitive lands area. Examples of these type of improvements include trails,playgrounds,and small structures less than 600 square feet in size. > Would still require a public hearing for potentially high-impact park improvements that may present compatibility issues with the neighborhood,such as ballfield lights or parking lots. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 Ili]8/201 3 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 0F9 411 s Would improve and expand upon existing development standards to ensure future park improvements ate compatible with adjacent residential development. This includes new setback requirements, buffering standards, and lighting limitations that vary by the type and size of facility being developed. For example, playgrounds and picnic shelters would be regulated differently than aquatic centers and ballfields for organized sports. v Update the code to better accommodate the types of park amenities desired by local residents. SECTION IV. APPLICABLE CRITERIA,FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Oregonian newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC,planning staff published a project website,mailed notice of the project to approximately 2,223 household residents, and posted notice of the project in all developed city parks. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development This goal seeks to provide adequate opportunities throughout the state fot a variety of economic activities vital to the health,welfare,and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10—Housing This goal seeks to provide for the housing needs of citizens of the state. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goal and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10.2 and associated Policies.This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. TIGARD PARKS ZONE PROJECT DIA'ELOPM1ra4T CODE.1MENDMENT DCA2013-00003 11/18/2013 PUBLIC hWARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 9 APPLICABLE PROVISIONS OF THE METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN METRO planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the regional land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Urban Growth Management Functional Plan, only certain standards within Title 12 apply. TITLE 12:PROTECTION OF RESIDENTIAL NEIGHBORHOODS 3.07.1210 Purpose and Intent Existing neighborhoods are essential to the success of the 2040 Growth Concept. The intent of Title 12 of the Urban Growth Management Functional Plan is to protect the region's residential neighborhoods. The purpose of Title 12 is to help implement the policy of the Regional Framework Plan to protect existing residential neighborhoods from air and water pollution, noise and crime and to provide adequate levels of public services. 3.07.1240 Access to Parks and Schools A. Each city and county shall,within two years following adoption by the Metro Council of a process and criteria for such standards, establish a level of service standard for parks and greenspaces that calls for a park facility within a specified distance of all residences. B. To make parks and greenspaces more accessible to residents of Inner and Outer Neighborhoods and all residents of the region, each city and county shall provide for access to parks and greenspaces by walking, biking and transit,where transit is available or planned. C. To make parks and schools more accessible to neighborhood residents, to reduce traffic,and to use land more efficiently, cities, counties, park providers and school districts shall, where appropriate, provide for shared use of school facilities for park purposes and of park facilities for school purposes. D. To make public schools mote accessible to neighborhood residents, cities, counties and school districts shall prioritize school sites that are near concentrations of population and are connected to those concentrations by safe and convenient walking, biking and, where transit is available or planned,transit facilities. FINDING: The proposed amendments would support implementation of the Metro Urban Growth Management Functional Plan by supporting access to parks and greenspaces. This support would result from the removal of the requirement for a conditional use permit fox trails and other low-impact parkland improvements, and providing more flexible development standards. Allowing placement of the Parks and Recreation Zone in any Comprehensive Plan land use designation will ensure access to concentrations of population. Proposed location and development standards encourage shared or integrated school and park facilities through reduced setbacks and allowing placement of the zone on land owned by other public agencies. As a result the proposed amendments meet these criterion. CONCLUSION! Based on the findings above, staff finds that the proposed code text amendment is consistent with the Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because the Development Code Amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. 'rIGARO PARKS ZONE PROJECT'DEVELOPMENT COD) ,\MENDMENT D(:,A2013-00003 11/18/2013 PUBLIC HEIRINC,STAFF REPORT TO'I']HE PI, WING COMMISSION PAGE 4 OI,9 • • FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Oregonian newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC,planning staff published a project website,mailed notice of the project to approximately 2,223 household residents, and posted notice of the project in all city parks. This policy is met. Comprehensive Plan Goal 2:Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text and map amendments were sent to affected agencies were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section VII of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is met. Policy 2.1.7: The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed Use; D. Industrial; E. Overlay districts where natural resource protections or special planning and regulatory tools are warranted;and F. Public Services FINDING: The proposed text and map amendments will implement the comprehensive plan by providing for a location, use regulations, and development standards for needed parkland and recreational facilities. This policy is satisfied. Policy 2.1.12: The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space; and E. Regulatory flexibility necessary for projects to adapt to site conditions. FINDING: The proposed text amendments will result in more robust land use standards for the development or improvement of parkland and greenspaces in a manner that is compatible with surrounding development and with sufficient flexibility to adapt to site conditions. This policy is satisfied. Policy 2.1.15: Policy 2.1.20: The City shall periodically review and, if necessary,update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. FINDING:The proposed amendments are in response to an increasing community need for more recreational 'rlG.1RD PARKS%ONE PROJECT DEVELOPMENT CODE,1M1 NDMi N'I DC.t2013-0000.3 11 f 18'2013 PUBLIC I-IE.IRING,Si'' ,1FF RP,POR"I'TO TI Ili PI,ANNIN(3 COMMISSION PAGE 5 OF 9 • • opportunities. The proposed use and development standards have been drafted to provide flexibility and adaptability to evolving recreational needs and varied site conditions.This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments will require all development within the Parks and Recreation Zone to conform to site design and development regulations, even when exempted from site development review or conditional use permit review. This policy is satisfied. Policy 2.1.23 The City shall requite new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed amendments include use regulations and development standards to ensure compatibility between future development within the Parks and Recreation Zone and adjacent development and public facilities. This policy is met. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability,and attractiveness. FINDING: The proposed amendments include design standards that will protect community livability b} promoting the development of community recreation within the City, and in a manner that is compatible with surrounding land uses and public facilities. This policy is met Comprehensive Plan Goal 8: Parks,Recreation,Trails and Open Space Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents,including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. FINDING: The proposed amendments provide a designated zone,use regulations,and development standards to support both active recreation and nature-oriented parks. This policy is satisfied. Policy 8.1.2 The City shall preserve and,where appropriate, acquire and improve natural areas located within a half mile of every Tigard resident to provide passive recreational opportunities. Policy 8.1.4 The City shall endeavor to develop neighborhood parks [or neighborhood park facilities within other parks, such as a linear park] located within a half mile of every resident to provide access to active and passive recreation opportunities for residents of all ages. FINDING: The proposed amendments provide a designated zone for public parks and recreation land uses that can be applied in all parts of the city. The applicable use regulations and development standards provide for both active and passive recreation. These policies are satisfied. Policy 8.1.5 The City shall develop other parks, including linear parks, special use facilities, urban plazas, skate parks, and pet areas, consistent with the descriptions and standards contained in the park system master plan. FINDING: The proposed text amendments provide use regulations and standards that are consistent with the City's park system master plan. This policy is satisfied. Policy 8.1.11 The City shall ensure that the community at large is adequately informed of recreation opportunities and programs; issues affecting park, open space, and recreation services; and volunteer opportunities. FINDING: As detailed in findings pertaining to Statewide Planning Goal 1, and comprehensive Plan Goal 1 and its associated policies, the community at large has been adequately informed of the proposed text amendments. This policy is satisfied. TIG.IRD PARKS ZONE PROJECT DInMOMENT CODE AMENDMENT DCA2013-00003 11/18/2013 P11111.IC I-IE.IRING,ST.1FF REPORT TO THE P1.1NN1NG COMMISSION P,1G1?G Of,9 • • Goal 8.2 Create a Citywide network of interconnected on-and off-road pedestrian and bicycle trails. Policy 8.2.1 The City shall create an interconnected regional and local system of on- and off-road trails and paths that link together neighborhoods, parks, open spaces, major urban activity centers, and regional recreational opportunities utilizing both public property and easements on private property. FINDING: The proposed amendments provide for more efficient development of off-street pedestrian and bicycle trails by removing the need for a conditional use permit. This policy is satisfied. Policy 8.2.2 The City shall design and build greenway trails and paths to minimize their impact on the environment,including on wildlife corridors and on rare, and state or federally listed species. FINDING: The proposed text amendments will still require all new development within the parks and recreation zone, including trails and paths, to comply with all other applicable requirements of the Tigard Development Code. Chapter 18.210 (General Administrative Provisions) requires all development within the City to be compliant with all applicable state and federal laws, including those pertaining to environmental regulation and protection. Chapter 18.775 (Sensitive Lands) will still require protection of specified environmental resources as part of any development within the parks and recreation zone. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. FINDING: Parks and recreational facilities are a recognized component of a prosperous and attractive city as they provide visual contrast and experiential relief from the built environment to residents, visitors and employees of the City. The proposed amendments will provide a location and standards for public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent uses. This goal is met. Policy 9.3.2 The City shall adopt land use regulations and standards to ensure a well-designed and attractive urban environment that supports/protects public and private sector investments. FINDING: Parks and recreational facilities are a recognized component of an attractive city as they provide visual contrast and experiential relief from the built environment. The proposed amendments will provide a location and standards for the development of public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent uses,both residential and commercial. This policy is met. Comprehensive Plan Goa110: Housing Goal 10.2 Maintain a high level of residential livability. FINDING: Parks and recreational facilities can contribute to a high level of residential livability, particularly when located near residential land uses. Whether designed for passive or active recreation,parks and grenways provide for visual contrast and experiential relief from the built environment The proposed amendments will provide a location and standards for public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent residential land uses. This goal is met. Policy 10.2.1: The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. FINDING: The proposed amendments create a zone for the placement of parks, greenspaces and recreation facilities in all residential neighborhoods. The presence of parks, greenspaces, and recreation facilities within a residential neighborhood will enhance their quality by providing centers for activity and both visual and experiential reef from the built environment. Use regulations and development standards are included in the amendments to ensure development within the parks and recreation zone is compatible with adjacent residential land uses and public facilities. This policy is met. Policy 10.2.8: The city shall require measures to mitigate the adverse impacts from differing, or more TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMF,N T' DCA2013-000D3 11!18/2013 PUBLIC HE tRING,ST.1PP REPORTTO THE PLANNING COMMISSION P_1GE 7 OF 9 intense,land uses on residential living environments,such as: A. Orderly transitions from one residential density to another; B. Protection of existing vegetation,natural resources and provision of open space areas;and C. Installation of landscaping and effective buffering and screening. FINDING: The proposed text amendments include use regulations and development standards to prevent or mitigate adverse impacts to adjacent uses. Development standards include setbacks, height restrictions, and off-site impact standards. All development within the Parks and Recreation zone will be subject to all other provisions of the Tigard Development Code, including landscaping and buffering standards (Chapter 18.745), Sensitive Lands (Chapter 18.775),and Urban Forestry (18.790). nits policy is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure,as governed by Section 18.390.060G. FINDING: The proposed text and map amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. This standard is met. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. 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 OrenOregon applicable METRO regulations; 4) Any applicable comprehensive plan policies;and 5)Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed code text and map amendments are consistent with the applicable Statewide Planning Goals, the Metro Urban Growth Management Functional Plan, applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. No federal or state statutes or regulations were found to be applicable. SECTION V. STAFF ANALYSIS Proposed code amendments are organized by Development Code chapter number in each attachment. Even- numbered pages contain commentary on the amendments, which are contained on the opposite (following) odd-numbered page.The commentary establishes,in part,the legislative intent in adopting these amendments. SECTION VI. OTHER ALTERNATIVES No Action — The code would remain unchanged. Conditional Use Permit review would continue to be required for all new parks, and for major modifications to existing parks. Improvements proposed within the park would also be subject to a patchwork of base zone regulations, providing inconsistent protection for adjacent residential land uses. TIGARD PARKS ZONE PROJECT'DEVIJA)PMENT CODE AMENDMENT DCA2013-00003 11/1B/2013 PUBLIC I IE.%RING,STAFF REPORT TO TI,E PLANNING COMMISSION PAGE 8 OF 9 • • SECTION VII. AGENCY COMMENTS City of Tigard Public, City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City,Washington County,METRO, ODOT, Oregon Department of Energy, DLCD, DEQ, ODFW, CWS, Portland Western and Southern Pacific Railroads, Beaverton School District,Tigard Tualatin School District,Tri-Met,Tigard Water District,Tualatin Hills Parks and Rec District,and TVF&R were notified of the proposed code text amendment but provided no comment. The Tigard Police Department was notified of the proposal and had no objections. The Bonneville Power Administration commented in a letter dated November 5, 2013 (Attachment 4). This letter states that the Bonneville Power Administration (BPA) has no objection to the proposal provided the high voltage transmission line rights-of-way and fee-corridor will not be adversely affected. Moreover, it requested the coordination of land uses within these corridors and prior review by BPA of all "underground utilities, fences, planting trees, parking, pools, trees, and construction", and applications submitted for all development within BPA's right of wa/. In response to this comment, language has been added to the proposed amendments in Attachment 1 tie will ensure coordination occurs. SECTION VIII. PUBLIC COMMENTS Comments were received from two members of the public in the form of two separate emails. The first was from Brian Wegener of the Tualatin Riverkeepers and dated October 31, 2013 (Attachment 5). In response to his comments, staff has included outdoor sales as a conditional use within the new zone, subject to restrictions. The remainder of the comments are already addressed in the sensitive lands chapter, or issues better addressed at the time of permit review. The second was from Allan Solares and dated November 6, 2013 (Attachment 6). In response to his letter staff has corrected internal inconsistencies in the code language and clarified language regarding outdoor sound systems, stages, and development standards when adjacent to a public school. No further changes are recommended by staff as these issues are already provided for in the draft language or are outside the scope of the project. ATTACHMENTS; Attachments: 1. Draft Text Amendments. 2. Draft Map Amendment 3. List of City-Owned properties affected by the amendments. 4. Letter from Department of Energy (November 5,2013) 5. Email from Brian Wegener of Tualatin Riverkeepers (October 31,2013) 6. Email from Allan Solares (November 6,2013) November 12,2013 D BY: John Floyd DATE Associate Planner November 12.2013 APPRO` D Y: Tom Mc uire DATE Assistant Community Development Director TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PUNNING COMMISSION PAGE 9 OF 9 • • Attachment"1" CITY OF TIGARD PARKS ZONE PROJECT PROPOSED DEVELOPMENT CODE AMENDMENTS DCA2013-00003 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd,Tigard,OR 97223 503-718-2429 / johnfl@tigard-or.gov • • Staff Commentary This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter(18.540) as set forth below. Proposed changes are indicated by the use of steiketliretiglie to indicate language to be removed. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 11,2013 2 • • Proposed Text Amendments CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose 1No change proposed; 18.330.020 Approval Process INo change proposed. 18.330.030 Approval Standards and Conditions of Approval /No change proposed.? 18.330.040 Additional Submission Requirements /No change proposed.] 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: .r.—Ct h l,hs a tcrcaeo rs.,d Parka. __tile park ing spae s ar — ed fee a dog p _k _ rr i h t r a onalparking. 1IGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 3 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments included on the opposite page include the purpose of the zone,its short name for use on the zoning map,and where the zone is applied. Language proposed in 18.540.050 (Where the Zone is Applied)reflects the intended purpose of the zone,namely acknowledgement that the land is in public ownership and intended for development of parks and other community recreation facilities,and is not intended as a general open space zone to be applied to public and private property. As proposed,the zone is not intended or allowed on privately owned property. TIGARD PARKS'ZONE PROJECT PLANNING COMMISSION DR4FT—November 12,2013 4 • • Proposed Text Amendments CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18 540.040 Other Zoning Regulations 18,540.050 Use Regulations 18.549.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including: A. Provid' g opportunities for both active and passive recreational facilities to meet neighborhood, community and regional needs; S. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity,improve public health,and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics,program needs,and external regulatory requirements;and G. Allowing for the efficient implementation of plans and improvements to parks.recreational facilities and open areas with appropriate reviews where compatibility issues may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks,open space and recreational facilities and may b&anplied within all Comprehensive Plat_Designations. City owned parks.open space.and recreational facilities located in a plan district may retain or receive other than a Parks &Recreation Zone designation if it better furthers the goals of the plan district. In addition,other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. TIGARD PARKS ZONE PROJECT PL4NNJNG COMMISSION DRAFT—November 12,2013 5 ! • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone, and is consistent with the stated purpose set forth in sections 18.540.010. 77GARD PARKS ZONE PROJECT PL4NN7NC COMMISSION DR4FT—November 12,2013 6 • • Proposed Text Amendments 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,inventoried hazards,and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this tide. 18.540.050 Use Regulations A. Types of uses. For the purposes of this chapter.there are three types 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. 2. A conditional use (C) 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 18.330 (Conditional Use). 3. A prohibited (N) use is one that is not permitted in a zoning district under any circumstances. B. Use table.A list of permitted,conditional and prohibited uses in the Parks &Recreation Zone is presented in Table 18.540.1. TABLE 18.540.1 USE TABLE: PARKS&RECREATION ZONE Land Use CategQt, Use Ty RESIDENTIAL — Household Living N Group Living N Transitional Housing N Home Occupation _ N CIVIC Basic Utilities _ — Colleges N Community Recreation P/C' Cultural Institutions Day Care N Emergency Services N Medical Centers Postal Service N_ Religious Institutions N Schools Social/Fraternal Clubs/Lode N TIGARD PARKS ZONE PROJECT PL4NNING COMMISSION DRAFT—Nov tuber 12,2013 7 • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.010. While the zone is intended primarily for community recreation land uses,outdoor sales and eating and drinking establishments are proposed as conditional land uses with restrictions,in order to allow limited concessions within a city park. This would include things like food and beverages and recreational equipment rentals, TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DR41-'J —November 12,2013 8 • • Proposed Text Amendments COMMERCIAL Commercial Lodging N Custom Arts and Crafts N Eating and Drinking Establishments _ C' Major Event Entertainment i C Outdoor Entertainment N Indoor Entertainment N Adult Entertainment N Sales-Oriented C; Personal Services N Repair-Oriented N Bulk Sales N Outdoor Sales C3 Animal-Related N Motor Vehicle Sales/Rental N_ Motor Vehicle Servirin Re.air N Vehicle Fuel Sales N Office C' Self-Service Storage N Non-Accessory Parking N INDUSTRIAL Industrial Services N Light Industrial N General Industrial Heavy Industrial N Railroad Yards N Research and Development N Warehouse/Freight Movement N Waste-Related N Wholesale Sales NT OTHER Agriculture /Horticulture C' Cemeteries N_ Detention Facilities Nl Heliports N Mining N Wireless Communication Facilities P/C' Rail Lines / Utility Corridors C P=Permitted C=Conditional Use N=Not Permitted TIGARD PARKS ZONE PROJECT PLANNING COMAIISSION DRAT—November 12,2013 9 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The text amendments on this page constitute one of the biggest changes from existing regulations. In contrast to present regulations where community recreation is a conditional use in almost all zones, the proposed amendments would exempt a series of dear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities"and by themselves do not have a high likelihood of creating off-site impacts. The size threshold for small structures (600 square feet) was chosen as it is approximately the same size limit as that applied to accessory structures on residentially zoned lots (528 square feet). These structures would be required to adhere to stricter setbacks than residential accessory structures, when adjoining a residentially zoned lot (see proposed development standards in 18.540.060 below). According to the Parks Department, most small structures are under 500 square feet in size. The code proposes 600 square feet to provide flexibility in future park programming. A picnic area designed to accommodate groups of less than 25 would be defined as open area with either a hard or soft surface pad that accommodates up to two or maybe three picnic tables — depending on size. TIG.4RD PARKS ZONE PROJECT PLANNING COMIIIJSSION DRAFT—November 12,2013 10 • • Proposed Text Amendments [11 See Subsection 18.540.050.C-D for use type determination. [21 Restricted to activities and facilities focused on environmental education. [3] Permitted only when accessory to a Community Recreation land use. 14] See Chapter 18.798.Wireless Communication Facilities. C. Development Permitted Outright. When associated with a Community Recreation land use, the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply. 1. Park furnishings such as play equipmentpicnic tables,benches,bicycle racks,public art trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street,multi-use trails. 4. Structures up to 600 square feet in size,and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields,courts,arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. 77GARD PARKS ZONE PROJECT PLANNING ING CalMb17SSION DRAFT—November 12,2013 11 • 4111 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments on the opposite page establish development types subject to Conditional Use Permit review. These types can be generally described as more "active recreational facilities" which are likely to generate off-site impacts and require additional review on a site-by-site basis. In response to a comment letter from the Bonneville Power Administration,development within a high voltage transmission line right-of-way has been made a conditional use to ensure they are notified of the proposed development and have an opportunity to comment. • TIG., RD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 12 • • Proposed Text Amendments p. Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval,as set forth in Chapter 18.330 Conditional uses. 1. Pools rid aquatic centers, both indoor and outdoor. 2. Community and Senior Centers providing a focus for recreational,social,education and cultural activities. These may include gymnasiums,indoor tracks and fitness areas.meetnig rooms,office and kitchen space and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5. Off-street parking areas. 6. Recreational fields,courts,arenas and associated structures for organized sports and competitions. 7. Stages and Amphitheaters. 8. Dog parks. 9. Community gardens in excess 5.000 square feet. 10. Structures in excess of 600 square feet.and/or mote than 15 feet high. 11. Outdoor amplified sound systems. 12. Illuminated athletic fields,courts,and other outdoor recreational facilities intended to be used after sunset. 13. Camping.unless associated with an approved temporary or seasonal event as set forth in 18.785 Temporary Uses. 14. Golf courses,including club houses and driving ranges. 15. Development within a high voltage transmission line right of way. TIGARD PARKS ZONE PROJECT PLANNING COMiMISSION DRAFT—November 12,2013 13 411 • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The proposed text amendments on this page establish new development standards for the Parks and Recreation Zone. At present,development within parks is subject to a uniform 30 foot setback for all structures,and a variety of base zone regulations for things like lot size,width,coverage,height limits,and so forth. The new standards are intended to provide greater flexibility in park programming, while providing enhanced setbacks for certain development types adjacent to residential zones. For example,small shelters may be built closer to adjoining residential development than currently permitted,while bathrooms and illuminated playgrounds must adhere to stricter setbacks than currently required. TIG 9RD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 14 Proposed Text Amendments 18.540.060 Development Standards Development within the zone must comply with the following development standards,except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None. C. Maximum Structure Height. None,except structures within 100'of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None,except where abutting a residential zone. in such cases structures must be setback a minimum distance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining_residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools,skate parks,basketball courts, soccer fields,and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330. F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones.Where a bathroom or concession stand abuts a school use on a residentially zoned property.the setback is reduced to zero. TIC'RD PARKS ZONE PROJECT PL4NNING COMMISSION DRAFT—November 12,2013 15 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Parking requirements for dog parks were transferred unchanged from existing CUP approval criteria,with the exception of dog parks less than '/s acre in size. TIGARD PARKS ZONE PROJECT PL/INNING COMMISSION DRAFT"—November 12,2013 16 • Proposed Text Amendments G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking&Loading Requirements) with the following exceptions: 1. Minimum parking requirements shall only apply to conditional useLin this zone. Outright permitted uses are exempt from minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces,and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one-acre shall provide a minimum of three off-street parking spaces,and a parking plan for anticipated peak use periods. • c. Doe parks or off-leash areas with a fenced area of less than one-half acre are exempt from minimum parking requirements. H. Signs. Signs in the Parks&Recreation Zone shall comply with the regulations applicable to non-residential land uses in residential zones—as set forth in Subsections 18.780.130.A and B of this Title. I. Lights&Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 OEnvironmental Performance Standards). In addition,glare sources shall be hooded,shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles,as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT-November 12,2013 17 Attachment"3" Parks Zone Project DCA2013-00003 Affected City Owned Properties Existing NAME ACRES TYPE CATEGORY Zoning MORLAN PLUMBING GREENWAY-99W 0.29 G Natural C-G BONITA PARK 5.58 P Improved I-L POTSO DOG PARK 1.81 P Special Use I-L KNEZ WETLAND-HWY 217 0.79 G Natural I-L BROWN PROPERTY(METRO) 12.09 G Natural I-L GREENBURG RD 0.11 G Natural MUC COMMERCIAL PARK 0.73 P Improved MU-CBD JIM GRIFFITH MEMORIAL SKATE PARK 0.45 P Special Use MU-CBD MAIN ST PARK 0.33 P Improved MU-CBD LIBERTY PARK 0.28 P Improved MU-CBD FANNO CREEK HOUSE 1.60 G Future MU-CBD ASH AVENUE DOG PARK 0.35 P Special Use MU-CBD FANNO CREEK PARK 29.66 P Improved MU-CBD NORTHVIEW PARK 3.50 P Improved R-12 COLONY CREEK GREENWAY-WALL ST 9.80 G Natural R-12 FANNO CREEK GREENWAY-TIGARD ST 4.40 G Natural R-12 GRANT AVEGREENWAY-GRANTAVE 0.95 G Natural R-12 RIVERVIEW ESTATES GREENWAY-BONANZA WY 3.35 G Natural R-12 SHADY LANE GREENWAY-SHADY LN 1.97 G Natural R-12 FANNO CREEK DR NORTH OF BONITA 0.10 G Natural R-12 GRANT AVE GREENWAY-GRANT AVE 1.07 G Natural R-12 BAGAN PROPERTY 2.90 P Future R-12 DOVER GREENWAY-DOVER CT 1.64 G Natural R-2 WINTER LAKE GREENWAY-135TH AVE 8.88 G Natural R-25 CLUTE 1.36 G Natural R-25 135TH AVE 0.23 G Natural R-25 WILLOWBROOK FARM 0.16 G Natural R-25 FIELDS PROPERTY 25.60 P Future R-25 EAST BUTTE HERITAGE PARK 2.62 P Natural R-3.5 121 TURNAROUND 0.13 G Natural R-3.5 COOK PARK 75.01 P Improved R-4.5 SENN PARK 0.25 P Future R-4.5 SUMMER LAKE PARK 29.83 P Improved R-4.5 WINDMILL PARK 0.13 P Natural R-4.5 WOODARD PARK 10.29 P Improved R-4.5 BERKELY/COPPER GREENWAY-RIVERWOOD LN 5.27 G Natural R-4.5 BLACK BULL GREENWAY-IRONWOOD LOOP 2.91 G Natural R-4.5 BROOKWAY GREENWAY-124TH &ANN CT 2.25 G Natural R-4.5 • • Attachment"3" GAARDE ST GREENWAY-GAARDE ST 12.45 G Natural R-4.5 GENESIS GREENWAY-GENESIS LOOP 3.24 G Natural R-4.5 GENTLE WOODS GREENWAY-76TH AVE 1.27 G Natural R-4.5 HUNTERS GLEN GREENWAY-115TH AVE 2.57 G Natural R-4.5 JACK PARK GREENWAY-124TH&ANN CT 2.39 G Natural R-4.5 MARY WOODWARD GREENWAY-121ST AVE 7.35 G Natural R-4.5 MEADOWGLADE GREENWAY-113TH PL 4.88 G Natural R-4.5 MORNINGSTAR GREENWAY-BENCHVIEW TER 8.37 G Natural R-4.5 NOVARE GREENWAY-NOVARE PL 1.76 G Natural R-4.5 PATHFINDER GREENWAY-PATHFINDER WY 1.93 G Natural R-4.5 PICK'S LANDING GREENWAY-RIVERWOOD LN 5.77 G Natural R-4.5 REBECCA GREENWAY-CHATEAU LN 1.19 G Natural R-4.5 SCHECKLAGREENWAY-SCHECKLADR 1.40 G Natural R-4.5 SUMMER CREEK GREENWAY-121ST AVE 4.80 G Natural R-4.5 SUMMER HILLS GREENWAY-WINTER LAKE DR 3.41 G Natural R-4.5 TERRACE TRAILS GREENWAY-TERRACE TRAILS DR 2.80 G Natural R-4.5 TUALATIN DRIVE GREENWAY-TUALATIN DR 1.98 G Natural R-4.5 VENTURA ESTATES GREENWAY-74TH AVE 4.45 G Natural R-4.5 YOLO ESTATES GREENWAY-WALNUT ST 2.36 G Natural R-4.5 TIPPIT PLACE WETLANDS 0.61 G Natural R-4.5 ENGLEWOOD PARK WEST 8.95 P Improved R-4.5 ENGLEWOOD PARK EAST 6.06 P Improved R-4.5 CLYDESDALE 0.32 G Natural R-4.5 Community 132ND AVE COMMUNITY GARDEN 0.17 G Garden R-4.5 CREEKSIDE PARK 0.79 G Natural R-4.5 JACK PARK 7.23 P Improved R-4.5 TIEDEMAN TRIANGLE 0.54 G Natural R-4.5 DIRKSEN NATURE PARK 48.04 P Future R-4.5 DARRY DELL PROPERTY 5.54 G Natural R-4.5 0.00 R-4.5 0.00 R-4.5 ELIZABETH PRICE PARK 2.55 P Improved R-7 BONITA GREENWAY-BONITA RD 2.80 G Natural R-7 BROWN CREEK GREENWAY -80TH CT 2.36 G Natural R-7 COLONY CREEK GREENWAY-FANNO CREEK LOOP 1.49 G Natural R-7 HILLSHIRE WOODS EAST GREENWAY-ASCENSION DR 17.61 G Natural R-7 HILLSHIRE WOODS WEST GREENWAY-ASCENSION DR 16.96 G Natural R-7 RENAISSANCE WOODS GREENWAY-76TH AVE 5.25 G Natural R-7 TERRAVIEW GREENWAY-TERRAVIEW DR 1.57 G Natural R-7 TURNAGAIN GREENWAY-TURNAGAIN DR 0.93 G Natural R-7 • • . Attachment"3" CACH NATURE PARK 19.51 P Future R-7 SUNRISE PROPERTY 19.43 P Future R-7 HILLSHIRE ADDITION 1.55 G Natural R-7 STARVIEW TRAIL 0.71 G Natural R-7 GREENFIELD DR. 0.64 G Natural R-7 COLONY CREEK TRAIL END 0.18 G Open Space R-7 FINLEY PARK GREENWAY 0.38 G Natural R-7 TUALITIN RIVER PROPERTY 2.69 G Natural EAST BULL MOUNTAIN PROPERTIES 10.20 G Future ATTACHMENT 4 Department of Energy • • Bonneville Power Administration 1 PO Box 3621 Portland, OR 97208-3621 November 5,2013 In reply refer to: TERR/3 Tract No.V-E-23-A-120 Your reference: SP-13-03 Sherwood Industrial Park Phase Il 14816 SW Century Dr, Sherwood OR City of Sherwood Planning Michelle Miller, Sr. Planner Dear Mr.Floyd: Reference is made to your Notice for Tigard Parks Zone Project Development Code Amendment. Bonneville Power Administration(BPA)has no objection to this proposed. Development Code Amendment as long as the high voltage transmission line rights-of- way and fee-corridor will not be adversely affected. Note that BPA imposes certain restrictions and/or prohibitions on the use of property encumbered by our transmission line rights-of-way. BPA's typical easement prohibits structures within the right-of-way. The coordination of such land uses as underground utilities, fences,planting trees,parking,pools,trees,and construction should all be reviewed by BPA prior to such use. Applications must be submitted to BPA for any use proposed within BPA's rights-of-way. You may direct any communication to this office,Bonneville Power Administration, 503-230-7325,or by reaching me at 503-230-5500, or email at jcgoodrich@bpa.gov for information on the BPA Right-of-Way Use application process. Thank you for the opportunity to comment on this proposal. Sincerely, Julie C. Goodrich Right of Way Agent, Real Property Field Services David Evans&Associates,Contractor to Bonneville Power Administration Enclosure: Landowner's Guide ATTACHMENT 5 John Floyd From: Brian<brian@tualatinriverkeepers.org> Sent: Thursday, October 31, 2013 12:02 PM To: John Floyd Cc: Steve Martin; Paul H. Whitney Subject: Re: Parks Zone Project John, Thanks for sharing. I see a few uses that you might want to change. 1. Outdoor Entertainment is listed as"N", prohibited under any condition. I looked up the definition Characteristics: Outdoor entertainment consists of for-profit facilities providing active recreational uses primarily in an out-of-doors setting.),and suggest that the city may want to allow for-profit vendors to provide active recreational services at times(carnival rides at the balloon festival,equipment rentals). I would suggest that the city might want to allow Outdoor Entertainment conditionally. 2. Fences are listed as being permitted outright as long as they comply with development standards. I assume development standards prohibit fences in floodways. I think there may be a need to put conditions on fences that might impede wildlife migration in natural areas. I don't know if development standards address that. 3. Are there different development standards for passive recreation areas and active recreation areas? Clarification might be necessary to prevent conflicts between natural areas and active recreation facilities. Thanks for the opportunity to comment. Brian Wegener, Riverkeeper Advocacy&Communications Manager Tualatin Riverkeepers 11675 5W Hazelbrook Road Tualatin, OR 97062 503-486-5850 www.tualatinriverkeepers.org \On 10/31/2013 11:20 AM,John Floyd wrote: Hi Brian, So you're aware,the city is working on code amendments to change how we conduct land use reviews for public parks. I'm including a link to the project website,which includes a draft of the code amendments. You'll be receiving a public notice In the mail, but also wanted to reach out to you given your organizations interests and role. www.tigard-or.gov/pzp So it's clear,the project does not affect any of our goal 5 regulations. The idea is assign an appropriate level of review to the improvement being applied,in hopes of bringing more efficiency to the development of both passive and active recreation opportunities here in Tigard. For example, minor 1 improvements like benches and small shelters would no longer require a conditional use permit, but would still be subject to all of our sensitive lands regulations for things like floodplains,wetlands,and the like. Regards, John r 3.ir j DISCLAIMER: E mails sent or received by City of Tigard employees are subject to pubic record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure Linder Oregon PutAic Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules'City General Records Retention Schedule.' Brian Wegener, Riverkeeper Advocacy& Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-486-5850 www.tualatinriverkeepers.org Advocacy&Communications Manager Tualatin Riverkeepers 503-218-2580 www.tualatinriverkeepers.org 2 • • ATTACHMENT 6 John Floyd From: Allan Solares<solaresam@aol.com> Sent: Wednesday, November 06,2013 8:47 PM To: John Floyd Cc: solaresam@aol corn Subject: Parks Zone Project Proposed Code Amendments The proposed amendments are very thoughtful and useful. Here are some suggestions to try to improve their clarity,applicability or effects. Feel free to call or email to discuss. 18.540.050 C. 4, allows structures up to 600 sq ft.. This conflicts with D. 10. which requires conditional use permit for structures in excess of 500 sq ft. C. Add use for- "nonamplified and acoustic music at less than##decibels". Add use for-Informational and educational signage. Add use for- Nature preserves (or similar purpose) Add use for-Camping associated with an approved temporary or seasonal event,.. (see related section in D. 13.) D.2. Move..."...gymnasiums, indoor tracks and fitness areas"to#6 which is more closely related. b.2. Don't narrow the term "Centers" with "Community and Senior" since there ore many other types of centers for example Tryon Creek's conservation center. Just say "Centers..." D.7. Add - ...add "and stages" to Ampitheaters. C.7. and D.9. Increase threshold for size of community garden that is permitted outright (and conversly that requires conditional use)from 5000 square feet to 10,000 square feet. This is only about half the size of a football field, or a quarter acre. Heck you're allowing dog parks of an acre or more. D. 11. Clarify and narrow the definition of"Amplified sound systems" to focus on sound systems used outdoors, and/or above a certain decibel threshold. 18.50.060 E. "Where the outdoor facilty abuts a school use..." --This does not take into account a location where the facility both abuts a school use and on another side abuts a residential zone. I. Require 'dark sky' lighting. Thanks for your consideration. Allan Solares Owner of Fenno Creek Village Apartments 13816 SW Fenno Creek Dr. 503-624-9601 solaresam@aol.com i MEETING RECORDS • • 1111 City of Tigard Memorandum r G A R D _Memorandum To: Mayor John Cook&Tigard City Council From: John Floyd, Associate Planner Re: Parks Zone Project (DCA2013-00003) Date: January 28, 2014 On January 28, 2014 a comment letter was received from Sue Bielke, a board member of Fans of Fanno Creek. Her comments are attached for your review. In sum, the letter expresses concern for the possible impacts to wildlife as a result of the proposed code amendments, and requests the proposed chapter be renamed and refocused to explicitly include natural resource protection. As discussed in the record, the Planning Commission recommendation does not amend, remove, or supersede Tigard's existing natural resource regulations. All existing protections will remain applicable to future development within the Parks and Recreation Zone. The letter also references two Comprehensive Plan policies pertaining to Parks, Recreation, and Open Space. As discussed below, staff does not find anything in the proposed amendments that is in conflict with these two policies. ➢ Policy 8.1.6— "The City shall acquire and manage some open spaces to solely provide protection of natural resources and other open spaces to additionally provide nature- oriented outdoor recreation and trail-related activities." Staff Response: This policy pertains to overall programming and master planning for the Tigard parks system as a whole. The proposal before Council pertains to site level development, and does not preclude or inhibit implementation of this policy. This policy is met. ➢ Policy 8.1.17 —"The City shall maintain and manage its parks and open space resources in ways that preserve, protect, and restore Tigard's natural resources, including rare, or state and federally listed species, and provide "Nature in the City" opportunities. 1 of 2 Staff Response: The proposed amendments pertain to how development may occur, but is not prescriptive in how individual parks are managed for natural resources. Moreover, all existing natural resource protections required by local, regional, state and federal regulations will remain unaffected. This policy is met. 2 of 2 John Floyd From: Sue Beilke <sbeilke@europa.com> Sent: Tuesday, January 28, 2014 11:14 AM To: John Floyd Cc: Glenna Thompson; drescher@teleport.com; Linda Anzellotti; Ralph Anzellotti Subject: New zone for Parks, Recreation and Open space Attachments: 1.28.14.pdf John, Attached are comments from the Fans of Fanno Creek on the city's proposed new zone for parks and recreation. As we have commented previously, Fans and its members would like to see "Natural Areas"added to this zone as we have many natural areas we want FULLY protected and DO NOT want to see developed, in order to protect fish, wildlife and habitats. We were extremely disappointed to find out the city has been working on this for almost one year, and never at any time did you or anyone else contact us to get our input and feedback on this important matter. That is not how a democracy should work. And if this continues we will have to conclude we do not live in a democratic and fair city, rather, we live in a city that shuts out its citizens and does not want our input on land that WE OWN. Many of us have lived here now for over 20 years and we have seen a gradual yet continuing effort by city hall to shut us out of the process of planning, etc. That is very bad for the welfare of citizens and the city overall and cannot continue. Sue Board member, Fans of Fanno Creek 1 January 28, 2014 Tigard City Council 13125 SW Hall Blvd.,Tigard,Oregon 97223 RE: Development Code Amendment(DCA) 2013-00003 As a board member for Fans of Fanno Creek, I am writing about the proposed changes to the above referenced development code. Fans is a local non-profit organization that advocates for the protection and conservation of our natural resources in the Fanno Creek basin. We have hundreds of members in the basin including in Tigard,who work hard to protect and conserve our fish,wildlife and habitats by helping with our restoration efforts but also by simply being good stewards of the land they live on. Our comments are as follows: Regarding the proposed legislative amendments to the Tigard Development Code and Zoning Map to amend Chapter 18.330 (Conditional Use)and adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone)and amend the Zoning Map to include the new zone. • Parks, Recreation and Natural Areas Zone-While we support the general idea of a new zone,we recommend that this new zone be titled, "Parks,Recreation and Natural Areas(Open Space)"Zone. This way,the greenways/open space in Tigard stand alone as they should and it signifies the importance of these areas. It also should afford more protection for these areas. For many years, I and other Tigard residents have suggested and asked city staff for this change in the wording in many documents. o The main page states"this project would result in a more efficient and nuanced approach than presently exists". It may be more efficient for development but it certainly IS NOT more efficient in the manner in which natural resources are protected and conserved. It treats parks and open spaces the same, when in reality they should not be treated the same but are quite different in what they contain, what their purpose is, what wildlife they support, what habitats they contain, etc. This needs to addressed in a separate, NEW section on Open Space/Natural Areas if there is to be a new Zone, and citizens such as myself need to be the ones determining how this will be developed. We have a number of recommendations that we are working on and we recommend a committee be developed with our group, Tualatin Riverkeepers and other natural resource stakeholders as the main members who would develop the new section, standards, etc. for Open Space/Natural Areas. • Removal of existing development standards from Conditional Use Chapter—Under this proposal a new chapter would be created with new approval processes,criteria, etc. We DO NOT SUPPORT THIS PROPOSAL for a number of reasons. o First, it would eliminate the ability of citizens who own these lands to adequately comment on and weigh in on what development could happen on these lands. If Tigard wants to take away our right to determine how these lands are protected, developed, etc. this is the way to do it and we won't stand for it! o Second, when reviewing the specific changes we see that under the new proposed "18.540.505 C. Development Permitted Outright",development such as off- street trails and structures up to 600 sq ft would be permitted outright. This is simply NOT acceptable and we do NOT support this new code section since for one, trails can fragment wildlife habitat and have negative impacts to habitat and wildlife, especially in areas that may have State listed species such as Western Pond Turtles and Migratory Songbirds. With no public input here, we Western Pond Turtles and Migratroy Songbirds. Under this new scenario, citizens would have no voice in how, when and where these trails and other structures, etc. would be built and we would have no assurance that impacts would be minimized. Under the current Conditional Use Permit, impacts to natural resources have to be addressed and we support this since it includes public input and gives greater assurance that the city of Tigard has at least to some degree, analyzed how any potential development in a park or natural area may impact wetlands, vegetated corridors, forests, etc. • 18.540.060 Development Standards—These new proposed standards are so broad and general it is difficult to understand how they would affect natural resources and how they could be implemented. For example, "A and B"state no minimum lot size and width,for what?And where? There is also no maximum structure height under C; does that mean the city could build a 100 ft cell tower in a park?? "D and E" address setbacks but do not include setbacks from creeks,wetlands,steep slopes, sensitive wildlife habitat, etc. and they must. "E"gives a minimum setback of 50 ft from residential zones,so does this mean a bathroom and concession stand could be built right next to wildlife habitat or a wetland edge? Or where turtles nest77??? Again,without the ability of the public to adequately comment and address these issues and standards on OUR land, it impossible for us to be informed and have a say on how our lands are protected,developed (or not),etc. and the city is actually DENYING citizens their RIGHT to engage in and participate in a fair and impartial hearing as would be the case if the Conditional Use Permit standards,etc. under Chapter 18.330 were not amended. We DO NOT support the suggested changes to the Chapter 18.330 as they currently are written. • "Low-impacts,etc. -The city's website and main page to this project state that this new zone "streamlines approval of low-impact and minor park improvements,such as playgrounds and small picnic shelters." So here the big question is-WHO DETERMINED THAT THESE DEVELOPMENTS ARE LOW-IMPACT77777 That is for citizens to decide since we OWN these lands in question and we have the right to determine if and when any changes will be made to these areas, regardless of what that change may be. Playgrounds and picnic shelters can have a huge, negative impact to wildlife and habitat if they are not sited correctly and away from wildlife and habitats. Trails are never"low-impact"if they are placed in an open space/natural area or near a natural area since they increase the amount of human disturbance to an area, bring in dogs,fragment existing wildlife habitat,etc. In fact, when the Tigard was planning the Fanno Creek Trail north of the library,the city of Tigard admitted in their comments to the Hearings Officer that this trail would negatively impact wildlife, including the western pond turtles that inhabitat that area. Allowing trails without public comment should not be approved under ANY circumstances. • Comprehensive Plan — I was on the committee that revised the Parks, Recreation and Open Space section of our Comprehensive Plan (CP)which had high citizen support and resulted in the following language; Policy 6—The City shall acquire and manage some open spaces to solely provide protection of natural resources....",and Policy 17—"The city shall maintain and manage its parks and open space resources in ways that preserve, protect and restore Tigard's natural resources, including rare, or state and federal listed species ". These two policies had wide citizen support and were adopted by the city. We do not believe that the proposed code amendment would carry out these policies but rather would go against these policies by creating potential harm to our natural resources through development of trails, structures, etc. in areas not suitable for such development, especially in areas where listed or rare species such as Turtles occur. Without full citizen oversight, including the ability to comment and have input on any type of development,the CP and these policies will not be implemented. This rewriting of the CP by citizens is an example of how important and serious citizens of Tigard take the protection and conservation of our natural resources for both current and future generations. And this directly relates to the subject we are discussing here, mainly what to allow or not allow for development in our parks and open spaces,and who gets to decided what to allow or not allow? That should be up to the citizens that own this public land. Natural Resources Section of CP—I was also on the committee to rewrite this section of the CP. Policy 4 of this section states that "The city shall actively coordinate and consult with landowners, local stakeholders,and government jurisdictions and agencies regarding the inventory, protection and restoration of natural resources". The proposed amendment changes would circumvent the purpose of this policy by not allowing citizens to "actively" participate in how natural resources are protected when development in parks and open spaces is proposed. It is crucial that citizens retain this right to protect and preserve our natural resources for us and future generations. • • In conclusion,we would support the following: • Establish a new zone and call it: Parks, Recreation and Natural Areas Zone, but only if the following occurs: • Establish a natural resources committee made up of local natural resource stakeholders including Fans of Fanno Creek,that would develop a "Natural Resource"section of this new zone and what is allowed or not allowed in parks and natural areas(if parks have natural areas in them). • All developments would be subject to public comment/oversight via the current Conditional Use Permit process. Doing the above would help to ensure citizens are not denied their right to have a voice in what occurs on public lands, including what types of development, not matter what it is, is done correctly and in such a manner that it does not harm wildlife or habitats, but rather is done in such a manner to protect and conserve our remaining natural resources. Thank you for your consideration in this matter. Sincerely, Sue Beilke Board member, Fans of Fanno Creek • • January 28, 2014 Tigard City Council 13125 SW Hall Blvd.,Tigard, Oregon 97223 RE: Development Code Amendment (DCA) 2013-00003 As a board member for Fans of Fanno Creek, I am writing about the proposed changes to the above referenced development code. Fans is a local non-profit organization that advocates for the protection and conservation of our natural resources in the Fanno Creek basin. We have hundreds of members in the basin including in Tigard,who work hard to protect and conserve our fish,wildlife and habitats by helping with our restoration efforts but also by simply being good stewards of the land they live on. Our comments are as follows: Regarding the proposed legislative amendments to the Tigard Development Code and Zoning Map to amend Chapter 18.330 (Conditional Use) and adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone) and amend the Zoning Map to include the new zone. • Parks, Recreation and Natural Areas Zone -While we support the general idea of a new zone,we recommend that this new zone be titled,"Parks, Recreation and Natural Areas (Open Space)" Zone. This way, the greenways/open space in Tigard stand alone as they should and it signifies the importance of these areas. It also should afford more protection for these areas. For many years, I and other Tigard residents have suggested and asked city staff for this change in the wording in many documents. o The main page states "this project would result in a more efficient and nuanced approach than presently exists". It may be more efficient for development but it certainly IS NOT more efficient in the manner in which natural resources are protected and conserved. It treats parks and open spaces the same, when in reality they should not be treated the same but are quite different in what they contain, what their purpose is, what wildlife they support, what habitats they contain, etc. This needs to addressed in a separate, NEW section on Open Space/Natural Areas if there is to be a new Zone, and citizens such as myself need to be the ones determining how this will be developed. We have a number of recommendations that we are working on and we recommend a committee be developed with our group, Tualatin Riverkeepers and other natural resource stakeholders as the main members who would develop the new section, standards, etc. for Open Space/Natural Areas. • Removal of existing development standards from Conditional Use Chapter—Under this proposal a new chapter would be created with new approval processes,criteria, etc. We DO NOT SUPPORT THIS PROPOSAL for a number of reasons. o First, it would eliminate the ability of citizens who own these lands to adequately comment on and weigh in on what development could happen on these lands. If Tigard wants to take away our right to determine how these lands are protected, developed, etc.this is the way to do it and we won't stand for it! o Second,when reviewing the specific changes we see that under the new proposed "18.540.505 C. Development Permitted Outright", development such as off- street trails and structures up to 600 sq ft would be permitted outright. This is simply NOT acceptable and we do NOT support this new code section since for one, trails can fragment wildlife habitat and have negative impacts to habitat and wildlife, especially in areas that may have State listed species such as Western Pond Turtles and Migratory Songbirds. With no public input here, we Western Pond Turtles and Migratroy Songbirds. Under this new scenario, citizens would have no voice in how, when and where these trails and other structures, etc. would be built and we would have no assurance that impacts would be minimized. Under the current Conditional Use Permit, impacts to natural resources have to be addressed and we support this since it includes public input and gives greater assurance that the city of Tigard has at least to some degree, analyzed how any potential development in a park or natural area may impact wetlands, vegetated corridors, forests, etc. • 18.540.060 Development Standards—These new proposed standards are so broad and general it is difficult to understand how they would affect natural resources and how they could be implemented. For example, "A and B"state no minimum lot size and width,for what?And where? There is also no maximum structure height under C; does that mean the city could build a 100 ft cell tower in a park?? "D and E" address setbacks but do not include setbacks from creeks, wetlands, steep slopes, sensitive wildlife habitat, etc. and they must. "E"gives a minimum setback of 50 ft from residential zones,so does this mean a bathroom and concession stand could be built right next to wildlife habitat or a wetland edge? Or where turtles nest????? Again,without the ability of the public to adequately comment and address these issues and standards on OUR land, it impossible for us to be informed and have a say on how our lands are protected, developed (or not), etc. and the city is actually DENYING citizens their RIGHT to engage in and participate in a fair and impartial hearing as would be the case if the Conditional Use Permit standards,etc. under Chapter 18.330 were not amended. We DO NOT support the suggested changes to the Chapter 18.330 as they currently are written. • • • "Low-impacts, etc. -The city's website and main page to this project state that this new zone "streamlines approval of low-impact and minor park improvements, such as playgrounds and small picnic shelters." So here the big question is—WHO DETERMINED THAT THESE DEVELOPMENTS ARE LOW-IMPACT"» That is for citizens to decide since we OWN these lands in question and we have the right to determine if and when any changes will be made to these areas, regardless of what that change may be. Playgrounds and picnic shelters can have a huge, negative impact to wildlife and habitat if they are not sited correctly and away from wildlife and habitats. Trails are never"low-impact" if they are placed in an open space/natural area or near a natural area since they increase the amount of human disturbance to an area,bring in dogs,fragment existing wildlife habitat,etc. In fact, when the Tigard was planning the Fanno Creek Trail north of the library,the city of Tigard admitted in their comments to the Hearings Officer that this trail would negatively impact wildlife, including the western pond turtles that inhabitat that area. Allowing trails without public comment should not be approved under ANY circumstances. • Comprehensive Plan — I was on the committee that revised the Parks, Recreation and Open Space section of our Comprehensive Plan (CP)which had high citizen support and resulted in the following language; Policy 6—The City shall acquire and manage some open spaces to solely provide protection of natural resources....",and Policy 17—"The city shall maintain and manage its parks and open space resources in ways that preserve, protect and restore Tigard's natural resources, including rare, or state and federal listed species ". These two policies had wide citizen support and were adopted by the city. We do not believe that the proposed code amendment would carry out these policies but rather would go against these policies by creating potential harm to our natural resources through development of trails, structures, etc. in areas not suitable for such development, especially in areas where listed or rare species such as Turtles occur. Without full citizen oversight, including the ability to comment and have input on any type of development, the CP and these policies will not be implemented. This rewriting of the CP by citizens is an example of how important and serious citizens of Tigard take the protection and conservation of our natural resources for both current and future generations. And this directly relates to the subject we are discussing here, mainly what to allow or not allow for development in our parks and open spaces, and who gets to decided what to allow or not allow? That should be up to the citizens that own this public land. Natural Resources Section of CP—I was also on the committee to rewrite this section of the CP. Policy 4 of this section states that "The city shall actively coordinate and consult with landowners, local stakeholders,and government jurisdictions and agencies regarding the inventory, protection and restoration of natural resources". The proposed amendment changes would circumvent the purpose of this policy by not allowing citizens to "actively" participate in how natural resources are protected when development in parks and open spaces is proposed. It is crucial that citizens retain this right to protect and preserve our natural resources for us and future generations. In conclusion,we would support the following: • Establish a new zone and call it: Parks, Recreation and Natural Areas Zone, but only if the following occurs: • Establish a natural resources committee made up of local natural resource stakeholders including Fans of Fanno Creek,that would develop a "Natural Resource"section of this new zone and what is allowed or not allowed in parks and natural areas (if parks have natural areas in them). • All developments would be subject to public comment/oversight via the current Conditional Use Permit process. Doing the above would help to ensure citizens are not denied their right to have a voice in what occurs on public lands, including what types of development, not matter what it is, is done correctly and in such a manner that it does not harm wildlife or habitats, but rather is done in such a manner to protect and conserve our remaining natural resources. Thank you for your consideration in this matter. Sincerely, Sue Beilke Board member, Fans of Fanno Creek •• John Floyd From: Sue Beilke <sbeilke@europa.com> Sent: Tuesday, January 28, 2014 11:14 AM To: John Floyd Cc: Glenna Thompson; drescher@teleport.com; Linda Anzellotti; Ralph Anzellotti Subject: New zone for Parks, Recreation and Open space Attachments: 1.28.14.pdf John, Attached are comments from the Fans of Fanno Creek on the city's proposed new zone for parks and recreation. As we have commented previously, Fans and its members would like to see "Natural Areas"added to this zone as we have many natural areas we want FULLY protected and DO NOT want to see developed, in order to protect fish, wildlife and habitats. We were extremely disappointed to find out the city has been working on this for almost one year, and never at any time did you or anyone else contact us to get our input and feedback on this important matter. That is not how a democracy should work. And if this continues we will have to conclude we do not live in a democratic and fair city, rather, we live in a city that shuts out its citizens and does not want our input on land that WE OWN. Many of us have lived here now for over 20 years and we have seen a gradual yet continuing effort by city hall to shut us out of the process of planning, etc. That is very bad for the welfare of citizens and the city overall and cannot continue. Sue Board member, Fans of Fanno Creek 1 • • AIS-1548 5. Business Meeting Meeting Date: 01/28/2014 Length (in minutes): 50 Minutes Agenda Title: Tigard Parks Zone Project DCA2013-00003 Prepared For: John Floyd, Community Development Submitted By: John Floyd, Community Development Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing- Legislative Meeting- Main Public Hearing. Yes Publication Date: 01/09/2014 Information ISSUE Shall Council approve the Planning Commmission recommendation of November 18, 2013 regarding proposed amendments to the Tigard Community Development Code and Zoning Map to create a new Parks Zone? STAFF RECOMMENDATION / ACTION REQUEST Approve the ordinance adopting the Planning Commission recommendation of November 18, 2013 creating a Parks Zone and adopting the associated text and zoning map amendments. KEY FACTS AND INFORMATION SUMMARY The purpose of the Parks Zone Project is to create a new base zone for public parks and recreational facilities. The project is intended to address known inadequacies and inconsistencies of existing regulations, which can significantly increase permitting timetables and construction costs of both minor and major improvements to public parkland. These inadequacies are amplified as the city attempts to implement the Parks System Master Plan. The vehicle for correction of these inadequacies and inconsistencies is the creation of a new parks zone and associated chapter within the Tigard Community Development Code (Chapter 18). Unlike other cities across Oregon, the City of Tigard lacks a dedicated zone for publicly owned and/or community recreation land uses. At present there is not a specific zone for parkland within the city, resulting in the city's parkland being subject to a patchwork of base zone regulations and extensive land use permitting for many minor improvements. To address these ongoing issues, City staff developed draft development code amendments that would change how the city regulates publicly owned parkland. These amendments would result in a more efficient and nuanced approach than presently exists, providing greater • • flexibility to the city and enhanced protections to neighboring residents and landowners. Approximately 500 acres of land would be placed into the new zone, with new parkland converted into the park zone as it is purchased by the City. The Planning Commission considered the draft amendments on November 18, 2013 and unanimously recommended their approval without changes. Copies of the recommended amendments, staff report, public comments, and minutes of the November 18, 2013 meeting are included for Council's review and consideration. OTHER ALTERNATIVES As a land use amendment, Council can direct staff to make changes to the recommendation prior to adoption, decide to take no action, or direct staff to develop other alternatives. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Approval of the recommended amendments would support implementation of the 2009 Tigard Parks System Master Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION Briefing on June 11, 2013 Attachments Draft Ordinance Exhibit"A"-Planning Commission Recommendation Exhibit"B"-Proposed Zoning Map with Parks and Recreation Zone Planning Commission Minutes Staff Report to the Planning Commission • M CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 14- AN ORDINANCE AMENDING CHAPTER 18.330 (CONDITIONAL USE) AND CREATING CHAPTER 18.540 FOR THE PURPOSE OF ESTABLISHING A NEW BASE ZONE TO BE KNOWN AS THE PARKS AND RECREATION ZONE,AND ASSOCIATED ZONING MAP AMENDMENTS TO CHANGE APPROXIMATELY 500 ACRES OF CITY OWNED LAND FROM EXISTING RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL ZONING DESIGNATIONS TO THE NEW PARKS AND RECREATION ZONE (DCA2013-00003). WHEREAS, the city initiated application for the proposed code amendment to amend the text of Development Code Chapter 18.530 (Conditional Use) and Create Chapter 18.540 (Parks and Recreation Zone) to establish a new base zone; and WHEREAS, the city has also initiated changes to the Zoning Map to apply the new Parks and Recreation Zone to approximately 500 acres of city-owned land; and WHEREAS, the purpose of the new base zone is to preserve and enhance publicly owned open space and natural and improved parkland within the city; and WHEREAS,notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.390.060.D;and WHEREAS, the Tigard Planning Commission held a public hearing on November 18, 2013 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended by staff and Planning Commission; and WHEREAS, the Tigard City Council held a public hearing on January 28, 2013, to consider the proposed amendment; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 14- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SECTION 2: The specific zoning map amendment attached as "EXHIBIT B" to this Ordinance is hereby approved and adopted by the City Council. SECTION 3: The findings in the March 11, 2013 Staff Report to the Planning Commission and the Minutes of the November 18, 2013 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of ,2014. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ,2014. John L. Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 14- Page 2 • • CITY OF TIGARD PARKS ZONE PROJECT (DCA2013-00003) PLANNING COMMISSION RECOMMENDATION NOVEMBER 18, 2013 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd,Tigard, OR 97223 503-718-2429 / johnfl@tigard-or.gov • 41111 Staff Commentary This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter (18.540) as set forth below. Proposed changes are indicated by the use of ztriketbrougha to indicate language to be removed. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 2 • • Proposed Text Amendments CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose [No change proposed.] 18.330.020 Approval Process No change proposed.] 18.330.030 Approval Standards and Conditions of Approval [No change proposed._; 18.330.040 Additional Submission Requirements [No change proposed.] 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; required for for a dog park or &if leash area with a fenced ar.,ao€-enc-avn:� nrt, a „l.all require a signed agreement with thc landowner p.vs automobile parking spaces arc required for a dog park or off leash arca with a fcnccd area of less for anticipated peak use periods. Off site peak uac or overspill parking shall require a signed agreement with thc landowner providing the TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 3 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments included on the opposite page include the purpose of the zone,its short name for use on the zoning map,and where the zone is applied. Language proposed in 18.540.030 (Where the Zone is Applied) reflects the intended purpose of the zone,namely acknowledgement that the land is in public ownership and intended for development of parks and other community recreation facilities,and is not intended as a general open space zone to be applied to public and private property. As proposed,the zone is not intended or allowed on privately owned property. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 4 • i Proposed Text Amendments CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18.540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including: A. Providing opportunities for both active and passive recreational facilities to meet neighborhood, community and regional needs; B. Providing contrast to the built environment: C. Providing opportunities to strengthen community identity.improve public health,and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics,program needs, and external regulatory requirements;and G. Allowing for the efficient implementation of plans and improvements to parks,recreational facilities and open areas with appropriate reviews where compatibility issues may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks.open space and recreational facilities and may be applied within all Comprehensive Plan Designations. City owned parks.open space. and recreational facilities located in a plan district may retain or receive other than a Parks &Recreation Zone designation if it better furthers the goals of the plan district. In addition,other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 5 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.010. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 6 Proposed Text Amendments 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,inventoried hazards,and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title. 18.540.050 Use Regulations A. Types of uses. For the purposes of this chapter.there are three types of use: 1. A permitted (I') use is a use which is permitted outright,but subject to all of the applicable provisions of this title. 2. A conditional use (C) 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 18.330 (Conditional Use). 3. A prohibited (N) use is one that is not permitted in a zoning district under any circumstances. B. Use table.A list of permitted,conditional and prohibited uses in the Parks & Recreation Zone is presented in Table 18.540.1. TABLE 18.540.1 USE TABLE: PARKS&RECREATION ZONE Land Use Category Use Type RESIDENTIAL Household Living N Group Living N Transitional Housing N Home Occupation N CIVIC Basic Utilities Colleges N Community Recreation P/C' Cultural Institutions Day Care N Emergency Services N Medical Centers N Postal Service N Religious Institutions N Schools C2'3 Social/Fraternal Clubs/Lodges N TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 7 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone, and is consistent with the stated purpose set forth in sections 18.540.010. While the zone is intended primarily for community recreation land uses,outdoor sales and eating and drinking establishments are proposed as conditional land uses with restrictions,in order to allow limited concessions within a city park. This would include things like food and beverages and recreational equipment rentals. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 8 Proposed Text Amendments COMMERCIAL Commercial Lodging N Custom Arts and Crafts N Eating and Drinking Establishments C3 Major Event Entertainment Outdoor Entertainment N Indoor Entertainment N Adult Entertainment N Sales-Oriented C3 Personal Services N Rye air-Oriented N Bulk Sales N Outdoor Sales C3 Animal-Related N Motor Vehicle Sales/Rental N Motor Vehicle Servicing/Repair N Vehicle Fuel Sales N Office C3 Self-Service Storage N Non-Accessory Parking N INDUSTRIAL Industrial Services N ht Industrial N General Industrial N Heavy Industrial N Railroad Yards N Research and Development N Warehouse/Freight Movement N Waste-Related N Wholesale Sales N OTHER agriculture / Horticulture P/C1 Cemeteries N Detention Facilities N Heliports N Mining N Wireless Communication Facilities P/C' Rail Lines / Utility Corridors P=Permitted C=Conditional Use N=Not Permitted TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 9 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The text amendments on this page constitute one of the biggest changes from existing regulations. In contrast to present regulations where community recreation is a conditional use in almost all zones, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities" and by themselves do not have a high likelihood of creating off-site impacts. The size threshold for small structures (600 square feet) was chosen as it is approximately the same size limit as that applied to accessory structures on residentially zoned lots (528 square feet). These structures would be required to adhere to stricter setbacks than residential accessory structures, when adjoining a residentially zoned lot (see proposed development standards in 18.540.060 below). According to the Parks Department, most small structures are under 500 square feet in size. The code proposes 600 square feet to provide flexibility in future park programming. A picnic area designed to accommodate groups of less than 25 would be defined as open area with either a hard or soft surface pad that accommodates up to two or maybe three picnic tables — depending on size. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 10 I Proposed Text Amendments [1] See Subsection 18.540.050.C-D for use type determination. [2] Restricted to activities and facilities focused on environmental education. [3] Permitted only when accessory to a Community Recreation land use. [4] See Chapter 18.798.Wireless Communication Facilities. C. Development Permitted Outright. When associated with a Community Recreation land use,the following types of development are allowed outright if they comply with the development standards and other regulations of this tide. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply. 1. Park furnishings such as play equipment,picnic tables,benches,bicycle racks,public art trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street,multi-use trails. 4. Structures up to 600 square feet in size, and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields,courts, arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5.000 square feet in size. 8. Routine maintenance or replacement of existing facilities. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 11 1110 41 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlinin Proposed text amendments on the opposite page establish development types subject to Conditional Use Permit review. These types can be generally described as more"active recreational facilities" which are likely to generate off-site impacts and require additional review on a site-by-site basis. In response to a comment letter from the Bonneville Power Administration,development within a high voltage transmission line right-of-way has been made a conditional use to ensure they are notified of the proposed development and have an opportunity to comment. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 12 • Q Proposed Text Amendments D. Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval, as set forth in Chapter 18.330 Conditional uses. 1. Pools and aquatic centers,both indoor and outdoor. 2. Community and Senior Centers providing a focus for recreational,social, education and cultural activities. These may include gymnasiums.indoor tracks and fitness areas,meeting rooms,office and kitchen space and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5. Off-street parking areas. 6. Recreational fields,courts. arenas and associated structures for organized sports and competitions. 7. Stages and Amphitheaters. 8. Dog parks. 9. Community gardens in excess 5.000 square feet. 10. Structures in excess of 600 square feet.and/or more than 15 feet high. 11. Outdoor amplified sound systems. 12. Illuminated athletic fields. courts,and other outdoor recreational facilities intended to be used after sunset. 13. Camping.unless associated with an approved temporary or seasonal event as set forth in 18.785 Temporary Uses. 14. Golf courses,including club houses and driving ranges. 15. Development within a high voltage transmission line right of way. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 13 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlinin The proposed text amendments on this page establish new development standards for the Parks and Recreation Zone. At present,development within parks is subject to a uniform 30 foot setback for all structures,and a variety of base zone regulations for things like lot size,width,coverage, height limits,and so forth. The new standards are intended to provide greater flexibility in park programming, while providing enhanced setbacks for certain development types adjacent to residential zones. For example,small shelters may be built closer to adjoining residential development than currently permitted,while bathrooms and illuminated playgrounds must adhere to stricter setbacks than currently required. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 14 • • Proposed Text Amendments 18.540.060 Development Standards Development within the zone must comply with the following development standards,except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None. C. Maximum Structure Height. None, except structures within 100'of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None,except where abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools,skate parks, basketball courts soccer fields, and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use,the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330. F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones.Where a bathroom or concession stand abuts a school use on a residentially zoned property. the setback is reduced to zero. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION RECOMMENDATION—November 18,2013 15 • • Proposed Text Amendments G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking&Loading Requirements) with the following exceptions: 1. Minimum parking requirements shall only apply to conditional uses in this zone. Outright permitted uses are exempt from minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces,and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one-acre shall provide a minimum of three off-street parking spaces. and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one-half acre are exempt from minimum parking requirements. H. Signs. Signs in the Parks &Recreation Zone shall comply with the regulations applicable to non-residential land uses in residential zones,as set forth in Subsections 18.780.130.A and B of this Title. I. Lights&Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition,glare sources shall be hooded.shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties. 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I .p �j�' ° % _ sllxxn1t rail Tigard, Oregon 97223 n ti _ Miles 503 g639. 4171 .. ®�� :i1i«Tan C GT `iir..i..��ro- �� Q.�.'in 73125 Southwest Hall Boulevard •I !tl r•• g t 0 0.25 0.5 www.6 ard-or. ov ' 'v':: •.1 7� • Nna gyp►- .pT, I / .Ya lhe - t i CITY OF TIGARD PLANNING COMMISSION DRAFT Meeting Minutes November 18,2013 CALL TO ORDER President Anderson called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. ROLL CALL Present: President Anderson Commissioner Doherty Commissioner Fitzgerald Commissioner Muldoon Vice President Rogers Commissioner Schmidt Absent: Commissioner Feeney; Commissioner Gaschke; Commissioner Shavey Staff Present: Tom McGuire,Assistant Community Development Director;John Floyd, Associate Planner; Chris Wiley, Sr. Admin.;Doreen Laughlin,Executive Assistant; Steve Martin, Parks & Streets Manager PLANNING COMMISSIONER COMMUNICATIONS Commissioner Fitzgerald stated that she'd attended two Tigard Triangle CAC meetings and gave a brief report on those meetings. CONSIDER MINUTES October 21 Meeting Minutes: President Anderson asked if there were any additions, deletions, or corrections to the October 21 minutes; there being none,Anderson declared the minutes approved as submitted. PUBLIC HEARING—President Anderson opened the public hearing. PUBLIC HEARING: DCA2013-00003 PARKS ZONE Associate Planner John Floyd introduced himself and distributed copies of additional testimony that he'd received. (Exhibit A). He said this is a text and map amendment that would amend Chapter 18.330 which pertains to conditional uses. It would remove existing regulations for community recreation land uses out of this chapter and migrate them towards a new chapter labeled 18.540,which is the new parks and recreation zone. This would essentially create a fourth base zone type. Presently, the city only has residential, commercial, industrial zoning districts;this would add a fourth type which would be "Parks &Recreation." The map amendment would affect a little over 500 acres of land,which is about 7% of the city land mass and about 90% of that is zoned residential. John went over a Power Point presentation (Exhibit B). He noted that this project: Page 1 of 4 • • / Does not propose specific changes to existing parks, or create a new park. This is a rules and procedures change—it's not a proposal for a specific change to a specific park. / Does not rezone private property. As proposed, new zone may only be applied to publicly owned land (18.540.030). This is not a case of the city trying to preemptively zone property. ► Does not change, remove,or supersede any existing sensitive lands regulations (18.540.040). So why change the existing code? The code lacks a dedicated zone for parks or other public uses. The existing code makes Community Recreation Land Uses a conditional land use in almost all zones. Development standards are minimal and inflexible— • 30' setback for all structures, regardless of their purpose • Does not address non-structural improvements (ballfields, etc) Results in a lengthy& expensive process • Permit fees • Consultants • Staff time • Street dedications and improvements • Delayed project implementation For one recent small project to install a play area and trailhead, the cost of the land use permit is going to exceed the cost of physical improvements. What would be the biggest change from the existing code? In contrast to present regulations, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review,provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities" and by themselves do not have a high likelihood of creating off-site impacts. What do others have to say? Citizen Inquiries: • Mostly Informational • More enforcement of leash rules • What are the future plans for the park/open space by my house? • Just hurry up and build them • Loss of privacy and security • Confusion regarding overlapping notices for Senn Park (Dec 9) and Dirksen Nature Park (Recent) Three Substantive Comments: • Limit size of projects listed as "by-right" and exempted from land use review • Increased protection of environmental resources (i.e. habitat,wetlands, etc) • ODFW recommended we create subzones and regulate improved land, open space, and natural areas differentially The latter two are outside the scope of this project. Page 2 of 4 STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments and map amendments with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. QUESTIONS OF STAFF Was this vetted through the Parks and Recreation Board?Yes. We worked closely with Steve Martin and Brian Rager. Mr. Martin is here tonight if you have any questions. And, currently there is no separate zoning for parks? There is not. No. TESTIMONY IN FAVOR- Steve Martin, Parks & Streets Manager for the City of Tigard—testified they are in favor of the new zone because it would streamline things. He explained that they don't skip any environmental processes. TESTIMONY IN OPPOSITION—Sue Bielke 11755 SW 114th Place,Tigard spoke on behalf of the "Friends of Fanno Creek" group. She gave her testimony and provided a transcript of her testimony (Exhibit C). Ron Shaw, 13515 Essex Drive,Tigard said his property is backed by a green belt and that he and his neighbors assumed that the green space would remain a green space and not a public park. His concern is that he was not specifically notified and that the process will be further simplified in the future. President Anderson added that Mr. Shaw's written statement is in the commissioner's packets and that would be considered as well. Glenna Thompson, 13676 SW Hall Blvd Unit 2 Tigard said she had submitted an email to John Floyd and stated that the commissioners have a copy of it regarding her thoughts on the proposal. She said her biggest concern is a "one size fits all" concept that seems to be going on. Jerrod Buckmaster, 14802 SW 91st Ave.,Tigard —said he lives in the "Mallard Lakes" area where there are two ponds which are owned by the neighborhood. He said there are geese, ducks, blue herring, turtles, and other wildlife in that area. The city owns the greenway area. His and his neighbors that also back to the greenspace are concerned that the wildlife may be impacted.John Floyd stated that this area is under "sensitive lands" and that the lands owned by Mr. Buckmaster's neighborhood association would not be affected by this project. David Driscoll, 13469 SW Essex Drive,Tigard said this is the first time he's ever attended a Planning Commission meeting and the first time he'd heard John Floyd. His concern is what will happen at the bottom of the ravine behind Essex Drive.John said because the fact that there's already a trail back there, he's not sure there's much more in the works for that area but that he believes Mr. Martin could answer that more specifically. He added that any development on slopes more than 25% has to go through Sensitive Lands Review and there are different levels of that. There is oversight for development in those types of steep areas. A question came up as to fencing regulations.John answered that there are regulations for things like fences in floodplain areas and that staff could get back to the commission on that if they would like more specific information. Page 3 of 4 • • PUBLIC HEARING - CLOSED DELIBERATIONS Commissioner Doherty believes the City of Tigard is responding to the citizens' interest in more parks. She appreciates the work with having a parks designation because she believes it will help move the park system forward without having to spend lots of money on consultants and that type of thing. Commission Fitzgerald believes the permitted outright items aren't precluding public input because that's actually handled from the Parks Dept. She's particularly familiar with what's happening with the park in her own neighborhood. She realizes this would help parks to be designated sooner. She understands concerns by Fanno Creek and Fish and Wildlife,but she believes those concerns are addressed by the processes the Parks Dept goes through to activate the public hearing. MOTION Vice President Rogers made the following motion - seconded by Commissioner Doherty: "I move for approval of application Park Zone DCA2013-00003 and adoption of the findings and conditions of approval contained in the staff report and/or based on the testimony received." A vote was taken and the motion passed unanimously. John Floyd added that, for those interested, the date this item goes to City Council has not yet been determined but that all who have submitted comments will receive a notice detailing the time and date. OTHER BUSINESS —Tom McGuire,Assistant Community Development Director,went over upcoming meetings. CALL FOR FUTURE AGENDA ITEMS—None. ADJOURNMENT President Anderson adjourned the meeting at 8:45 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Tom Anderson Page 4 of 4 Exhibit "A" 11111 II City of Tigard K Memorandum To: President Anderson and Planning Commissioners From: John Floyd,Associate Planner Re: Additional Written Public Testimony for July 18, 2013 Public Hearing DCA2013-00003 (Parks Zone Project) Date: November 18, 2013 Additional written testimony was received by staff after the publication of the staff report for DCA2013-00003 (Tigard Parks Zone). This testimony has been gathered together and attached to this memorandum for consideration by the Planning Commission, as listed below: 1. Email from City of Tualatin;November 12, 2013. 2. Email from Glenna Thompson; November 14, 2013. 3. Letter from Oregon Department of Fish and Wildlife; November 15, 2013. 4. Email from Ron & Meg Shaw;November 17, 2013. 5. Email from Tualatin Valley Fire & Rescue;November 18, 2013. Exhibit "A" John Floyd From: CARL SWITZER <CSWITZER@ci.tualatin.or.us> Sent: Tuesday, November 12, 2013 8:34 PM To: John Floyd Subject: Request for Comments-Tigard PZP Attachments: SVarioLink 13111221320.pdf Hi John, We do not have any comments at this time. Best Carl Switzer Parks and Recreation Manager 18880 SW Martinazzi Avenue Tualatin, OR 97062-7092 - Desk Phone: 503.691.3064 Cell Phone: 503.519.3271 cswitzerAci.tualatin.or.us T Exhibit "A" CITY, Op /it Pot 1111 Np� City of Tigard co 4 2c13 i i, r 1) REQUEST FOR COMMENTS FLANi pav NIN lV e,o, Nr ry DAZE: October 31,2013 TO Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd_Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Finail:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (1'DC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone.' The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2,6, 8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: 5PM,MONDAY,NOVEMBER 18,2013. You may use the space provided below or attach a.separate letter to return your comments. If you are unable to respond by the above date please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnflktigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: Z We have reviewed the proposal and have no objections to it. ...Please contact of our office. Please refer to the enclosed letter. — Written comments provided below yN e,►,$u r(D & le 5 AND ftc&elm_ rn> k6te, 503. bt1..3ob'I Name&Number of Person(sj ommenting: Exhibit "A" John Floyd From: Glenna Thompson <glenna79@frontier.com> Sent: Thursday, November 14, 2013 11:33 AM To: John Floyd Subject: RE: Parks Zone Project Hi John, So, here are some of my thoughts about this project: I notice that the Project Summary says this project would result in a more efficient approach to reviewing improvements or developments to new parks and implies this would be different from the current "one-size-fits-all: manner of project review. The Project Summary specifically targets small or minor improvements and small projects, however, I see no language in the proposed development code amendments that differentiates small projects like adding a picnic table that covers a few square feet and larger projects like creating a lighted or unlighted recreational field (a football or soccer field would be many acres). I suggest adding language to the proposed amendments to define "small" projects whose review would be streamlined from major land use changes and large projects whose greater potential impact on city-owned lands calls for a more thorough review. I suggest that projects whose footprint is smaller than the average size of a single-family residential lot be classified as "small" projects and subject to the streamlined review process. A random sample of 10 residential lots in the City of Tigard from a popular real estate website came up with an average lot size of 6,613 square feet. In no case should projects with a footprint larger than 1/3 acre be exempt from current standards of regulation and review. I would suggest any parcel that is 5,000 square feet or more should be subjected to standard regulation and review. Thanks and I look forward to hearing your comments. Glenna From: John Floyd [mailto:JohnflOtigard-or.gov] Sent: Tuesday, November 12, 2013 12:53 PM To: Glenna Thompson Subject: RE: Parks Zone Project Hi Glenna, I'll have two copies waiting for you. Just to be clear, do you want to the notice that was posted at the end of Wall Street,or copies of what was mailed? The information is essentially the same,just different formatting. John 1 • • From: Glenna Thompson [mailto:glenna79(afrontier.com] Exhibit "A" Sent: Tuesday, November 12, 2013 12:50 PM To: John Floyd Subject: RE: Parks Zone Project Hi John, Thanks for getting back to me. I would still like to come by and get two copies of that notice as my printer is on the fritz. Please advise if you can provide these for me. Thanks, Glenna From: John Floyd [mailto:JohnfI tigard-or.gov] Sent:Tuesday, November 12, 2013 12:45 PM To: 'Glenna Thompson ' Subject: RE: Parks Zone Project Hi Glenna, Have you looked at the project website? The information can be found here: www,tisa rd-o r.gov/pzp I'm also attached a copy of the notice that went out to the interested parties list. It was mailed out before your name was added to that list. John From: Glenna Thompson [rnallto:4lenna79tafrontier.com] Sent:Tuesday, November 12, 2013 12:17 PM To: John Floyd Subject: Parks Zone Project Hi John, I did not receive a notice from the city regarding the change in the development code. I only got a post card from you. I would like a copy of the flyer that is posted at the end of Wall St. I would like to stop by your office today and get one for myself and also one for my neighbor, as she didn't get one either. Please advise if you could have at least 2 copies ready for me by early this afternoon. Thanks, Glenna Thompson 503.816.4652 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.- 2 Exhibit "A" John Floyd From: Elizabeth J Ruther<elizabeth.j.ruther@state.or.us> Sent: Friday, November 15, 2013 4:04 PM To: John Floyd Subject: ODFW comments-parks zone code proposal Attachments: odfw comments park zone code tigard_2013.pdf Hi John— Please find ODFW's comments for the parks zone code proposal attached. Thank youl Elizabeth J. Ruther Habitat Conservation Biologist Oregon Department of Fish and Wildlife North Willamette Watershed District 18330 NW Sauvie Island Road Portland, OR 97231 P: 503.621.3488 x228 F: 503.621.3025 1 Exhibit "A" ^ ,`'" CI)regon Department of Fish and Wildlife ai 5auvie Island Wildlife Area : ,t'lr �� North Willamette Wildlife District '• , :.`' John Kitzhaber, Governor 18330NW Sauvie Island Road i ,9 Portland,OR 97231 Voice: 503-621-3488 Fax:503-621-3025 http://www.dfw.state.or.us OREGON Date: November 15,2013 //i F I,OdY/tlellle To: John Floyd City of Tigard Permit Center 13125 SW Hall Blvd Tigard,OR 97223 RE: ODFW Comments: Parks Zone Project Dear Mr.Floyd: This correspondence by the Oregon Department of Fish and Wildlife (ODFW) provides recommendations to the City of Tigard for the Parks Zone Project. The City of Tigard would like to create a specific zone for parks and greenspaces in order to more efficiently manage parkland within city limits. Currently, parklands contain many different zones. Overall, ODFW supports a park zone in order to efficiently and effectively manage city parkland and natural resources. ODFW has identified two key issues that may negatively affect fish, wildlife, and habitat that currently exist in parks and greenspaces. Purpose ODFW recommends, particularly if the code addresses all three categories of parkland(improved, open space, and natural) in a singular fashion, that a purpose be added that identifies maintaining open space and healthy habitat for fish and wildlife resources for citizens to enjoy. Parkland in developed areas is the primary location where the community can observe wildlife and is one of the major management goals in natural and open space parks across the Metro region. Improved vs.Natural and Open space Parkland The current document appears to most adequately address improved parkland scenarios. ODFW does not recommend that some permitted outright actions in Section C be applied to natural and open space parkland. Parks designated as natural and open space are not only used for recreation, but also have a larger natural resources emphasis than improved parkland.ODFW recommends a more detailed park zone code that is more specific to the three major types of parklands in the City to make sure that fish and wildlife resources are not inadvertently impacted. For instance,off street multi-use trails and non-illuminated fields, courts, and arenas could have a large negative impact to habitat if pennitted outright in natural and open space parkland. Other actions, like replacing or maintaining structures may have little natural resource impact in these areas. ODFW appreciates the opportunity to provide recommendations to support the best stewardship of the state's fish and wildlife resources as possible and to support the City of Tigard in • Exhibit "A" protecting natural resources, benefitting wildlife species, and increasing functioning habitats that are dwindling within the UGB and within the City. Please address any questions you may have regarding these comments to Elizabeth Ruther at 503.621-3488 x228, Since ly, Elizabeth J. Ruther Habitat Conservation Biologist North Willamette Watershed District Exhibit "A" John Floyd From: Ron &Meg <ronmegshaw@frontier.com> Sent: Sunday, November 17, 2013 8:29 PM To: John Floyd Subject: Re: Parks Zone Project Mr. Floyd: Thank you for your prompt & informative response. When we bought our property from Mr. Freeman, we were led to believe that the greenbelt would never be developed. The definition of "developed" can mean a lot of different things, but it is obvious that we were misled by Freeman & his representatives as to the amount of protection we had. I think the common concerns of myself & my neighbors is that our privacy and security be maintained, and our property values unaffected. I hope to the planning commission will consider our concerns when making plans for these areas. Thank You, Ron Shaw From: John Floyd Sent: Sunday, November 17, 2013 4:41 PM To: 'Ron & Mea' Cc: Tom McGuire ; Steve Martin Subject: RE: Parks Zone Project Mr. and Mrs. Shaw, I am responding on behalf of Mr. McGuire. Thank you for submitting your comments on the Parks Zone Project,they will be forwarded to the Planning Commission for their consideration during deliberations on November 18. I also did some brief research on the"greenbelt" area you mentioned. It appears that the property behind your house, Tract"A"of the Hillshire Woods Subdivision,was gifted to the City by the developer of the Hillshire Estates subdivision for use as"natural, wooded open-space which can be used by the citizens as park space,hiking trails,etc.". Attached is a letter pertaining to that gift. Perhaps this will help clarify the original intent for that land,since there may be some confusion out there regarding what it was intended for. 1 am also copying the head of our Parks Division so he is aware of your concerns. If you wish to discuss this further, I'm happy to do so and can be reached directly at 503-718-2429 or in person by appointment. Regards, John Floyd 1 • • Exhibit "A" John Floyd City of Tigard associate Planner 111 ��� Community Development • i (503)712-2429 r ' johnii@tigard-or,gov V n :" 13125 SW Hall Blvd s From: Ron & Meg [mailto:ronmegshaw@ frontier.com] Sent: Friday, November 15, 2013 8:45 PM To: Tom McGuire Cc: John Floyd Subject: Parks Zone Project Mr. Tom McGuire: My name is Ron Shaw, & I live at 13515 SW Essex Dr. in Tigard. My property, like several hundred of my neighbors, is backed by a green belt, established when our lots were platted. We were assured when we bought our homes that this green belt would never be developed. The purpose of the green belt is to assure some measure of privacy and security to our homes, and we paid a significant premium for our homes because of it. The phrase "backs to green belt" is still prominently used in real estate advertisements for these homes. The City Parks Department, to my knowledge without a public hearing, has changed the designation of these green belts to "Public Open Space", and added trails and public access points, and removed the signs warning of the dangers of damage to the fragile slopes. They further propose changing these spaces to "Proposed Park & Recreation Zone", and simplifying the process required to add further improvements. I strongly object to the actions already taken, and to any further development of these green belts. These changes now allow 24 hour public access to an unlighted, unfenced, un-policed area bordering our unprotected back yards, in addition to reducing the privacy of our homes. 2 • • Exhibit "A" I ask that you not approve the Parks Zone Project and take steps to correct the actions already taken. Thank you, Ron Shaw DISCLAIMER: E-mails sent o 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 "A" John Floyd From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Monday, November 18, 2013 11:30 AM To: John Floyd Subject: DCA 2013-00003 Tigard Parks Code Amendment Attachments: Request for Comments DCA 2013-00003 Tigard Parks Zone.pdf John, Thank you for the opportunity to comment on the DCA surrounding the Tigard Parks Zone Amendment. Attached is the record that TVF&R has reviewed the proposal and has no objections to it. John Wolff I Deputy Fire Marshal II Tualatin Valley Fire & Rescue Direct: 503-259-1504 www.tvfr.com t • • Exhibit "A" City ofTigard TIGARD REQUEST FOR COMMENTS DATE: October 31,2013 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503)718-2748 Email:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (1DC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2,6,8, 9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: SPM, MONDAY, NOVEMBER 18, 2013. You may use the space provided below or attach a separate letter to return your continents. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnfl(a;tigard or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: kWe have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: John Wolff IAAI-CFI • Deputy Fire Marshal II Name&Number of Person(s)Commenting: IN a (503)259-1504-direct (503)642-4814-tax Tualatin Valley (503)649-8577-main Fire & Rescue John.Wolff@tvfr.com 11945 S.W.70th Avenue Tigard,OR 97223-9196 www.tvtr.com • STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments and map amendments with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. QUESTIONS OF STAFF Was this vetted through the Parks and Recreation Board?Yes. We worked closely with Steve Martin and Brian Rager. Mr. Martin is here tonight if you have any questions. And, currently there is no separate zoning for parks? There is not. No. TESTIMONY IN FAVOR - Steve Martin, Parks & Streets Manager for the City of Tigard—testified they are in favor of the new zone because it would streamline things. He explained that they don't skip any environmental processes. TESTIMONY IN OPPOSITION—Sue Bielke 11755 SW 114th Place,Tigard spoke on behalf of the "Friends of Fanno Creek" group. She gave her testimony and provided a transcript of her testimony (Exhibit C). Ron Shaw, 13515 Essex Drive,Tigard said his property is backed by a green belt and that he and his neighbors assumed that the green space would remain a green space and not a public park. His concern is that he was not specifically notified and that the process will be further simplified in the future. President Anderson added that Mr. Shaw's written statement is in the commissioner's packets and that would be considered as well. Glenna Thompson, 13676 SW Hall Blvd Unit 2 Tigard said she had submitted an email to John Floyd and stated that the commissioners have a copy of it regarding her thoughts on the proposal. She said her biggest concern is a "one size fits all" concept that seems to be going on. Jerrod Buckmaster, 14802 SW 91st Ave.,Tigard — said he lives in the "Mallard Lakes" area where there are two ponds which are owned by the neighborhood. He said there are geese, ducks, blue herring, turtles, and other wildlife in that area. The city owns the greenway area. His and his neighbors that also back to the greenspace are concerned that the wildlife may be impacted.John Floyd stated that this area is under "sensitive lands" and that the lands owned by Mr. Buckmaster's neighborhood association would not be affected by this project. David Driscoll, 13469 SW Essex Drive, Tigard said this is the first time he's ever attended a Planning Commission meeting and the first time he'd heard John Floyd. His concern is what will happen at the bottom of the ravine behind Essex Drive.John said because the fact that there's already a trail back there, he's not sure there's much more in the works for that area but that he believes Mr. Martin could answer that more specifically. He added that any development on slopes more than 25%has to go through Sensitive Lands Review and there are different levels of that. There is oversight for development in those types of steep areas. A question came up as to fencing regulations.John answered that there are regulations for things like fences in floodplain areas and that staff could get back to the commission on that if they would like more specific information. Page 3 of 4 • • PUBLIC HEARING - CLOSED DELIBERATIONS Commissioner Doherty believes the City of Tigard is responding to the citizens' interest in more parks. She appreciates the work with having a parks designation because she believes it will help move the park system forward without having to spend lots of money on consultants and that type of thing. Commission Fitzgerald believes the permitted outright items aren't precluding public input because that's actually handled from the Parks Dept. She's particularly familiar with what's happening with the park in her own neighborhood. She realizes this would help parks to be designated sooner. She understands concerns by Fanno Creek and Fish and Wildlife, but she believes those concerns are addressed by the processes the Parks Dept goes through to activate the public hearing. MOTION Vice President Rogers made the following motion - seconded by Commissioner Doherty: "I move for approval of application Park Zone DCA2013-00003 and adoption of the findings and conditions of approval contained in the staff report and/or based on the testimony received." A vote was taken and the motion passed unanimously. John Floyd added that, for those interested, the date this item goes to City Council has not yet been determined but that all who have submitted comments will receive a notice detailing the time and date. OTHER BUSINESS—Tom McGuire,Assistant Community Development Director,went over upcoming meetings. CALL FOR FUTURE AGENDA ITEMS—None. ADJOURNMENT President Anderson adjourned the meeting at 8:45 p.m. Doreen Laughlin,Planning Commission Secretary A 1ThST: President Tom Anderson Page 4 of 4 • • Exhibit "A" ' City of Tigard TIGARD Memorandum To: President Anderson and Planning Commissioners From: John Floyd,Associate Planner Re: Additional Written Public Testimony for July 18,2013 Public Hearing DCA2013-00003 (Parks Zone Project) Date: November 18, 2013 Additional written testimony was received by staff after the publication of the staff report for DCA2013-00003 (Tigard Parks Zone). This testimony has been gathered together and attached to this memorandum for consideration by the Planning Commission, as listed below: 1. Email from City of Tualatin; November 12, 2013. 2. Email from Glenna Thompson; November 14, 2013. 3. Letter from Oregon Department of Fish and Wildlife; November 15, 2013. 4. Email from Ron & Meg Shaw; November 17, 2013. 5. Email from Tualatin Valley Fire & Rescue;November 18, 2013. • Exhibit "A" John Floyd From: CARL SWITZER <CSWITZER@ci.tualatin.or.us> Sent: Tuesday, November 12, 2013 8:34 PM To: John Floyd Subject: Request for Comments-Tigard PZP Attachments: SVarioLink 13111221320_pdf Hi John, We do not have any comments at this time. Best Carl Switzer Parks and Recreation Manager 18880 SW Martinazzi Avenue Tualatin, OR 97062-7092 Desk Phone: 503.691.3064 Cell Phone: 503.519.3271 cswitzer a(�ci.tualatin.or.us t • • Exhibit "A" Op T!41, RC F! /ea/177N ll a ill City of Tigard Co,� Noy 4 2013 4104,1 1 +(,; A 1, 1) REQUEST FOR COMMENTS FANN2/''DFvE<NG Quite�4fEk ry DATE: October 31 2013 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone.- The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2, 6,8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: 5PM. MONDAY,NOVEMBER 18,2013. You may use the space provided below or attach a.separate letter to return your comments. If you are unable to respond by the above date please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnfl@tigard-ot.gpv. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. ..Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ."(.*& /AN.b f 1� al ► I N*6 , $ . bTI304h1Name &Number of Persons mmenting: • • Exhibit "A" John Floyd From: Glenna Thompson <glenna79@frontier.com> Sent: Thursday, November 14, 2013 11:33 AM To: John Floyd Subject: RE: Parks Zone Project Hi John, So, here are some of my thoughts about this project: I notice that the Project Summary says this project would result in a more efficient approach to reviewing improvements or developments to new parks and implies this would be different from the current "one-size-fits-all: manner of project review. The Project Summary specifically targets small or minor improvements and small projects, however, I see no language in the proposed development code amendments that differentiates small projects like adding a picnic table that covers a few square feet and larger projects like creating a lighted or unlighted recreational field (a football or soccer field would be many acres). I suggest adding language to the proposed amendments to define "small" projects whose review would be streamlined from major land use changes and large projects whose greater potential impact on city-owned lands calls for a more thorough review. I suggest that projects whose footprint is smaller than the average size of a single-family residential lot be classified as "small" projects and subject to the streamlined review process. A random sample of 10 residential lots in the City of Tigard from a popular real estate website came up with an average lot size of 6,613 square feet. In no case should projects with a footprint larger than 1/3 acre be exempt from current standards of regulation and review. I would suggest any parcel that is 5,000 square feet or more should be subjected to standard regulation and review. Thanks and I look forward to hearing your comments. Glenna From: John Floyd [mailto:Johnfl@tigard-or.gov] Sent: Tuesday, November 12, 2013 12:53 PM To: Glenna Thompson Subject: RE: Parks Zone Project Hi Glenna, I'll have two copies waiting for you. Just to be clear,do you want to the notice that was posted at the end of Wall Street,or copies of what was mailed? The information is essentially the same,just different formatting. John i • • From: Glenna Thompson [mailto:glenna79(afrontier.com] Exhibit "A" Sent:Tuesday, November 12, 2013 12:50 PM To: John Floyd Subject: RE: Parks Zone Project Hi John, Thanks for getting back to me. I would still like to come by and get two copies of that notice as my printer is on the fritz. Please advise if you can provide these for me. Thanks, Glenna From: John Floyd [mailto:Johnfk tioard-or.ciov] Sent: Tuesday, November 12, 2013 12:45 PM To: 'Glenna Thompson ' Subject: RE: Parks Zone Project Hi Glenna, Have you looked at the project website? The information can be found here: www.tigard-or.gov/pzp I'm also attached a copy of the notice that went out to the interested parties list. It was mailed out before your name was added to that list. John From: Glenna Thompson [mailto:glenna79Pfrontier.com] Sent: Tuesday, November 12, 2013 12:17 PM To: John Floyd Subject: Parks Zone Project Hi John, I did not receive a notice from the city regarding the change in the development code. I only got a post card from you. I would like a copy of the flyer that is posted at the end of Wall St. I would like to stop by your office today and get one for myself and also one for my neighbor, as she didn't get one either. Please advise if you could have at least 2 copies ready for me by early this afternoon. Thanks, Glenna Thompson 503.816.4652 DISCLAIMER: L-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." 2 • • Exhibit "A" John Floyd From: Elizabeth J Ruther<elizabeth.j.ruther@state.or.us> Sent: Friday, November 15, 2013 4:04 PM To: John Floyd Subject: ODFW comments-parks zone code proposal Attachments: odfw comments park zone code tigard_2013.pdf Hi John— Please find ODFW's comments for the parks zone code proposal attached. Thank you! Elizabeth J. Ruther Habitat Conservation Biologist Oregon Department of Fish and Wildlife North Willamette Watershed District 18330 NW Sauvie Island Road Portland, OR 97231 P: 503.621.3488 x228 F: 503.621.3025 • • Exhibit "A" c ' Department of Fish and Wildlife r - . regon ~.44, Sauvie island Wildlife Area ` ': ,. :` John Kitzhaber, Governor North Willamette Wildlife District 18330 NW Sauvie Island Road Portland,OR 97231 Voice:503-621-3488 Fax:503-621-3025 http:flwww.dfw.state.or.us OREGON Date: November 15,2013 Fish eWI* To: John Floyd City of Tigard Permit Center 13125 SW Hall Blvd Tigard,OR 97223 RE: ODFW Comments: Parks Zone Project Dear Mr.Floyd: This correspondence by the Oregon Department of Fish and Wildlife (ODFW) provides recommendations to the City of Tigard for the Parks Zone Project. The City of Tigard would like to create a specific zone for parks and greenspaces in order to more efficiently manage parkland within city limits. Currently, parklands contain many different zones. Overall, ODFW supports a park zone in order to efficiently and effectively manage city parkland and natural resources. ODFW has identified two key issues that may negatively affect fish, wildlife, and habitat that currently exist in parks and greenspaces. Purpose ODFW recommends, particularly if the code addresses all three categories of parkland(improved, open space, and natural) in a singular fashion. that a purpose be added that identifies maintaining open space and healthy habitat for fish and wildlife resources for citizens to enjoy. Parkland in developed areas is the primary location where the community can observe wildlife and is one of the major management goals in natural and open space parks across the Metro region. improved vs.Natural and Open space Parkland The current document appears to most adequately address improved parkland scenarios. ODFW does not recommend that some permitted outright actions in Section C be applied to natural and open space parkland. Parks designated as natural and open space are not only used for recreation, but also have a larger natural resources emphasis than improved parkland. ODFW recommends a more detailed park zone code that is more specific to the three major types of parklands in the City to make sure that fish and wildlife resources are not inadvertently impacted. For instance,off street multi-use trails and non-illuminated fields, courts, and arenas could have a large negative impact to habitat if permitted outright in natural and open space parkland. Other actions, like replacing or maintaining structures may have little natural resource impact in these areas. ODFW appreciates the opportunity to provide recommendations to support the best stewardship of the state's fish and wildlife resources as possible and to support the City of Tigard in Exhibit "A" protecting natural resources, benefitting wildlife species,and increasing functioning habitats that are dwindling within the UGB and within the City. Please address any questions you may have regarding these comments to Elizabeth Ruther at 503.621-3488 x228. Since" ly Elizabeth J. Ruther Habitat Conservation Biologist North Willamette Watershed District Exhibit "A" John Floyd From: Ron & Meg <ronmegshaw@frontier.com> Sent: Sunday, November 17, 2013 8:29 PM To: John Floyd Subject: Rey Parks Zone Project Mr. Floyd: Thank you for your prompt & informative response. When we bought our property from Mr. Freeman, we were led to believe that the greenbelt would never be developed. The definition of "developed" can mean a lot of different things, but it is obvious that we were misled by Freeman & his representatives as to the amount of protection we had. I think the common concerns of myself & my neighbors is that our privacy and security be maintained, and our property values unaffected. I hope to the planning commission will consider our concerns when making plans for these areas. Thank You, Ron Shaw From: John Floyd Sent: Sunday, November 17, 2013 4:41 PM To: 'Ron & Meg' Cc: Tom McGuire ; Steve Martin Subject: RE: Parks Zone Project Mr. and Mrs.Shaw, I am responding on behalf of Mr. McGuire. Thank you for submitting your comments on the Parks Zone Project,they will be forwarded to the Planning Commission for their consideration during deliberations on November 18. I also did some brief research on the"greenbelt"area you mentioned. It appears that the property behind your house, Tract"A" of the Hillshire Woods Subdivision,was gifted to the City by the developer of the Hillshire Estates subdivision for use as "natural,wooded open-space which can be used by the citizens as park space,hiking trails,etc.". Attached is a letter pertaining to that gift. Perhaps this will help clarify the original intent for that land, since there may be some confusion out there regarding what it was intended for. I am also copying the head of our Parks Division so he is aware of your concerns. If you wish to discuss this further, I'm happy to do so and can be reached directly at 503-718-2429 or in person by appointment. Regards, John Floyd 1 • • Exhibit "A" John Floyd City of Tigard Associate Planner " Community Development 11111 l503)715-2429 !/�►�,—, johnfl 5tigard-or,gov 13125 SW Hall Blvd TIGARD From: Ron& Meg [mailto:ronmegshaw@frontier.com] Sent: Friday, November 15, 2013 8:45 PM To: Tom McGuire Cc: John Floyd Subject: Parks Zone Project Mr. Tom McGuire: My name is Ron Shaw, & I live at 13515 SW Essex Dr. in Tigard. My property, like several hundred of my neighbors, is backed by a green belt, established when our lots were platted. We were assured when we bought our homes that this green belt would never be developed. The purpose of the green belt is to assure some measure of privacy and security to our homes, and we paid a significant premium for our homes because of it. The phrase "backs to green belt" is still prominently used in real estate advertisements for these homes. The City Parks Department, to my knowledge without a public hearing, has changed the designation of these green belts to "Public Open Space", and added trails and public access points, and removed the signs warning of the dangers of damage to the fragile slopes. They further propose changing these spaces to "Proposed Park & Recreation Zone", and simplifying the process required to add further improvements. I strongly object to the actions already taken, and to any further development of these green belts. These changes now allow 24 hour public access to an unlighted, unfenced, un-policed area bordering our unprotected back yards, in addition to reducing the privacy of our homes. 2 • • Exhibit "A" I ask that you not approve the Parks Zone Project and take steps to correct the actions already taken. Thank you, Ron Shaw 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." 3 • • Exhibit "A" John Floyd From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Monday, November 18, 2013 11:30 AM To: John Floyd Subject: DCA 2013-00003 Tigard Parks Code Amendment Attachments: Request for Comments DCA 2013-00003 Tigard Parks Zone.pdf John, Thank you for the opportunity to comment on the DCA surrounding the Tigard Parks Zone Amendment. Attached is the record that TVF&R has reviewed the proposal and has no objections to it. John Wolff ( Deputy Fire Marshal II Tualatin Valley Fire & Rescue Direct: 503-259-1504 www.tvfr.com 1 • • Exhibit "A" • 1111 _ la City ofTigard TIGARD REQUEST FOR COMMENTS DATE: October 31,2013 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd,Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 1];Metro Urban Growth Management Function Plan Tide 12; Comprehensive Plan Goals 1,2, 6,8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY:SPM,MONDAY.NOVEMBER 18,2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact,'ohn Floyd at 503-718-2429 or johnfl cQ.•,.rd-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. — Written comments provided below. John Wolff IAAI-CFI • Name&Number of Person(s)Commenting: . , e, r Deputy Fire Marshal II .. } (503)259-1504-direct c: (503)642-4814-fax Tualatin Valley (503)649-8577-main Fire & Rescue John.Wolff@tvfr.com m 11945 S.W. 70th Avenue Tigard,OR 97223-9196 www.tvfr.com CITY OF TIGARD Respect a ,cl Care I Do the Right Thing j Get it Done ■ TIGARD Parks Zone Project DCA 2013-00003 • John Floyd, Associate Planner November 18, 2013 C I '1' Y O F TIGARD ➢ What is the Tigard Parks Zone Project? • ➢ Why change the Development Code? ➢ Where would it apply? ➢ What precedents are there? ➢ How would it change existing code? • ➢ What do others have to say? ➢ Questions for the Planning Commission CITY OF TIGARD What is the Tigard Parks Zone Project? • / Text Amendments to Tigard Development Code Amends 18.330 (Conditional Use) Creates 18.540 ( Parks & Recreation Zone) Zoning Map Amendment to apply the new base zone to approximately 500 acres of city-owned parkland 7% of total land area of Tigard S 90% is presently zoned residential CITY OF TIGARD What is it NOT? • Does not propose specific changes to existing parks, or create a new park. Does not rezone private property. As proposed, new zone may only be applied to publicly owned land ( 18.540.030) . • Does not change, remove, or supersede any existing sensitive lands regulations ( 18.540.040). CITY OF TIGARD Why change the existing code? • 1 Existing code inefficient, lacks flexibility or uniformity / Increase in number/size of park projects 1 "Costs" of existing code: Disproportional costs for small projects and low-impact improvements (fees, consultants, staff time, required street improvements). Delayed project implementation. CITY OF TIG ARD Where would it apply? • All city-owned parks and greenspaces. Both developed and undeveloped . Metro has expressed interest for their properties. / Question from staff: Is the Planning Commission • interested in creating an "automatic rezoning" process to coincide with parkland purchases? CITY OF TIGARD What precedents are there? • ► Recent city projects in developing/improving parkland ► Dedicated parks/public zone commonly used by other jurisdictions ( 12 of 17) ► Most varied their review process by typology of development. • Examples of recreation-specific standards for setbacks, height, and off-site impacts. CITY OF TIGARD How would it change existing code? • ► Create a 4th type of base zone and chapter ( 18.540) ► Transfer community recreation development standards from 18.330 to 18.540. ► Streamlined review for low-impact and minor development associated with Community Recreation a 1 More flexible development standards focused on the protection of adjacent, residential development. CITY OF TIG ARD How would it change existing code? • • . ! •. •a . All building setbacks shall be a minimum of 30 feet �r�m - ni rrrrnr+v inn b . Thcrc arc no off street parking requirements, except that five automobile parking spaces arc required for a dog park or off lush CITY OF TIGARD How would it change existing code? • 18.540.010 Purpose "The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City..." i CITY OF TIGARD How would it change existing code? 18.540.030 Where the Zone is Applied "The Parks and Recreation Zone is applicable to all city owned lands intended as parks, open space, and recreational facilities and may be applied within all Comprehensive Plan Designations...other public agencies • may request a Parks and Recreation designation for areas that meet the purpose of the zone." CITY OF TIGARD How would it change existing code? • 18.540.040 Other Zoning Regulations "The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones, plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Specific uses or development types may also S be subject to regulations as set forth elsewhere in this title." CITY OF TIGARD How would it change existing code? • 18.540.050 Use Regulations Table 18.540. 1 — Use Table: Parks and Recreation Zone Anticipates community recreation as primary land use / Allows other needed community facilities (i .e. Basic • Utilities and Cultural Institutions) and accessory land uses to provide programming and partnership opportunities (i .e. concessionaires and equipment rental companies) . ( : ITY OF TIGARD How would it change existing code? 18.540.050 Use Regulations "Development Permitted Outright. When associated with a Community Recreation land use, the following types of development are allowed outright if they comply with the development standards and other regulations of this • title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply." CITY OF TIGARD How would it change existing code? • 1. Park furnishings such as play equipment, picnic tables, benches, bicycle racks, public art, trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street, multi-use trails. 4. Structures up to 600 square feet in size, and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. • 6. Outdoor recreational fields, courts, arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. CITY OF TIGARD How would it change existing code? • "Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval ..." • CITY OF TIGARD How would it change existing code? • 18.540.060 Development Standards "Development within the zone must comply with the following development standards, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. • A. Minimum Lot Size. None. B. Minimum Lot Width . None" CITY OF TIGARD How would it change existing code? • 18.540.060 Development Standards "C. Maximum Structure Height. None, except structures within 100' of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None, except where • abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height." CITY OF TIGARD How would it change existing code? • 18.540.060 Development Standards "E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks, basketball courts, soccer fields, and group picnic areas must • be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330." CITY OF TIGARD How would it change existing code? • 18.540.060 Development Standards "F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones. Where a bathroom or concession stand abuts a school use on a • residentially zoned property, the setback is reduced to zero." CITY OF TIGARD How would it change existing code? • 18.540.060 Development Standards "Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces, and a parking plan for anticipated peak use periods. • b. Dog parks or off-leash areas with a fenced area of less than one- acre shall provide a minimum of three off-street parking spaces, and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one- half acre are exempt from minimum parking requirements." CITY OF TIG ARD How would it change existing code? 18.540.060 Development Standards "I. Lights & Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition, glare sources shall be hooded, shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the site # boundary or at the furthest boundary of adjacent industrially-zoned properties." CITY OF TIGARD What do others have to say? • Staff discussed the amendments with Metro T Potentially interested in rezoning their property Did not submit a formal comment Four Citizen Comment Letters BPA & ODFW • Over 50 general inquiries from public outreach (signs, postcards, notices, etc.) CITY OF TIGARD Questions for the Planning Commission • Does the planning commission approve of the draft amendments as proposed ? Need more information ? Text changes? Is the Planning Commission interested in creating a process for the "automatic rezoning" of parkland upon purchase by the city? • 2012 � �Exhibit "CC"" '�.,/ NOV1 & 2013 CITY OP Planning Commission PL4NCN!, % N IGAR ply 13125 SW Hall Blvd.,Tigard, Oregon 97223 RE: Development Code Amendment(DCA)2013-00003 As a board member for Fans of Fanno Creek, I am writing about the proposed changes to the above referenced development code. Fans is a local 501c3 that advocates for the protection and conservation of our natural resources in the Fanno Creek basin. We have hundreds of members in the basin including in Tigard,who work hard to protect and conserve our fish,wildlife and habitats by helping with our restoration efforts but also by simply being good stewards of the land they live on. Our comments are as follows: Regarding the proposed legislative amendments to the Tigard Development Code and Zoning Map to amend Chapter 18.330(Conditional Use)and adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone)and amend the Zoning Map to include the new zone. • Parks, Recreation and Natural Areas Zone-While we support the general idea of a new zone,we recommend that this new zone be titled, "Parks, Recreation and Natural Areas (Open Space)"Zone. This way,the greenways/open space in Tigard stand alone as they should and it signifies the importance of these areas. For many years, I and other Tigard residents have suggested and asked city staff for this change in the wording in many documents. o The main page states "this project would result in a more efficient and nuanced approach than presently exists". It may be more efficient for development but it certainly IS NOT more efficient in the manner in which natural resources are protected and conserved. It treats parks and open spaces the same, when in reality they should not be treated the same but are quite different in what they contain, what their purpose is, what wildlife they support, what habitats they contain, etc. This needs to addressed in a separate, NEW section on Open Space/Natural Areas if there is to be a new Zone, and citizens such as myself need to be the ones determining how this will be developed. We have a number of recommendations that we are working on and we recommend a committee be developed with our group,Tualatin Riverkeepers and other natural resource stakeholders as the main members who would develop the new section, standards, etc. for Open Space/Natural Areas. • • Exhibit "C" • Removal of existin develo ment standards from Conditional Use Cha ter—Under this proposal a new chapter would be created with new approval processes,criteria,etc. We DO NOT SUPPORT THIS PROPOSAL for a number of reasons. o First, it would eliminate the ability of citizens who own these lands to adequately comment on and weigh in on what development could happen on these lands. if Tigard wants to take away our right to determine how these lands are protected, developed, etc. this is the way to do it and we won't stand for itl o Second, when reviewing the specific changes we see that under the new proposed "18.540.505 C. Develo ment Permitted Outri ht" develo meet such as off- street trails and structures u to 600 s ft would be ermitted outri ht. This is simply NOT acceptable and we do NOT support this new code section since for one, trails can fragment wildlife habitat and have negative impacts to habitat and wildlife, especially in areas that may have State listed species such as Western Pond Turtles and Migratory Songbirds. With no public input here, we Western Pond Turtles and Migratroy Songbirds. Under this new scenario, citizens would have no voice in how, when and where these trails and other structures, etc. would be built and we would have no assurance that impacts would be minimized. Under the current Conditional Use Permit, impacts to natural resources have to be addressed and we support this since it includes public input and gives greater assurance that the city of Tigard has at least to some degree, analyzed how any potential development in a park or natural area may impact wetlands, vegetated corridors, forests, etc. • 18.540.060 Develo ment Standards—These new proposed standards are so broad and general it is difficult to understand how they would affect natural resources and how they could be implemented. For example, "A and B"state no minimum lot size and width, for what?And where? There is also no maximum structure height under C;does that mean the city could build a 100 ft cell tower in a park?? "D and E"address setbacks but do not include setbacks from creeks,wetlands,steep slopes,sensitive wildlife habitat,etc. and they must. "E"gives a minimum setback of 50 ft from residential zones,so does this mean a bathroom and concession stand could be built right next to wildlife habitat or a wetland edge? Or where turtles nest????? Again,without the ability of the public to adequately comment and address these issues and standards on OUR land, it impossible for us to be informed and have a say on how our lands are protected,developed (or not),etc. and the city is actually DENYING citizens their RIGHT to engage in and participate in a fair and impartial hearing as would be the case if the Conditional Use Permit standards, etc. under Chapter 18.330 were not amended. We DO NOT support the suggested changes to the Chapter 18.330 as they currently are written. Exhibit "C" • "Low-impacts,etc. -The city's website and main page to this project state that this new zone "streamlines approval of low-impact and minor park improvements,such as playgrounds and small picnic shelters." 5o here the big question is-WHO DETERMINED THAT THESE DEVELOPMENTS ARE LOW-IMPACT????? That is for citizens to decide since we OWN these lands in question and we have the right to determine if and when any changes will be made to these areas, regardless of what that change may be. Playgrounds and picnic shelters can have a huge,negative impact to wildlife and habitat if they are not sited correctly and away from wildlife and habitats. Trails are never"low-impact" if they are placed In an open space/natural area or near a natural area since they increase the amount of human disturbance to an area, bring in dogs,fragment existing wildlife habitat,etc. • Comprehensive Plan — I was on the committee that revised the Parks, Recreation and Open Space section of our Comprehensive Plan(CP)which had high citizen support and resulted in the following language; Policy 6—The City shall acquire and manage some open spaces to solely provide protection of natural resources....",and Policy 17—"The city shall maintain and manage its parks and open space resources in ways that preserve,protect and restore Tigard's natural resources, including rare, or state and federal listed species.....". These two policies had wide citizen support and were adopted by the city. We do not believe that the proposed code amendment would carry out these policies but rather would go against these policies by creating potential harm to our natural resources through development of trails,structures, etc. in areas not suitable for such development, especially in areas where listed or rare species such as Turtles occur. Without full citizen oversight, including the ability to comment and have input on any type of development,the CP and these policies will not be implemented. This rewriting of the CP by citizens is an example of how important and serious citizens of Tigard take the protection and conservation of our natural resources for both current and future generations. And this directly relates to the subject we are discussing here, mainly what to allow or not allow for development in our parks and open spaces,and who gets to decided what to allow or not allow? Natural Resources Section of CP—I was also on the committee to rewrite this section of the CP. Policy 4 of this section states that"The city shall actively coordinate and consult with landowners, local stakeholders,and government jurisdictions and agencies regarding the inventory,protection and restoration of natural resources". The proposed amendment changes would circumvent the purpose of this policy by not allowing citizens to "actively"participate in how natural resources are protected when development in parks and open spaces is proposed. It is crucial that citizens retain this right to protect and preserve our natural resources for us and future generations. i • Exhibit "C" In conclusion,we would support the following: • Establish a new Parks, Recreation and Open Space/Natural Areas Zone but only if the following occurs: • Establish a natural resources committee made up of local natural resource stakeholders including Fans of Fanno Creek,that would develop a "Natural Resource"section of this new zone and what is allowed or not allowed in parks and natural areas (if parks have natural areas in them). • All developments would be subject to public comment/oversight via the current Conditional Use Permit process. Doing the above would help to ensure citizens are not denied their right to have a voice in what occurs on public lands, including what types of development, not matter what it is, is done correctly and in such a manner that it does not harm wildlife or habitats, but rather is done in such a manner to protect and conserve our remaining natural resources. Thank you for your consideration in this matter. Sincerely, Sue BeiIke Board member, Fans of Fanno Creek yak Agenda Item: #5 Hearing Date: November 18,2013 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION 1. APPLICATION SUMMARY CASE NAME: PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT CASE NO.: Development Code Amendment (DCA) DCA2013-00003 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish use regulation and development standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. The proposed text and map amendments for the Planning Commission's review are included in Attachments 1 and,and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Chapters 18.330& 18.540: Citywide LOCATION: Citywide and properties identified in the Attached Maps. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2, 8, 9, and 10; and Community Development Code Chapters 18.380 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1) and map amendments (Attachments 2 and 3): with any alterations as determined through the public hearing process,and make a final recommendation to the Tigard City Council. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC REARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 9 • • SECTION III. BACKGROUND INFORMATION & PROJECT SUMMARY The purpose of the Parks Zone project is to update the city's land use regulations for public parks and recreational facilities. This update is necessary to address the inadequacies and inconsistencies of existing regulations, which can significantly increase permitting timetables and construction costs of both minor and major improvements to public parkland. These inadequacies ate being amplified as the city attempts to implement its Parks System Master Plan. The city adopted its Park System Master Plan in 2009,which outlined the need to acquire park property and construct park improvements to preserve open spaces, enhance water quality and provide recreational opportunities. On November 2, 2010, Tigard voters passed a $17 million general obligation bond to fund the purchase of real property for parks and to fund a limited amount of park improvements within a set period of time. The vehicle for these administrative improvements would be the creation of a new parks zone and associated chapter within the Tigard Community Development Code (Chapter 18). Unlike other cities across Oregon,the City of Tigard lacks a dedicated zone for publicly owned and/or community recreation land uses. At present there is not a specific zone for parkland within the city, resulting in the city's parkland being subject to a patchwork of base zone regulations. Most of the city's zoning districts, including all residential districts, allow public parks as a conditional use. This process is appropriate for certain park improvements that can lead to neighborhood impacts, such as ballfields or event facilities. This same process can also be administratively burdensome and consuming for pocket parks and low-impact recreational improvements such as trails, small parking facilities, and restrooms. A new parks zone will allow the City to assign a more appropriate level of review based upon the potential impact to nearby residents and public facilities. To address these ongoing issues, City staff have developed draft development code amendments that would change how the city regulates publicly owned parkland.These amendments would result in a more efficient and nuanced approach than presently exist, providing greater flexibility to the city and enhanced protections to neighbors. As proposed, the new code language would result in the following: Amend the Tigard Development Code and Tigard Zoning Map as follows: o Text Amendments to Chapter 18.330 (Conditional Use Permit) to remove existing development standards for Community Recreation and Parks type uses. o Text Amendments to create Chapter 18.540 (Parks and Recreation Zone) to establish the purpose of the new zone,where it applies, use regulations,and development standards. o Map amendments to apply the new Parks and Recreation Zone to approximately 500 acres of city owned parkland and greenways. Would be applied only to publicly owned properly. Private property would not be rezoned to public parkland, nor is it allowed to be under the corresponding text amendments that establish where the zone may be applied. • Would maintain all existing natural resource protections.A significant portion of the city's parkland and greenways contain steep slopes, wetlands, floodplain and other resources. No changes are proposed to sensitive lands inventories or regulations, and land use review will still occur when development is proposed within these areas. - Would enable the City to more efficiently spend public tax revenue consistent with the Parks Master Plan and the Tigard Park Bond. Minor park improvements generally associated with "passive recreation" type uses with few off-site impacts would be exempt from land use review, provided they met all development standards and were not located in a sensitive lands area. Examples of these type of improvements include trails,playgrounds,and small structures less than 600 square feet in size. Would still require a public hearing for potentially high-impact park improvements that may present compatibility issues with the neighborhood,such as ballfield lights or parking lots. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,Sl'AFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 9 411/ I Would improve and expand upon existing development standards to ensure future park improvements are compatible with adjacent residential development. This includes new setback requirements, buffering standards, and lighting limitations that vary by the type and size of facility being developed. For example, playgrounds and picnic shelters would be regulated differently than aquatic centers and ballfields for organized sports. Update the code to better accommodate the types of park amenities desired by local residents. SECTION IV. APPLICABLE CRITERIA,FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Oregonian newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC, planning staff published a project website,mailed notice of the project to approximately 2,223 household residents, and posted notice of the project in all developed city parks. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic Development goals and policies is discussed later in this report under Tigard Comprehensive Plan Goal 9.1 and associated policies. This goal is satisfied. Statewide Planning Goal 10—Housing This goal seeks to provide for the housing needs of citizens of the state. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing goal and policies is discussed later in this report under Tigard Comprehensive Plan Goal 10.2 and associated Policies. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 9 • APPLICABLE PROVISIONS OF THE METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN METRO planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the regional land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Urban Growth Management Functional Plan, only certain standards within Title 12 apply. TITLE 12: PROTECTION OF RESIDENTIAL NEIGHBORHOODS 3.07.1210 Purpose and Intent Existing neighborhoods are essential to the success of the 2040 Growth Concept. The intent of Title 12 of the Urban Growth Management Functional Plan is to protect the region's residential neighborhoods. The purpose of Title 12 is to help implement the policy of the Regional Framework Plan to protect existing residential neighborhoods from air and water pollution, noise and crime and to provide adequate levels of public services. 3.07.1240 Access to Parks and Schools A. Each city and county shall,within two years following adoption by the Metro Council of a process and criteria for such standards, establish a level of service standard for parks and greenspaces that calls for a park facility within a specified distance of all residences. B. To make parks and greenspaces more accessible to residents of Inner and Outer Neighborhoods and all residents of the region, each city and county shall provide for access to parks and greenspaces by walking,biking and transit,where transit is available or planned. C. To make parks and schools more accessible to neighborhood residents, to reduce traffic, and to use land more efficiently, cities, counties, park providers and school districts shall, where appropriate, provide for shared use of school facilities for park purposes and of park facilities for school purposes. D. To make public schools more accessible to neighborhood residents, cities, counties and school districts shall prioritize school sites that are near concentrations of population and are connected to those concentrations by safe and convenient walking, biking and, where transit is available or planned,transit facilities. FINDING: The proposed amendments would support implementation of the Metro Urban Growth Management Functional Plan by supporting access to parks and greenspaces. This support would result from the removal of the requirement for a conditional use permit for trails and other low-impact parkland improvements, and providing more flexible development standards. Allowing placement of the Parks and Recreation Zone in any Comprehensive Plan land use designation will ensure access to concentrations of population. Proposed location and development standards encourage shared or integrated school and park facilities through reduced setbacks and allowing placement of the zone on land owned by other public agencies. As a result the proposed amendments meet these criterion. CONCLUSION: Based on the findings above, staff finds that the proposed code text amendment is consistent with the Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because the Development Code Amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. 'AG AIM PARKS ZONE PROJECT DENELOPMENI'CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPORT TO TIIF.PI.ANNING COMMISSION PAGE 4 OF 9 • • FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390.060 (Type IV Procedures). Notices were sent by US Postal Service to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Oregonian newspaper prior to the hearing. After the Planning Commission public hearing, additional notice will be published prior to the City Council hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. In excess of the requirements of the TDC,planning staff published a project website,mailed notice of the project to approximately 2,223 household residents, and posted notice of the project in all city parks. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text and map amendments were sent to affected agencies were invited to comment on the proposal, as required by Section 18.390.060 (Type IV Procedures) and discussed in Section VII of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is met. Policy 2.1.7: The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed Use; D. Industrial; E. Overlay districts where natural resource protections or special planning and regulatory tools are warranted; and F. Public Services FINDING: The proposed text and map amendments will implement the comprehensive plan by providing for a location, use regulations, and development standards for needed parkland and recreational facilities. This policy is satisfied. Policy 2.1.12: The City shall provide a wide range of tools, such as planned development, design standards, and conservation easements that encourage results such as: A. High quality and innovative design and construction; B. Land use compatibility; C. Protection of natural resources; D. Preservation of open space; and E. Regulatory flexibility necessary for projects to adapt to site conditions. FINDING: The proposed text amendments will result in more robust land use standards for the development or improvement of parkland and greenspaces in a manner that is compatible with surrounding development and with sufficient flexibility to adapt to site conditions. This policy is satisfied. Policy 2.1.15: Policy 2.1.20: The City shall periodically review and, if necessary, update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. FINDING: The proposed amendments are in response to an increasing community need for more recreational TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE.\MI:NDMENI' DC,\2013-00003 11/18!2013 PUBLIC 1-IE.\RING,S \J I REPORT TO TI IE PI,.-ANNING COMMISSION PAGE 5 01,9 • opportunities. The proposed use and development standards have been drafted to provide flexibility and adaptability to evolving recreational needs and varied site conditions. This policy is satisfied. Policy 2.1.21 The City shall require all development to conform to site design/development regulations. FINDING: The proposed amendments will require all development within the Parks and Recreation Zone to conform to site design and development regulations, even when exempted from site development review or conditional use permit review. This policy is satisfied. Policy 2.1.23 The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibihty between it and adjacent existing and future land uses. FINDING: The proposed amendments include use regulations and development standards to ensure compatibility between future development within the Parks and Recreation Zone and adjacent development and public facilities. This policy is met. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value, livability, and attractiveness. FINDING: The proposed amendments include design standards that will protect community livability b} promoting the development of community recreation within the City, and in a manner that is compatible with surrounding land uses and public facilities. This policy is met. Comprehensive Plan Goal 8: Parks,Recreation,Trails and Open Space Goal 8.1 Provide a wide variety of high quality park and open spaces for all residents,including both: A. Developed areas with facilities for active recreation; and B. Undeveloped areas for nature-oriented recreation and the protection and enhancement of valuable natural resources within the parks and open space system. FINDING: The proposed amendments provide a designated zone,use regulations, and development standards to support both active recreation and nature-oriented parks. This policy is satisfied. Policy 8.1.2 The City shall preserve and,where appropriate, acquire and improve natural areas located within a half mile of every Tigard resident to provide passive recreational opportunities. Policy 8.1.4 The City shall endeavor to develop neighborhood parks [or neighborhood park facilities within other parks, such as a linear park] located within a half mile of every resident to provide access to active and passive recreation opportunities for residents of all ages. FINDING: The proposed amendments provide a designated zone for public parks and recreation land uses that can be applied in all parts of the city. The applicable use regulations and development standards provide for both active and passive recreation. These policies are satisfied. Policy 8.1.5 The City shall develop other parks, including linear parks, special use facilities, urban plazas, skate parks, and pet areas, consistent with the descriptions and standards contained in the park system master plan. FINDING: The proposed text amendments provide use regulations and standards that are consistent with the City's park system master plan. This policy is satisfied. Policy 8.1.11 The City shall ensure that the community at large is adequately informed of recreation opportunities and programs; issues affecting park, open space, and recreation services; and volunteer opportunities. FINDING: As detailed in findings pertaining to Statewide Planning Goal 1, and comprehensive Plan Goal 1 and its associated policies, the community at large has been adequately informed of the proposed text amendments. This policy is satisfied. TIGARID PARKS ZONIi.1,ROJ1 C'l'DEVELOPMENT CODE,1MENDMEN'I' IC.\2013-00003 11/18i 2013 PUBLIC HEARING,STAFF REPOR'1"I'0"I'IIR PLANNING COMMISSION PAGI:6 OF 9 Goal 8.2 Create a Citywide network of interconnected on- and off-road pedestrian and bicycle trails. Policy 8.2.1 The City shall create an interconnected regional and local system of on- and off-road trails and paths that link together neighborhoods, parks, open spaces, major urban activity centers, and regional recreational opportunities utilizing both public property and easements on private property. FINDING: The proposed amendments provide for more efficient development of off-street pedestrian and bicycle trails by removing the need for a conditional use permit. This policy is satisfied. Policy 8.2.2 The City shall design and build greenway trails and paths to minimize their impact on the environment, including on wildlife corridors and on rare, and state or federally listed species. FINDING: The proposed text amendments will still require all new development within the parks and recreation zone, including trails and paths, to comply with all other applicable requirements of the Tigard Development Code. Chapter 18.210 (General Administrative Provisions) requires all development within the City to be compliant with all applicable state and federal laws, including those pertaining to environmental regulation and protection. Chapter 18.775 (Sensitive Lands) will still require protection of specified environmental resources as part of any development within the parks and recreation zone. This policy is satisfied. Comprehensive Plan Goal 9: Economic Development Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. FINDING: Parks and recreational facilities are a recognized component of a prosperous and attractive city as they provide visual contrast and experiential relief from the built environment to residents, visitors and employees of the City. The proposed amendments will provide a location and standards for public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent uses. This goal is met. Policy 9.3.2 The City shall adopt land use regulations and standards to ensure a well-designed and attractive urban environment that supports/protects public and private sector investments. FINDING: Parks and recreational facilities are a recognized component of an attractive city as they provide visual contrast and experiential relief from the built environment. The proposed amendments will provide a location and standards for the development of public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent uses, both residential and commercial. This policy is met. Comprehensive Plan Goa110: Housing Goal 10.2 Maintain a high level of residential livability. FINDING: Parks and recreational facilities can contribute to a high level of residential livability, particularly when located near residential land uses. Whether designed for passive or active recreation,parks and grenways provide for visual contrast and experiential relief from the built environment. The proposed amendments will provide a location and standards for public parks and recreation facilities. The amendments will also provide use regulations and development standards to ensure compatibility with adjacent residential land uses. This goal is met. Policy 10.2.1: The City shall adopt measures to protect and enhance the quality and integrity of its residential neighborhoods. FINDING: The proposed amendments create a zone for the placement of parks, greenspaces and recreation facilities in all residential neighborhoods. The presence of parks, greenspaces, and recreation facilities within a residential neighborhood will enhance their quality by providing centers for activity and both visual and experiential relief from the built environment. Use regulations and development standards are included in the amendments to ensure development within the parks and recreation zone is compatible with adjacent residential land uses and public facilities. This policy is met. Policy 10.2.8: The city shall require measures to mitigate the adverse impacts from differing, or mote TIGARD PARKS ZONE PROJ1C'1'DEMFLOPMP:NI'CODE AMENDMENT DC.\2013-00003 11/]8/2013 PUBLIC liE.1RING,ST.AI I'REPORT TO THIS PLANNING COMMISSION PAGE 7 OF 9 intense, land uses on residential living environments,such as: A. Orderly transitions from one residential density to another; B. Protection of existing vegetation,natural resources and provision of open space areas;and C. Installation of landscaping and effective buffering and screening. FINDING: The proposed text amendments include use regulations and development standards to prevent or mitigate adverse impacts to adjacent uses. Development standards include setbacks, height restrictions, and off-site impact standards. All development within the Parks and Recreation zone will be subject to all other provisions of the Tigard Development Code, including landscaping and buffering standards (Chapter 18.745), Sensitive Lands (Chapter 18.775),and Urban Forestry(18.790). This policy is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. FINDING: The proposed text and map amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council This standard is met. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5)Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is met. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed code text and map amendments are consistent with the applicable Statewide Planning Goals, the Metro Urban Growth Management Functional Plan,applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. No federal or state statutes or regulations were found to be applicable. SECTION V. STAFF ANALYSIS Proposed code amendments are organized by Development Code chapter number in each attachment. Even- numbered pages contain commentary on the amendments, which are contained on the opposite (following) odd-numbered page.The commentary establishes,in part,the legislative intent in adopting these amendments. SECTION VI. OTHER ALTERNATIVES No Action — The code would remain unchanged. Conditional Use Permit review would continue to be required for all new parks, and for major modifications to existing parks. Improvements proposed within the park would also be subject to a patchwork of base zone regulations, providing inconsistent protection for adjacent residential land uses. TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11;18/2013 PUBLIC HEARING,ST kFF REPORT'1'O THE PLANNING COMMISSION PAGE 8 OF 9 11 I SECTION VII. AGENCY COMMENTS City of Tigard Public, City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City,Washington County, METRO, ODOT, Oregon Department of Energy, DLCD, DEQ, ODFW, CWS, Portland Western and Southern Pacific Railroads, Beaverton School District,Tigard Tualatin School District,Tri-Met,Tigard Water District,Tualatin Hills Parks and Rec District,and TVF&R were notified of the proposed code text amendment but provided no comment. The Tigard Police Department was notified of the proposal and had no objections. The Bonneville Power Administration commented in a letter dated November 5, 2013 (Attachment 4). This letter states that the Bonneville Power Administration (BPA) has no objection to the proposal provided the high voltage transmission line rights-of-way and fee-corridor will not be adversely affected. Moreover, it requested die coordination of land uses within these corridors and prior review by BPA of all "underground utilities, fences, planting trees, parking, pools, trees, and construction", and applications submitted for all development within BPA's tight of way. In response to this comment, language has been added to the proposed amendments in Attachment 1 that will ensure coordination occurs. SECTION VIII. PUBLIC COMMENTS Comments were received from two members of the public in the form of two separate mails. The first was from Brian Wegener of the Tualatin Riverkeepers and dated October 31, 2013 (Attachment 5). In response to his comments, staff has included outdoor sales as a conditional use within the new zone, subject to restrictions. The remainder of the comments are already addressed in the sensitive lands chapter, or issues better addressed at the time of permit review. The second was from Allan Solares and dated November 6, 2013 (Attachment 6). In response to his letter staff has corrected internal inconsistencies in the code language and clarified language regarding outdoor sound systems, stages, and development standards when adjacent to a public school. No further changes are recommended by staff as these issues are already provided for in the draft language or are outside the scope of the project. ATTACHMENTS: Attachments: 1. Draft Text Amendments. 2. Draft Map Amendment 3. List of City-Owned properties affected by the amendments. 4. Letter from Department of Energy (November 5,2013) 5. Email from Brian Wegener of Tualatin Riverkeepers (October 31,2013) 6. Email from Allan Solares (November 6, 2013) November 12.2013 P D BY: John Floyd DATE Associate Planner November 12.2013 APPRO D Y: Tom Mc uire DATE Assistant Community Development Director TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT DCA2013-00003 11/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 9 Attachment "1" CITY OF TIGARD PARKS ZONE PROJECT PROPOSED DEVELOPMENT CODE AMENDMENTS DCA2013-00003 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd,Tigard, OR 97223 503-718-2429 / johntl@tigard-or.gov S • Staff Commentary This document is intended to be read in book format,with proposed text amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter(18.540)as set forth below. Proposed changes are indicated by the use of strikethretigita to indicate language to be removed. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 2 • • Proposed Text Amendments CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose INo change proposed) 18.330.020 Approval Process /No ehaage proposed] 18.330.030 Approval Standards and Conditions of Approval [I\o change proposed.,) 18.330.040 Additional Submission Requirements (No change proposed) 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: a. All building sctbaelts shall bea minimum of 30 feet from any property line; • ca-with a fenced area of less �1 TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 11,2013 3 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments included on the opposite page include the purpose of the zone,its short name for use on the zoning map,and where the zone is applied. Language proposed in 18.540.030 (Where the Zone is Applied) reflects the intended purpose of the zone,namely acknowledgement that the land is in public ownership and intended for development of parks and other community recreation facilities,and is not intended as a general open space zone to be applied to public and private property. As proposed,the zone is not intended or allowed on privately owned property. T7GARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 4 • Proposed Text Amendments CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18.540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including: A. Providing opportunities for both active and passive recreational facilities to meet neighborhood community and regional needs; B. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity,improve public health,and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource: F. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics,program needs,and external regulatory requirements;and G. Allowing for the efficient implementation of plans and improvements to parks.recreational facilities and open areas with appropriate reviews where compatibility issues may arise- 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks. open space, and recreational facilities and may be applied within all Comprehensive Plan Designations. City owned parks, open space.and recreational facilities located in a plan district may retain or receive other than a Parks & Recreation Zone designation if it better furthers the goals of the plan district. In addition, other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. TIGARD PARKS'ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 5 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.010. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAIT—November 12,2013 6 1110 Proposed Text Amendments 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,inventoried hazards,and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title. 18.540.050 Use Regulations A. Types of uses. For the purposes of this chapter,there are three types 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. 2. A conditional use (C) 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 18.330 (Conditional Use). 3. A prohibited (N) use is one that is not permitted in a zoning district under any circumstances. B. Use table.A list of permitted,conditional and prohibited uses in the Parks & Recreation Zone is presented in Table 18.540.1. TABLE 18,540.1 USE TABLE: PARKS & RECREATION ZONE Land Use Category Use Type RESIDENTIAL Household Livinp Imo' Group Living N Transitional Housing N Home Occupation N CIVIC Basic Utilities C Colleges N Community Recreation P/C1 Cultural Institutions C Day Care Emergency Services N Medical Centers _ Ni Postal Service N_ Religious Institutions �T Schools Social/Fraternal Clubs/Lodges N TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 7 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Table 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.010. While the zone is intended primarily for community recreation land uses, outdoor sales and eating and drinking establishments are proposed as conditional land uses with restrictions,in order to allow limited concessions within a city park. This would include things like food and beverages and recreational equipment rentals. TTG.ARD PARKS ZONE PROJECT PLANNING COMMISSION DR4141I —November 12,2013 8 i Proposed Text Amendments COMMERCIAL Commercial Lodging Custom Arts and Crafts N Eating and Drinking Establishments Major Event Entertainment Outdoor Entertainment N Indoor Entertainment N Adult Entertainment Nl Sales-Oriented C3 Personal Services N Repair-Oriented N Bulk Sales Ni Outdoor Sales Animal-Related N Motor Vehicle Sales/Rental N_ Motor Vehicle Servicing/Repair Vehicle Fuel Sales N_ Office C3 Self-Service Storage N Non-Accessory Parking N INDUSTRIAL Industrial Services N Light Industrial General Industrial N Heavy Industrial N Railroad Yards N Research and Development N Warehouse/Freight Movement N Waste-Related N Wholesale Sales N OTHER • Agriculture / Horticulture P C' Cemeteries N Detention Facilities N Heliports N Mining N Wireless Communication Facilities 121. C" Rail Lines / Utility Corridors C P=Permitted C=Conditional Use N=Not Permitted TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12, 2013 9 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The text amendments on this page constitute one of the biggest changes from existing regulations. In contrast to present regulations where community recreation is a conditional use in almost all zones, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities" and by themselves do not have a high likelihood of creating off-site impacts. The size threshold for small structures (600 square feet) was chosen as it is approximately the same size limit as that applied to accessory structures on residentially zoned lots (528 square feet). These structures would be required to adhere to stricter setbacks than residential accessory structures, when adjoining a residentially zoned lot (see proposed development standards in 18.540.060 below). According to the Parks Department, most small structures are under 500 square feet in size. The code proposes 600 square feet to provide flexibility in future park programming. A picnic area designed to accommodate groups of less than 25 would be defined as open area with either a hard or soft surface pad that accommodates up to two or maybe three picnic tables — depending on size. TTG 4RD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 10 S • Proposed Text Amendments [1] See Subsection 18.540.050.C-D for use type determination. [2] Restricted to activities and facilities focused on environmental education. [3] Permitted only when accessory to a Community Recreation land use. [4] See Chapter 18.798,Wireless Communication Facilities. C. Development Permitted Outright. When associated with a Community Recreation land use,the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply. 1. Park furnishings such as play equipment,picnic tables,benches,bicycle racks.public art trash receptacles and other improvements of a similar nature. 2. Fences. 3. Off-street,multi-use trails. 4. Structures up to 600 square feet in size,and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields, courts, arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 11 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments on the opposite page establish development types subject to Conditional Use Permit review. These types can be generally described as more "active recreational facilities" which are likely to generate off-site impacts and require additional review on a site-by-site basis. In response to a comment letter from the Bonneville Power Administration,development within a high voltage transmission line right-of-way has been made a conditional use to ensure they are notified of the proposed development and have an opportunity to comment. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 12 • • Proposed Text Amendments D. Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval, as set forth in Chapter 18.330 Conditional uses. 1. Pools and aquatic centers,both indoor and outdoor. 2. Community and Senior Centers providing a focus for recreational, social,education and cultural activities. These may include gymnasiums.indoor tracks and fitness areas, meeting rooms,office and kitchen space and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5. Off-street parking areas. 6. Recreational fields, courts, arenas and associated structures for organized sports and competitions. 7. Stages and Amphitheaters. 8. Dog parks. 9. Community gardens in excess 5,000 square feet. 10. Structures in excess of 600 square feet.and/or more than 15 feet high. 11. Outdoor amplified sound systems. 12. Illuminated athletic fields, courts,and other outdoor recreational facilities intended to be used after sunset. 13. Camping. unless associated with an approved temporary or seasonal event as set forth in 18.785 Temporary Uses. 14. Golf courses,including club houses and driving ranges. 15. Development within a high voltage transmission line right of way. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 13 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone, as set forth below. New language to be inserted into the code is marked by the use of underlining. The proposed text amendments on this page establish new development standards for the Parks and Recreation Zone. At present,development within parks is subject to a uniform 30 foot setback for all structures,and a variety of base zone regulations for things like lot size,width,coverage, height limits,and so forth. The new standards are intended to provide greater flexibility in park programming, while providing enhanced setbacks for certain development types adjacent to residential zones. For example, small shelters may be built closer to adjoining residential development than currently permitted,while bathrooms and illuminated playgrounds must adhere to stricter setbacks than currently required. TTGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—Norember 12,2013 14 • • Proposed Text Amendments 18,540.060 Development Standards Development within the zone must comply with the following development standards, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None. C. Maximum Structure Height. None,except structures within 100' of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None, except where abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks,basketball courts soccer fields,and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use, the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330. F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones. Where a bathroom or concession stand abuts a school use on a residentially zoned property,the setback is reduced to zero. TTG.ARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 15 11) Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Parking requirements for dog parks were transferred unchanged from existing CUP approval criteria,with the exception of dog parks less than '/s acre in size. TIGARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT—November 12,2013 16 • • Proposed Text Amendments G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking&Loading Requirements) with the following exceptions: 1. Minimum parking requirements shall only apply to conditional uses in this zone. Outright permitted uses are exempt from minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces, and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one-acre shall provide a minimum of three off-street parking spaces,and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one-half acre are exempt from minimum parking requirements. H. Signs. Signs in the Parks&Recreation Zone shall comply with the regulations applicable to non-residential land uses in residential zones,as set forth in Subsections 18.780.130.A and B of this 'Tide. I. Lights &Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition,glare sources shall be hooded, shielded, or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties. 77GARD PARKS ZONE PROJECT PLANNING COMMISSION DRAFT November 12,2013 17 • • Attachment"3" Parks Zone Project DCA2013-00003 Affected City Owned Properties Existing NAME ACRES TYPE CATEGORY Zoning MORLAN PLUMBING GREENWAY-99W 0.29 G Natural C-G BONITA PARK 5.58 P Improved I-L POTSO DOG PARK 1.81 P Special Use I-L KNEZ WETLAND-HWY 217 0.79 G Natural I-L BROWN PROPERTY(METRO) 12.09 G Natural I-L GREENBURG RD 0.11 G Natural MUC COMMERCIAL PARK 0.73 P Improved MU-CBD JIM GRIFFITH MEMORIAL SKATE PARK 0.45 P Special Use MU-CBD MAIN ST PARK 0.33 P Improved MU-CBD LIBERTY PARK 0.28 P Improved MU-CBD FANNO CREEK HOUSE 1.60 G Future MU-CBD ASH AVENUE DOG PARK 0.35 P Special Use MU-CBD FANNO CREEK PARK 29.66 P Improved MU-CBD NORTHVIEW PARK 3.50 P Improved R-12 COLONY CREEK GREENWAY-WALL ST 9.80 G Natural R-12 FANNO CREEK GREENWAY-TIGARD ST 4.40 G Natural R-12 GRANT AVE GREENWAY-GRANT AVE 0.95 G Natural R-12 RIVERVIEW ESTATES GREENWAY-BONANZA WY 3.35 G Natural R-12 SHADY LANE GREENWAY-SHADY LN 1.97 G Natural R-12 FANNO CREEK DR NORTH OF BONITA 0.10 G Natural R-12 GRANT AVEGREENWAY-GRANTAVE 1.07 G Natural R-12 BAGAN PROPERTY 2.90 P Future R-12 DOVER GREENWAY-DOVER CT 1.64 G Natural R-2 WINTER LAKE GREENWAY-135TH AVE 8.88 G Natural R-25 CLUTE 1.36 G Natural R-25 135TH AVE 0.23 G Natural R-25 WILLOWBROOK FARM 0.16 G Natural R-25 FIELDS PROPERTY 25.60 P Future R-25 EAST BUTTE HERITAGE PARK 2.62 P Natural R-3.5 121 TURNAROUND 0.13 G Natural R-3.5 COOK PARK 75.01 P Improved R-4.5 SENN PARK 0.25 P Future R-4.5 SUMMER LAKE PARK 29.83 P Improved R-4.5 WINDMILL PARK 0.13 P Natural R-4.5 WOODARD PARK 10.29 P Improved R-4.5 BERKELY/COPPER GREENWAY-RIVERWOOD LN 5.27 G Natural R-4.5 BLACK BULL GREENWAY-IRONWOOD LOOP 2.91 G Natural R-4.5 BROOKWAY GREENWAY-124TH &ANN CT 2.25 G Natural R-4.5 I . . Attachment "3" GAARDE ST GREENWAY-GAARDE ST 12.45 G Natural R-4.5 GENESIS GREENWAY-GENESIS LOOP 3.24 G Natural R-4.5 GENTLE WOODS GREENWAY-76TH AVE 1.27 G Natural R-4.5 HUNTERS GLEN GREENWAY-115TH AVE 2.57 G Natural R-4.5 JACK PARK GREENWAY-124TH &ANN CT 2.39 G Natural R-4.5 MARY WOODWARD GREENWAY-121ST AVE 7.35 G Natural R-4.5 MEADOWGLADE GREENWAY-113TH PL 4.88 G Natural R-4.5 MORNINGSTAR GREENWAY-BENCHVIEW TER 8.37 G Natural R-4.5 NOVARE GREENWAY-NOVARE PL 1.76 G Natural R-4.5 PATHFINDER GREENWAY-PATHFINDER WY 1.93 G Natural R-4.5 PICK'S LANDING GREENWAY-RIVERWOOD LN 5.77 G Natural R-4.5 REBECCA GREENWAY-CHATEAU LN 1.19 G Natural R-4.5 SCHECKLA GREENWAY-SCHECKLA DR 1.40 G Natural R-4.5 SUMMER CREEK GREENWAY-121ST AVE 4.80 G Natural R-4.5 SUMMER HILLS GREENWAY-WINTER LAKE DR 3.41 G Natural R-4.5 TERRACE TRAILS GREENWAY-TERRACE TRAILS DR 2.80 G Natural R-4.5 TUALATIN DRIVE GREENWAY-TUALATIN DR 1.98 G Natural R-4.5 VENTURA ESTATES GREENWAY-74TH AVE 4.45 G Natural R-4.5 YOLO ESTATES GREENWAY-WALNUT ST 2.36 G Natural R-4.5 TIPPIT PLACE WETLANDS 0.61 G Natural R-4.5 ENGLEWOOD PARK WEST 8.95 P Improved R-4.5 ENGLEWOOD PARK EAST 6.06 P Improved R-4.5 CLYDESDALE 0.32 G Natural R-4.5 Community 132ND AVE COMMUNITY GARDEN 0.17 G Garden R-4.5 CREEKSIDE PARK 0.79 G Natural R-4.5 JACK PARK 7.23 P Improved R-4.5 TIEDEMAN TRIANGLE 0.54 G Natural R-4.5 DIRKSEN NATURE PARK 48.04 P Future R-4.5 DARRY DELL PROPERTY 5.54 G Natural R-4.5 0.00 R-4.5 0.00 R-4.5 ELIZABETH PRICE PARK 2.55 P Improved R-7 BONITA GREENWAY-BONITA RD 2.80 G Natural R-7 BROWN CREEK GREENWAY -80TH CT 2.36 G Natural R-7 COLONY CREEK GREENWAY-FANNO CREEK LOOP 1.49 G Natural R-7 HILLSHIRE WOODS EAST GREENWAY-ASCENSION DR 17.61 G Natural R-7 HILLSHIRE WOODS WEST GREENWAY-ASCENSION DR 16.96 G Natural R-7 RENAISSANCE WOODS GREENWAY-76TH AVE 5.25 G Natural R-7 TERRAVIEW GREENWAY-TERRAVIEW DR 1.57 G Natural R-7 TURNAGAIN GREENWAY-TURNAGAIN DR 0.93 G Natural R-7 ATTACHMENT 4 . Department of Energy Bonneville Power Administration 17 1°2 ) PO Box 3621 r Portland, OR 97208-3621 V November 5, 2013 In reply refer to: TERR/3 Tract No.V-E-23-A-120 Your reference: SP-13-03 Sherwood Industrial Park Phase II 14816 SW Century Dr, Sherwood OR City of Sherwood Planning Michelle Miller, Sr. Planner Dear Mr. Floyd: Reference is made to your Notice for Tigard Parks Zone Project Development Code Amendment. Bonneville Power Administration (BPA) has no objection to this proposed. Development Code Amendment as long as the high voltage transmission line rights-of- way and fee-corridor will not be adversely affected. Note that BPA imposes certain restrictions and/or prohibitions on the use of property encumbered by our transmission line rights-of-way. BPA's typical easement prohibits structures within the right-of-way. The coordination of such land uses as underground utilities, fences,planting trees, parking, pools,trees, and construction should all be reviewed by BPA prior to such use. Applications must be submitted to BPA for any use proposed within BPA's rights-of-way. You may direct any communication to this office,Bonneville Power Administration, 503-230-7325,or by reaching me at 503-230-5500, or email at jcgoodrich@bpa.gov for information on the BPA Right-of-Way Use application process. Thank you for the opportunity to comment on this proposal. Sincerely, Julie C. Goodrich Right of Way Agent, Real Property Field Services David Evans & Associates, Contractor to Bonneville Power Administration Enclosure: Landowner's Guide ATTACHMENT 5 John Floyd From: Brian <brian@tualatinriverkeepers.org> Sent: Thursday, October 31, 2013 12:02 PM To: John Floyd Cc: Steve Martin; Paul H. Whitney Subject: Re: Parks Zone Project John, Thanks for sharing. I see a few uses that you might want to change. 1. Outdoor Entertainment is listed as"N", prohibited under any condition. I looked up the definition ( Characteristics:Outdoor entertainment consists of for-profit facilities providing active recreational uses primarily in an out-of-doors setting.),and suggest that the city may want to allow for-profit vendors to provide active recreational services at times(carnival rides at the balloon festival, equipment rentals). I would suggest that the city might want to allow Outdoor Entertainment conditionally. 2. Fences are listed as being permitted outright as long as they comply with development standards. I assume development standards prohibit fences in floodways. I think there may be a need to put conditions on fences that might impede wildlife migration in natural areas. I don't know if development standards address that. 3. Are there different development standards for passive recreation areas and active recreation areas? Clarification might be necessary to prevent conflicts between natural areas and active recreation facilities. Thanks for the opportunity to comment. Brian Wegener, Riverkeeper Advocacy&Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-486-5850 www.tualatinriverkeepers.org \On 10/31/2013 11:20 AM,John Floyd wrote: Hi Brian, So you're aware,the city is working on code amendments to change how we conduct land use reviews for public parks. I'm including a link to the project website,which includes a draft of the code amendments. You'll be receiving a public notice in the mail, but also wanted to reach out to you given your organizations interests and role. www.tigard-or.gov/pzp So it's clear,the project does not affect any of our goal 5 regulations. The idea is assign an appropriate level of review to the improvement being applied, in hopes of bringing more efficiency to the development of both passive and active recreation opportunities here in Tigard. For example, minor i • • improvements like benches and small shelters would no longer require a conditional use permit, but would still be subject to all of our sensitive lands regulations for things like floodplains, wetlands, and the like. Regards, John e ' „ t _ r 1/4;, x , 1*� DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules 'City General Records Retention Schedule," Brian Wegener, Riverkeeper Advocacy & Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-486-5850 v`°ww.tualatinri verkeep ers.org Advocacy&Communications Manager Tualatin Riverkeepers 503-218-2580 www.tualatinriverkeepers.org 2 • • ATTACHMENT 6 John Floyd From: Allan Solares<solaresam@aol.com> Sent: Wednesday, November 06, 2013 8:47 PM To: John Floyd Cc: solaresam@aol.com Subject: Parks Zone Project Proposed Code Amendments The proposed amendments are very thoughtful and useful. Here are some suggestions to try to improve their clarity,applicability or effects. Feel free to call or email to discuss. 18.540.050 C. 4. allows structures up to 600 sq ft.. This conflicts with D. 10. which requires conditional use permit for structures in excess of 500 sq ft. C. Add use for - "nonamplified and acoustic music at less than ## decibels". Add use for- Informational and educational signage. Add use for - Nature preserves (or similar purpose) Add use for- Camping associated with an approved temporary or seasonal event... (see related section in D. 13.) D.2. Move ..."...gymnasiums, indoor tracks and fitness area? to #6 which is more closely related. D.2. Don't narrow the term "Centers" with "Community and Senior" since there are many other types of centers for example Tryon Creek's conservation center. Just say "Centers..." D.7. Add - ...add "and stages" to Ampitheaters. C.7. and D.9. Increase threshold for size of community garden that is permitted outright (and conversly that requires conditional use) from 5000 square feet to 10,000 square feet. This is only about half the size of a football field, or a quarter acre. Heck you're allowing dog parks of an acre or more. D. 11. Clarify and narrow the definition of "Amplified sound systems" to focus on sound systems used outdoors, and/or above a certain decibel threshold. 18.50.060 E. "Where the outdoor facilty abuts a school use.,." --This does not take into account a location where the facility both abuts a school use and on another side abuts a residential zone. I. Require 'dark sky' lighting. Thanks for your consideration. 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MA L..'" 1/11.4: gin ..1 'bine pr Mirdirl••1:,7.••••2::fin-: -I 411Em ..........,.•.....24%1.1.•O....:..* '22 ' .....) 0 0.25 0.5 Illta.m.... 1:1414-.3%1::.•-"'..17...E1-4---.•:7-t--.1. .. • • John Floyd From: Nancy Budrow<nbudrow@frontier.com> Sent: Tuesday, November 19, 2013 1:37 PM To: John Floyd Subject: Proposed parks zoning Hello, John, Thanks for the information yesterday about the proposed parks zoning session at the planning commission meeting last night. By phone with you yesterday, I had shared my extremely positive feelings regarding my property's proximity to the Riverwood greenway, and also mentioned that my attendance at the commission meeting would be mainly to listen and gather information. I learned a lot last night, and about the time the last public comment was made, I realized that what we really must look at is a two-pronged zone--one to cover natural areas, the other to cover what many people consider traditional parks, that is, public areas offering amenities such as playground equipment, picnic shelters, ball fields, boat launch and restroom facilities. I strongly believe these two categories must be administered by separate rules: one size does not fit all. Both types of recreation are necessary and I congratulate the City of Tigard for taking steps to address future needs. As a workable example of how the needs of two such incompatible interests have been met, I offer Riverwood greenway and Cook Park. In this case, the greenway is bordered on one side by an established residential area, on another by the Tualatin River, on a third by Cook Park. The Park, a heavily used, multi-use site, borders the greenway, the Tualatin River and a wetlands area; it is buffered from residences by a considerable distance. I do not necessarily advocate for the intentional siting of two such areas side by side, but I understand the history of how this pairing came about. My concern is that natural areas receive guaranteed protection from almost all types of development with the exception of trails, and that existing residential areas bordering natural areas likewise be protected against the intrusion of "unnatural" features such as structures. I see natural areas as places to walk through (non-motorized conveyances such as bicycles and baby buggies are okay, too), but not as destination resorts nor as dog parks. With respect to signage, let's keep it to a minimum--but be sure to specify "on leash only" designations. Cordially, Nancy Budrow • Agenda Item#:_5_- Page J of 1 Date of Hearing: L t r( Case Number: c zo k S -lOjO7 • e Case Name: TICAFD Location: C tAA Tigard Planning Commission If you would like to provide comment at this session- PLEASE SIGN IN HERE Please CLEARLY print your information below and check the appropriate box to indicate your position on the issue: Name: ki I C For Address: \ 55 S►,i3 I 1 1 C�Aga.inst City, State, Zip: ❑ Neither For or Against Name: s7 - ❑ For Address: II c I - Esscic Pr, ❑ Against City, State, Zip:-T I to.r.d , U CA 7 Z Z 3 ❑ Neither For or Against Name: 61 c,,...4 ho 'r ❑ For Address: \3(, -7(O SU , (( 61.ud Un ik ❑ Against City, State, Zip: rC / O 9 72_23 ❑ Neither For or Against Name: '' .I L%� elt l?LA r <-k .,a.r e s, ❑ For Address: ,`A CZ.p Z SW IRA Sfi 0 Against City, State, Zip: r..\-`&'r d., O 2- `j 7 22 y ❑ Neither For or Against Name: ���✓ �P c11 - sco f 0 For Address: 13 (o S- ) °r ❑ Against City, State, Zip: c1 -12 ZY" ❑ Neither For or Against RECEIVE November 18, 2012 Ir/ NOV 18 2013 A�NN1N OF rIGAAb NG Planning Commission G/ENGINEEAI 13125 SW Hall Blvd.,Tigard, Oregon 97223 RE: Development Code Amendment (DCA) 2013-00003 As a board member for Fans of Fanno Creek, I am writing about the proposed changes to the above referenced development code. Fans is a local 501c3 that advocates for the protection and conservation of our natural resources in the Fanno Creek basin. We have hundreds of members in the basin including in Tigard, who work hard to protect and conserve our fish,wildlife and habitats by helping with our restoration efforts but also by simply being good stewards of the land they live on. Our comments are as follows: Regarding the proposed legislative amendments to the Tigard Development Code and Zoning Map to amend Chapter 18.330 (Conditional Use) and adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone) and amend the Zoning Map to include the new zone. • Parks, Recreation and Natural Areas Zone-While we support the general idea of a new zone,we recommend that this new zone be titled, "Parks, Recreation and Natural Areas (Open Space)" Zone. This way,the greenways/open space in Tigard stand alone as they should and it signifies the importance of these areas. For many years, I and other Tigard residents have suggested and asked city staff for this change in the wording in many documents. o The main page states "this project would result in a more efficient and nuanced approach than presently exists". It may be more efficient for development but it certainly IS NOT more efficient in the manner in which natural resources are protected and conserved. It treats parks and open spaces the same, when in reality they should not be treated the same but are quite different in what they contain, what their purpose is, what wildlife they support, what habitats they contain, etc. This needs to addressed in a separate, NEW section on Open Space/Natural Areas if there is to be a new Zone, and citizens such as myself need to be the ones determining how this will be developed. We have a number of recommendations that we are working on and we recommend a committee be developed with our group, Tualatin Riverkeepers and other natural resource stakeholders as the main members who would develop the new section, standards, etc. for Open Space/Natural Areas. r • • • • Removal of existing development standards from Conditional Use Chapter—Under this proposal a new chapter would be created with new approval processes, criteria, etc. We DO NOT SUPPORT THIS PROPOSAL for a number of reasons. o First, it would eliminate the ability of citizens who own these lands to adequately comment on and weigh in on what development could happen on these lands. If Tigard wants to take away our right to determine how these lands are protected, developed, etc.this is the way to do it and we won't stand for itl o Second,when reviewing the specific changes we see that under the new proposed "18.540.505 C. Development Permitted Outright", development such as off- street trails and structures up to 600 sq ft would be permitted outright. This is simply NOT acceptable and we do NOT support this new code section since for one, trails can fragment wildlife habitat and have negative impacts to habitat and wildlife, especially in areas that may have State listed species such as Western Pond Turtles and Migratory Songbirds. With no public input here, we Western Pond Turtles and Migratroy Songbirds. Under this new scenario, citizens would have no voice in how, when and where these trails and other structures, etc. would be built and we would have no assurance that impacts would be minimized. Under the current Conditional Use Permit, impacts to natural resources have to be addressed and we support this since it includes public input and gives greater assurance that the city of Tigard has at least to some degree, analyzed how any potential development in a park or natural area may impact wetlands, vegetated corridors, forests, etc. • 18.540.060 Development Standards—These new proposed standards are so broad and general it is difficult to understand how they would affect natural resources and how they could be implemented. For example, "A and B" state no minimum lot size and width,for what?And where? There is also no maximum structure height under C; does that mean the city could build a 100 ft cell tower in a park?? "D and E" address setbacks but do not include setbacks from creeks,wetlands, steep slopes,sensitive wildlife habitat, etc. and they must. "E"gives a minimum setback of 50 ft from residential zones, so does this mean a bathroom and concession stand could be built right next to wildlife habitat or a wetland edge? Or where turtles nest????? Again,without the ability of the public to adequately comment and address these issues and standards on OUR land, it impossible for us to be informed and have a say on how our lands are protected, developed (or not), etc. and the city is actually DENYING citizens their RIGHT to engage in and participate in a fair and impartial hearing as would be the case if the Conditional Use Permit standards, etc. under Chapter 18.330 were not amended. We DO NOT support the suggested changes to the Chapter 18.330 as they currently are written. • • • "Low-impacts, etc. -The city's website and main page to this project state that this new zone "streamlines approval of low-impact and minor park improvements,such as playgrounds and small picnic shelters." So here the big question is—WHO DETERMINED THAT THESE DEVELOPMENTS ARE LOW-IMPACT????? That is for citizens to decide since we OWN these lands in question and we have the right to determine if and when any changes will be made to these areas, regardless of what that change may be. Playgrounds and picnic shelters can have a huge, negative impact to wildlife and habitat if they are not sited correctly and away from wildlife and habitats. Trails are never "low-impact" if they are placed in an open space/natural area or near a natural area since they increase the amount of human disturbance to an area, bring in dogs,fragment existing wildlife habitat, etc. • Comprehensive Plan — I was on the committee that revised the Parks, Recreation and Open Space section of our Comprehensive Plan (CP)which had high citizen support and resulted in the following language; Policy 6—The City shall acquire and manage some open spaces to solely provide protection of natural resources....",and Policy 17—"The city shall maintain and manage its parks and open space resources in ways that preserve, protect and restore Tigard's natural resources, including rare, or state and federal listed species ". These two policies had wide citizen support and were adopted by the city. We do not believe that the proposed code amendment would carry out these policies but rather would go against these policies by creating potential harm to our natural resources through development of trails, structures, etc. in areas not suitable for such development, especially in areas where listed or rare species such as Turtles occur. Without full citizen oversight, including the ability to comment and have input on any type of development,the CP and these policies will not be implemented. This rewriting of the CP by citizens is an example of how important and serious citizens of Tigard take the protection and conservation of our natural resources for both current and future generations. And this directly relates to the subject we are discussing here, mainly what to allow or not allow for development in our parks and open spaces, and who gets to decided what to allow or not allow? Natural Resources Section of CP— I was also on the committee to rewrite this section of the CP. Policy 4 of this section states that"The city shall actively coordinate and consult with landowners, local stakeholders, and government jurisdictions and agencies regarding the inventory, protection and restoration of natural resources". The proposed amendment changes would circumvent the purpose of this policy by not allowing citizens to "actively" participate in how natural resources are protected when development in parks and open spaces is proposed. It is crucial that citizens retain this right to protect and preserve our natural resources for us and future generations. • • In conclusion,we would support the following: • Establish a new Parks, Recreation and Open Space/Natural Areas Zone but only if the following occurs: • Establish a natural resources committee made up of local natural resource stakeholders including Fans of Fanno Creek,that would develop a "Natural Resource" section of this new zone and what is allowed or not allowed in parks and natural areas(if parks have natural areas in them). • All developments would be subject to public comment/oversight via the current Conditional Use Permit process. Doing the above would help to ensure citizens are not denied their right to have a voice in what occurs on public lands, including what types of development, not matter what it is, is done correctly and in such a manner that it does not harm wildlife or habitats, but rather is done in such a manner to protect and conserve our remaining natural resources. Thank you for your consideration in this matter. Sincerely, Sue Beilke Board member, Fans of Fanno Creek • • III i " City of Tigard TIGnRD Memorandum 4. To: President Anderson and Planning Commissioners From: John Floyd, Associate Planner Re: Additional Written Public Testimony for July 18, 2013 Public Hearing DCA2013-00003 (Parks Zone Project) Date: November 18, 2013 Additional written testimony was received by staff after the publication of the staff report for DCA2013-00003 (Tigard Parks Zone). This testimony has been gathered together and attached to this memorandum for consideration by the Planning Commission, as listed below: 1. Email from City of Tualatin; November 12, 2013. 2. Email from Glenna Thompson; November 14, 2013. 3. Letter from Oregon Department of Fish and Wildlife; November 15, 2013. 4. Email from Ron&Meg Shaw; November 17, 2013. 5. Email from Tualatin Valley Fire & Rescue; November 18, 2013. John Floyd From: CARL SWITZER <CSWITZER@ci.tualatin.or.us> Sent: Tuesday, November 12, 2013 8:34 PM To: John Floyd Subject: Request for Comments-Tigard PZP Attachments: SVarioLink 13111221320.pdf Hi John, We do not have any comments at this time. Best— Carl Switzer Parks and Recreation Manager 18880 SW Martinazzi Avenue Tualatin, OR 97062-7092 Desk Phone: 503.691.3064 Cell Phone: 503.519.3271 cswitzeraci.tualatin.or.us I RrG"VE.69 r/A/ 111ei 11• City of Tigard cQ N�� 4 2013 r i G A Rz D REQUEST FOR COMMENTS PANN Gdfr eoPMfN Doti t DATE: October 31.2013 TO: _ Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone.' The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2,6, 8, 9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: 5PM,MONDAY,NOVEMBER 1$,2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johntlQa tigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: Z We have reviewed the proposal and have no objections to it. ..Please contact of out office. Please refer to the enclosed letter. Written comments provided below —G c,Svr(D & /t1tANtW i 1' riiiJk6, 5o . kr/ 044 Name&Number of Person(sjmmenting: • • John Floyd From: Glenna Thompson <glenna79@frontier.com> Sent: Thursday, November 14, 2013 11:33 AM To: John Floyd Subject: RE: Parks Zone Project Hi John, So, here are some of my thoughts about this project: I notice that the Project Summary says this project would result in a more efficient approach to reviewing improvements or developments to new parks and implies this would be different from the current "one-size-fits-all: manner of project review. The Project Summary specifically targets small or minor improvements and small projects, however, I see no language in the proposed development code amendments that differentiates small projects like adding a picnic table that covers a few square feet and larger projects like creating a lighted or unlighted recreational field (a football or soccer field would be many acres). I suggest adding language to the proposed amendments to define "small" projects whose review would be streamlined from major land use changes and large projects whose greater potential impact on city-owned lands calls for a more thorough review. I suggest that projects whose footprint is smaller than the average size of a single-family residential lot be classified as "small" projects and subject to the streamlined review process. A random sample of 10 residential lots in the City of Tigard from a popular real estate website came up with an average lot size of 6,613 square feet. In no case should projects with a footprint larger than 1/3 acre be exempt from current standards of regulation and review. I would suggest any parcel that is 5,000 square feet or more should be subjected to standard regulation and review. Thanks and I look forward to hearing your comments. Glenna From: John Floyd [mailto:Johnfl@tigard-or.gov] Sent: Tuesday, November 12, 2013 12:53 PM To: Glenna Thompson Subject: RE: Parks Zone Project Hi Glenna, I'll have two copies waiting for you. Just to be clear, do you want to the notice that was posted at the end of Wall Street, or copies of what was mailed? The information is essentially the same,just different formatting. John 1 • • From: Glenna Thompson [mailto:glenna79@frontier.com] Sent: Tuesday, November 12, 2013 12:50 PM To: John Floyd Subject: RE: Parks Zone Project Hi John, Thanks for getting back to me. I would still like to come by and get two copies of that notice as my printer is on the fritz. Please advise if you can provide these for me. Thanks, Glenna From: John Floyd [mailto:Johnfl@tgard-or.gov] Sent: Tuesday, November 12, 2013 12:45 PM To: 'Glenna Thompson ' Subject: RE: Parks Zone Project Hi Glenna, Have you looked at the project website? The information can be found here: www.tigard-or.gov/pzp I'm also attached a copy of the notice that went out to the interested parties list. It was mailed out before your name was added to that list. John From: Glenna Thompson [mailto:glenna79@frontier.com] Sent: Tuesday, November 12, 2013 12:17 PM To: John Floyd Subject: Parks Zone Project Hi John, I did not receive a notice from the city regarding the change in the development code. I only got a post card from you. I would like a copy of the flyer that is posted at the end of Wall St. I would like to stop by your office today and get one for myself and also one for my neighbor, as she didn't get one either. Please advise if you could have at least 2 copies ready for me by early this afternoon. Thanks, Glenna Thompson 503.816.4652 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." 2 • • John Floyd From: Elizabeth J Ruther <elizabeth.j.ruther@state.or.us> Sent: Friday, November 15, 2013 4:04 PM To: John Floyd Subject: ODFW comments- parks zone code proposal Attachments: odfw comments park zone code tigard_2013.pdf Hi John— Please find ODFW's comments for the parks zone code proposal attached. Thank you! Elizabeth J. Ruther Habitat Conservation Biologist Oregon Department of Fish and Wildlife North Willamette Watershed District 18330 NW Sauvie Island Road Portland, OR 97231 P: 503.621.3488 x228 F: 503.621.3025 1 • • F y '` 1 1 ego n Department of Fish and Wildlife 17.3° ,i o Sauvie Island Wildlife Area lm'. '=''2t'':'= North Willamette Wildlife District • John Kit-zhaber, Governor 18330 NW Sauvie Island Road Portland,OR 97231 Voice:503-621-3488 Fax:503-621-3025 http://www.dfw.state.or.us OREGON '... Date: November 15,2013 Flab&WIldlife To: John Floyd City of Tigard Permit Center 13125 SW Hall Blvd Tigard,OR 97223 RE: ODFW Comments: Parks Zone Project Dear Mr.Floyd: This correspondence by the Oregon Department of Fish and Wildlife (ODFW) provides recommendations to the City of Tigard for the Parks Zone Project. The City of Tigard would like to create a specific zone for parks and greenspaces in order to more efficiently manage parkland within city limits. Currently, parklands contain many different zones. Overall, ODFW supports a park zone in order to efficiently and effectively manage city parkland and natural resources. ODFW has identified two key issues that may negatively affect fish, wildlife, and habitat that currently exist in parks and greenspaces. Purpose ODFW recommends,particularly if the code addresses all three categories of parkland(improved, open space, and natural) in a singular fashion, that a purpose be added that identifies maintaining open space and healthy habitat for fish and wildlife resources for citizens to enjoy. Parkland in developed areas is the primary location where the community can observe wildlife and is one of the major management goals in natural and open space parks across the Metro region. Improved vs. Natural and Open space Parkland The current document appears to most adequately address improved parkland scenarios. ODFW does not recommend that some permitted outright actions in Section C be applied to natural and open space parkland. Parks designated as natural and open space are not only used for recreation, but also have a larger natural resources emphasis than improved parkland. ODFW recommends a more detailed park zone code that is more specific to the three major types of parklands in the City to make sure that fish and wildlife resources are not inadvertently impacted. For instance,off street multi-use trails and non-illuminated fields, courts, and arenas could have a large negative impact to habitat if permitted outright in natural and open space parkland. Other actions, like replacing or maintaining structures may have little natural resource impact in these areas. ODFW appreciates the opportunity to provide recommendations to support the best stewardship of the state's fish and wildlife resources as possible and to support the City of Tigard in • • protecting natural resources, benefitting wildlife species, and increasing functioning habitats that are dwindling within the UGB and within the City. Please address any questions you may have regarding these comments to Elizabeth Ruther at 503.621-3488 x228. Since• ly p Elizabeth J. Ruther Habitat Conservation Biologist North Willamette Watershed District • • John Floyd From: Ron & Meg <ronmegshaw©frontier.com> Sent: Sunday, November 17, 2013 8 29 PM To: John Floyd Subject: Re: Parks Zone Project Mr. Floyd: Thank you for your prompt & informative response. When we bought our property from Mr. Freeman, we were led to believe that the greenbelt would never be developed. The definition of "developed" can mean a lot of different things, but it is obvious that we were misled by Freeman & his representatives as to the amount of protection we had. I think the common concerns of myself & my neighbors is that our privacy and security be maintained, and our property values unaffected. I hope to the planning commission will consider our concerns when making plans for these areas. Thank You, Ron Shaw From: John Floyd Sent: Sunday, November 17, 2013 4:41 PM To: 'Ron & Meg' Cc: Tom McGuire ; Steve Martin Subject: RE: Parks Zone Project Mr. and Mrs. Shaw, I am responding on behalf of Mr. McGuire. Thank you for submitting your comments on the Parks Zone Project,they will be forwarded to the Planning Commission for their consideration during deliberations on November 18. I also did some brief research on the"greenbelt" area you mentioned. It appears that the property behind your house, Tract"A" of the Hillshire Woods Subdivision, was gifted to the City by the developer of the Hillshire Estates subdivision for use as "natural,wooded open-space which can be used by the citizens as park space, hiking trails,etc.". Attached is a letter pertaining to that gift. Perhaps this will help clarify the original intent for that land, since there may be some confusion out there regarding what it was intended for. I am also copying the head of our Parks Division so he is aware of your concerns. If you wish to discuss this further, I'm happy to do so and can be reached directly at 503-718-2429 or in person by appointment. Regards, John Floyd i • John Floyd City of Tigard r Associate Planner ® L N Community Development a in r • ( (503)718-2429 johnfI tigard-or,gov T , 13125 SW Hall Blvd POARD vim" From: Ron & Meg [mailto:ronmecishaw@frontier.com] Sent: Friday, November 15, 2013 8:45 PM To: Tom McGuire Cc: John Floyd Subject: Parks Zone Project Mr. Tom McGuire: My name is Ron Shaw, & I live at 13515 SW Essex Dr. in Tigard. My property, like several hundred of my neighbors, is backed by a green belt, established when our lots were platted. We were assured when we bought our homes that this green belt would never be developed. The purpose of the green belt is to assure some measure of privacy and security to our homes, and we paid a significant premium for our homes because of it. The phrase "backs to green belt" is still prominently used in real estate advertisements for these homes. The City Parks Department, to my knowledge without a public hearing, has changed the designation of these green belts to "Public Open Space", and added trails and public access points, and removed the signs warning of the dangers of damage to the fragile slopes. They further propose changing these spaces to "Proposed Park & Recreation Zone", and simplifying the process required to add further improvements. I strongly object to the actions already taken, and to any further development of these green belts. These changes now allow 24 hour public access to an unlighted, unfenced, un-policed area bordering our unprotected back yards, in addition to reducing the privacy of our homes. 2 • • I ask that you not approve the Parks Zone Project and take steps to correct the actions already taken. Thank you, Ron Shaw 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." 3 • • John Floyd From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Monday, November 18, 2013 11:30 AM To: John Floyd Subject: DCA 2013-00003 Tigard Parks Code Amendment Attachments: Request for Comments DCA 2013-00003 Tigard Parks Zone.pdf John, Thank you for the opportunity to comment on the DCA surrounding the Tigard Parks Zone Amendment. Attached is the record that TVF&R has reviewed the proposal and has no objections to it. John Wolff I Deputy Fire Marshal II Tualatin Valley Fire & Rescue Direct: 503-259-1504 www.tvfr.com 1 • • City of Tigard TIGARD REQUEST FOR COMMENTS DATE: October 31.2013 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503)718-2748 Email:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (1'DC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2,6,8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, W NEED YOUR COMMENTS BACK BY: 5PM, MONDAY,NOVEMBER 18, 2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnfMtigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: John Wolff IAAI-CFI Deputy Fire Marshal II Name&Number of Person(s) Commenting: (503)259-1504-direct (503)642-4814-fax Tualatin Valley (503)649-8577-main Fire & Rescue John.Wolff@tvfr.com 11945 S.W.70th Avenue Tigard,OR 97223-9196 www.tvfr.com y ! r CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done Parks Zone Project DCA 2013-00003 John Floyd,Associate Planner I November 18,2013 NAME RANK MEMORANDUM FOR THE RECORD 1 C 1 T Y O F '1' 1 Ci 8 R 1) What is the Tigard Parks Zone Project? r Why change the Development Code? Z Where would it apply? A What precedents are there? How would it change existing code? What do others have to say? Questions for the Planning Commission Overview of my presentation 2 • • C I T Y 0 P T 1 C A It 1) What is the Tigard Parks Zone Project? / Text Amendments to Tigard Development Code 8 Amends 18.330 (Conditional Use) k Creates 18.540 (Parks & Recreation Zone) / Zoning Map Amendment to apply the new base zone to approximately 500 acres of city-owned parkland 1 7% of total land area of Tigard M 90% is presently zoned residential 3 i (; I T Y 0 I+ T 1 G A It D What is it NOT? ► Does not propose specific changes to existing parks, or create a new park. 1 Does not rezone private property. As proposed, new zone may only be applied to publicly owned land (18.540.030). Does not change, remove, or supersede any existing sensitive lands regulations (18.540.040). Given 50+ conversations with the public, need to make 3 things clear Residents are interested and protective of the parks and open space near their home. Had a lot of concern expressed over the fate of natural resources in the area. Sensitive Lands Overlays will still apply. 4 (. I T Y f) I. TIG R R 1) Why change the existing code? ► Existing code inefficient, lacks flexibility or uniformity / Increase in number/size of park projects ► "Costs" of existing code: Disproportional costs for small projects and low-impact improvements (fees, consultants, staff time, required street improvements). ► Delayed project implementation. Code lacks a dedicated zone for parks or other public uses Existing code makes Community Recreation Land Uses a conditional land use in almost all zones. Development standards are minimal and inflexible— • 30' setback for all structures, regardless of their purpose • Does not address non-structural improvements (ballfields, etc) Results in a lengthy& expensive process • Permit fees • Consultants • Staff time • Street dedications and improvements • Delayed project implementation For one recent small project to install a play area and trailhead,the cost of the land use permit is going to exceed the cost of physical improvements. 5 • • C I 7' Y O F TIGARD Where would it apply? / All city-owned parks and greenspaces. ► Both developed and undeveloped. / Metro has expressed interest for their properties. ► Question from staff: Is the Planning Commission interested in creating an "automatic rezoning" process to coincide with parkland purchases? 6 • • Y O F TIGARD What precedents are there? / Recent city projects in developing/improving parkland ' Dedicated parks/public zone commonly used by other jurisdictions (12 of 17) / Most varied their review process by typology of development. / Examples of recreation-specific standards for setbacks, height, and off-site impacts. Staff surveyed 17 cities and counties across Oregon. 12 had a dedicated parks or public facilities zone that included parks. 7 • ! C I 1 Y 0 I, T I G A It D How would it change existing code? ► Create a 4th type of base zone and chapter (18.540) ► Transfer community recreation development standards from 18.330 to 18.540. / Streamlined review for low-impact and minor development associated with Community Recreation / More flexible development standards focused on the protection of adjacent, residential development. 8 CITY OF TIC A R I) How would it change existing code? l8 338 050 8 Commu •« o t• d 0 a. All building setbacks shall be a minimum of 30 feet from any property line b. There arc no off street parking requirements, except that five automobile parking spaces arc required for a dog park or off Ic\ash ar a... Existing standards will be updated and moved 9 • • C I 'C Y 0 I' T I G A R D How would it change existing code? 18.540.010 Purpose "The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City..." Detailed purpose statement to guide implementation and interpretation 10 • • C I T Y O I 'I' I G A It ll How would it change existing code? 18.540.030 Where the Zone is Applied "The Parks and Recreation Zone is applicable to all city owned lands intended as parks, open space, and recreational facilities and may be applied within all Comprehensive Plan Designations...other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone." The zone is only applicable to publicly owned land. Cannot be used to preemptively zone private property. Rezone would happen upon annexation or after purchase. Staff is working with the City Attorney to determine whether or not an "automatic- rezone" process could be established, should the PC and Council be interested... 11 • • C 1 T Y O F 'F i G A It 1) How would it change existing code? 18.540.040 Other Zoning Regulations "The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones, plan districts, inventoried hazards, and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title." This amendment would only change the underlying base zone. Development would still have to conform to: ■ Sensitive Lands Regulations • Screening and Buffering Standards ■ Parking ■ Environmental Impact Standards 12 • • CITY O I 'r I G A R 1) How would it change existing code? 18.540.050 Use Regulations Table 18.540.1— Use Table: Parks and Recreation Zone / Anticipates community recreation as primary land use / Allows other needed community facilities (i.e. Basic Utilities and Cultural Institutions) and accessory land uses to provide programming and partnership opportunities (i.e. concessionaires and equipment rental companies). 13 • • C I 'I' Y O I' TIGA It I) How would it change existing code? 18.540.050 Use Regulations "Development Permitted Outright. When associated with a Community Recreation land use, the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply." Biggest change from existing code. In contrast to present regulations,the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and site development review, provided they met all applicable development standards. These development types can be broadly construed as "passive recreation facilities" and by themselves do not have a high likelihood of creating off-site impacts. 14 • • C 1 T Y 0 1+ 'C I G <1 R. ll How would it change existing code? 1.Park furnishings such as play equipment,picnic tables,benches,bicycle racks,public art,trash receptacles and other improvements of a similar nature. 2.Fences. 3.Off-street,multi-use trails. 4.Structures up to 600 square feet in size,and no more than 15 feet high. 5.Picnic areas designed to accommodate groups of less than 25. 6.Outdoor recreational fields,courts,arenas and other structures when not illuminated and not designed or intended for organized sports and competitions. 7.Community gardens up to 5,000 square feet in size. 8.Routine maintenance or replacement of existing facilities. List of 8 development types The 600 foot threshold was chosen to accommodate the average size of small park shelters and bathroom facilities, with a little wiggle room. Comparable to the maximum size limit for residential accessory structures (528 square feet) 15 • • (. I T 1 c) 1' T I (; A R 1) How would it change existing code? "Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval..." Conditional Use Permit requirement retained for "active recreational facilities" which are likely to generate off-site impacts and require additional review on a site-by-site basis. • Pools • Off-Street Parking • Dog Parks • Stages &Amphitheaters • Amplified sound systems • Illuminated athletic fields 16 • • CITY OF 1 1 G AR I) How would it change existing code? 18.540.060 Development Standards "Development within the zone must comply with the following development standards, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None." This section establishes more robust and use specific developmdent standards Most parks subject to residential lot size/width minimums Changes create opportunity and flexibility 17 • • c 1 T Y 0 1 T 1 G ;A It I) How would it change existing code? 18.540.060 Development Standards "C. Maximum Structure Height. None, except structures within 100' of a residential zone are subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None, except where abutting a residential zone. In such cases structures must be setback a minimum distance of one foot for each foot of building height." Proposed amendments aimed at protecting adjacent residential land uses Similar to CWS Plan District Provides more flexibility when adjacent to commercial/industrial use or a school 18 • • C I '1' Y 0 I I' I G A It ll How would it change existing code? 18.540.060 Development Standards "E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools, skate parks, basketball courts, soccer fields, and group picnic areas must be setback 50 feet from adjoining residentially zoned properties. Where the outdoor facility abuts a school use,the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330." This is another significant change Improvement from existing code as it provides setbacks for improvements other than buildings Built in flexibility as it provides relief through the conditional use permit process 19 • • Y 0 11 T 1 G A l2 D How would it change existing code? 18.540.060 Development Standards "F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones. Where a bathroom or concession stand abuts a school use on a residentially zoned property, the setback is reduced to zero." Bathrooms and concessions have their own standards Due to potential for: • Noise • Smell • Trip generation 20 • • C I '1' Y O 1' 1. 1 G A R U How would it change existing code? 18.540.060 Development Standards "Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces,and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one- acre shall provide a minimum of three off-street parking spaces,and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one- half acre are exempt from minimum parking requirements." Dog Park standards remain largely unchanged Creates a minimum parking exemption for dog parks less than % acre, like the one on Ash Street 21 i • C I '1' Y U 1' T 1 G A R. 1) How would it change existing code? 18.540.060 Development Standards "I. Lights&Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725(Environmental Performance Standards). In addition,glare sources shall be hooded, shielded,or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles,as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties." 22 • • C 1 1' Y O 1, '1' 1 G A R D What do others have to say? • Staff discussed the amendments with Metro • Potentially interested in rezoning their property ✓ Did not submit a formal comment - Four Citizen Comment Letters BPA & ODFW • Over 50 general inquiries from public outreach (signs, postcards, notices, etc.) Top Citizen Inquiries: • Mostly Informational • More enforcement of leash rules • What are the future plans for the park/open space by my house? • Just hurry up and build them • Loss of privacy and security • Confusion regarding overlapping notices for Senn Park (Dec 9) and Dirksen Nature Park (Recent) 3 Substantive Comments: • Limit size of projects listed as "by-right" and exempted from land use review • Increased protection of environmental resources (i.e. habitat, wetlands, etc) • ODFW recommended we create subzones and regulate improved land, open space, and natural areas differentially Latter two are outside the scope of this project 23 • C I "1' Y U 1 "I' 1 G A It D Questions for the Planning Commission Does the planning commission approve of the draft amendments as proposed? Need more information? Text changes? Is the Planning Commission interested in creating a process for the "automatic rezoning" of parkland upon purchase by the city? SVU/4- AA/4r ./`‘ caretelyA fetbko, 24 4 II City of Tigard i . TIGA , „ Memorandum To: President Anderson and Planning Commissioners From: John Floyd, Associate Planner Re: Parks Zone Project— Status Update Date: September 4, 2013 ISSUE Briefing to update the Planning Commission on the creation of a new Parks Zone. Staff will present work completed to date and a projected timeline for completion, including dates and items the Planning Commission will be tasked with reviewing. BACKGROUND As a reminder, the Parks Zone Project is intended to adopt specific development standards and approval criteria for publicly owned parkland and greenways. The purpose of this project is to remove administrative barriers to the efficient development of existing and future parks,while providing enhanced protections for neighboring residents and other parties who may be negatively impacted by the activities therein. The vehicle for these administrative improvements would be the creation of a new parks zone and associated chapter within the Tigard Community Development Code (Chapter 18). INFORMATION SUMMARY Following the June 6, 2013 briefing to the Planning Commission on the purpose and scope of the Parks Zone project, staff then briefed the Parks and Recreation Advisory Board (DRAB) on July 8, 2013 to both inform and receive comments from the board. Following these briefings, staff surveyed the development code seventeen jurisdictions to inform both staff and decision makers on how a Parks Zone might be constructed. A summary of the findings is attached to this email as a spreadsheet. The findings were illustrative as to how comparable jurisdictions control parks and recreation facilities through their development code. Major findings include the following: > Three jurisdictions had a dedicated zone, 9 had a similar zone that included parkland, and 5 did not have a dedicated zone. > Review processes vary, though few jurisdictions permitted all parks outright. Segmentation is common with specified typologies of development requiring conditional use review. > Most jurisdictions did not have specific development requirements. Those that do utilize special setbacks based upon height, typology, and/or the presence of outdoor lighting for night use. Planning staff has completed a draft of the new code and is presently consulting with other city departments and external agencies before imitating the public comment phase. The draft was based upon input from the Parks Department, input from elected and appointed officials, and the findings of the survey of other jurisdictions. At the present time, staff plans to begin the public outreach and noticing phase of the project in late September or early October, with the first public hearing scheduled for November. City of Tigard TIGARD Memorandum To: President Anderson and Planning Commissioners From: John Floyd, Associate Planner Re: Parks Zone Project Date: June 6, 2013 ISSUE Briefing to update the Planning Commission on the creation of a new Parks Zone. Staff will present the purpose of the project. INFORMATION SUMMARY The Parks Zone Project is intended to adopt specific development standards and approval criteria for publicly owned parkland. The purpose of this project is to remove administrative barriers to the efficient development of existing and future parks, while providing enhanced protections for neighboring residents and other parties who may be negatively impacted by the activities therein. The vehicle for these administrative improvements would be the creation of a new parks zone and associated chapter within the Tigard Community Development Code (Chapter 18). At present there is not a specific zone for parkland within the city, resulting in the city's parkland being subject to a patchwork of base zone regulations. Most of the city's zoning districts do allow public parks as a conditional use, subject to approval by the Hearings Officer. The conditional use process is appropriate for certain types of development that require elevated review and analysis on a case-by-case basis. This process is appropriate for certain park improvements that can lead to neighborhood impacts, such as ballfields or event facilities. This same process can also be administratively burdensome and time consuming for low-impact recreational improvements such as trails, small parking facilities, and restrooms. A new parks zone will allow the City to assign a more appropriate level of review based upon the potential impact to nearby residents and public facilities. An appropriate level of public outreach is part of the project schedule. The Planning Commission will be briefed on the project on June 17. Articles will appear in Cityscape and the planning listserv, and all owners living near an existing or future park will be notified of the project and invited to comment on the proposed regulations. A project website will serve as a point of information and a portal for people to submit comments or questions. Historical experience has shown that the residents of Tigard care greatly not just about their parks, but how the parks can both positively and negatively impact their quality of life. As such the project schedules public outreach throughout all phases of the work. It should be noted that this chapter is not intended to supersede the City's sensitive lands regulations which apply to much of the parkland within the city. Sensitive lands review will still be required for affected areas such as floodplains or wetlands, consistent with regional, state, and federal requirements. REQUEST FOR COMMENTS CITY OF TIGARD REQUEST FOR COMMENT• S NO ATION LIST FOR LAND USE COMMUNITY DEVELOPMENT LICATIONS UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES(continued) Comcast Cable Corp.,Alex Silantiev,9605 SW Nimbus Ave,Bldg 12,Beaverton OR 97008(See map for area contact) Metro Area Communications Commission(MACC),Fred Christ,15201 NW Greenbrier Parkway,C-1,Beaverton OR 97006-4886(annexations only) NW Natural Gas Company,Scott Palmer,Engineering Coord.,220 SW Second Ave, Portland OR 97209-3991 Portland General Electric,Mike Hieb,Svc Design Consultant,9480 SW Boeckman Rd,Wilsonville OR 97070 Portland Western R/R,Burlington Northern/Sante Fe R/R,Oregon Electric R/R,(Burlington,Northern/Sante Fe R/R predecessor),Bruce Carswell,President and GM,200 Hawthorne Ave SE,Suite C320,Salem OR 97301-5294 4ion Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503-249-3079) ( J ard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 I.K�igard Water District, POB 230281,Portland OR 97281-0281 (/yaalatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* V I in Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* latin Valley Water District,Administrative Office,1850 5W 170th Ave,Beaverton OR 97006* Tri-Met Transit Development,Ben Baldwin,Project Planner,710 NE Holladay St,Portland Or 97232(If project is within 1/4 mile of a transit route) Verizon,John Cousineau,OSP Network,4155 SW Cedar Hills Blvd,Beaverton OR 97005 *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects(Porject Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Chris or Doreen if you need updates.Thank you. If this roster is updated,please update the corresponding mailing labels at I/CURPLN/Request for Comments Notification Labels UCURPLN/MASTERSIREO FOR COMMENTS NOTIFICATION UST(UPDATED O3 13 13) Page 2 of 2 • • City of Tigard r1GARD REQUEST FOR COMMENTS DATE: October 31.2013 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (I'DC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone... The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2,6, 8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: SPM. MONDAY. NOVEMBER 18, 2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnflatigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: it We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name&Number of Person(s)Commenting: c._\tt Ni\\fl\c" 503 ' 11(1 ' a p I y Department of Energy " Bonneville Power Administration PO Box 3621 '6' Portland, OR 97208-3621 .yLus November 5, 2013 In reply refer to: TERR/3 Tract No. V-E-23-A-120 Your reference: SP-13-03 Sherwood Industrial Park Phase II 14816 SW Century Dr, Sherwood OR City of Sherwood Planning Michelle Miller, Sr. Planner Dear Mr. Floyd: Reference is made to your Notice for Tigard Parks Zone Project Development Code Amendment. Bonneville Power Administration (BPA) has no objection to this proposed. Development Code Amendment as long as the high voltage transmission line rights-of- way and fee-corridor will not be adversely affected. Note that BPA imposes certain restrictions and/or prohibitions on the use of property encumbered by our transmission line rights-of-way. BPA's typical easement prohibits structures within the right-of-way. The coordination of such land uses as underground utilities, fences, planting trees, parking, pools,trees, and construction should all be reviewed by BPA prior to such use. Applications must be submitted to BPA for any use proposed within BPA's rights-of-way. You may direct any communication to this office, Bonneville Power Administration, 503-230-7325, or by reaching me at 503-230-5500, or email at jcgoodrich@bpa.gov for information on the BPA Right-of-Way Use application process. Thank you for the opportunity to comment on this proposal. Sincerely, Julie C. Goodrich Right of Way Agent, Real Property Field Services David Evans &Associates, Contractor to Bonneville Power Administration Enclosure: Landowner's Guide r • • bcc: Official File - TR-3/Portland (Tract No. V-E-23-A-120) • John Floyd From: Goodrich,Julie C (CONTR) -TERR-3 <jcgoodrich@bpa.gov> Sent: Thursday, November 07, 2013 1:01 PM To: John Floyd Subject: BPA response- City of Tigard Development Code Amendment 2013-00003 Attachments: Tigard Parks Code Amendment 11.5.13.doc Hello, Please see the attached for BPA's response. Regards, Julie C. Goodrich ROW Agent 3 I Real Property Field Services I TERR-3 905 3-M9 Contractor, David Evans&Associates Bonneville Power Administration I Department of Energy P.O. Box 3621.TERR-3, Portland,OR 97208-3621 Office: 503.230.5500 Cell: 503.407.2207 Email: jcgoodrich@bpa.gov ROW Use Application link: http://www.bpa.gov/Publiclnvolvement/LandsCommunity/Pages/defa ult.aspx 1 John Floyd From: John Floyd Sent: Monday, November 04, 2013 9:29 AM To: 'kariba_or@msn.com' Subject: Tigard Park Zone Project Attachments: John Floyd.vcf Hello Chris, I was given your name by Steve Martin,who said you've been quite involved with dog parks here in Tigard for about a decade. I'm writing to tell you about some changes to our zoning code about how the City regulates parks, and I wanted to make sure users of the dog parks are informed. You might have seen signs go up this weekend near Potso, Ash Avenue, and Summerlake dog parks. Postcards and letters will also be going out this week. To be more specific the city is creating a new Zoning District just for public parks,as we presently don't have one. The idea is to make it easier for the city to build minor improvements like picnic shelters or pocket parks within neighborhoods,while still protecting neighboring residents from things like light and noise. Dog parks regulations will remain largely unaffected, though the new rules propose to eliminate minimum parking requirements for dog parks less than Y2 acre in size, so we could devote more space to greenery rather than asphalt at the smaller facilties. I'd love to talk to you about this sometime. If you're too busy, I'm also including a link to the project website below. Public Hearings begin on November 18 in case you're curious. www.tigard-or.gov/pzp Regards, John Floyd John Floyd 4 City of Tigard Assodate Planner q Community Development ' (503) 718-2429 johnfl@tgard-or.gov 13125 SW Hall Blvd. T I G A R D Tigard,OR 97223 1 • I John Floyd From: Brian <brian@tualatinriverkeepers.org> Sent: Thursday, October 31, 2013 12:02 PM To: John Floyd Cc: Steve Martin; Paul H. Whitney Subject: Re: Parks Zone Project John, Thanks for sharing. I see a few uses that you might want to change. 1. Outdoor Entertainment is listed as "N", prohibited under any condition. I looked up the definition Characteristics: Outdoor entertainment consists of for-profit facilities providing active recreational uses primarily in an out-of-doors setting.), and suggest that the city may want to allow for-profit vendors to provide active recreational services at times (carnival rides at the balloon festival, equipment rentals). I would suggest that the city might want to allow Outdoor Entertainment conditionally. 2. Fences are listed as being permitted outright as long as they comply with development standards. I assume development standards prohibit fences in floodways. I think there may be a need to put conditions on fences that might impede wildlife migration in natural areas. I don't know if development standards address that. 3. Are there different development standards for passive recreation areas and active recreation areas? Clarification might be necessary to prevent conflicts between natural areas and active recreation facilities. Thanks for the opportunity to comment. Brian Wegener, Riverkeeper Advocacy&Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-486-5850 www.tualatinriverkeepers.org \On 10/31/2013 11:20 AM,John Floyd wrote: Hi Brian, So you're aware,the city is working on code amendments to change how we conduct land use reviews for public parks. I'm including a link to the project website, which includes a draft of the code amendments. You'll be receiving a public notice in the mail, but also wanted to reach out to you given your organizations interests and role. www.tigard-or.gov/ozo So it's clear,the project does not affect any of our goal 5 regulations. The idea is assign an appropriate level of review to the improvement being applied, in hopes of bringing more efficiency to the development of both passive and active recreation opportunities here in Tigard. For example, minor 1 . • improvements like benches a•mall shelters would no longer require a conditional use permit, but would still be subject to all of our sensitive lands regulations for things like floodplains, wetlands, and the like. Regards, John „ is 'tl p ,-,it 6 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." Brian Wegener, Riverkeeper Advocacy & Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-486-5850 www.tualatinriverkeepers.org Advocacy&Communications Manager Tualatin Riverkeepers 503-218-2580 www.tualatinriverkeepers.org 2 • • John Floyd From: John Floyd Sent: Thursday, October 31, 2013 11:15 AM To: Sue Beilke (sbeilke@europa.com) Subject: Parks Zone Project Attachments: John Floyd.vcf Hi Sue, I saw that you were at the Dirksen Nature Park hearing earlier this week. So you're aware, the city is working on code amendments to change how and when we conduct land use reviews for public parks. You'll be getting a formal notice in the mail tomorrow, but since you've shown interest in our parkland I wanted to make sure you were aware. I'm including a link to the project website, it contains the proposed code changes in a file posted to that site. www.tigard-or.gov/pzp So it's clear, the project does not affect any of our goal 5 regulations. The idea is assign an appropriate level of review to the improvement being applied. For example, minor improvements like benches and small shelters would no longer require a conditional use permit, but would still be subject to all of our sensitive lands regulations for things like floodplains, wetlands, and the like. Regards, John John Floyd City ofTigard Assodate Planner 11 Community Development ` (503)718-2429 johnfl@Tgard-or.gov ��%� 13125 SW Hall Blvd. � � Tigard,OR 97223 1 John Floyd From: Brian Rager Sent: Thursday, October 31, 2013 10:10 AM To: John Floyd; Steve Martin Subject: RE: Parks Zone Project From what I can tell, it looks good. Thanks, BR From:John Floyd Sent: Wednesday, October 30, 2013 6:38 PM To: Brian Rager; Steve Martin Subject: Parks Zone Project Brian and Steve, Attached is a copy of the proposed text amendments for the Parks Zone Project. It includes changes that we hope you find favorable, and are based on your feedback from the last draft. One thing we didn't include is an extension for the validity of conditional use permits. But we have plans to make conditional use permits effective for much longer as part of the next code update we're starting next year. Let me know if you have any questions or if we didn't address all of your concerns. Public hearings begin on November 18. Thanks! John John Floyd City ofTgard Associate Planner ■ Community Development a In ■ • ,,;' (503) 718-2429 johnfl@tigard-or.gov 13125 SW Hall Blvd, TIGARD Tigard, OR97223 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." 1 J • • III City of Tigard TIGARD REQUEST FOR COMMENTS DA 11,: October 31.2013 TO: Affected Agency FROM: City of'Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2,6, 8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, 1E NEED YOUR COMMENTS BACK BY: 5PM,MONDAY.NOVEMBER 18, 2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnf@tigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: kWe have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: John Wolff IAAI-CFI Deputy Fire Marshal II Name&Number of Person(s) Commenting: (503)259-1504-direct ______1 (503)642-4814-fax Tualatin Valley (503)649-8577-main Fire & Rescue John.Wolff@tvfr.com 11945 S.W.70th Avenue Tigard,OR 97223-9196 www.tvfr.com i • John Floyd From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Monday, November 18, 2013 11:30 AM To: John Floyd Subject: DCA 2013-00003 Tigard Parks Code Amendment Attachments: Request for Comments DCA 2013-00003 Tigard Parks Zone.pdf John, Thank you for the opportunity to comment on the DCA surrounding the Tigard Parks Zone Amendment. Attached is the record that TVF&R has reviewed the proposal and has no objections to it. John Wolff I Deputy Fire Marshal II Tualatin Valley Fire & Rescue Direct: 503-259-1504 www.tvfr.com 1 • • John Floyd From: Ron & Meg <ronmegshaw@frontier.com> Sent: Sunday, November 17, 2013 8:29 PM To: John Floyd Subject: Re: Parks Zone Project Mr. Floyd: Thank you for your prompt & informative response. When we bought our property from Mr. Freeman, we were led to believe that the greenbelt would never be developed. The definition of "developed" can mean a lot of different things, but it is obvious that we were misled by Freeman & his representatives as to the amount of protection we had. I think the common concerns of myself & my neighbors is that our privacy and security be maintained, and our property values unaffected. I hope to the planning commission will consider our concerns when making plans for these areas. Thank You, Ron Shaw From: John Floyd Sent: Sunday, November 17, 2013 4:41 PM To: 'Ron & Meg Cc: Torn McGuire ; Steve Martin Subject: RE: Parks Zone Project Mr. and Mrs. Shaw, I am responding on behalf of Mr. McGuire. Thank you for submitting your comments on the Parks Zone Project,they will be forwarded to the Planning Commission for their consideration during deliberations on November 18. I also did some brief research on the "greenbelt" area you mentioned. It appears that the property behind your house, Tract"A"of the Hillshire Woods Subdivision, was gifted to the City by the developer of the Hillshire Estates subdivision for use as"natural, wooded open-space which can be used by the citizens as park space, hiking trails, etc.". Attached is a letter pertaining to that gift. Perhaps this will help clarify the original intent for that land, since there may be some confusion out there regarding what it was intended for. I am also copying the head of our Parks Division so he is aware of your concerns. If you wish to discuss this further, I'm happy to do so and can be reached directly at 503-718-2429 or in person by appointment. Regards, John Floyd 1 • • John Floyd City of Tigard Associate Planner Community Development a go ' i503)718-2129 11 Johnfl@tigard-or.gov 13125 SW Hall Blvd From: Ron & Meg [mailto:ronmegshaw@frontier.com] Sent: Friday, November 15, 2013 8:45 PM To: Tom McGuire Cc: John Floyd Subject: Parks Zone Project Mr. Tom McGuire: My name is Ron Shaw, & I live at 13515 SW Essex Dr. in Tigard. My property, like several hundred of my neighbors, is backed by a green belt, established when our lots were platted. We were assured when we bought our homes that this green belt would never be developed. The purpose of the green belt is to assure some measure of privacy and security to our homes, and we paid a significant premium for our homes because of it. The phrase "backs to green belt" is still prominently used in real estate advertisements for these homes. The City Parks Department, to my knowledge without a public hearing, has changed the designation of these green belts to "Public Open Space", and added trails and public access points, and removed the signs warning of the dangers of damage to the fragile slopes. They further propose changing these spaces to "Proposed Park & Recreation Zone", and simplifying the process required to add further improvements. I strongly object to the actions already taken, and to any further development of these green belts. These changes now allow 24 hour public access to an unlighted, unfenced, un-policed area bordering our unprotected back yards, in addition to reducing the privacy of our homes. 2 • • • I ask that you not approve the Parks Zone Project and take steps to correct the actions already taken. Thank you, Ron Shaw 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." 3 r - • • John Floyd From: John Floyd Sent: Sunday, November 17, 2013 4:42 PM To: 'Ron & Meg' Cc: Tom McGuire; Steve Martin Subject: RE: Parks Zone Project Attachments: John Floyd.vcf; SUB1994-00003_Ltr from Sierra Pacific 1-16-96.pdf Mr. and Mrs. Shaw, I am responding on behalf of Mr. McGuire. Thank you for submitting your comments on the Parks Zone Project,they will be forwarded to the Planning Commission for their consideration during deliberations on November 18. I also did some brief research on the "greenbelt" area you mentioned. It appears that the property behind your house, Tract "A" of the Hillshire Woods Subdivision,was gifted to the City by the developer of the Hillshire Estates subdivision for use as "natural,wooded open-space which can be used by the citizens as park space, hiking trails, etc.". Attached is a letter pertaining to that gift. Perhaps this will help clarify the original intent for that land, since there may be some confusion out there regarding what it was intended for. I am also copying the head of our Parks Division so he is aware of your concerns. If you wish to discuss this further, I'm happy to do so and can be reached directly at 503-718-2429 or in person by appointment. Regards, John Floyd John Floyd City of Tigard Associate Planner Community Development f i .. .. (503)718-2429 johnfltigard-orgov 13125 SW Hall Blvd TIGAR From: Ron & Meg [mailto:ronmegshaw@frontier.com] Sent: Friday, November 15, 2013 8:45 PM To: Tom McGuire Cc: John Floyd Subject: Parks Zone Project Mr. Tom McGuire: My name is Ron Shaw, & I live at 13515 SW Essex Dr. in Tigard. 1 I . ' • • My property, like several hundred of my neighbors, is backed by a green belt, established when our lots were platted. We were assured when we bought our homes that this green belt would never be developed. The purpose of the green belt is to assure some measure of privacy and security to our homes, and we paid a significant premium for our homes because of it. The phrase "backs to green belt" is still prominently used in real estate advertisements for these homes. The City Parks Department, to my knowledge without a public hearing, has changed the designation of these green belts to "Public Open Space", and added trails and public access points, and removed the signs warning of the dangers of damage to the fragile slopes. They further propose changing these spaces to "Proposed Park & Recreation Zone", and simplifying the process required to add further improvements. I strongly object to the actions already taken, and to any further development of these green belts. These changes now allow 24 hour public access to an unlighted, unfenced, un-policed area bordering our unprotected back yards, in addition to reducing the privacy of our homes. I ask that you not approve the Parks Zone Project and take steps to correct the actions already taken. Thank you, Ron Shaw 2 1 SIERRA, PACIFIC 46. DEVELOP MF_NT, !NC;0. FO. BOX 1754 LAKE 05VdEGo OR 97035 (503) 6e4-3175 FAX (503)684-3176 Janua>ry 16, 1996 Mr. Bill Monohan >, City Manager ' ff.': city of Tigard /, 13125 SW Hall B1Vd.,: *' Tigard, On 97223 h' r ' e: Hillshire Woods 4 bear Bills .,' Enclosed please find a copy of the recorded plat for Hillohire fi Woods in the City of Tigard. I am 'pleased to be able to say that this plat was recorded on December 14, 1995, 'and with it We will be ,: bringing over 100 new high quality homes to the city. ,. , With the recording of. Hillshire Woods, Sierra Pacific has 1 conveyed as a gift, over 30 acres to the City of Tigard. (tracts r A,B,C,&F) Most of this property is natural, wooded open-space which '111 can be used by the citizens as park space, hking.trails, etc. ;$ At this time I would like to request that you send me a letter acknot.ledging the City's receipt of this donation for our records. • • The property has great value and will provide much needed open- ,` space as Tigard continues to. grow: : Thank you in advance and I look forward to continuing to work y' '+ .with the City of Tigard in the furture.. •I.N ;r: Sincerely, , 62*--4104.17 3r: Ed Freeman s' President 4 r:; enclt;sure r RR R. b. -A 0 'l' ( mar. .. .. rY'w P . a •. . i'. • i John Floyd From: John Floyd Sent: Sunday, November 17, 2013 3:40 PM To: 'Ron & Meg' Subject: RE: Planning Commitee Meeting Attachments: John Floyd.vcf Mr. Shaw, The correct time for the meeting is 7:00pm,as noted on the staff report and agenda. The 7:30 start time is a typo,thank you for bringing it to our attention. My apologies for the confusion. Regards, John Floyd John Floyd City of Tigard 0 in . Associate Planner Community Development s9Mg ' (503)718-2429 11 johnfl@tigard-or,gov 13125 SW Hall Blvd TIGARD From: Ron & Meg [mailto:ronmegshaw©frontier.com] Sent: Friday, November 15, 2013 9:17 PM To: John Floyd Subject: Planning Commitee Meeting The Parks Zone Project shows the time for the Planning Committee Meeting as 7:30 PM Monday. 11-18. The Planning Committee agenda shows 7:00. Which is correct? 1 • • F ,� II1regon Department of Fish and Wildlife t- ��n.' 1.�i o1 Sauvie Island Wildlife Area , . •; North Willamette Wildlife District '„,i John Kitzhaber, Governor 18330 NW Sauvie Island Road _5_ Portland,OR 97231 Voice:503-621-3488 Fax:503-621-3025 http://www.dfw.state.or.us OREGON Date: November 15,2013 N Flth&Wlklfe To: John Floyd City of Tigard Permit Center 13125 SW Hall Blvd Tigard,OR 97223 RE: ODFW Comments:Parks Zone Project Dear Mr. Floyd: This correspondence by the Oregon Department of Fish and Wildlife (ODFW) provides recommendations to the City of Tigard for the Parks Zone Project. The City of Tigard would like to create a specific zone for parks and greenspaces in order to more efficiently manage parkland within city limits. Currently, parklands contain many different zones. Overall, ODFW supports a park zone in order to efficiently and effectively manage city parkland and natural resources. ODFW has identified two key issues that may negatively affect fish, wildlife, and habitat that currently exist in parks and greenspaces. Purpose ODFW recommends, particularly if the code addresses all three categories of parkland(improved, open space, and natural) in a singular fashion,that a purpose be added that identifies maintaining j open space and healthy habitat for fish and wildlife resources for citizens to enjoy. Parkland in developed areas is the primary location where the community can observe wildlife and is one of the major management goals in natural and open space parks across the Metro region. Improved vs.Natural and Open space Parkland The current document appears to most adequately address improved parkland scenarios. ODFW does not recommend that some permitted outright actions in Section C be applied to natural and open space parkland. Parks designated as natural and open space are not only used for recreation, but also have a larger natural resources emphasis than improved parkland. ODFW recommends a more detailed park zone code that is more specific to the three major types of parklands in the City to make sure that fish and wildlife resources are not inadvertently impacted. For instance,off street multi-use trails and non-illuminated fields, courts, and arenas could have a large negative impact to habitat if permitted outright in natural and open space parkland. Other actions, like replacing or maintaining structures may have little natural resource impact in these areas. ODFW appreciates the opportunity to provide recommendations to support the best stewardship of the state's fish and wildlife resources as possible and to support the City of Tigard in • • protecting natural resources, benefitting wildlife species, and increasing functioning habitats that are dwindling within the UGB and within the City. Please address any questions you may have regarding these comments to Elizabeth Ruther at 503.621-3488 x228. Since• ly �l r Elizabeth J. Ruther Habitat Conservation Biologist North Willamette Watershed District John Floyd From: Elizabeth J Ruther<elizabeth.j.ruther@state.or.us> Sent: Friday, November 15, 2013 4:04 PM To: John Floyd Subject: ODFW comments- parks zone code proposal Attachments: odfw comments park zone code tigard_2013.pdf Hi John— Please find ODFW's comments for the parks zone code proposal attached. Thank you! Elizabeth J. Ruther Habitat Conservation Biologist Oregon Department of Fish and Wildlife North Willamette Watershed District 18330 NW Sauvie Island Road Portland, OR 97231 P: 503.621.3488 x228 F: 503.621.3025 • • John Floyd From: Ron & Meg <ronmegshaw©frontier.com> Sent: Friday, November 15, 2013 8:45 PM To: Tom McGuire Cc: John Floyd Subject: Parks Zone Project Mr. Tom McGuire: My name is Ron Shaw, & I live at 13515 SW Essex Dr. in Tigard. My property, like several hundred of my neighbors, is backed by a green belt, established when our lots were platted. We were assured when we bought our homes that this green belt would never be developed. The purpose of the green belt is to assure some measure of privacy and security to our homes, and we paid a significant premium for our homes because of it. The phrase "backs to green belt" is still prominently used in real estate advertisements for these homes. The City Parks Department, to my knowledge without a public hearing, has changed the designation of these green belts to "Public Open Space", and added trails and public access points, and removed the signs warning of the dangers of damage to the fragile slopes. They further propose changing these spaces to "Proposed Park & Recreation Zone", and simplifying the process required to add further improvements. I strongly object to the actions already taken, and to any further development of these green belts. These changes now allow 24 hour public access to an unlighted, unfenced, un-policed area bordering our unprotected back yards, in addition to reducing the privacy of our homes. I ask that you not approve the Parks Zone Project and take steps to correct the actions already taken. 1 • • Thank you, Ron Shaw 2 • • John Floyd From: Glenna Thompson <glenna79@frontier.com> Sent: Thursday, November 14, 2013 11:33 AM To: John Floyd Subject: RE: Parks Zone Project Hi John, So, here are some of my thoughts about this project: I notice that the Project Summary says this project would result in a more efficient approach to reviewing improvements or developments to new parks and implies this would be different from the current "one-size-fits-all: manner of project review. The Project Summary specifically targets small or minor improvements and small projects, however, I see no language in the proposed development code amendments that differentiates small projects like adding a picnic table that covers a few square feet and larger projects like creating a lighted or unlighted recreational field (a football or soccer field would be many acres). I suggest adding language to the proposed amendments to define "small" projects whose review would be streamlined from major land use changes and large projects whose greater potential impact on city-owned lands calls for a more thorough review. I suggest that projects whose footprint is smaller than the average size of a single-family residential lot be classified as "small" projects and subject to the streamlined review process. A random sample of 10 residential lots in the City of Tigard from a popular real estate website came up with an average lot size of 6,613 square feet. In no case should projects with a footprint larger than 1/3 acre be exempt from current standards of regulation and review. I would suggest any parcel that is 5,000 square feet or more should be subjected to standard regulation and review. Thanks and I look forward to hearing your comments. Glenna From: John Floyd [mailto:Johnfl(&tigard-or.gov] Sent: Tuesday, November 12, 2013 12:53 PM To: Glenna Thompson Subject: RE: Parks Zone Project Hi Glenna, I'll have two copies waiting for you. Just to be clear, do you want to the notice that was posted at the end of Wall Street, or copies of what was mailed? The information is essentially the same,just different formatting. John 1 • • From: Glenna Thompson [mailto:glenna79@frontier.com] Sent: Tuesday, November 12, 2013 12:50 PM To: John Floyd Subject: RE: Parks Zone Project Hi John, Thanks for getting back to me. I would still like to come by and get two copies of that notice as my printer is on the fritz. Please advise if you can provide these for me. Thanks, Glenna From: John Floyd [mailto:Johnfl@tigard-or.gov] Sent: Tuesday, November 12, 2013 12:45 PM To: 'Glenna Thompson ' Subject: RE: Parks Zone Project Hi Glenna, Have you looked at the project website? The information can be found here: www.tigard-or.gov/pzp I'm also attached a copy of the notice that went out to the interested parties list. It was mailed out before your name was added to that list. John From: Glenna Thompson [mailto:g1enna79@frontier.com] Sent: Tuesday, November 12, 2013 12:17 PM To: John Floyd Subject: Parks Zone Project Hi John, I did not receive a notice from the city regarding the change in the development code. I only got a post card from you. I would like a copy of the flyer that is posted at the end of Wall St. I would like to stop by your office today and get one for myself and also one for my neighbor, as she didn't get one either. Please advise if you could have at least 2 copies ready for me by early this afternoon. Thanks, Glenna Thompson 503.816.4652 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." 2 • • G/ rY qcoEFiVEzgT/N N ° City of Tigard co Nw 0 4 20;r34 -I 1 G A tt a REQUEST FOR COMMENTS p ANNt E 0PMfnr siei T DATE: October 31,2013 TO: _ ,Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email: johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone.' The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2,6,8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: SPM,MONDAY.NOVEMBER 18, 2013. You may use the space provided below or attach s.separate letter to return your comments. If you are unable to respond by the above date please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnfl@tigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: Z We have reviewed the proposal and have no objections to it. .Please contact of out office. Please refer to the enclosed letter. Written comments provided below: aGil2i,Sni'D & S e ANN PAu*te , 58.Name &Number of Person(sj/ INb mmenting: I. • John Floyd From: CARL SWITZER <CSWITZER@ci.tualatin.or.us> Sent: Tuesday, November 12, 2013 8:34 PM To: John Floyd Subject: Request for Comments-Tigard PZP Attachments: SVarioLink 13111221320.pdf Hi John, We do not have any comments at this time. Best Carl Switzer Parks and Recreation Manager 18880 SW Martinazzi Avenue Tualatin, OR 97062-7092 Desk Phone: 503.691.3064 Cell Phone: 503.519.3271 cswitzeraci.tualatin.or.us 1 FF • • John Floyd From: John Floyd Sent: Tuesday, November 12, 2013 4:56 PM To: Doreen Laughlin Subject: Corrected Map for Parks Zone Project Attachments: John Floyd.vcf; Attachment 2 - Corrected.pdf Doreen, Please forward the attached map to the Planning Commission. The map is a corrected version of Attachment 2 of the staff report for the Parks Zone Project(Proposed Zoning Map Amendments). During a last minute correction to the map, the symbol for the proposed Parks and Recreation Zone (a green color) was accidentally removed, the attached map contains the correction. No other changes were made. Thanks, John John Floyd ComCit/mof Tigarunityd Associate Planner ° (503)718-2429 Development johnflgard-or gay �` 13125 SW Hall Blvd. T I V A R.D Tigard, OR 97223 1 N t1�• term nx• tie :._. xd• Ir' ♦•,w•.. ... ! �•jar -J•I O� lin! I�+Ifi v2.x....: 0 yid iti i�fin.\ Sardis i ..-.,.N nil Nil in fly "MA - ..1. oK Ix. r •xus r +� \ N � .,r. ra .• ii. u11t ♦♦ x x.; n.. ��! hi. i '''� F_ll. 1. • ?-� ■. ■CIII.... x� w\��vi�_'_ __ -+-tie- 1. .•�I. ��•6grnemMite• 1 rile l xp •�,n:' .4 .SYnit II / t11 s- Imn. •dine : . .• ♦ • ♦ . 1, :-i• _..l li,I III Comm'1•x.u.t Ire.•• q.• aW-m� 11� €h•N . • 1 •= -.. 4, �m ( '•_ . ter•-� Win.e / \\ r '!I :MIME ♦•.�. �� '7 - :1 ,i im.x.+t IPh"VIP:Im^'d- o.,q w� 6. __ '.. 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I� ` '�' �-� r ' '( II L \\�i I u �I C M Arnendmei t _ Proposed t 1. r � F r.. •� M! rs ' C3 E A V E R 11 O U V - ��� 2 �=L iI�T��� R 4.5 I J lir IDCA2013-00403 f Mtn t r• a� u�1 urx, S.rc• [ i �� 411IM,ti 4 ,,�{ rr••. I f ' 11-1 ��� - I %. ri V- i'- er[�'E zi .nm �� I .�nl �-"ice 1 .r'. _ � �.�f--- 1 � _ 1 .`� ��r/LI� - I SEN I %�ij'Ir IIf.I ,•te,7ltf ., - w _, �l C ..7G7 , _ �� Proposed Park&Recreation Zone I i -. :• t f' ♦ �`� rai . IY Ir t 'n II-- _ • \ x 1•.. n 1 If f�:-�-= PARK I % P 1 I �r,".�� _- II"', n "- r.:" :1xr cC�r .•%. rt}. 3i. - ..;', .�.. L--- �� I II II. r�.I i J r,,1 ,.�+2 , ..,\ et j m. _ nUth�i,�.li( j.�.r • •rt _ .*� % NGlz e 1 INN Wi c 1' im] •'• ' :•• `' 1 11 L.GN^.� II! } [*+ -y�r1 PARK EAS 1 `IBIS 1 ,•Ii � . I I h g �' ) e Tigard City Boundary ti ' /ti�+, - - ...1 tiq „0�K¢i1.'•d�• -� ,---'Tia11nr..y i' -��i� r 1 •. IlY3L rI11.E-�1J: I L J-'1 I Zoning .y 1':,__.1 ' 44 �;l:na.e' -�'Ort' AIC i I "L_\./a -.__- ENG L'EWOOD O. r _'1■4121 I 1 / r7 • _ PARIF-VJST MU1t2 44 _t ip `�■44`i �\ �� t - `� R-25 R 4.5 ,R-7 �_- 4-,. • ! 30,000 Sq Ft Min Lot Size R-7 R t -f 1Z ZbI I , i ' ( , r--'� ♦� ,lrr V," .'�-25 PROPERTY R-4.5 �' 20,000 5q Ft I\lin Lot Size y ! .. ,. J ✓�1 �, �I MUR-1 -( f' L� a 1 �� R 12, �t •y I I lR�a•r► � . • . R-3-5 R-7 ih { L suMMEg R_2 r 10,000 Sq Ft Min Lot Size f i 1 .. 'l: /' I __._ R 12 LAKE PARK R-12�r I : ( r J r- II � I ' V ' " MUE 7,500 Sq Ft Min Lot Size t I • .. Ili_�IfF,c-;--'a-"&t.'F, E-.`-'-1 �• ✓ -'-"1 �DIRK5EN �' I . - I t ' 3 -�-1?: �\ �� R-7 �i riAiuRE 5,000 S9 Ft Min Lot Size F_ PARK A • illa d R 4.5 yyy ��. / R-25 R_7 I WINDMILL 4 WOODARD l-P LIBERTY ' 3,050 Sq Ft I\lin Lot Size - I R-25 RP,ARK PARK �. PARK ' 03 /" ' 1 COMMERCIAL - b 'n f N PARKIEW R-12 R-1 �r PARK - i 1,480 Sq Ft i\Im Lot Size I� i( �� 1 - JACK .`I '-4.5 I-\ I 'PARK R-4.5 I - 40 Units Per Acre �Y•. 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PRICEenRK R-3 5 R-12 IY ■'/r'�+••!t- ,1■•••U•/1■11•Ihm I -r i - r{{i j❑y4 `.-1 f--1 I I R-25 EASUt.BUTTEI/i� •y�, w�+�.1•...�/'rSelI11.!,eoad�in/ i�� I >'.�•�, •it.!r I ( R-4.5 XERITAGE PARK r� R-4.5R7 ( 7:driiii•::;;Ii::: Mixed Use Commercial 1 I'R �II• • r. 1 1 /-"': I .. noun.;�� I• •ur.y a_ / ier Mixed Use Employment 11.aqZ.4•• A Ir N.rn•Lu..a l n:•�. FRI f\-L._‘)n■ 1, ajr _ 1.i � ' f �� I P i 44 eeitli :Mixed Use Employment 1 _ •, = Lin.\ i I L ' )1 G R-12 ' 1d kll _ Mixed Use Employment 2 saw rw tar°: •a .� Ir / R- 1s 9... �,j IRK 1 -• ..... - i R-4.5 •r'I:r :I1Ih Light Industrial -� hl, z' 1 _ .._ar 1� R-7 c IV ,.jr '•'■! ••! F �� 1 ... + ' .. N+ � ' J R-25 R-4.5 ?�7jii�`re E rsF3w Industrial Park 1 -. . + 1 u �/- 1 4.5 R-12 „: I i` Hear ti'Industrial Vicinity Map Scale k "" I /�/ : ,Ar e Miles tl 2 i Washington Count'Zoning 84 0 0.25 0.5 �1 ' 1' t� P tl 'TLA-9 ``' I l.:®�ncn� ! L Ft= _ 1:0,111:t I� % p .... _ I I'/�w i ce! l�Ar•;e= 6 - _11 • 1111111.NIM ���yff ..tin=.�M••1111..::I \ 7 i 1 y ':nun COOK ' ■n n. •:E •4L■ ILWA KBE TIGAKD l l u a I1 I r..,•ti •I- 1 i PARK +/ r• ;= !�_ �% ir� •.Lnu r .. I ? ♦ .,,J-� .nil�rulii{- �r� I __.. 11 �........... wlJJJ CM4 �� �' �_� �a7:I , I. Ilm iu - I I r •• J �' I S �� / f[ t'IXB.Nrb. - Crr of 71 artl _ _- '� l Ii C y� O •1u Bun- Y 9 ~ Nm1 mC �'� /zi•+..K?=ty[:. 1 /� 1/ I •�'N••.$ 1 FAN" '1.14 z �, N n.n9 p• NNIg4,11 Nlh� i • run s' LAKE OSW .a 13125 southwest Hall Boulevard .��+ ,,,ti nu! :4 4 p in�.nyl•r % yNNNnNill /u 1 t' Tigard, Oregon 97223 I -s.no nr II p r6 - -.,[i IH q= ••• ■ g, g . � l :Farts md,7:ri7.il t ` t 11 C�•�s 1• ■ NN 1 i Cv 'amlur _ �p S rlfiru!1 11■un ``�SS, FWALATIN 603 . 639. 4171 i\ -- I je[ulu11i1D her :' .•r• �• ��. .Nrsr :•••u `�f 5, • .. www.rtgarO-or % 0 [11iiC 9 _'� lilt C' .1 • .•• y r Y-is \ I n..-m t . . h• r •If / ♦ a. ®3 .�or ,4 ,r, .-,__. . .11.E t r I I I ~�CO�� MI . _ ,N -., .S- . ,. . _ .�i� r �\ _. - ,,--- flA= (nap... -r T 2_i; t1 is 1.._ �, " r �� =r::��lr�• ♦ .n ar1r ..��!• • CHAPTER 18.540 PARKS and RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18.540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including: A. Providing opportunities for both active and passive recreational facilities to meet neighborhood, community,and regional needs; B. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity,improve public health, and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics,program needs, and external regulatory requirements; and G. Allowing for the efficient implementation of plans and improvements to parks,recreational facilities, and open areas with appropriate reviews where compatibility.issues may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks, open space, and recreational facilities and may be applied within all Comprehensive Plan Designations. City owned parks,open space,and recreational facilities located in a plan district may retain or receive other than a Parks &Recreation Zone designation if it better furthers the goals of the plan district. In addition, other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,inventoried hazards, and/or sensitive lands are subject PUBLIC REVIEW DRAFT OCTOBER 17,2013 MAILING / NOTIFICATION RECORDS 1 „ 1 ii I "O Oregon Department of Land Concervation andDevelopment635ClStret Suite l50 ji ►iSalem OR 97301.2540 Tha,urrce R Enln T,k;G;,ewr (503)373-0050 Fax(503)378-5518 1-3 www lcd state or.us Mci NOTICE OF ADOPTED AMENDMENT 02/18/2014 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 004-13 The Department of Land Conservation and Development(DLCD)received the attached notice of adoption. Due to the size of amended material submitted,a complete copy has not been attached. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday,February 27,2014 This amendment was submitted to DLCD for review prior to adoption with less than the required 35-day notice. Pursuant to ORS 197.830(2)(b)only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals(LUBA). If you wish to appeal,you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA,(OAR Chapter 661,Division 10). Please call LUBA at 503-373-1265,if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government.A decision may have been mailed to you on a different date than it was mailed to DLCD.As a result,your appeal deadline may be earlier than the above date specified.NO LUBA Notification to the jurisdiction of an appeal by the deadline,this Plan Amendment is acknowledged. Cc: John Floyd,City of Tigard Gordon Howard,DLCD Urban Planning Specialist Anne Debbaut,DLCD Regional Representative <paa> YA r • • DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 20-Working Days after the Final Pft Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 or ' "" Jurisdiction: Tigard Local file number: DCA2013-00003 Date of Adoption: 1/28/13 Date Mailed: 2/6/14 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes ❑ No Date: 10/14/2013 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ® Zoning Map Amendment ID New Land Use Regulation I Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Text amendment to the Tigard Community Development Code and associated zoning map amendments to create a new Parks and Recreation base zone for publicly owned parkland and greenspace. The new zone would reside in a new chapter; would only apply to approximately 500 acres of land presently owned by the city or other public agency providing community recreation services, and developed or intended to be developed for public parkland, and would be applicable in all comprehensive plan zones. The zone would not alter existing goal 5 regulations. Does the Adoption differ from proposal? Yes, Please explain below: Approximately 5 additional acres of residential land were rezoned due to a mapping error by staff, and the Council changed the allowed uses table to permit"Outdoor Entertainment" as a conditional use within the adopted Parks and Recreation Zone. Plan Map Changed from: no change to: no change Zone Map Changed from: Res., Comm., Ind. to: Parks and Recreation Zone Location: Citywide Acres Involved: 500 Specify Density: Previous: Varies New: none Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 N Was an Exception Adopted? ❑ YES ❑ NO Did DLCD receive a Notice of Proposed Amendment... 35-days prior to first evidentiary hearing? Z Yes ❑ No If no, do the statewide planning goals apply? ( I Yes 7 No If no, did Emergency Circumstances require immediate adoption? L. Yes ® No • • DLCD file No. 004-13 (20051) [17757] Please list all affected State or Federal Agencies, Local Governments or Special Districts: Metro, Oregon Department of Transportation, ODFW, Department of State Lands, Clean Water Services, Tualatin Valley Fire & Rescue, Tri-Met Local Contact: John Floyd Phone: (503) 718-2429 Extension: Address: 13125 SW Hall Blvd Fax Number: - - City: Tigard Zip: 97223- E-mail Address: johnfl@tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 20 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 - Notice of Adoption to DLCD,please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 8'12 -1/2v1 I green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.am end men ts state.or.us. http://www.oregon.gov/LCD/forms.shtml Updated Decem her 6,2012 • • CRY OF'I1G.1RD, OR1:(;ON '11G.\RD CITY COLINCII. ORDINAN(;I'. NO. la- C3 AN ORDINANCE AMENDING CHAPTER IH.331 T:ONDI'l'I(1N.\J, USE) AND CREATING CHAPTER I8.541 h(1R TI IF PURPOSE OF ESTAliLISI ZING A NEW BASE ZONE TO BE KNOWN 1S TI Ili PARKS AND RECREATION ZONE, AND ,\SS(xci:\'FED %LINING MAP AMENDMENT,: '1'O CI-IAN(;1. .\PPROXIM\"l' X 500 ACRES OI• c.l'IY OWNED LAND FROM EXISTING RESIDIiNTL\L• Ct 1AI\II(RCIAL, AND INDUSTRIAL. ZONING DESIGN VI1ONS TO '11 IF NEW PARKS AND RI.CREX1TON Z( (DCA2013-icx)03). 11'HERF.1S, the city initiated application for the proposed code amendment to amend the text of Development Code Chapter 18.5311 (Conditional Use) and Create Chapter 18.5411 (Parks and Recreation 'Zone) to establish a new base zone;and WHEREAS, the city has also initiated changes to the 'Zoning Map to apply the new Parks and Recreation Zone to approximately 5(10 acres of city-owned land;and WHEREAS, the purpose of the new base zone is to preserve and enhance publicly owned open space and natural and improved parkland within the city;and WHEREAS, notice was provided to the Department of I.and Conservation and Development ar least 35 days prior to the first evidentiary public hearing, and WHEREAS, notice to the public was provided in conformance with the 'Tigard Community Development Code Chapter 18.3911.f1611.D; and WHEREAS, the Tigard Planning Commission held a public hearing on November 18, 2013 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended be staff and Planning Commission;and WHEREAS, the 'Tigard City Council held a public heating on January 28, 2013, to consider the proposed amendment;and WHEREAS, the Tigard City Council has considered the recommendation of the Planting Commission;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Srawtcs Chapter 197; any federal or stare statures or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHERI?.\S,the'I'igtrd City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves the request as being in the best interest oldie City of'I'igrrd. ORDINANCI' Ni'. 14-Q. Piny • • NOW,'11-IERf TORE,THE(;ni OF TIGARD ORDAINS AS FOLLOWS: SECTION I: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SIiC'11ON 2: The specific zoning map amendment attached as "EXHIBIT B" ro this Ordinance is hereby approved and adopted by the City Council. SECTION 3: The findings in the Match 1 I, 21113 Staff Report to the Planning Commission and the Minutes of the November 18, 2013 Planning Commission hearing arc hereby adopted in explanation of the Council's decision. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the Cis Recorder. PASSED: 13y J( 11 11t►IA IC-) vote of all Council members present after being read b►• number and title only,this - 'da) of ,2014. �, rt"1itUtiwr,r lA, [ul Carherine Ni'hearIey,Cat} Recorder Y. APPROVED: By Tigard City Council this -- tclay ,2014. a Land Henr]ersnn, Approved as to form: C . -t f'�Si A P_n' ‘City Attorney Date ORDINANta•: No. 14- (11) Page 2 • • X hI_!�L CITY OF TIGARD PARKS ZONE PROJECT (DCA2013-00003) PLANNING COMMISSION RECOMMENDATION OF NOVEMBER 18,2013 AS AMENDED BY TIGARD CITY COUNCIL ON JANUARY 28,2014 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd,Tigard, OR 97223 503-71.8-2429 / johnfl@tigard-or.gov • • Staff Commentary 'Phis document is intended to be read in book format,with proposed tear amendments on the right hand page and staff commentary on those amendments on the left. The comments are intended to provide both clarity and future documentation as to legislative intent. The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter(18.540) as set forth below. Proposed changes arc indicated by the use of strihethreughs ro indicate language to he removed. TIG I1W P. It1CS ZUI\'I i MOO' O' PL•lNN1:\'C U):1L111.3iOA J !(.O,11.11hi\1). fl?oN ) 1.11Ii.\I)1',D A) COI 'NCIL • • Proposed Text Amendments CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose \o a,,wt,vnispo.•..i. 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval /No,hagc propcb ed, 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types R. Additional development standards the additional dimensional requirements and approval aandard; for conditional use arc as follow.: Corn..._.._:... oeefe n _d n__b_, Ti(, •Jll) !' 1Rh.1'Z(h\'!:IRn/): . Pl. l.\\'h\(,( nt1.111.WO.\ RI:((llllll:.\1) I'17O\ •1.1' •Iai1:.\!)GI)11) (.HI \u!_ Staff Commentary Thu proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. Proposed tear amendments included on the opposite page include the purpose of the none,its short name for use on the zoning map,and where the zone is applied. Language proposed in I8.540.I)30(Where the Zone is Applied)reflects the intended purpose of the zone, namely acknowledgement that the land is in public ownership and intended for development of parks and other community recreation facilities,and is nor intended as a general open space zone to be applied to public and private property. As proposed, hhc zone is not intended or allowed on privately owned property. TIG.•IRI) P. RKS"Y. N41iPIttl/I 1. 1'L 1.\.\'I\Y;O):11111i1SI 1\ lfl:C1).t11•11.,h0.•1i70\ IS 1.111..\I.)EI) Il) (X)('1\Y.11, 4 • • • Proposed Text Amendments CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18.540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended ro serve many, functions including: A. Providing opportunities for both active and passive recreational facilities to nicer neighborhood community and regional needs; B. Providutg_contrast to the built environment C. Providing opportunities to strengthen community identity.improve public health.and foster interactions between citizens; D. Providing ecgnomyc_des_'lopment by creating a desirable public image and robust quality of Life. E. Recognizing that publicly owned parks have a special relationship to the conununity and are an important resource; I'. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics.program needs, and external regulatory requirements;and G. Allowing for the efficient implementation of plans and improvements to parks. recreational facilities and open areas with appropriate reviews where compatibilit3 issue may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR_ 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned laudsintendcd as parks.openipace and recreational facilities and may he applied within all Comprehensive Plan Designations. City owned parks.open space.and recreational facilities located in a plan disuicr may retain or receive other than a Parks & Reunion Zone designation if it better furthers the goals of the plan district. In addition,other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18180 Zoning Map and Text Amendments. 77C..A O P. IRKS ZUI\'1:PRO IiCT Nf_ !AXING(XkliAfl.S•.S7()2 RIiC.OALAft:NI)•177U;\' I.cAmEiNDf:DBI•col \CJL 5 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlininp. 'fable 18.540.1 establishes the use regulations for the new zone,and is consistent with the stated purpose set forth in sections 18.540.01t1. TIC•1Rl)P•J RK.c Pi_ INN/M. (i)11,111S.U)i\ K1it,tt,11:111iN1)•(MA •1.c ',VEN1)F•Dn) ('tiE't?.,7L 6 • • . Proposed Text Amendments 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones,plan districts,invenroricd hazards,and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject Co regulations as SO forth elsewhere in this tide. 18.540.050 Use Regulations A. 'Types of uses. For the purposes of this chapter. there arc three types of Ilse: I. .1 permitted (P) use is a use which is permitted outright,but subject to all of the applicable provisions of this tide. 2. A conditional use (C)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 I8.330 (Conditional l'se). 3. :1 prohibited (NJ)use is one that is nor permitted in a zoning district under any circutnsrances. B. Use table. A list of permitted.conditional and prohibited uses in the Parks & Recreation Zone is vresented in Table 18.540.1. TABLE J8.519,1 USE TABLE: PARKS &RECREATION ZONE Land Use Category Use e RI SIDLN I I.\]. Household hiving Group Living N Transitional Housing N home Occupation _ ________N- CIVIC Basic Utilities C C"lieges hl Community Recreation J'/Ct Cultural Institutions C Day Care N Emergency Services N Medical Centers N Postal Service N Religious Institutions b( Schools Social/Fraternal Clubs/l.udg lY Tic.•Iltl)P•!us LUNL PRQJI a f Pi-4,N'..INGLOALi4lsstrl? RI:(z)A1%liiNI)-MON •IS LtlliNOl:3D131•(X)('N<3L • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and ltccrcation Zone,as set forth below. New language to be inserted into the code is marked by the use of underluninp. Table 18.540.I establishes the use regulations for the new zone,and is consistent With the stared purpose set forth in sections I8.540.011 . While the zone is intended primarily for community recrearion land uses,outdoor sales and eating and drinking establishments arc proposed as conditional land uses with restrictions,in order to allow limited concessions within a city park. 'This would include things like food and beverages and recreational equipment rentals. On_Januar) 28,20l4 ncc'Irigard Cin'Council moved to include Outdoor 1.Inre•rrautmenr as a conditional use within the new zone. This was done to not preclude programming and vendor oppornm itics within city parkland through a process that cttsurcd opportunities for public comment. TIG•11.41)P IRKS'ZONE PRO!!i( I' 1'L_•IN.\INC t:OAM1LiSYON RI(O1VIIII:NI) II!ON. IS MI1 ENDED U)'Cf)1 ',\'C.71_ 8 • • Proposed Text Amendments COMM RClAI. Commercial Lodging N. Custom Arts and Cnitts �l Eating and Drinking Establishments Major Event Entertainment Outdoor F.ntertainnu•nr Indoor Entertainment �* Adult I nterraitunenr N. Sales-Oriented ' Personal Services j Repair-Oriented N Bulk Sales r ]� Outdoor Sales Animal-Related �1 Motor Vehicle Sales/Rental ZI Motor Vehicle Servicing/Repair Nl Vehicle Fuel Sales Office (�' Self-Service Storage Non-:\cc•ssoty ParkingN INDUS_FR.1.1 L —� Industrial Services N • 1 hr Industrial • General Industrial Ni Flea-}. Industrial N Railroad Yards - N Research and Development Warehouse/Freight Movement N Waste-Related N. Wholesale Sales N OTHER riculnu•c / l lorriculmrc ] Cemeteries Detention Facilities _ Nl Heliports I� Mining N. Wireless Communication Facilities Rail Lines / Utility Corridors �. P=Permitted C=C;onditional.. ..ti__e N=Nrzt Permitted Ti(;.•IR1' P•IR SZON1j!'Jtufh( u Pi_•I\Alm;( 0.)1:11I.f.flO 'R)iC,Y)hltll:.\1).-)71O\ •1.1' 1.41/I DED B)'(.(fl T( (_71_ 9 • • Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. The text amendments on this page constitute one of the biggest changes from existing regulations. In contrast to present regulations where community recreation is a conditional use in almost all zones, the proposed amendments would exempt a series of clear and objective development types from conditional use permit review and sire development review, provided they met all applicable development standards. 'these development types can be broadly construed as "passive recreation facilities'and by themselves do nor have a high likelihood of creating off-sire impacts. The size threshold for small structures (600 square feet) was chosen as it is approximately the same size limit as that applied to accessory structures on residentially zoned lots (528 square feet). These structures would be required to adhere to stricter setbacks than residential accessory structures, when adjoining a residentially zoned lot (sec proposed development standards in 18.540.060 below). According to the Parks Department, most small structures arc under 500 square feet in size. The code proposes CAM square feel to provide flexibility in future park programming. A picnic area designed to accommodate groups of less than 25 would be defined as open area with either a hard or soft surface pad that accommodates up to two or maybe three picnic tables — depending on size. 77G 110) PARKS ZONE PROfficT P1. IA\i\MG(.Oh!A•IISS/U.\ i i (.O,tdld1:,\I) MON ,1S. IA LN1)ED 1i) COI \Yap. /0 rr 'IL )\ la).(ff fCl.\t 1I 't SI \'c)LI Cf\luvrtr)YIN.\'0I. If 'tV0..77\7\'.VI hI .1.)'11011d "l\OZ 3'YN1 d CI If JLI. •s)g9I)e3 futtur'.13u tuatuanida3 30 aDLreuaulrnau atntnnx •g -arts ut taa3 :meths nip j, OJ do suapie.B.itrununuo,) 'L -suouuadwo) put suods pazetu`10 Jo) papnaaui JO pa4isap tou pue pa)eurunl(p)ou tulip saa 1PIUIS imp() put!sl•'ttaal .siailO)'+ppar.( (euonea33a3 .loop1110) '9 5 , uegl ssal Jo sdnua., a)tpoualtoaae oa patdtsap state afuacd •S pittp alai 51 uelp aa(ltlt ou plt6 '1ZIS ut laaj a.tenbs 009 of do sa1n))nats 'spelt a:n-p(nw '].).11N-.110 'U 'a311.1et1 aeptlns UJo stuatu) (udun aatpu pue sapetda)aa gse.n tat )ggntl•55Ota a(aaaiq•sagnnq •sa(gly xu)ul•tunudlnba Stpd se tens sAtrrgs urnj '-C(dde sao!,da.r asn putt a(gt3gdcle )atpo llt• '.ov(atl Nun sasn ay Jai paxrnbar lot' st al.alaas ntautclo(a.tacp aa!S %Tit stgt 3o suo9e(nt3a3 )ag)o put spaeptleis ntauidtlfa ap ag) garnt :((duto- ,iatp 31)L( tn10 paatone rat W,xudop.lap 3o sad() ant.nnpoj atpl 'asn purl aoneaa)ax .i4runnttuo7 t rite) pa)tt)osse tt ttm -ttiA!nnp pauluzad xratudop.la(1 'J •saur11aL.1 uoue)rununuo-) ssa(afl1)\`t46L•gi aa)de ID aas It! '3till purl tro1LL'a)).lx i)ittetuuto:) c a) .Cross:wr tot(' :quo pa)nuua(I RI •uone)npa (t)u.)tuuo)Uuta uo pasnaof saulpae3 pm: sanl.lu)t a patatnsax (Z:1 -uouturuma))p ad:ta asn )n3 n-DT)Su OhS'81 ung)asgns aas 111 smacupuaury L.xaJ, pasodo.i. • • • • Staff Commentary '17u proposed development amendment would result in a new chapter of the Tigard Development Carle to create a Parks and Recreation Zone,as scr forth below. New language to be inserted into the code is marked by the use of underlining. Proposed text amendments on the opposite page establish development types subject to Conditional Csc Permit review. 'These types can be generally described as more "active recreational facilities" which arc likely to generate off-sire impacts and require addirional review on a site-by site basis. In response to a comment letter from the 13onncville Power.Administration,development within a high voltage transmission line right-of-way has been made a conditional use to ensure they arc notified of the proposed development and have an opporrunih• to cumtncnt. 77G 11L!)1'.J14KS'ZO.\l:PROF:("l' PI_-INNING C 7>,Sl SI/.S.S7U\ ::COMM/ \1) 1770;\ I I I II/:,W)til) li] C fl 'i\'C.'!1, 12 • • • Proposed Text Amendments I). Development Subject to Conditional l se Review. The following types of development are allowed subject to Conditional Use Permit approval,as set forth in Chapter I F5.331)Conditional UM'S. I. Pools and aquatic centers,both indoor and outdoor. 2. Community y and Senior Centers providing a focus for reereadonal,soeial,education and cultural activities. These may include gymnasiums,indoor tracks and fitness areas,meeting rooms, office and kitchen space and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5, Off-street parking areas. G. JJ{ecreational fields. courts,arenas and associated structures for organized sports and competitions. 7. Stages and amphitheaters. 8. Dog parks. 9. Community gardens in excess 5 U'1(1 Milian: fret. III, Structures in excess of OM square feet,and/or more than 15 feet high. II. Outdoor amplified sound systems. 12. Illuminated athletic fields,courts.and other outdoor recreational far ',its intended to be used after sunset. 13. Camping,unless associated with an approved temporary or seasonal event as set forth in 18.7145 '1'cruporan Uses. 14. Golf courses,including club houses and driving ranges. 15. Development within a high voltage transmission line right of way. 77t% IRO P'IRKS/_l)Nl:PRUJLI:l J'1. 1.NNI' 'Gl'C)•1L1.N.1:47C)N !{L[Y).11.1Na\'!) 1'I7l)1' LI' 1.i11:A'D1:!)(i) CUI ',VLIL ! 3 Staff Commentary The proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of undorlininp. The proposed text amendments on this page establish new development standards for the Parks and Recreation Zone. At present,development within parks is subject to a uniform 3n foot setback for all structures, and a variety of base zone regulations for things like lot size,width,coverage, height limits,and so forth. •Ihe new standards arc intended to provide greater flexibility in park programming, while providing enhanced setbacks for terrain development types adjacent ro residential zones. For example,small shelters may be built closer to adjoining residential development than currently permitted,while bathrooms and illuminated playgrounds must adhere to stricter setbacks than currently required. TIC; IRI)P•IRKS ZO\1: PRU/I:' I' (.'o.u.1itsmo.\ Rli(71.4U.ILi\l) I77U\' •I.1' 1.1N:\1)ls'1)til t(>1 \C.11, 1d Proposed Text Amendments 18.540.060 Development Standards Development within the zone must comply with the following development standards,except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. 13. Minimum I Air Width. None. C. Maximum Structure I Icight. None,except structures within 100'of a residential zone are subject to the maximum height limit for the abutting residential zone. 1). Mirumum Z4trucrute Setbacks Nolte,except where abutting a residential Rune. In such MCI structures must be setback a minimum clisrance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feel from adioining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools.skate parks,basketball courts soccer fields.and group picnic areas must be setback 50 feet from adioiniog residentially zoned properties. Where the outdoor facility abuts a school use,the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in ibis subsection may be considered through conditional use review as set forth in 18.330, F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones.Where a bathroom or concession stand abuts a school use on a residentially zoned propern-,the setback is reduced to zero. 11C•IKI) !*-IRKS LOW.; PRO)1:t PI_ I\XI1\'C, COMAIl.S:SIC)N RI:CC)A1:1i1:\'r) IT7o,\ IS MU !\'IJl;h fn•C.O('.\C71_ l i • • Staff Commentary 'fhc proposed development amendment would result in a new chapter of the Tigard Development Code to create a Parks and Recreation Zone,as see forth below. New language ro be inserted into the code is marked by the use of underlining. Parking requirements for dog parks were transferred unchanged from exisnng CUP approval criteria,with the exception of dug parks less than / acre in size. • '1•1c,:•Utl) n•IRKS ZONE PRO)I:('!• PI_•ANEW,(.lh1L111.4;Sk)\ RI:('O.b1.111:.\!).•ITK);\' IN I1f!„Nt)!.n13) r.cx'NCH, /6 • • Proposed Text Amendments G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking& loading Requirements) with the following exceptions: I. Minimum parking requirements shall only apply to conditional uses in this zone. Outright permitted uses arc exempt in minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced arca of one-acre or mole shall provide a minimum of lire vehicle(larking space,and a parking plan for anticipated peak use periods. b. Dog parks or oti-1cas11 areas ieith a fenced area of less than one-acre shall provide a minimum of three off-street parking spaces.and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one-half attc arc exempt from minimum parking requirements. 11. Signs. Signs ua the Parks cX Recreation Zone shall comply with the regulations applicable ro non-residential land usesin residential zr,ues,as set forth in Subsections 18.78(101),..\ and R of this'1'irk•. 1. Lights & Amplified Sound Systems. Lights and amplified sounds systems shall comply wirh Chapter 18.725 (Environmental Performance Standardsi. In addition,glarr sources shall be hooded,shielded,or otherwise locared ro avoid direct or reflected illumination in excess of 1).5 foot candles,as measured at the site boundan or at the furthest boundary of adjacent industrially-zoned properties. TIC; IR1) P-IRKS ZONI; PltO/it( 1 Pf.•INN/1\h COMM/S.)/ON RI..( f,'t!L•\D•fl?l>\1.•11 .111.4fs,\Dfit)l -LY)l '.\lal. • } T r Parks and Recreation Zone W a I c a f� � 13• _ ' i i ti 2 It I, , ., . Proposed Map Amendment • i, E , �ry o r� I I Planning Comm. Recommendation u ••, ' l ' ' ' - ' R�S + —I R�.S i with Recommended Staff Changes . - I . January 23, 2014 + - - - - .-. ti• l I r :::.] Tigard City Boundary . ‘� • R 12 I b, -:` - • � - - �� i i ., Proposed Parks and Recreation Zone -��fn .A .r: � _25 R-45 �e _- _ - I ~ " Zoning ~�y R•7 R- / -R 12 s R 4.i G8 e 30,000 sy Ft Min Lot size '` )16 RI $ -F n ;R // a R•3.0 R-12 R-9.5 i 20,000 sy Ft Min Lor Size �a P // R-12 6 MUE 10,000 Sd Ft Win Lot 1'iec I -I '••` i '•` ___i i I 7/ R-25 R•7 i r R-7 7,501)Sr{Ft Min Lor Size I. .` !/ 1.101 R-25 4 - 4„ _ / i Tr, I-P C�{ 5,0 Win f:::: i2 Illira RJ.S 5 • Win _ - _ ;_- "*• RJ.0 '- - , , 1,480 tic{Fr&lin I.or Size 14UE 1 i ' ' Q•11 *; 11111 4U titans Per Acre -off -• 1 J I) it t""""+ , ;'-.row; ir R-12 F a �r�- Mined Use Residential I r 1!1 f I-P r J Mixed Use Restidenrial 2 1 • I !1 7le R-3.ti R-3Ili 5 ! Mixed Used Central Business District l _ 4R40111 a - : R-4.5 Co[rununitr Commcrei J R•f 1 - i,. ti---- Rig Neighborhood Commc,r i£ 1, • I �-. 1 R•9.6 I•H I4. . 1 - — �. I J O.,/ - l J, R.T . J II�- General Commercial . _ • l•L • II--I,', �w R-7 R-1 R-2 R-12 R.12 IIIIProfessional Commercial x- = - J � _t • e / ^ j-1 II "r t - 1 R•1 5 J R-3.5 O"' R. Mixed Use Commercial a R•40 r .- I I 'i 1 tr) 'I I-.1 -7/ R•,t.9 ";1 Mixed Use Commercial 1 I ��_ �, , �# I ' l� sir Mixed Uar Employment I I . ,, i1 lr Jr R-25R.7 R-7 R�.S Mixed Use Employment 1 I • _ + as IL v/ / tb12 R-42 Mired Use Empioymrnt 2 . t.- t.-_.._._-i .. . , Light Industrial R�.S t •'i.:' Industrial Park Vicinity Map0111111,1114..m.-, / i 4 DATA SOURCES: I IL..i I CI - -- Ciry of Tigard i .1 •�, j I /r ( , f d i Metro 5 , :S /` Heavr Industrial PORT•4AND- Washington County [r : I �"s+ l - C•X • 4 a 1 1 _- ,-- „..... // I Washington Counn Zoning / BEAVERTON. p .• . I I t. ., r c_—-e 11: MltAUK/E• rIGA^D I1qPsgli . - i IT ' TlGARG r r + • 111 di�� ( [ . • I rr JS ;it oval,. fr Mgr/rtiultrud "/.' rt- 1 • • ' , oat so. soil r , 11.14 0 5 des w•• -.aa.d ar On. s St .V r♦f i Aa..wN' $ 02.24° - ^yiS f _ 4 ;f ,1r .1 tA21€-,:f FR4 MM iiPGi?L"aaE V TIGARD _J F PMENT SERVICES N HALL BLVD. OR 97223-8189 • OR DEPT OF LAND CONSERVATION &DEV (DLCD) MARA ULLOA ye pin A44.4,.w.W Sp.4HsO' 635 CAPITOL STREET NE SUITE 150 SALEM OR 97301-2540 • • 411110Lj In pursuit ❑ elecu'unic ❑ mailed •O'n� IPAZ DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 20-Workina Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 or t rr: Jurisdiction: Tigard Local file number: DCA2013-00003 Date of Adoption: 1/28/13 Date Mailed: 2/6/14 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes I I No Date: 10/14/2013 Comprehensive Plan Text Amendment 7 Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ® Zoning Map Amendment ® New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Text amendment to the Tigard Community Development Code and associated zoning map amendments to create a new Parks and Recreation base zone for publicly owned parkland and greenspace. The new zone would reside in a new chapter; would only apply to approximately 500 acres of land presently owned by the city or other public agency providing community recreation services, and developed or intended to be developed for public parkland, and would be applicable in all comprehensive plan zones. The zone would not alter existing goal 5 regulations. Does the Adoption differ from proposal? Yes, Please explain below: Approximately 5 additional acres of residential land were rezoned due to a mapping error by staff, and the Council changed the allowed uses table to permit "Outdoor Entertainment" as a conditional use within the adopted Parks and Recreation Zone. Plan Map Changed from: no change to: no change Zone Map Changed from: Res., Comm., Ind. to: Parks and Recreation Zone Location: Citywide Acres Involved: 500 Specify Density: Previous: Varies New: none Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 xIX _ HX _ r_ Was an Exception Adopted? n YES NO Did DLCD receive a Notice of Proposed Amendment... 35-days prior to first evidentiary hearing? ® Yes ❑ No If no, do the statewide planning goals apply? 7 Yes ❑ No If no, did Emergency Circumstances require immediate adoption? I I Yes ® No • • DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: Metro, Oregon Department of Transportation, ODFW, Department of State Lands, Clean Water Services, loll Tualatin Valley Fire & Rescue, Tri-Met Local Contact: John Floyd Phone: (503) 718-2429 Extension: Address: 13125 SW Hall Blvd Fax Number: - - City: Tigard Zip: 97223- E-mail Address: johnflnatigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 20 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only(not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption(ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 -Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 8'A -1/2x1.1 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at(503) 373-0050 x238 or e-mail plan.amendments(a state.or.us. http://www.oregon.gov/LCD/forms.shtml Updated December 6, 2012 q AFFIDAVIT OF MAILING - TIGARD I, John Floyd, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following: ❑x NOTICE OF FINAL ORDER BY THE CITY COUNCIL FOR: TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT AMENDED NOTICE A copy of the said notice being hereto attached, marked Exhibit "A" (with atchs), and by reference made a part hereof, was mailed to each named person(s) listed as applicant or owner on the final order and at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, on February 10, 2014, and deposited in the United States Mail on February 10,2014,postage prepaid. JOHN FLOYD STATE OF OREGON County of Washington ) ss. City of Tigard Subscribed and sworn/affirmed before me on the \dVh da}- of , 2014. '+.' OFFICIAL SEAL () :��'� CHRISTINE L. WILEY ( �. NOTARY PUBLIC-OREGON 1COMISSIN NO.MY COMMISSION EXP R S FE RUAR 03 2017• NOTARY PUBLIC OF O GON My Commission Expires: D A- ), lc-1 120 DAYS = N/A • • DATE MAILED: 2/10/14 . CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 Case Name: TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT Applicant's Name/Address: City of Tigard Owner's Names/Addresses: City of Tigard Address of Property: All City-Owned Parks and Grcenways Tax Map/Lot Nos.: All Cit\-Owned Parks and Greenways A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 14-03). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MAIERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON NOVEMBER 18.2013 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JANUARY 28. 2013 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THE FINAL ORDER, WHICH INCLUDES THE STAFF REPORT, PLANNING COMMISSION MEETING MINUTES,AND DRAFT CITY COUNCIL MEETING MINUTES. Subject: ➢ Combined development code text amendment and zoning map amendment to revise Chapter 18.330(Conditional Use) of the Tigard Development Code; adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The adopted text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map will change the zoning designation of approximately 500 acres of city owned property from residential,commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes will result to the city's sensitive lands inventory or regulations. ZONE: Citywide—All Zones. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11;Metro Urban Growth Management Function Plan Title 12;Comprehensive Plan Goals 1,2,6,8,9, 10,and 11;and Community Development Code Chapters 18.380 and 18.390 Action: ➢ ❑ Approval as Requested ® Approval with Modifications ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: E Affected Government Agencies ® Interested Parties EXHIBIT A Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON FEBRUARY 27,2014. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon or the City Website at www.tigard-or.gov Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions,please contact Associate Planner John Floyd at(503) 718-2429 /johnfl@tigard-or.gov 1) CITY OF TIGARD REQUEST FOR COMMENTS NO INCATION LIST FOR LAND USE COMMUNITY DEVELOPMENTA'PLICATIONS FILE NOS: 649-013 00o3 FILE NAME: air �ce'f( AVE}- , ✓Place a checkmark in the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES C.D.Administration/Kenny Asher,CD Director C.D.Administration/Tom McGuire,Asst CD Director City Administration/Cathy Wheatley,City Recorder development Services/Planning-Engineering Techs. evelopment Services/Development Eng.Mike McCarthy(Copy on all Notices of Decision) evelopment Services/Arborist uilding Division/Mark VanDomelen,Building Official ,olice Department/Jim Wolf,Crime Prevention Officer ✓ Public Works/Brian Rager,Asst PW Director Public Works/Karleen Aichele,Engineer Tech 1 Hearings Officer(2 sets) anning Commission(12 sets) City Attorney File/Reference(2 sets) LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* Afty of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* ✓ ity of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* city of King City City Manager,15300 SW 116th Ave,King City OR 97224* ty of Lake Oswego,Planning Director,POB 369,Lake Oswego OR 97034* pity of Portland,Planning Bureau Director,1900 SW 4th Ave,Suite 4100,Portland OR 97201 ✓ City of Tualatin Planning Manager,18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center(ZCA-Adopted)* etro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,O.Gerald Uba,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr.Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179(Notify If ODOT R/R-Hwy Crossing Is only access to land) DOT,Region 1-Development Review Coordinator Carl Torland,Right-of-Way Section,123 NE Flanders,Portland OR 97209-4037(Vacations)* ODOT Region 1 Development Review Program,123 NW Flanders St,Portland OR 97209 OR Dept of Energy,Bonneville Power Administration,Routing TTRC-Attn: Renae Ferrera,POD 3621,Portland OR 97208-3621(powerlines in area) OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310(monopole towers) gr/6R Dept of Environmental Quality(DEQ),Regional Administrator,2020 SW Fourth Ave,Suite 400,Portland OR 97201-4987 ,(Notify for Wetlands and Potential Environmental Impacts) ✓ OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District,18330 NW Sauvie Island Road,Portland OR 97231 Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 5,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37) OR Division of State Lands,Melinda Wood(WLUN Form Required),775 Summer Street NE,Suite 100,Salem OR 97301-1279 OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301(Notify if property has HD overlay) OR Public Utilities Commission,550 Capitol Street NE,Salem OR 97310-1380 US Army Corps of Engineers,Kathryn Harris,Routing CENWP-OP-G,POB 2946,Portland OR 97208-2946(Maps and CWS letter only) ashington County Consolidated Communications Agency(WCCCA)"911",Dave Austin,POB 6375,Beaverton OR 97007-0375(monopole towers) Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124(general apps)* Washington County,Dept of Land Use&Trans,Brent Curtis,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124(CPA)* Washington County,Dept of Land Use&Trans,Assessment&Taxation,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA)* Washington County,Dept of Land Use&Trans,Doria Mateja,Cartography,155 N First Ave,Suite 350,MS 14,Hillsboro OR 97124(ZCA)* UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics,16550 SW Merlo Rd,Beaverton OR 97006-5152 Century Link,Lynn Smith,Right-of-Way Manager,OR and SW WA,8021 SW Capitol Hill Rd,Portland OR 97219 Century Link,Attn: John Pfeifer,1600 7th Ave,4th Floor,Seattle,WA 98191-0000(proposed and approved Annexation notices) , emtury Link,Karen Stewart,Local Government Affairs Director,310SW Park Ave,Portland OR 97205(proposed and approved Annexation notices) !� Clean Water Services,Development Services Department,David Schweitzer/SWM Program,2550 5W Hillsboro Hwy,Hillsboro OR 97123* Comcast Cable Corp.,Gerald Backhaus,14200 SW Brigadoon Court,Beaverton OR 97005(See map for area contact) IrCURPLNIMASTERS/REO FOR COMMENTS NOTIFICATION UST(UPDATED 081313) Page 1 of 2 EXHIBITS y A CITY OF TIGARD REQUEST FOR COMMENTS NOT I ATION LIST FOR LAND USE COMMUNITY DEVELOPMENT A PLICATIONS UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES(continued) Comcast Cable Corp.,Alex Silantiev,9605 SW Nimbus Ave,Bldg 12,Beaverton OR 97008(See map for area contact) Metro Area Communications Commission(MACC),Fred Christ,15201 NW Greenbrier Parkway,C-1,Beaverton OR 97006-4886(annexations only) NW Natural Gas Company,Scott Palmer,Engineering Coord.,220 SW Second Ave,Portland OR 97209-3991 Portland General Electric,Mike Hieb,Svc Design Consultant,9480 SW Boeckman Rd,Wilsonville OR 97070 Portland Western R/R,Burlington Northern/Sante Fe R/R,Oregon Electric R/R,(Burlington,Northern/Sante Fe R/R predecessor),Bruce Carswell,President and GM,200 Hawthorne Ave SE,Suite C320,Salem OR 97301-5294 /l' Ion Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503-249-3079) t/ yigard/Tualatin School District#231,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 L/,yigard Water District,POB 230281,Portland OR 97281-0281 (/ T .latin Hills Parks and Rec District,Planning Mgr, 15707 SW Walker Rd,Beaverton OR 97006* (/ 01 in Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* (// latin Valley Water District,Administrative Office,1850 SW 170th Ave,Beaverton OR 97006* Tri-Met Transit Development,Ben Baldwin,Project Planner,710 NE Holladay St,Portland Or 97232(If project is within 1/4 mile of a transit route) Verizon,John Cousineau,OSP Network,4155 SW Cedar Hills Blvd,Beaverton OR 97005 *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects(Porject Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Chris or Doreen if you need updates.Thank you. If this roster is updated,please update the corresponding mailing labels at I/CURPLN/Request for Comments Notification Labels I/CURPLWMASTERSIREO FOR COMMENTS NOTIFICATION LIST(UPDATED OB 1313) Page 2 of 2 • • Suc Bic e—DUPLICATE 11755 SW 111`4- tee Already on the 2"d list of Citizens Interested in Tigard Development Tigard, OR 97223 Ron Shaw 13515 SW Essex Drive Tigard, OR 97223 Glenna Thompson 13676 SW Hall Blvd. Unit 2 Tigard, OR 97223 Jared Buckmaster 14802 SW 91 st Tigard, OR 97224 David Driscoll 13469 SW Essex Drive Tigard, OR 97224 EXHIBIT B DON & DOROTHY ERDT The following labels list interested persons who requested to be copied 13760 SW 1215T AVENUE on notices re:development taking place in Tigard. TIGARD OR 97223 BARRY ALBERTSON VANESSA FOSTER 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE MONA KNAPP 11755 SW 114TH PLACE 9600 SW FREWING STREET TIGARD OR 97223 TIGARD, OR 97223 ELLEN BEILSTEIN BEVERLY FROUDE 14630 SW 139TH AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78TH AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER CPO 4B MAILING ADDRESS 13249 SW 136TH PLACE 16200 SW PACIFIC HWY, STE H, BOX 242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL KEVIN HOGAN 13205 SW VILLAGE GLENN 14357 SW 133RD AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS HAROLD AND RUTH HOWLAND CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 PATRICIA KEERINS NOT* Don't mail the City of Tigard label 12195 SW 121sT AVE if there is already a label for City of Tigard TIGARD OR 97223 printed from the GIS labels list. /CURPLN/SetUp/Labels/CIT Citywide Last Update:01 27 14 • • ALEXANDER CRAGHEAD JULIE RUSSELL,CPO 4B CHAIR 12205 SW HALL BOULEVARD 12662 SW TERRAVIEW DRIVE TIGARD OR 97223-6210 TIGARD OR 97224 GENE MILDREN BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST, STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TH AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING&BLAKE HERING JR. WILLIAM S. FARGHER NORRIS BEGGS&SIMPSON EQUITY BUILDERS REALTY 121 SW MORRISON, SUITE 200 10300 SW 92ND AVENUE PORTLAND OR 97204 HAPPY VALLEY OR 97086 DAVID WALSH GLENNA THOMPSON 10236 SW STUART COURT 13676 SW HALL BLVD UNIT 2 TIGARD OR 97223 TIGARD OR 97223 SUE RORMAN BRIAN WEGENER 11250 SW 82ND AVE 9830 SW KIMBERLY DRIVE TIGARD OR 97223 TIGARD OR 97224 LISA HAMILTON CPO 4B VICE CHAIR CAROL RENAUD-WACO CPO NEWSLETTER COORD. 13565 SW BEEF BEND ROAD OSU EXTENSION SVC-CITIZEN INVOLVEMENT FACULTY TIGARD OR 97224 155 NORTH 1ST AVENUE SUITE 200 MS48 HILLSBORO OR 97124 JULIE RUSSELL CHAIR CPO 4B CHAIR 16200 SW PACIFIC HWY SUITE H BOX 242 TIGARD OR 97224 /CURPLN/SetUp/Labels/CIT Citywide Last Update:0127 14 s • NEAL BROWN.GRI DAVID KIMMEL MEADOWS INC REALTORS 1335 SW 66T"SUITE 201 12655 5W NORTH DAKOTA STREET PORTLAND OR 97225 TIGARD OR 97223 JIM LONG,CHAIR, CPO 4M VICTOR DEFILIPPIS 10730 SW 72ND AVE 13892 SW BRAYDON CT PORTLAND, OR 97223 TIGARD OR 97224 DAYLE D. & EVELYN 0. BEACH 11530 SW 72ND AVENUE TIGARD OR 97223 /CURPLN/SetUp/Labels/CIT Citywide Last Update:01 27 14 1,1• AFFIDAVIT OF MAILING TIGARD I, John Floyd, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following: {Check 90111pfiare Box(s)Below) ❑�c NOTICE OF PUBLIC HEARING—DCA2013-00003 FOR: TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission Tigard City Council January 28, 2014 A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof,on January 16,2014,and deposited in the United States Mail on January 16,2014,postage prepaid. ohn Flo d,Associate Planner STATE OF OREGON County of Washington ss. City of Tigard ``� -6, Subscribed and sworn/affirmed before me on the \ day of d ' 2014 0"It.t, OFFICIAL SAL d ,,. CHRISTINE LEWILEY NOTARY PUBLIC-OREGON COMMISSION NO. 53 6 MY COMMISSION EXPIRES FEBRUARY 03,2017 CCA NOTARY PUBLIC OF ojea,GON My Commission Expires:' '� a��� • • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IN ,I IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p . TIGARD PUBLIC HEARING NOTICE NO"1ICE IS I IEREBY GIVEN THAT PUBLIC HEARINGS WI]J. BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY. JANUARY 28, 2014, AT 7:30 PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOUJ.FVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 FILE TITLE: TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The City of Tigard Planning Commission has recommended legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and public parks and greenways owned by the City of Tigard. ZONES: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2, 6, 8, 9, 10, and 11; and Community Development Code Chapters 18.380 and 18.390. PROJECT WEBSITE: www.tigard-or.gov/pzp EXHIBIT A THE PUBLIC HEARINGS ON IS MATTER WILL BE CONDUC1P IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABT F AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL IN 1'ERPRE 1'ERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRI1"1'EN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVIlh BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER JOHN FLOYD AT 503- 718-2429; BY MAIL AT TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223; OR BY EMAIL TO johnflatigard-or.gov. Alternatively you can visit the project website at\vtivw.ti;ard-or.gov/nzp. • • THE PUBLIC HEARINGS ON THIS MAITER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (1DD - 1'1LECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRIIT'EN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESEN 1'ED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WTLT RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRIFIEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILF ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RA 1'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER JOHN FLOYD AT 503- 718-2429; BY MAIL AT TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223; OR BY EMAIL TO johnfl(a,tigard-or.gov. Alternatively you can visit the project website at www.tigard-or.gov/pzp. • • S Bic DUPLICATE 11755 SW 111t'P4aee Already on the 2"d list of Citizens Interested in Tigard Development Tigard, OR 97223 Ron Shaw 13515 SW Essex Drive Tigard, OR 97223 Glenna Thompson 13676 SW Hall Blvd. Unit 2 Tigard, OR 97223 .Jared Buckmaster 14802 SW 91' Tigard, OR 97224 David Driscoll 13469 SW Essex Drive Tigard, OR 97224 EXHIBIT B • • DON & DOROTHY ERDT The following labels list interested persons who requested notice 13760 SW 1215T AVENUE re:ANY development ANYWHERE in Tigard. See Memo for File re: TIGARD OR 97223 Interested Parties Update,August 2012. BARRY ALBERTSON VANESSA FOSTER 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE MONA KNAPP 11755 SW 114TH PLACE 9600 SW FREWING STREET TIGARD OR 97223 TIGARD, OR 97223 ELLEN BEILSTEIN BEVERLY FROUDE 14630 SW 139TH AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78TH AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER CPO 4B MAILING ADDRESS 13249 SW 136TH PLACE 16200 SW PACIFIC HWY, STE H, BOX 242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL KEVIN HOGAN 13205 SW VILLAGE GLENN 14357 SW 133RD AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS HAROLD AND RUTH HOWLAND CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 PATRICIA KEERINS NOT* Don't mail the City of Tigard label 12195 SW 12151-AVE if there is already a label for City of Tigard TIGARD OR 97223 printed from the GIS labels list. I/CURPLN/SetUp/Labels/CIT Citywide Last Update:06 24 2013 • • ALEXANDER CRAGHEAD JULIE RUSSELL,CPO 4B CHAIR 12205 SW HALL BOULEVARD 12662 SW TERRAVIEW DRIVE TIGARD OR 97223-6210 TIGARD OR 97224 GENE MILDREN BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST, STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TH AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING& BLAKE HERING JR. WILLIAM S. FARGHER NORRIS BEGGS&SIMPSON EQUITY BUILDERS REALTY 121 SW MORRISON,SUITE 200 10300 SW 92ND AVENUE PORTLAND OR 97204 HAPPY VALLEY OR 97086 DAVID WALSH GLENNA THOMPSON 10236 SW STUART COURT 13676 SW HALL BLVD UNIT 2 TIGARD OR 97223 TIGARD OR 97223 SUE RORMAN BRIAN WEGENER 11250 SW 82ND AVE 9830 SW KIMBERLY DRIVE TIGARD OR 97223 TIGARD OR 97224 LISA HAMILTON, CPO 4B VICE CHAIR CAROL RENAUD—WACO CPO NEWSLETTER COORD. 13565 SW BEEF BEND ROAD OSU EXTENSION SVC-CITIZEN INVOLVEMENT FACULTY TIGARD OR 97224 155 NORTH 1ST AVENUE SUITE 200 MS48 HILLSBORO OR 97124 DAVID KIMMEL VICTOR DEFILIPPIS 1335 SW 66TH SUITE 201 13892 SW BRAYDON CT PORTLAND OR 97225 TIGARD OR 97224 I/CURPLN/SetUp/Labels/CIT Citywide Last Update:06 24 2013 . Persons listed below want to be notified about EAST side No persons currently want to be notified about SOUTH development ONLY: or CENTRAL development ONLY: Jim Long, Chair, CPO 4M 10730 SW 72nd Ave Portland, OR 97223 DAYLE D.&EVELYN O. BEACH 11530 SW 72NDAVENUE TIGARD OR 97223 I/CURPLN/SetUp/Labels/CIT Citywide Last Update:06 24 2013 • , COMMUNITY NEWSPAPERS 6605 SE Lake Road, Portland,OR 97222 PO Box 22109 Portland OR 97269-2109 IR Phone: 503-684-0360 Fax: 503-620-3433 III il E-mail: legals@commnewspapers.com I AFFIDAVIT OF PUBLICATION TIGARD State of Oregon, County of Washington, SS PUBLIC HEARING ITEM: I, Charlotte Allsop, being the first duly sworn, The following will be considered by the Tigard City Council depose and say that I am the Accounting at a Public Hearing on Tuesday,January 28,2014 at 7:30 PM Manager of The Times (serving Tigard, at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd., Tualatin & Sherwood), a newspaper of Tigard,Oregon. general circulation, published at Tigard, in the Public oral or written testimony is invited. The public hearing aforesaid and as defined hbye on this matter will be held under Title 18 and rules of procedure ORS 193.010 county and.0 state,a that adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission's review is for the purpose of making a recom- City of Tigard mendation to the City Council on the request. The Council Notice of Public Hearing -DCA2O13-00003 will then hold a public hearing on the request prior to making TT11883 a decision. Further information may be obtained from the City of Tigard Planning Division(Staff contact: John Floyd) at 13125 SW A copy of which is hereto annexed, was Hall Blvd.,Tigard, Oregon 97223, by calling 503-718-2429 or published in the entire issue of said by e-mail to johnfl@tigard-or.gov,or at the Parks Zone Project newspaper for website at www.tigard-or.gov/nzp. 1 Successive and consecutive weeks in the DEVELOPMENT CODE AMENDMENT )following issues: -TIGARD PARKS(DCA ZONE PROJECT DEVELOPMENT January 16, 2014 CODE AMENDMENT C1 ,1(Lo -1— REQUEST: The City of Tigard Planning Commission has rec- ommended legislative amendments to the Tigard Development Charlotte Allsop (Accounting Manager) Code(TDC)and Zoning Map in a combined amendment pack- Subscribed and sworn to before me this age to amend Chapter 18.330 (Conditional Use); adopt a new January 16, 2014. chapter to be known as Chapter 18.540(Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the ;71/4� -C 1 Tigard Development Code would remove existing develop- ment standards for community recreation land uses from the NOTARY PUBLIC FOR OREGON Conditional Use Chapter,and replace them with a new chapter My commission expires /� � that would establish approval processes,criteria,and standards for future development within a new Parks and Recreation Acct#10093001 Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of Attn: Chris Wiley - �? city owned property from residential,commercial,or industrial City of Tigard i.3+ OFFICIAL SEAL zoning to the new Parks and Recreation Zone.Onlycityowned ,. 13125 SW Hall Blvd ^>l, RENE R MULLER ) parkland and greenways will be affected by the map change. c,,*": NOTARY PUBLIC-OREGON ( No changes Tigard, OR 97223 ti ) are proposed to the city's sensitive lands inven- ,;;� COMMISSION NO.471574 (1 tory or regulations. LOCATION: Citywide. APPLICABLE ) MY COMMISSION EXPIRES SEPTEMBER11,2016) REVIEW CRITERIA: Statewide Plannin Goals 1, 2, and Size: 2 x 7.75" ` "-�`" "���-��,'��- -:-v g 11; Metro Urban Growth Management Function Plan Title Amount Due: $129.42* 12; Comprehensive Plan Goals 1, 2, 6, 8, 9, 10, and 11; and Please remit to address above. Community Development Code Chapters 18.380 and 18.390. Publish 01/16/2014. TT11883 • • OREGONIAN MEDIA GROUP 1320 S.W. Broadway, Portland, OR 97201-3499 Affidavit of Publication City of Tigard 13125 SW Hall Blvd Portland, OR 97223-8144 • • OREGONIAN MEDIA GROUP 1320 S.W. Broadway, Portland, OR 97201-3499 Affidavit of Publication I, �`,' ,being first duly sworn depose and say that I am the Principal Clerk Of The Publisher of The Oregonian,a newspaper of general circulation,published at Portland,in Multnomah County, Oregon;that I know from my personal knowledge that the advertisement,a printed copy of which is hereto annexed,was published in the entire issue of said newspaper in the following issues: 11/1/2013 Principal Clerk of the Publisher Subscribed and sworn to before me this date: Stl•-• day of Ne.X1-61-/9`-' p ,20 1 3 . / Z..- LI l �IJ.Q.4/ Notary Public for Oregon My commission expires .27/4 day of A4 p y ,20 IL . Ad Order Number: 0003535292 / OFFICIAL SEAL CHRISTINE D CASSEL vi NOTARY PUBLIC-OREGON COMMISSION NO.468251 a1Y6Y COMMISSION EXPIRES MAY 27.2016 • • [] PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday November 18, 2013 at 7:00 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard Planning Division (Staff contact: John Floyd) at 13125 SW Hall Blvd.,Tigard, Oregon 97223, by calling 503-718-2429 or by e-mail to johnfl@tigard-or.gov, or at the Parks Zone Project website at www.tigard-or.gov/pzp. DEVELOPMENT CODE AMENDMENT(DCA) 2013-00003 -TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT- REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540(Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2, 6,8, 9, 10, and 11; and Community Development Code Chapters 18.380 and 18.390. PUBLISH DATE: Friday, November 1, 2013 I T ro Parks Zone Project • The Parks Zone Project will amend the Contact Tigard Development Code to allow for more efficient development of city For more information about owned parkland and greenways. You are this project,including the dates receiving this card as you live within 150 of upcoming public hearings, feet of a potentially affected property, please contact Associate and may wish to know more about the Planner John Floyd or visit the changes. Parks Zone Project webpage. , . 503-718-2429 � johnfl@tigard-or.gov =,4 ', -•'"" www.tigard-or.gov/pzp . , ---- City of Tigard ' ' COMMUNITY DEVELOPMENT .., 13125 SW Hall Blvd. .. tl 190' t9ftjil,Lcl I 'I :. 8 Bard,OR 97223 z • �" ,.; if z �®m.® RTNEY BONES •�,� 7 4r�k� ..L"''�T 021M $ 00.33° 1T• 0004293344 NOV 04 2013 City of Tigard ' '` . r' �:r�•i:=� k• MAILEOFROM ZIP CODE 97223 Parks Zone APACIFIC SSO IA REST HOMEOWNERS Project BY NW COMMUNITY MGT ! 7000 SW HAMPTON ST S-205 TIGARD, OR 97223 o ' www.tigard,TY, ` ,37e r^E 1eeacl enei /ac i i i E I I RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED I UNABLE TO FORWARD l BC: 97223E16799 *0329-06352-05 -00 I ',II IIIIIII lIIIIII]II'Biel,lilslliliiiiiiIil9llldliiii1,11,I 1 City d Parks Zone Project The Parks Zone Project will amend the Contact Tigard Development Code to allow for more efficient development of city For more information about owned parkland and greenways. You are this project,including the dates receiving this card as you live within 150 of upcoming public hearings, feet of a potentially affected property, please contact Associate and may wish to know more about the Planner John Floyd or visit the changes. Parks Zone Project webpage. s -- I E s *.-- r IN1 i :� . 503-718-2429 !i ,A, 1 s' i , ' johnfl@tgard-or.gov it' 4 �` �.;.-'i: . ss' � :461 .7 , www.tigard-or.gov/pzP , € tr t . . I, I * r OWNER1 OWNER2 OWNERS OWNERADD ownercity OWNERSTAT OwnerZip 12562 MAIN ST LLC BY GEORGE DIAMOND 2839 SW 2ND AVE PORTLAND OR 97201 2003 BUNN FAMILY REV TRUST BUNN,TERRYL L&PHILIP C JR TRS 1625 LINDA VISTA DR SANTA YNEZ CA 93460 ABOR SUMMIT HOMEOWNERS ASSOCIA'15500 SW JAY ST BEAVERTON OR 97006 ABRAHAMSON,BRUCE Q&SHERRY L 12735 SW MARIE CT TIGARD OR 97223 ABS OR-0 LLC 250 PARKCENTER BLVD BOISE ID 83706 ACHOUR,MOE 13750 SW 158TH TER TIGARD OR 97223 ACORD,JON&SUSAN M 23022 PAULINA LN WEST UNN OR 97068 ADAM,FAZILAH CIM ENT,GARY 12571 SW MAIN ST TIGARD OR 97223 ADAMS-MESSMER,SUSAN GRECO,LEONARD R GRECO,ARTHUR V 11441 SW FONNER ST TIGARD OR 97223 ADRANGI,FARID 4289 ORCHARD WAY LAKE OSWEGO OR 97035 AGINSKY,ALEXANDER 937 NW GLISAN PORTLAND OR 97209 AGNESSE,PHILIPPE&RACHEL 10455 SWJOHNSON ST TIGARD OR 97223 AICHER,LYNDA L&CHRISTOPHER J 15340 SW TURNAGAIN DR TIGARD OR 97224 ALBARKOULI,ALBARKODU A 9523 SW STONECREEK DR BEAVERTON OR 97007 ALBUAINAIN,MATTAR K 13107 SW MORNINGSTAR DR TIGARD OR 97223 ALDERTON,DONALD L TRUST ALDERTON,JUANITA C BYPASS TRUST 14025 SW 150TH TIGARD OR 97224 ALDRICH,DAVID A&BARBARA D %MOYER,ROBERT 10965 SW PATHFINDER WAY TIGARD OR 97223 ALDRIDGE,CLAUDE A& KATHY K 15814 SW BRISTLECONE WAY TIGARD OR 97223 ALEXANDER,DAVID R&KARA D 14976 SW LOOKOUT DR TIGARD OR 97224 ALEXANDER,HERBERT C& PAMELA A 115905W TERRACE TRAILS TIGARD OR 97223 ALLEN,LYNETTE S 11048 SW GREENBURG RD#242 TIGARD OR 97223 ALLEN,REBECA F REVOCABLE LIVING 13068 SW PRINCETON LN TIGARD OR 97223 ALLEN,ROBERT E AND GAYLE L 9750 SW RIVERWOOD LANE TIGARD OR 97224 ALLGAIER,MARK A&CAROLS 11200 SW MORGEN CT TIGARD OR 97223 ALLISON,LARRY D AND DEBORAH 10420 SW MEADOW TIGARD OR 97223 ALLRED INDUSTRIAL LLC 179025 HIDDEN LAKE DR OREGON CITY OR 97045 ALSTRIN,ROBERT W JR 10719 SW MARY PL TIGARD OR 97223 ALTENHOFEN,DEAN B FAMILY TRUST ALTENHOFEN,SUNDAY K FAMILY TRUST 12950 SW GLACIER LILY CIR TIGARD OR 97223 ALULI REAL ESTATE HOLDINGS LLC 415-C ULUNIU ST KAILUA OAHU HI 96734 ALVERTS,ROBERT L&SHARON J 14569 SW 130TH AVE TIGARD OR 97224 ALVIS,DANNY&MARY 9293 SW HILL ST TIGARD OR 97223 AMRI,ANTHONY H&JODY L 13853 SW AERIE DR TIGARD OR 97223 ANANDA,STEPHEN J 15198 SW GREENFIELD DR TIGARD OR 97224 ANDERSEN,DANIEL M&LORRI ANN 11357 SW IRONWOOD LP TIGARD OR 97223 Ill ANDERSON,BRAD&DAWN FAMILY TRU 13788 SW FERNRIDGE TER TIGARD OR 97223 ANDERSON,BRIAN ANDERSON,LESLEY PAIGE BENSON 11320 SW AMBIANCE PI TIGARD OR 97223 ANDERSON,DREW N& FONSECA,CYNTHIA B 15617 SW 76TH AVE TIGARD OR 97224 ANDERSON,GERALD L CHARLOTTE A 11645 SW TIEDEMAN RD TIGARD OR 97223 ANDERSON,GREGORY W& BATTAN-ANDERSON,LATIKA D 10180 SW RIVERWOOD LN TIGARD OR 97224 ANDERSON,JAIMI S&SPENCER D 12775 SW MARIE CT TIGARD OR 97223 ANDERSON,KATHY J&JOSHUA D 13132 SW ASCENSION DR TIGARD OR 97223 ANDERSON,MARTHA K PO BOX 25705 PORTLAND OR 97205 ANDERSON,PATRICIA A 11897 SW 113TH PL TIGARD OR 97223 ANDERSON,TIMOTHY STEPHEN ANDERSON,DONNAJEAN 14715 SW PEAK CT TIGARD OR 97224 ANDRE,RONALD J&MURIEL 12355 SW 124TH AVE TIGARD OR 97223 ANDREWS,JONATHAN M&JENNIFER M 11074 SW 131ST PL TIGARD OR 97223 ANDREWS,STEPHEN D&ANGELA 12064 SW 113TH PL TIGARD OR 97223 ANDREWS,THOMAS W CANTLIN,TOMOKO 9975 SW GARRETT ST TIGARD OR 97223 ANGELES,LEANE B 12859 SW RIDGEFIELD LN TIGARD OR 97223 r BARGHOUTY,YASER S&KHUZAIMA M 12932 SW WINTERLAKE DR TIGARD OR 97223 BARNARD,ROBERT P&JOYCE M 12887 SW RIDGEFIELD LN TIGARD OR 97223 BARNETT,EDWARDJ III&JUDITH C 11085 SW SUMMERLAKE DR TIGARD OR 97223 BARON,MICHAEL R& JULIE M 15056 SW SUMMERVIEW DR TIGARD OR 97224 BARRERA,ADELINA T 14363 SW WINDSONG CT TIGARD OR 97223 BARRETT,BRUCE A&KATHLEEN M 11740 SW FAIRVIEW LN TIGARD OR 97223 BARRETT,GARY J SHARON L 11675 SW FAIRVIEW LN TIGARD OR 97223 BARRINGTON,PATRICK J TRUST BARRINGTON,JEANETTE A TRUST 11230 SW ARBRE CT TIGARD OR 97223 BARRY F SHEASGREEN LLC 8905 SW GREENSPARK LN TIGARD OR 97224 BARTGES,MARIANN&ROBERT B 11135 SW TONY CT TIGARD OR 97223 BARTIZAL,JOHN J&AMY 1 12876 SW RIDGEFIELD LN TIGARD OR 97223 BARTLEY,VERN S&DEBORAH A 10705 SW PATHFINDER WAY PORTLAND OR 97223 BASTIN,JOHN C 15824 S PRISCILLA LN OREGON CITY OR 97045 BASTIN,JOHN C PO BOX 231086 TIGARD OR 97281 BATES,DAVID L&STEPHANIE H 8383 SW DEEANN CT TIGARD OR 97224 • BATES,ROGER G&SHERRI L 14503 SW 130TH AVE TIGARD OR 97224 BATES,RON E&SANDRA S 13355 SW ASCENSION DR TIGARD OR 97223 BAUDER,MICHAEL&HAYLEY 15257 SW TURNAGAIN DR TIGARD OR 97224 BAUMANN,JOSHUAG&TARAL 14090 SW RIDGEFIELD LN TIGARD OR 97223 BAUMCHEN,JOSEPH 1&ELIZABETH 1 13425 SW GENESIS LP TIGARD OR 97223 BAYLEY,ANSEL 11040 SW GREENBURG RD 4102 TIGARD OR 97223 BAllEL,JESSIE R&ALICIA L 12727 SW 116TH AVE TIGARD OR 97223 BEACH,JEFFREY L GASTON,GREER A 96205W RIVERWOOD LN TIGARD OR 97224 BEACH,PETER G&HEATHER A 13425 SW NAHCOTTA DR TIGARD OR 97223 BEACON HOMES NORTHWEST INC 7125 SW HAMPTON ST PORTLAND OR 97223 BEAGLE,TRACEY A 10920 SW MIRA CT TIGARD OR 97223 BEALES,ALAN K&SUSAN R TRUST BY BEALES,ALAN K&SUSAN R TRS 2126 MAGELLAN DR OAKLAND CA 94611 BEATTY,BARBARA KAY 13385 5W 115TH AVE PORTLAND OR 97223 BECCHETTI,JOHN J&MARY E 3300 WEBSTER ST STE 1105 OAKLAND CA 94609 BECK,CHARLES H&PAULA 11765 SW KATHERINE ST TIGARD OR 97223 BECKER,OLIVE ANN TRUST 12555 SW 124TH AVE TIGARD OR 97223 BECKLEY,PATRICK E&DIANE M 12053 SW 113TH PL TIGARD OR 97223 BECKMAN,FRANCES 8255 SW COLONY CREEK CT TIGARD OR 97223 BEEBE LIVING TRUST 11145 SW MORGEN CT TIGARD OR 97223 BEELER,DAN P/FAY A 11735 SW KATHERINE ST TIGARD OR 97223 • BELLWOOD TERRACE LLC PO BOX 189 YAMHILL OR 97148 BENASSU,DEBORAH T 11523 SW CORNELL PL TIGARD OR 97223 BENASSU,JOHN& BEILKE,SUSAN 11755 SW 114TH AVE PORTLAND OR 97223 BENCHVIEW ESTATES HOME OWNERS'ASSN,INC 7276 SW BEAVERTON-HILLSDALE HWY PORTLAND OR 97225 BENCHVIEW ESTATES HOMEOWNERS ASSN 8875 SW BVTN-HLSDL HWY PORTLAND OR 97225 BENEDETTI,JARED S&KIMBERLY L 13901 SW AERIE DR TIGARD OR 97223 BENNETT,KEITH&SPRING 9945 SW RIVERWOOD LN TIGARD OR 97224 BENNETT,WILLIAM R BETTY 113405W IRONWOOD LOOP TIGARD OR 97223 BENSON FAMILY PROPERTIES LLC PO BOX 4724 SUNRIVER OR 97707 BENTON,RANDY S& MCMENAMIN-BENTON,SHIRLEY L 13060 SW ASCENSION DR TIGARD OR 97223 BENZ,FRED S PO BOX 230029 TIGARD OR 97281 BENZ,WILUAM 1 11855 SW KATHERINE ST TIGARD OR 97223 BERG,APRIL D&BRUCE M 13531 SW AERIE DR TIGARD OR 97223 BERGMAN,BECKY R 13682 SW HALL BLVD STE 5 TIGARD OR 97224 BERGSTROM,DENNIS T AND DAWNA L 11555 SW TERRACE TRAILS DR TIGARD OR 97223 BERNARD,KYLE L&LISA B 11556 SW CORNELL PL TIGARD OR 97223 BERNARD,VIRGINIA E REV UVING T 11305 SW WILLOW WOOD CT TIGARD OR 97223 BERNHARD,SCOTT M 10895 SW TIGARD ST TIGARD OR 97223 BERRY,JEFFERY P TRUST 13175 SW BULL MTN RD TIGARD OR 97223 BERTRAND,KELLEY&MEGAN 13175 SW CREEKSHIRE DR TIGARD OR 97223 BETTON,KAY L GRILLEY,SHARON TRUST 12480 SW SUMMER CREST DR TIGARD OR 97223 BEZRODNAYA,VALENTINA V 15422 SW CACHE CREEK LN TIGARD OR 97224 BIANCHI,BENNETT B REVOCABLE LIV BY BIANCHI,BENNETT B TR 13760 SW TWELVE OAKS CT TIGARD OR 97224 BIEDERMAN,BRIAN E&BEVERLY J 10480 SW MEADOW TIGARD OR 97223 BILES,S G LIVING TRUST 13581 SW ASCENSION DR 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WHITE,DAVID R AND RENEE 1 10878 SW DOVER CT TIGARD OR 97224 WHITE,LEON D 15180 SW SUNRISE LANE TIGARD OR 97224 WHITE,RANDALL&ANN-JEANNETTE 14605 SW 130TH AVE TIGARD OR 97224 WHITED,BRYCE M&ELISSA M 10276 SW RIVERWOOD LN TIGARD OR 97224 WHITEHEAD,SUSAN M&WILLIAM E I 10395 5W BONANZA WAY TIGARD OR 97224 WHITENER,KEVIN 12465 SW AUTUMN VIEW ST TIGARD OR 97224 WHITESIDE,RANDEL&LORI C 30950 SW RIVERLANE RD WEST LINN OR 97068 WHITFORD,ELEANOR A TRUST 7125 SW VENTURA DR PORTLAND OR 97223 • WHITING,FRANK J&JANICE M 14800 SW SUNRISE LANE TIGARD OR 97224 WHITLOW,CHRISTOPHER&ANGELIQUE 8813 SW SCHECKLA DR TIGARD OR 97224 WHITNEY,TERRON MICHAEL&VIRGIN 12344 SW AUTUMN VIEW ST TIGARD OR 97224 WHITWORTH,PERRY R AND BONNIE J TRUSTEES 12532 SW 123RD TIGARD OR 97223 WICKWARD,MICHAEL&SUSAN 2940 SW RIDGEWOOD AVE PORTLAND OR 97225 WIDEMAN,THOMAS G&CYNTHIA S 13757 SW 130TH PL TIGARD OR 97223 WIERSEMA,ALBERT&EUZABETH 11170 SW NOVARE PL TIGARD OR 97223 WILBERDING,BETTY JEAN DEPP,JASON DEPP,MISHA 15165 SW SUNRISE LN TIGARD OR 97224 WILEY,MARK S TRUST 14225 SW 128TH PL TIGARD OR 97224 WILKERSON,KENNETH J/URSULA E 12855 SW GLACIER LILLY CIRCLE TIGARD OR 97223 WILKINSON, MARK D&CATRINA M 7745 5W GENTLE WOODS DR TIGARD OR 97224 WILKINSON,JEREMY G&WENDY A 11660 SW GALLO AVE TIGARD OR 97223 WILKSON,JAMES W& KAREN G 14309 SW WINDSONG CT TIGARD OR 97223 WILLETT,RONALD&SYDNEY TRUST 3862 WOODS RD SEDALIA CO 80135 WILLEY,GARY MERLIN&DIANE ADAI REVOCABLE LIVING TRUST 8855 SW SCHECKLA DR TIGARD OR 97224 WILLIAMS,ANTHONY H 7915 SW FANNO CREEK DR#3 TIGARD OR 97224 WILLIAMS,DONNEL AND STEPHANIE S CO-TRUSTEES 13865 SW FERN TIGARD OR 97223 WILLIAMS,DOROTHY A 11040 SW GREENBURG RD APT#311 TIGARD OR 97223 WILLIAMS,KATHLEEN A SPAWN,JAMES THEODORE 13465 SW SUMMERWOOD DR TIGARD OR 97223 • WILLIAMS,KEVIN C&AMY L 7548 SW RED CEDAR WAY TIGARD OR 97223 WILLIAMS,ROBERTA L 7170 SW HYLAND WAY CT BEAVERTON OR 97008 WILLIAMS-BEGAY,VANESSA C 11379 SW SPRINGWOOD DR TIGARD OR 97223 WILLIAMSON,KEVIN&KELLY 10820 SW PATHFINDER WAY TIGARD OR 97223 WILSON JOINT REVOCABLE LIVING TR 12000 SW 116TH AVE PORTLAND OR 97223 WILSON,DENISE 7885 SW FANNO CREEK DR#4 TIGARD OR 97224 WILSON,LEE 7185 SW VENTURA DR TIGARD OR 97223 WILTBANK,KENNETH B&KRISTA M 14145 SW 128TH PL TIGARD OR 97224 WINANS,ALISON 13676 SW HALL BLVD#4 TIGARD OR 97223 WINDER,SCOTT R 7588 SW ASHFORD ST TIGARD OR 97224 WINDWOOD CONSTRUCTION INC 12655 SW NORTH DAKOTA ST TIGARD OR 97223 WINELAND,ELIZABETH MARIE&BRIA 13322 SW CHELSEA LOOP TIGARD OR 97223 WINGEIER,PATRICIA INTERVIVOS TR 11360 SW SYCAMORE PL TIGARD OR 97223 WINGER,ERIC&MELISSA 11090 SW 131ST PL TIGARD OR 97223 WINGROVE,PETE M&CINDY A 12997 SW STARVIEW DR TIGARD OR 97224 WINKELS,SCOTT J COLEMAN,CANDICE L 8366 SW CHAR CT TIGARD OR 97224 WINKLER,L DUANE/MARIE B 12520 SW 124TH AVE TIGARD OR 97223 WINOWITCH,CAROLYN 8280 SW COLONY CREEK CT TIGARD OR 97224 WINSLOW,JUDITH H 11044 SW GREENBURG RD#217 TIGARD OR 97223 WINSTON,MARK WINSTON,ZSUZSANNA 17576 LAKE HAVEN DR LAKE OSWEGO 97035 WINSTON,MARK&ZSUZSANNA 17576 LAKE HAVEN RD LAKE OSWEGO OR 97035 WISLER,ELIZABETH MIRANDA 12655 SW PATHFINDER CT TIGARD OR 97223 WITTGOW,JOHN Q&NANCY M PO BOX 4017 BEAVERTON OR 97006 WITTMAN,BRIT SORKOWITZ,ENID 12454SW AUTUMN VIEW ST PORTLAND OR 97224 WOGU,ENIC 12916 SW WILMINGTON LN TIGARD OR 97224 WOLD,VALDA L TRUST BY WOLD,VALDA L TR 123305W SUMMERCREST DR TIGARD OR 97223 WOLF,BRYAN E&MAUREEN J 13075 SW ASCENSION DR TIGARD OR 97223 WOLFE,DONALD&MARY E 13141 SW ASCENSION DR TIGARD OR 97223 WOLFF,CHRISTOPHER M& UNDA D 13282 SW ASCENSION DR TIGARD OR 97223 WOLFF,STEVEN A DIEKER,ELIZABETH J 704 MAIN AVE LA GRANDE OR 97850 . WOLLER,CRAIG M&HELEN A 12270 SW SUMMER CREST DR TIGARD OR 97223 WOLOSCHUK,MARY ANN 12135 SW 124TH AVE TIGARD OR 97223 WONG,STEVEN Y/YI& CORNOYER,DOUG J 17555 ERIN CT LAKE OSWEGO OR 97035 WONG,YEN LEE WONG,CHEF PING 14202 SW 132ND TER TIGARD OR 97224 WOOD,RANDALL M&BARBARA S 10736 5W TUALATIN DR TIGARD OR 97224 WOODBURY,LOUIS CHARLES WOODBURY,MARILYN KAY BARKER 11055 5W SUMMER LAKE DR TIGARD OR 97223 WOODEN,BRADLEY R&CATHERINE 13548 SW BRIM PL TIGARD OR 97224 WOODHOUSE,JEAN M&LAWRENCE E 13637 5W AERIE DR TIGARD OR 97223 WOODRUFF,THOMAS 0&JUDY L 12712 5W 116TH AVE TIGARD OR 97223 WORRELL,BOBBY L WORRELL,STEVEN M 14991 SW GREENFIELD DR TIGARD OR 97224 WORTHEN,LEO PARK,SEOLAH 13324 SW ASCENSION DR TIGARD OR 97223 WORTHEN,ROBERT W&TONI M 11340SW THUNDER TER TIGARD OR 97223 WORTHLEY,TODD& CHONG,ANGELINE 142645W 132ND PL TIGARD OR 97223 WRAN LLC 9460 SW TIGARD ST TIGARD OR 97223 WRAY,CINDY R 15413 SW TURNAGAIN DR TIGARD OR 97224 WRIGHT,CHRISTOPHER B&SUSAN L 128585W RIDGEFIELD IN TIGARD OR 97223 WRIGHT,GREGORY A 11040 SW GREENBURG RD#104 TIGARD OR 97223 WRIGHT,ROBERT G 13580 SW BRIM PL TIGARD OR 97223 WROZEK,DEBBIE ANN 12626 SW 116TH AVE TIGARD OR 97223 WSTPI LLC 4260 GALE WOOD ST#A LAKE OSWEGO OR 97035 • WU,NING-NING ZHOU,YI-BEI 13202 SW YARROW WAY TIGARD OR 97223 WYSS,MATTHEW C&SHAWNA L 12795 SW GLACIER LILLY CIRCLE TIGARD OR 97223 YACHNIK,MICHAEL D FLEMING,MICHAEL D 15757 SW KERR CT PORTLAND OR 97224 YANDLE FAMILY REVOCABLE TRUST BY JOHN C/HEATHER A YANDLE TRS 2804 MISSION COLLEGE BLVD SANTA CLARA CA 95054 YASENCHAK,CHRISTOPHER A STILES,COLLEEN J 937 10TH AVE NE ROCHESTER MN 55906 YASSA,NASRY Y&BETTY 10 M 12835 SW RIDGEFIELD LN TIGARD OR 97223 YATES,JOSHUA N&KATIE A 10020 SW RIVERWOOD LN TIGARD OR 97224 YEUNG,AMY WAI-MAN 138-10 FRANKLIN AVE,APT 11N FLUSHING NY 11355 YEUNG,STEVE S&BETTY H 15809 SW MASON CT PORTLAND OR 97224 YINGER,KENT L YINGER,DEBORAH LYN 12545 SW 124TH AVE PORTLAND OR 97223 YODER,JOSEPH 13150 SW HILLSHIRE DR TIGARD OR 97223 YOES,CONNIE B&DANIEL W 16760 SW 108TH AVE TIGARD OR 97224 YOO,JUNG TAEK&DONG JOO 12705 SW GLACIER LILLY TIGARD OR 97223 YORESEN,KIRK E&LINDA L 13515 SW 129TH TIGARD OR 97223 YORK,DANIEL L&KATHLEEN S 1000 MADISON ST NEWBERG OR 97132 i YOST,JEFFREY W&STACIE L 7582 SW ASHFORD ST TIGARD OR 97224 y YOUNCE,LULA I 11995 5W KATHERINE ST TIGARD OR 97223 YOUNG,ERIC&CARRIE 13336 SW CHELSEA LOOP TIGARD OR 97223 YOUNG,KRISA 15748 SWKER CT PORTLAND OR 97224 YOUNGER,NANCY REVOCABLE TRUST 15065 SW SUNRISE LN TIGARD OR 97224 YOX FAMILY LIVING TRUST 14730 SW 103RD AVE TIGARD OR 97224 YRIGOYEN,NORMAN G&SHARON M 14265 SW FANNO CREEK LOOP TIGARD OR 97224 ZAGORODNEY,WENDY M&DAVID L 12476 BROOK CT TIGARD OR 97223 ZAMBERLAN,JOHN 1&DEBORAH 14157SW NORTHVIEW DR TIGARD OR 97223 ZANGER,DOUG&JILL 15768 SW BRISTLECONE WAY TIGARD OR 97223 ZARAGOZA,JOSE ELMER R& ESPHER THERESA S 13557 SW ESSEX DR TIGARD OR 97223 ZERN,SAMUEL N JR WESTOVER,CHRISTINA L 13102 SW STARVIEW TIGARD OR 97224 ZHANG,GUANGCHAO LI,XIAOJIAN 13389 SW ASCENSION DR TIGARD OR 97223 ZHANG,ZHIHUI YANG,XIAOYE 13526SW BRIM PL TIGARD OR 97223 ZHAO,SI YU ZHANG,CONG PO BOX 230636 TIGARD OR 97281 ZHENG,DAVID 13110 SW WELUNGTON PL TIGARD OR 97223 • ZHONG,TING& LUO,YUN 11012 SW 131ST PL TIGARD OR 97223 ZIEGLER,FREDERICK W AND BARBARA G 7165 SW VENTURA DR TIGARD OR 97223 ZIEHNERT,MICHAEL D&BROOKE A 11103 SW ESCHMAN WAY TIGARD OR 97223 ZIMMERMAN,JAY D&BRITA M 8229 SW FANNO CREEK DR PORTLAND OR 97224 ZOTTOLA,CHRISTOPHER P 11985 SW 122ND CT TIGARD OR 97223 ZOUCHA,MICHAEL S 16676 SW 88TH PL TIGARD OR 97224 ZWINGRAF,JOSEPH R&SUELLEN 10265 SW KATHERINE ST TIGARD OR 97223 • • AP AFFIDAVIT OF MAILING .111 TIGARD I, John Floyd, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County, Oregon and that I served the following: peck Appmpnate Box(a)Below) 0 NOTICE OF PUBLIC HEARING —DCA2013-00003 FOR:TIGARD PARKS ZONE PROJECT DEVET OPMENT CODE AMENDMENT AMENDED NOTICE A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof,on October 31,2013,and deposited in the United States Mail on October 31,2013 postage prepaid. • John Floyd,Associate Planner STATE OF OREGON County of Washington ss. City of Tigard S� Subscribed and sworn/affirmed before me on the day of v ^ ,2013. OFFICIAL SEAL CHRISTINE L.WILEY NOTARY PUBLIC-OREGON COMMISSION NO.475306 6 MY COMMISSION EXPIRES FEBRUARY 03,2017 = ••• ���—~ NOTARY PUBLIC OF OREGON My Commission Expires: • • 11111 - ■ • - • City of Tigard TIGARD REQUEST FOR COMMENTS DATE: October 31,2013 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email: johnfl@tigard-or.gov DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 - TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT - REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (1'UC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and as shown on maps included with this request. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2, and 11;Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1,2, 6, 8,9, 10, and 11;and Community Development Code Chapters 18.380 and 18.390. Attached are the Draft Zoning Maps and Draft Amendments for your review. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: 5PM, MONDAY,NOVEMBER 18, 2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact John Floyd at 503-718-2429 or johnflatigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name&Number of Person(s)Commenting: CITY OF TIGARD PARKS ZONE PROJECT PROPOSED DEVELOPMENT CODE AMENDMENTS DCA2013-00003 Staff Contact: John Floyd,Associate Planner 13125 SW Hall Blvd,Tigard, OR 97223 503-718-2429 / johnfl@tigard-or.gov TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 1 • • EXPLANATORY NOTE:The proposed development code amendment would remove existing development standards for community recreation and parks from the conditional use chapter,and would replace them in a new Chapter (18.540) as set forth below. Proposed changes are indicated by the use of;tom'--- T:.to indicate language to be removed. a CHAPTER 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose [No change proposed.] 18.330.020 Approval Process [No change proposed.] 18.330.030 Approval Standards and Conditions of Approval [No change proposed.] 18.330.040 Additional Submission Requirements [No change proposed.] 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There arc no off street parking requirements, except that five automobile parking spaces are required for a dog park or off leash area with a fcnccd arca of one acre or more, along with an approved parking plan for anticipated peak use perioda. Off site peak use or over:pill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces arc required for a dog park or off leash arca with a fcnccd area of leas than one acre, along with an approved parking plan for anticipated peak use periods. Off site peak uac or overspill parking shall require a signed agreement with the landowner providins the TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 2 • EXPLANATORY NOTE: The proposed development amendment would result in a new chapter of the'Tigard Development Code to create a Parks and Recreation Zone,as set forth below. New language to be inserted into the code is marked by the use of underlining. CHAPTER 18.540 PARKS AND RECREATION ZONE Sections: 18.540.010 Purpose 18.540.020 Short Name 18.540.030 Where the Zone is Applied 18.540.040 Other Zoning Regulations 18.540.050 Use Regulations 18.540.060 Development Standards 18.540.010 Purpose The Parks and Recreation Zone is intended to preserve and enhance publicly owned open space and natural and improved parkland within the City. This zone is intended to serve many functions including A. Providing opportunities for both active and passive recreational facilities to meet neighborhood community. and regional needs; B. Providing contrast to the built environment; C. Providing opportunities to strengthen community identity.improve public health.and foster interactions between citizens; D. Providing economic development by creating a desirable public image and robust quality of life; E. Recognizing that publicly owned parks have a special relationship to the community and are an important resource; F. Providing flexibility in the use and development of recreational facilities as the City responds to changes in demographics.program needs, and external regulatory requirements:and G. Allowing for the efficient implementation of plans and improvements to parks.recreational facilities,and open areas with appropriate reviews where compatibility issues may arise; 18.540.020 Short Name The short name and map symbol of the Parks and Recreation Zone is PR. 18.540.030 Where the Zone is Applied The Parks and Recreation Zone is applicable to all city owned lands intended as parks.open space, and recreational facilities and may be applied within all Comprehensive Plan Designations. City owned parks.open space.and recreational facilities located in a plan district may retain or receive other than a Parks &Recreation Zone designation if it better furthers the goals of the plan district. In addition,other public agencies may request a Parks and Recreation designation for areas that meet the purpose of the zone. See Chapter 18.380 Zoning Map and Text Amendments. TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 3 11111 • 18.540.040 Other Zoning Regulations The regulations within this Chapter state the allowed uses and development standards for the base zone. Sites with overlay zones, plan districts,inventoried hazards,and/or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as set forth elsewhere in this title. 18.540.050 Use Regulations A. Types of uses. For the purposes of this chapter.there are three 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. 2. A conditional use (C) is a use the approval of which is at the discretion of the hearings officer. The approval process and criteria is set forth in Chapter 18.330 (Conditional Use). 3. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted.conditional and prohibited uses in the Parks & Recreation Zone is presented in Table 18.540.1. TABLE 18.540.1 USE TABLE: PARKS&RECREATION ZONE Land Use Category Use Type RESIDENTIAL Household Living N Group Living N Transitional Housing N Home Occupation N CIVIC Basic Utilities C Colleges N Community Recreation P/C' Cultural Institutions Day Care N Emergency Services N Medical Centers N Postal Service N Religious Institutions N Schools C='3 Social/Fraternal Clubs/Lodges N TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 4 • COMMERCIAL Commercial Lodging N Custom Arts and Crafts N Eating and Drinking Establishments C' Major Event Entertainment Outdoor Entertainment N Indoor Entertainment N Adult Entertainment N Sales-Oriented C' Personal Services N Repair-Oriented N Bulk Sales N Outdoor Sales C' Animal-Related N Motor Vehicle Sales/Rental N Motor Vehicle Servicing/Repair N Vehicle Fuel Sales N Office C3 Self-Service Storage N Non-Accessory Parking N INDUSTRIAL Industrial Services N Light Industrial N General Industrial N I Ieavy Industrial N Railroad Yards N_ Research and Development N Warehouse/Freight Movement N Waste-Related N Wholesale Sales N OTHER Agriculture / Horticulture P/C' Cemeteries N Detention Facilities N Heliports N Mining N Wireless Communication Facilities P/C4 Rail Lines / Utility Corridors P=Permitted C=Conditional Use N=Not Permitted [I] See Subsection 18.540.050.C-D for use type determination. [2] Restricted to activities and facilities focused on environmental education. TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 5 • • [3J Permitted only when accessory to a Community Recreation land use. [4] See Chapter 18.798.Wireless Communication Facilities. C. Development Permitted Outright. When associated with a Community Recreation land use,the following types of development are allowed outright if they comply with the development standards and other regulations of this title. Site Development Review is not required for the uses listed below. All other applicable land use reviews apply. 1. Park furnishings such as play equipment.picnic tables,benches,bicycle racks,public art trash receptacles,and other improvements of a similar nature. 2. Fences. 3. Off-street.multi-use trails. 4. Structures up to 600 square feet in size,and no more than 15 feet high. 5. Picnic areas designed to accommodate groups of less than 25. 6. Outdoor recreational fields, courts,arenas and other structures when non-illuminated and not designed or intended for organized sports and competitions. 7. Community gardens up to 5,000 square feet in size. 8. Routine maintenance or replacement of existing facilities. D. Development Subject to Conditional Use Review. The following types of development are allowed subject to Conditional Use Permit approval,as set forth in Chapter 18.330 Conditional uses. 1. Pools and aquatic centers,both indoor and outdoor. 2. Community and Senior Centers providing a focus for recreational, social,education and cultural activities. These may include gymnasiums.indoor tracks and fitness areas,meeting rooms, office and kitchen space.and other amenities designed for community use. 3. Picnic areas designed to accommodate groups of 25 or more. 4. Boat Ramps. 5. Off-street parking areas. 6. Recreational fields,courts,arenas and associated structures for organized sports and competitions. 7. Amphitheaters. TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 6 y • • 8. Dog parks. 9. Community gardens in excess 5,000 square feet. 10. Structures in excess of 500 square feet.and/or more than 15 feet high. 11. Amplified sound systems. 12. Illuminated athletic fields.courts, and other outdoor recreational facilities intended to be used after sunset. 13. Camping.unless associated with an approved temporary or seasonal event as set forth in 18.785 Temporary Uses. 14. Golf courses.including club houses and driving ranges. 18.540.060 Development Standards Development within the zone must comply with the following development standards. except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. A. Minimum Lot Size. None. B. Minimum Lot Width. None. C. Maximum Structure Height. None, except structures within 100' of a residential zone shall be subject to the maximum height limit for the abutting residential zone. D. Minimum Structure Setbacks. None.except where abutting a residential zone. In such cases structures shall be setback a minimum distance of one foot for each foot of building height. E. Outdoor Recreation Facility Setbacks. Non-illuminated playgrounds must be set back a minimum of 25 feet from adjoining residentially zoned properties. Illuminated playgrounds and other constructed recreational facilities such as swimming pools. skate parks.basketball courts, soccer fields.and group picnic areas must be setback 50 feet from adjoining residentially zones. Where the outdoor facility abuts a school use on a residentially zoned property.the setback is reduced to zero. Outdoor recreation facilities not meeting minimum setbacks set forth in this subsection may be considered through conditional use review as set forth in 18.330. F. Bathrooms and Concessions. Bathrooms and concession stands shall be setback a minimum distance of 50 feet from adjoining residential zones.Where a bathroom or concession stand abuts a school use on a residentially zoned property.the setback is reduced to zero. G. Parking. Development shall comply with Chapter 18.765 (Off Street Parking&Loading Requirements) with the following exceptions: TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 7 • • S. 1. Minimum parking requirements shall only apply to conditional uses in this zone. Outright permitted uses are exempt from minimum parking requirements. 2. Dog parks shall provide the following: a. Dog parks or off-leash areas with a fenced area of one-acre or more shall provide a minimum of five vehicle parking spaces.and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than one-acre shall provide a minimum of three off-street parking spaces.and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than one-half acre are exempt from minimum parking requirements. H. Signs. Signs in the Parks &Recreation Zone shall comply with the regulations applicable to non-residential land uses in residential zones.as set forth in Subsections 18.780.130.A and B of this Title. I. Lights &Amplified Sound Systems. Lights and amplified sounds systems shall comply with Chapter 18.725 (Environmental Performance Standards). In addition,glare sources shall be hooded. shielded. or otherwise located to avoid direct or reflected illumination in excess of 0.5 foot candles, as measured at the site boundary or at the furthest boundary of adjacent industrially-zoned properties. TIGARD PARKS ZONE PROJECT PUBLIC REVIEW DRAFT-OCTOBER 31,2013 8 0 NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVEI OPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, ,i IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER C TIGARD PUBLIC HEARING NOTICE NO"1ICE IS HEREBY GIVI .N THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, NOVEMBER 18, 2013,AT 7:00 PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. wommisma FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 FILE TITLE: TIGARD PARKS ZONE PROJECT DEVELOPMENT CODE AMENDMENT APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (I'DC) and Zoning Map in a combined amendment package to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish approval processes, criteria, and standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and public parks and greenways owned by the City of Tigard. ZONES: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2, 6, 8, 9, 10, and 11; and Community Development Code Chapters 18.380 and 18.390. PROJECT WEBSITE: www.tigard-or.gov/pzp EXHIBIT A • THE PUBLIC HEARINGS ON S MA ITER WILL BE CONDUCT.IN _CCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELO',, NT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMM . ION AND CITY COUNCIL AND AVAILABLE AisCITY HALL. • ASSISTIVE LISTENING D" I CES ARE AVAILABLE FOR ' RSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR • ARRANGE FOR QU• FIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTE ' '. TERS UPON '."QUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TE ` .OMMUNI TIONS DEVICES FOR THE DEAF) NO T.FSS THAN ONE WEEK PRIOR TO THE HEARING T• 1,440 ARRANGEMENTS. PUBLIC ORAL OR WRIITEN TESTIMONY S I I'ED. ANYONE WISHING TO PRESENT WRI TI'EN TESTIMONY ON THIS PROPOSED ACT ON MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY PRESEN AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMM :SION WILL RECE 1 A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN TH' PUBLIC HEARING, A P INVITE BOTH ORAL AND WRI TI'EN TESTIMONY. THE PLANNING •MMISSION MAY CONTINU• HE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDI ONAL INFORMATION OR CLOSE 'II E PUBLIC HEARING AND TAKE ACTION ON THE APPLICAT •N. THE PURPOSE OF THE PLANNI • COMMISSION'S REVIEW IS TO MAKE A RECOMMENDAT ONTO THE CITY COUNCIL. THE COUNCIL •. LL THEN HOLD A PUBLIC HEARING ON THE ITE T A LATER DATE. ALL DOCUMENTS • ►'p APPLICABT.F CRITERIA IN THE ABOVE-NO TED FILE A' •VAILABLE FOR INSPECTION AT N "COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE C • S (25 ) PER PAGE, OR THE C 'RENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS ,•RIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION • NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254) PER PAGE, OR TH' CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER JOHN FLOYD AT 503- 718-2429; BY MAIL AT TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223; OR BY EMAIL TO johnflnae tieard or.gov. Alternatively you can visit the project website at www.tigard-or.gov/pzn. • THE PUBLIC HEARINGS ON THIS MA FI'ER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABTF AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVI1'hD. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI TI'EN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FIT.F ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RA I'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER JOHN FLOYD AT 503- 718-2429; BY MAIL AT TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223; OR BY EMAIL TO johnfl@tigard-or.gov. Alternatively you can visit the project website at www.tigard-or.govlpzp. A213AY-OE-008-i ,wdn- Jogat al,Ie19AN T i.uawa6.1 suss ®L91.5®AH3AV 1pege6 al zas,Iafl worAaane•nnnnnn ap ul; Petl el a zalldaa ; Jalad a saipe;sananbl;3 DON & DOROTHY ERDT The following labels list interested persons who requested notice 13760 SW 1215T AVENUE re:ANY development ANYWHERE in Tigard. See Memo for File re: TIGARD OR 97223 Interested Parties Update,August 2012. BARRY ALBERTSON VANESSA FOSTER 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE MONA KNAPP 11755 SW 114TH PLACE 9600 SW FREWING STREET TIGARD OR 97223 TIGARD, OR 97223 ELLEN BEILSTEIN BEVERLY FROUDE 14630 SW 139TH AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78TH AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER CPO 4B MAILING ADDRESS 13249 SW 136TH PLACE 16200 SW PACIFIC HWY, STE H, BOX 242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL KEVIN HOGAN 13205 SW VILLAGE GLENN 14357 SW 133RD AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS HAROLD AND RUTH HOWLAND CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 PATRICIA KEERINS NOT* Don't mail the City of Tigard label 12195 SW 1215T AVE if there is already a label for City of Tigard TIGARD OR 97223 printed from the GIS labels list. :URPLN/Setup/Labels/CIT Citywide Last Update:06 24 2013 rw,e6p3 dn-dod asodxa Jaded pea3 ions5 aleldwal®A.iany est 1 ®L9L5 OAU3AV 1`U 1 m aim filinin mina , _ �.-.....� [...._ ► Aa3AV-O9-OO8-I. ,,,dn-d one.'al JelanaJ luawabJe sues 01.9L5®Aa3AV luege6 al zasm wor1taane mnnnn ap w;e 3eq el a zapdaa ; salad saw;sa 4anbll4 ALEXANDER CRAGHEAD JULIE RUSSELL, CPO 4B CHAIR 12205 SW HALL BOULEVARD 12662 SW TERRAVIEW DRIVE TIGARD OR 97223-6210 TIGARD OR 97224 GENE MILDREN BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST,STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TH AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING& BLAKE HERING JR. WILLIAM S. FARGHER NORRIS BEGGS&SIMPSON EQUITY BUILDERS REALTY 121 SW MORRISON,SUITE 200 10300 SW 92ND AVENUE PORTLAND OR 97204 HAPPY VALLEY OR 97086 DAVID WALSH 10236 SW STUART COURT TIGARD OR 97223 SUE RORMAN BRIAN WEGENER 11250 SW 82ND AVE 9830 SW KIMBERLY DRIVE TIGARD OR 97223 TIGARD OR 97224 LISA HAMILTON, CPO 4B VICE CHAIR CAROL RENAUD—WACO CPO NEWSLETTER COORD. 13565 SW BEEF BEND ROAD OSU EXTENSION SVC-CITIZEN INVOLVEMENT FACULTY TIGARD OR 97224 155 NORTH 1ST AVENUE SUITE 200 MS48 HILLSBORO OR 97124 DAVID KIMMEL 1335 SW 66T"SUITE 201 VICTOR DEFILIPPIS 13892 SW BRAYDON CT PORTLAND OR 97225 TIGARD OR 97224 :URPLN/Setup/Labels/CIT Citywide Last Update:06 24 2013 r ®L9LS�J�ZJ�/�y� w,a6p3 dn-dod asodxa f� Jadedas ale dwa tian as 1�, , P d ®L915 I 1® V fl of awl 6uoie man I aaop, _iaa.i Acpj T ila3AV-O9-008-L )I dn- Jogai el oolong.' uawa6ae3 suaS ®1965® l li wo7•AJ •iw Joad oAe ap ul; 3eg el a zalldef ' 3dd Siaia aq ; uanb j aae Persons listed below want to be notified about EAST side No persons currently want to be notified about SOUTH development ONLY: or CENTRAL development ONLY: Jim Long, Chair, CPO 4M 10730 SW 72nd Ave Portland, OR 97223 DAYLE D.&EVELYN 0. BEACH 11530 SW 72ND AVENUE TIGARD OR 97223 :URPLN/Setup/Labels/CIT Citywide Last Update:06 24 2013 f W,a6P3 dn-dod asodxa f� , Jaded peed ®L915 a3eldwa1 o{any asP ®6965®A?J3AV ® ogun 6uoe ouaa , — c,ano. 6coe PUBL!C HEARING NTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY, NOVEMBER 18, 2013, AT 7:00 PM. THE PUBLIC HEARING WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2013-00003 FILE TITLE: TIGARD PARKS ZONE PROJECT APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC) and Zoning Map to amend Chapter 18.330 (Conditional Use); adopt a new chapter to be known as Chapter 18.540 (Parks and Recreation Zone); and amend the Zoning Map to include a new Parks and Recreation Zone. The proposed text changes to the Tigard Development Code would remove existing development standards for community recreation land uses from the Conditional Use Chapter, and replace them with a new chapter that would establish new use regulations and development standards for future development within a new Parks and Recreation Zone. Corresponding changes to the zoning map would change the zoning designation of approximately 500 acres of city owned property from residential, commercial, or industrial zoning to the new Parks and Recreation Zone. Only city owned parkland and greenways will be affected by the map change. No changes are proposed to the city's sensitive lands inventory or regulations. LOCATION: Citywide and public parks and greenways owned by the City of Tigard. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 11; Metro Urban Growth Management Function Plan Title 12; Comprehensive Plan Goals 1, 2, 8, 9, and 10; and Community Development Code Chapters 18.380 and 18.390. PROJECT WE SITE: www.tigard-or.gov/pzp PROTECT CONTACT: John Floyd,Associate Planner Tigard Permit Center, 13125 SW Hall Blvd, Tigard, OR 97223 503-718-2429 johnfl@tigard-or.gov G11C( i vt fibr s.