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City Council Packet - 06/07/2022 III " City of Tigard Tigard Business Meeting —Agenda T I GARD TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD AND TOWN CENTER DEVELOPMENT AGENCY Re-ordered on 6/1/2022,no changes to Agenda Items MEETING DATE AND TIME: JUNE 7,2022-6:30 p.m.Business Meeting MEETING LOCATION: Remote participation only.See PUBLIC NOTICE below. PUBLIC NOTICE:In accordance with the City of Tigard's Safety Plan related to COVID-19 and Oregon House Bill 4212,this will be a virtual meeting where Council and staff will participate remotely.There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before noon the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed.to be placed in the queue.We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE:https://www.tigard-or.gov/boxcast CABLE VIEWERS:City Council meetings may be shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. 114 City of Tigard Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD AND TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND JUNE 7,2022-6:30 p.m.Business Meeting Re-ordered on 6/1/2022,no changes to Agenda TIME: Items MEETING LOCATION: Remote participation only. 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS AND RECOGNITION A. JUNETEENTH-DAY OF REMEMBRANCE PROCLAMATION AND OFFICIAL CITY HOLIDAY RESOLUTION 6:35 p.m.estimated time B. RESOLUTION THANKING ELISE BUTERA FOR HER SERVICE AS TIGARD HIGH SCHOOL ENVOY 6:40 p.m.estimated time 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—Phone-In 4. CONSENT AGENDA: (Local Contract Review Board)The Consent Agenda is used for routine items including approval of meeting minutes,contracts or intergovernmental agreements.Information on each item is available on the city's website in the packet for this meeting.These items may be enacted in one motion without separate discussion.Council members may request that an item be removed by motion for discussion and separate action. A. ADA RAMP IMPROVEMENTS CONTRACT • Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. LEGISLATIVE PUBLIC HEARING ON HOUSING COMPLIANCE TEXT AND MAP AMENDMENTS 6:50 p.m.estimated time 6. PUBLIC HEARING ON ADOPTION OF FY 2023 FEES AND CHARGES SCHEDULE 7:50 p.m.estimated time 7. PUBLIC HEARING ON CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES 8:00 p.m.estimated time 8. PUBLIC HEARING ON A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING 8:10 p.m.estimated time 9. PUBLIC HEARING ON ADOPTION OF THE BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED 8:20 p.m.estimated time 10. TOWN CENTER DEVELOPMENT AGENCY PUBLIC HEARING ON ADOPTION OF THE TCDA FY 2023 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,IMPOSE AND CATEGORIZE TAXES 8:40 p.m.estimated time 11. CITY COUNCIL,BOARD AND COMMITTEE MEETINGS 8:50 p.m.estimated time 12. NON-AGENDA ITEMS 13. ADMINISTRATIVE REPORT 14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session.If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 15. ADJOURNMENT 9:15 p.m.estimated time AIS-4957 2.A. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 5 Minutes Agenda Title: Juneteenth-Day of Remembrance Proclamation and Official City Holiday Resolution Authored By: Joanne Bengtson Presented By: Assistant City Manager Kathy Nyland Item Type: Motion Requested Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Juneteenth is a federal holiday commemorating the emancipation of enslaved African-Americans.It is observed on June 19 of each year and celebrates African-American culture.This federal-and state-observed holiday is also observed by many public agencies in the region.It is proposed to be observed as an official City holiday by closing City facilities and providing teammates the day to learn and reflect.In addition,Tigard teammates are working with the school district on a celebration of the occasion on June 18. ACTION REQUESTED City teammates request City Council: 1) Issue a proclamation in support of and recognizing the significance of Juneteenth. 2)Adopt a resolution making Juneteenth as an official City holiday. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This will be the first year City Council considers issuing this proclamation.It will also be the first time the City Council is being asked to make Juneteenth a formal City holiday starting in June 2022. Public Involvement The city is working with partners in the Tigard-Tualatin School District to organize a community event on June 18 that emphasizes education,awareness and achievement.School district staff are seeking input from Black Student Union members and others on what they want to see from the event,while city teammates may have a podcast directed at what Juneteenth means (and doesn't mean). It is a day for celebration,reflection and rejoicing with guest speakers,families and friends. Impacts(Community,Budget,Policies and Plans/Strategic Connection) In keeping with the city's Strategic Vision to become an equitable community that is walkable,healthy and accessible for everyone; and stated in our community promises for: EQUITY:we will ensure just and fair inclusion where all can participate,prosper,and reach their full potential, ENGAGEMENT:we will involve all voices in our community while building trusting relationships and EXCELLENCE:we will set high standards and strive to exceed community expectations;recognition of Juneteenth as a day of remembrance may help foster a discussion about the trauma that has resulted from the enslavement of 4 million people for more than 250 years. ALTERNATIVES&RECOMMENDATION City Council could choose not to issue the proclamation,but city teammates and partners with the Tigard-Tualatin School District recommend its issuance in support of our equity work and the significance of this day. Council could also choose not to observe Juneteenth as a City holiday.This would be different than other cities in the region,the state,and the federal government,however. ADDITIONAL RESOURCES Attachments Proclamation Resolution ueo"""es.r,.,,,,, 'l'±'-xa ik._:�•,rr:.�r, :.rs - ,,,'_,.ref ?'% .�:_#r5:':;.'..x=l::. i,:', •- 1s,::•.Y?%i: ,.•:;.c rr k'•:.:=:Fw r-• : t.---T:'..- .:......'> ::Mt � L .H3' is.... y�. ... :_,�-,. +£e,�r .�•':� ,>:ti-� - _ `�y��..i�.P',-,0,...4.- ;eSsse �� e�}.. .:�+r - e.-. tel). "'4 A V ?v,, ..f: �k' h ,.. ;� Y ,� :.-.'�' �:" fi �e1. F ti:�}. T�y. -]�. *441e!''.. '•'.k.,¢r� �'... ^iiNNi� -..,..?/.,;!.<,.� "i}L5. �3�,�'.{�]•,'. _ ,ia`y�,. ...�� ..� :<rS.. 1:�:.•. v��{'-.`•n:cy.. 'y�i..,� ..'S' c:�_ �s.�re n�d1,. �'•0� yi,.• 4•� S 1�::',^,=. '`.-1' l�.r 'R. _ _ _ '''',..'3'-.1--7; .r�' ,� .�.n� r'.F�.��'..-• . .::,.=‘:r�� S:^ �f` g`::? :`'. -. '.fir,• i�. ..]5 �:i.z S. y, �•::.c{..,;...:"-,. - r lam., .i,. _ „4.4-.,..,:::,)..4,•= � I,-y.. .ti �..,1 . .• •'y :L.: '.. _ _ ,a _ iIit{.s.e,e�annwaao saw a asaAPMIUM.M.Meoee¢eoveovovJa.. oe�usaavvao.ae a3oeeneo.....fm....u3Aoa.i.... ........rice.. i r� . , 1 'V qii' : „: , . qi 5\1 : :, .:::::,,,,,:), oft• / 414: ::: raC.. r3:- - ' i 1//‘: AMJCJU l ::{ti�43i; Win' ,'' prz.any r ..M City of Tigard $ i,W "-r1 In Honor of JUNETEENTH 2022 J`-' .'':3,-r- - JUNE 19, 2022 .41.11,:. WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on ' ,sti :YF ..x, :G. <q.-',.,:e:-..:-- '''''' -:. G At January 1, 1863, declaring the slaves in Confederate territory free, and formally �:=:: abolishing slavery in the United States of America; ander .. -- -,,-.,•-.--. WHEREAS, notification of the signing of the Emancipation Proclamation was delayed ,y.. :11,16 ';. -T•- ' 2% years to June 19, 1865, in reaching authorities and African-Americans in Texas "°tr - - ., and the Southern states; and ``' ;WHEREAS June 19th has a s ecial meanin to African-Americans, and has been + :L.: ` 11 -. . eg_ celebrated by the African-American community for over 150 years; and _ 1. WHEREAS, June 19th has a special meaning to Black Americans, and has been ' 3-�� ``. celebrated by the Black American community for over 150 years; and w=, „..,,,,,,,i '"a r' WHEREAS, Juneteenth celebrates the end of slavery and recognizes the high ;a;. :. price Black Americans have paid for civil rights, and the importance of ensuring `'w '" °^ Black Americans have equal access under the law in housing, education, health =' care and criminal justice; and - !' WHEREAS, the Tigard community is enriched when we are sensitive to the µrd challenges and experiences of Black Americans and use that knowledge to eliminate g: `- 1-''!"�'`' institutional racism in all its forms. .::,,,-,q,...-,.=_°_" `e� FFSllAiY4r, ftfY . y d' ': NOW THEREFORE BE IT RESOLVED the City of Tigard City Council does hereby ``" proclaim ` v . JUNE 19, 2022, as JUNETEENTH -7- , v. -” in Tigard, Oregon. Let this daybe an opportunityfor the cityand its residents to = . .a _ ; . acknowledge an important period in our shared history that shaped and continues to ,` ".;'" -. influence our society. Let us continue to celebrate our continued commitment to build a :,; i< : ,. culture of inclusion and acceptance. °,k > = Dated this 7th day of June 2022. : ,- .4 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City ='-' of Tigard to be affixed. 3. ',;_ til5W" 'illi � ;.; ,1 =',!:ii.� ` Jason B. Snider, Mayor ' f = City of Tigard '-.` : Attest: ``��s� r`:` _, � ttf w C; 704arol Krager, City Recorder ; ‘41 ";S:-'c:"', 40-' ' }SST r?..— !=�.0.,.:"' 4 .-:'091/111196111iYfiYllilfE9fiIIMIR Qriri'4xuWwam9mdmmmm d9•111M09GHGr>fii]l Yfi19O MMan•MOaai el au 9a 9Ga mass,IYU MMMMMMMMMNowa winim9GaY Nam maw airs Row ..2 :,..01%,:_:-7,..%:-, fi• 3 es ii .n - r ,w rs `Y.,.. .i... 1 .Cr 1,� -?�i Z.�:�Y-� '�!E f1.,;�::.,�:�.�.'r g.,.,. yxz,-:.,f1::. .'.‘, .60,i' .Y:�. ?,1 6 4 ..i 7c .;:<. :;:�4.• xF ..�� I•:::.,. Ja .;.' +�r''t'{ •r''.a. 'iia. .� -3ca F5�: .., �� d P'N' �...'.,1 f•.: .� 7�s�'�,�'�;".''��•" J.... � 3L•: S� .. �!�'GWi+ �;.�i,•+ ?. ",-'•.,.'.'>, '".: :.•' rel.. ;•' nT;";'1'";/ e�:' ..•L 1 .""''•--,2-: ' ' ^ }��.t• r.:s�� '�&;' -"�� :atT,.,nz��.1.;'r�:T ,..�:s43r'a':'�kg;: :rr:'�%Y��.k+7:5.5��... t� `': v- i.s:..... �r CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION RECOGNIZING JUNETEENTH AS AN ANNUAL LEGAL HOLIDAY IN THE CITY OF TIGARD WHEREAS,men,women,and children were brought to the United States from the African continent as enslaved people beginning in 1526,if not before, and spent the next 350 years constructing this country's infrastructure and economy;and WHEREAS,President Abraham Lincoln signed the Emancipation Proclamation on January 1,1863,declaring all enslaved people in Confederate territory free, leading to the passage of the 13th Amendment, which formally abolished slavery in the United States of America;and WHEREAS,Union General Gordon Granger arrived in Galveston,Texas on June 19, 1865 to announce that "in accordance with a proclamation from the Executive of the United States, all slaves are free," two and a half years after it was first decreed; and WHEREAS, the celebration of the end of slavery,Juneteenth is one of the oldest celebrations in America, beginning in 1866, and growing out of the experiences of Black Americans and their enslaved ancestors; and WHEREAS,Juneteenth provides an opportunity for the City of Tigard to celebrate Black American heritage and achievements,and to honor the contributions of Black Americans to the country,culture,life,and liberties enjoyed today; and WHEREAS,Juneteenth also acknowledges America's commitment to freedom and opportunity, and our continued pursuit for equity and justice in line with the U.S. Constitution which states that all people are created equal; and WHEREAS,Black Americans continue to suffer from systemic racism more than 150 years after the end of slavery,which has impacted the physical, social, and economic health and well-being of this community, challenging their ability to enjoy the same freedoms as other Americans, build intergenerational wealth,live long, healthy lives, and fulfill their potential; and WHEREAS, in 2021, both the federal government and the Oregon Legislature recognized Juneteenth as an official holiday; and WHEREAS, the City strives to create a community where Black people feel safe and respected and interpersonal, institutional and structural racism no longer exists. Our commitment is present in the City's Anti-Racism Action Plan and strategic vision to be, "an equitable community that is walkable, healthy, and accessible for everyone;" and WHEREAS, the City of Tigard recognizes and celebrates,with enthusiasm,Juneteenth Day on June 19. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard declares June 19,Juneteenth, as an annual celebration of the past,present, and future of Black and African-American liberation. RESOLUTION NO. 22- Page 1 SECTION 2: The City urges all community members to learn the significance of this celebration in Black and African-American History and in the heritage of our nation and City. SECTION 3: The City recognizes Juneteenth,June 19, as an annual legal holiday within the City beginning June 19, 2022 and directs and authorizes the City Manager to take all actions necessary to implement this policy,including but not limited to amending the City's personnel policies. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor-City of Tigard Al"1'hST: City Recorder-City of Tigard RESOLUTION NO. 22- Page 2 AIS-4978 2.B. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 5 Minutes Agenda Title: RESOLUTION THANKING ELISE BUTERA FOR TIGARD HIGH SCHOOL ENVOY SERVICE Authored By: Carol Krager Presented By: Item Type: Motion Requested Resolution Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE It is customary to recognize the Tigard High School Envoy at the end of their service. ACTION REQUESTED The City team recommends Council approval of this resolution. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This is an annual recognition presented at the end of the school year. Elise Butera has served as the Tigard High School Student Envoy to the City Council for the 2021-22 school year,presenting monthly virtual reports. She kept the Council informed of school events,activities,and fundraisers.Council appreciated this connection to youth in the city and extends warm wishes for future success to Student Envoy Elise Butera. Council traditionally presents the student envoy with a resolution recognizing and thanking them for their service. ALTERNATIVES&RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION ACKNOWLEDGING AND COMMENDING ELISE BUTERA FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT ENVOY TO THE TIGARD CITY COUNCIL WHEREAS,the Tigard City Council desires to connect with students and stay informed of activities and events at Tigard High School;and WHEREAS, City of Tigard officials appreciated the monthly updates from Student Envoy Elise Butera;and WHEREAS, activities coordinated by Elise Butera and her fellow student leaders benefitted students and the Tigard community. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard Council and team members hereby convey their gratitude to Elise Butera for her exemplary service as Tigard High School Envoy. SECTION 2: The City of Tigard Council and team members hereby extend congratulations and best wishes for future health and success to Elise Butera. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 22- Page 1 AIS-4961 4.A. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): Consent Item Agenda Title: ADA Ramp Improvements Authored By: Toni Riccardi Presented By: Project Manager Nichole George Item Type: Motion Requested Local Contract Review Board Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The purpose of this action is to seek Local Contract Review Board approval of the annual ADA Ramp Improvements contract. ACTION REQUESTED Staff recommends the Local Contract Review Board award a contract to Lee Contractors,Inc for the 2022 ADA Ramp Improvements in the amount of$246,867.00. BACKGROUND INFORMATION This is the second contract season of the new American Disabilities Act(ADA)Right of Way ramp improvement program.The City is constructing nine(9) ramps that were identified as high or medium priority within the highest Transportation Demand Score area around Summerlake Park.Also included this year are two (2) citizen-identified ADA ramps. One at Martha Street&92nd (High School Crossing) and Maddie& 132nd Terrace(Alberta Rider Crossing). A formal Invitation to Bid was issued on April 15,2022 and Bids were due May 4,2022.The City received six bids from the following firms: •Lee Contractors,Inc-$202,270.00 •CR Woods General Contractors-$236,884.00 •Eagle-Elsner,Inc-$271,554.50 •Pacific Excavation,LLC-$326,000.00 •Brown Contracting,Inc-$328,888.00 •R&R General Contractors-$329,999.00 Staff reviewed the bids and determined that Lee Contractors,Inc.submitted the lowest responsible bid,with the base bid and alternate schedules,A,B and C.The company has no State of Oregon Contractor Construction Board violations and is not on the Bureau of Labor and Industries ineligible list. ALTERNATIVES&RECOMMENDATION It is recommended that the Local Contract Review Board approve the contract award. ADDITIONAL RESOURCES Partnering with Parks and Recreation to realign one of the trail heads to better serve the community. $17,000 will be coming out of Fund-Division-Account 420-8000-56005.The Work Order-Activity Type is 92053- 130-if design, and 140,if construction. Fiscal Impact Cost: $246,867.00 Budgeted(yes or no): Yes Where Budgeted(department/program): ADA Program Additional Fiscal Notes: This is not part of the Pavement Maintenance Program or Street Maintenance Fee. Attachments ADA Ramp Improvement Maps AO 14 :GINEEEy11'''ryryry i 7 51^ CITY OF TIGARD VY1 ON J`1". •,2 20`.4 X52 MARTIN [EXPIRES:06L30L2022 1 2022 RAMP IMPROVEMENTS ,L.,,..; _ „ „ , MARCH 2022 m 3 Y m m U II z L.;._ - N Q J C7 .. J 2 Z J=a �.3.4"41""11'"a ,,[��-[i Z -z 0 `� „I I mil !Hp Lmt iELUL nTli 1zakizi 1; Z aia . j:�i. _mo_nn'�• ,�� ■:,",gip' . 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Contact:Nichole George,Project Manager l: n.1:o" 11:2:an:.?ee. _.:�.: I y': '�n� �►• ■■ 11�:=�:1d ■ " ,� � ( ) 182584 - 0 �� i_0 1.mmli II .g ISM tig. III/ pii'r►'Ittfo v►;,<>•**.4 � 503 7 C7 SW WINTER LAKE DR & SW 128TH AVE SW CORNER ` 1 •'•■•■:.® O:. it illfA ,.i■' i ..1 vv .,4 ;y..•,o.��i'• �� C>,;`44 ' i�y'v �i 1: C8 SW WINTER LAKE DR & SW 128TH AVE - SE CORNER ba' a�n% II r_°'6G■'r�':• ..�� . 9q 1/I i`,_`�1i J ■ ■ o ■■ /IOp.J�J�!{' ��.y 41 1� 1.1.1 Ilu=71101,1 L ••o•.D I ':i. laiii - g 14.•. 1■■■q9:l I P J i 440. ,�i �> fit• �'11im■ ..=In : �11■ 1 1- ■• • ♦ ♦ s. Other A encies: k11::II■ c, I � IIAIIF.,:■�•� 7 *p": �• Iii i�C�Q/I�i:O � p♦ �� i v 9, I�L t��: ®` 1 b ,ii _,;;,=SPA _ •17:-1.■►e_�I�;•p�'��''C�' :o'•�•�•.�� ` �� , ��, C9 SW WINTER LAKE DR & SW 128TH AVE - NE CORNER i�i it- I J ■■In- ��.1s . 1.11- J\\•1 • -1` ,...: L� _a ��`i7:7J� �'� I I Iln 1 uf�--.�o�l� j,:�'�•:L*�w`��S��y,�j , , , Ziply Fiber NW Natural nnl. `z1p"= i..Au - _ r=1�i�J.. s...�•••:.�0 t ` �,. C10 SUMMERLAKE PARK PEDESTRIAN PATH PLAN & PROFILE ••��/ l;.10�; :•••••• `4:• \ .■■. :per I�� • .i p p �O ��► ,aft + (503)626-2386 (503)226-4211 Ext.2967 i•.. 0 nn p�►.:e, i iIg-■11:::::::: ►..v�. �� p``. ■ ♦ ■11e„��:�- ...■,,,v __ ��,�� .�.oinglC�.v:��r;�.,o1111111:?�� • ��,�� ■1� Contact:JohnBielec Contact: Richard Girard011 SW BLACK DIAMOND WAY & SW PONDEROSA PL - NW CORNERT�1i1 ♦Dii �/�► y ■■■■■■■��O�OJJ•D� 11■■�i �1�■ i��•Imo•iJ�P�AJ� ■■i iA/IN%.:"' •9°' """""111"111, .►O.!`.:`��i•■ I �.� ^:�O •.,•'� ■■■■' Portland General Electric Washin ton Count Si nals No�D ��=�•%_•. ��..g�e./��''�' '•�4�.•,•%��•` _, �,;.%..••o•• �s••;.�=" - � ...CI 012 SW BLACK DIAMOND WAY & SW PONDEROSA PL- NE CORNER _�_ � o�nunn ,♦ ♦'.•...0.v ♦o ••.y .�•.�. v., `� . ■ (503)672-5454 (503)846-7959�`�``a ��■'" `� "'�- •r11 y' ��y-'��`4��'�'� "" r''• •�p�:�"�••''t•��_ ��1Contact: JoseVelascoContact: Kevin Ellington � c N♦♦ ♦�••`O� , /� JO.rG.i ".'i.••••'�`/ ■ I I ■ I.. I is 1.:i♦0`Y.. _111■� '= �® :��`_pO,•;.�p�pOpO��.=11 p•.: - ' .ml:4- : ■N /T-'-'' • .lfoll �i�.III1P■F11111■"• ■al G� }I 013 SW BLACK DIAMOND WAY & SW PONDEROSA PL - SCORNER '/� N �4i�1..,,mi:'o°0�:�� of �id•%n - :�• mire)'1•. ■-_% O��' v..A:p`�`,�...1111■ � V/ Jn . "'� : ;-='_11 F,, „ 1111■IIIIIIIIIIII�pi -1..4: .. �,�� 1111111i zann. o �.►n.n►O.O . �.► .m:■ Comcast M 1111■1►L►�� .:.".1.11., �.. : 1• "= I ■■II.■ ► 1 �� , �.��1: !� �= • .0:21: aig _inden �� 014 SW 132ND TER & SW MADDIE LN C �_• �� (503)596-3733 �� ,_ { ■ 717 !^A 1 ■••■•••.--- •- Z ■. ,�•ii�"� '•� ..�••..nl,. A�'I .1.. 1 1::�:I; _�� i�■■■'•1 1 _,= ` Contact:Alexander Silantiev a 'G If�l■.i11:...,. 11111?7.1��I 1�F......■ ■►�.....::�7 I • =■ 4i LtaTI al ::)T ,7 110 - ■�Iliirill■I■ _� l...irigTfi �`I a�u ■P .♦� 1►•� 1e •p _=r.•�I-r■:•••;; �.■ 1 ■■11■•:_n,:nn= n..11 ..-2=;� �- C15 SW 92ND AVE & SW MARTHA ST - SW CORNER1_•% imn___A Iii: - ;1 ® ��`'�'mI ■ R F ■. ♦ -,r■.�=E.! ...':pm. 111e .■,:1■•ii'id1�•g-'� , w M uT1= :�■ 1at'■_r ■►.11,. �� •= .1 IAV •• I--=n: ��'�_; :� ► -n: 1 .I . 111 ■ �■■. 19r•.1•n..:.�n■. drl u� lA .■■■ ■IIIHl■- ' r; '� 7�r■. • 4i 7■. Lib 4'0'1" 1!;■■;ma!_L...... �1u111 -�.71-s _1 ® 016 SW 92ND AVE & SW MARTHA ST- SE CORNER iii�N p� i1i_ n ■_ ■i 111■■I1 1�\r 1 PII.III •■1111 1 ■_;t-tall J ��n t'4► ■\ �� `' a ��■ ��Ow�I�y■� .:/_1 - .■ 1 L■■ Ii le t:o,� ■ :.1■1• r■ NT!tit 11 i.n..u....n !Alm pl■ • lum ,r 205 al ��■■■ • \11m_11� ■ - / /A■■7►I�r,■ �-•--'- 1■�.ni..:.- :nla:iui!: , ! _ D1 PROJECT DETAILS a __ .••• �-i ..�� ■ -'I�\ ■ ■ .III, _ � �� -II VANCOWER /\ 41�_I .•.�.:•,•` 11.®® r►•.... '=��` , �. yl■� o. T ---_ _ cow ,t, D2 STANDARD DETAILS I 1\ Ir M6� i:t1:t.••• 'i ■7^_°..lel. .i G■n. 1. -1.0��=1■I,- 1i: E-.. ■ _ ,� - 'I_ MBIA HIVEH- • 1 . •- 11,' Ills, ' \/■/■ ■ -e_"� 1 ■. �`l V.55 35.m ono?; ® ' -' :0;;;'�.... a ,:. ItP ...�1_T_° ...._-=.••1. STANDARD DETAILS•J::I •11►,1111 u1 ■p:. ,� iil■111 ■I = I �. • 11111Tow. Lll� nnm■1„ „' it 11 _ ■► ,111..11• 111 STANDARD DETAILS�' 1 . 11- PORTLAND 1■ ■■■■• 11■■■llin - - - ■' - 1 iG7:::: 111- r •:r.■ti _: = I■/ ■LI lill rte a I-. �:' •04,� _ ° :,. //1 :■:;..... :111,1: i �..,, ■1 •MI ; .;SW1 132ND TERRACE ► �I I I I I I� Mt 51 ':-;'''111-= ®•::. _ ' I■ PROJECT Z., ��'_. • 1'"�� - �11, q■ �� ,. nour,` _ _ .... ;::: 1111.u11i111 BEAVERTON D5 STANDARD DETAILS IV NO .�... .1111,.= ;,�.■■. �-- nit _ _ .:.11: ;..- �� LOCATION _ a w 1 ■'' �� \ ill'` r�11 re- 1;, ti 1 VY. 'bio,-.1:1•-•--"•rr, ii." 7 o for r ■.wuM,,...c fir, _ ",i.f-.7- �-IIIfI d iii;';;�;o'�,'•: .,, _� L.- 11► �%%':•'''�i _dm- ........_®®=:x.111111-11,..�� 81_ D6 STANDARD DETAILS V L.a•;,o;p•6'`••:. _ .� o"°v. �� al . �� o::•••�ow;;�;mr - �,.a _ -11 :Ettt%: ce•. ` i= i .T:' , ��1�atla/`„:,:,,/.rm.... y • _ TIGA•D Id %'':•••;y:`3. •,= `,1T1�� :11' ;•:$p • • ,1,.,1,Too ;..�1�1//un `` ,. :_7?..... _AG; * D7 STANDARD DETAILS VI �� , .��P�ll��ri •..�:7: ��1/ a, • 'E••■1._ ti,,,,/l d 04.1. 1u u11 ry - -i.i �, :7'. SANDY O N O it ,.,• L 11��i ..1:• "' a ;: ,._._............, a•--...� dun■�1.-/111. -__-- _ 11q;111g1.1� D8 STANDARD DETAILS VII `'%+ 1 t�a9. - 111 �' -////11111illlllil■■n CI= Ii11u.lmm�l!,1m.I a.`__ TUAIaTIN ® fX fX./,1, 1111 p ,• e; ,1_A:7,11 ; __ ,.•.111Ill,lal D9 STANDARD DETAILS VIIIUII 1 = - � �'�'! �iii'::�V_• /• III -I• AL1 •111 1111A� III ES i i-_- 111111- •I.\tOv � �' Mit .. I�. ='� - ■�:�111.� `•: p:r, ■ I II CID D10 EROSION CONTROL DETAILS ■ 111.,; ' . ••'4 , ■ - -11Im IIIIn 1VY1N._=°°-'9=E�y= , �_r_n SW 92ND AVE. IIII,\� ESTACADA _"�iiiliiil1 I lllillI iiiiiiirii'I-dlile: .4C. ■I__-�•. e.I �1-+OI.i 111��„1 . CANBY -r �' 1 ,, '�1; ••• firm// 11.1-- F� ii ,......w-:®®n�- ®W�iG�1-� . 1� • fY'UIIIII�. 2„ _ 1.11 1 - O PROJECT SITE MAP LOCATION MAP ■■ p NOT TO SCALE NOT TO SCALE DRAWING NO: Cl 1 OF 26 GENERAL CONSTRUCTION NOTES: REPLACE ANY DAMAGED UTILITIES USING MATERIAL AND METHODS APPROVED BY THE UTILITY ALL TIMES. TRAFFIC PLATES SHALL BE USED, AND SECURED IN A MANNER ACCEPTABLE TO GENERAL LEGEND RED PRgc�,_ OWNER. NO SERVICE INTERRUPTIONS SHALL BE PERMITTED WITHOUT PRIOR WRITTEN THE AGENCY, ACROSS ALL TRENCHES BLOCKING DRIVEWAYS TO PROVIDE ACCESS AT ALL �lS NGIN Lo 1. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN AND PAY FOR ALL APPROVAL FROM THE UTILITY PROVIDER. TIMES. AT NO TIME SHALL CONTRACTORS DETAIN OR DELAY EMERGENCY VEHICLES. A, ih APPLICABLE PERMITS, LICENSES AND CERTIFICATES RELATIVE TO THE TRADES TO COMPLETE 20. THE CONTRACTOR SHALL PRUNE ALL VEGETATION, AS NECESSARY AWAY AND UP FROM THE 13. THE CONTRACTOR SHALL COORDINATE ACCESS FOR SERVICES INCLUDING, BUT NOT LIMITED - - EXISTING RIGHT OF WAY 7 51^ THE PROJECT AND FOR THE USE OF SUCH WORK WHEN COMPLETED. COMPLIANCE SHALL BE STREET AND SIDEWALK. AS WELL AS ANY ROOT PRUNING AS DETERMINED BY THE TO, MAIL DELIVERY, TRASH PICKUP, SCHOOL TRANSPORTATION. AND ANY OTHER SPECIAL EXISTING PROPERTY LINEVY1 AT ALL LEVELS, FEDERAL STATE, COUNTY, AND LOCAL, RELATING TO THE PERFORMANCE OF ENGINEER. THE CONTRACTOR SHALL PROTECT ALL EXISTING LANDSCAPING THAT IS TO TRANSPORTATION SERVICES THAT EXIST WITHIN THE PROJECT AREA. ON �� THE WORK. REMAIN. 14. THE CONTRACTOR SHALL PROVIDE AND PLACE "NO PARKING" SIGNAGE AS NEEDED TO EXISTING EASEMENT J .2 W06' 2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY ALL UTILITY LOCATIONS 21. AT THE END OF EACH WORK DAY,THE CONTRACTOR SHALL CLEAN UP THE PROJECT AREA ACCOMMODATE THE APPROVED TRAFFIC CONTROL PLAN AT NO COST TO THE AGENCY. MARTIN PRIOR TO CONSTRUCTION AND ARRANGE FOR THE RELOCATION OF ANY UTILITIES IN CONFLICT AND LEAVE IT IN A NEAT AND SECURED MANNER. UPON COMPLETION,THE CONTRACTOR EXISTING CURB [EXPIRES:06/30(2022 WITH THE PROPOSED CONSTRUCTION. THE LOCATIONS, DEPTH AND DESCRIPTION OF EXISTING SHALL LEAVE THE PROJECT AREA FREE OF DEBRIS AND UNUSED MATERIAL. SIGNING AND STRIPING NOTES: UTILITIES SHOWN WERE COMPILED FROM GIS MAPPING, AVAILABLE RECORDS, FIELD SURVEYS, EXISTING CONCRETE/SIDEWALK - AND WERE NOT COMPILED FROM A DETAILED SURVEY COMPLETED BY A LICENSED SURVEYOR 22. THE CONTRACTOR SHALL MAINTAIN AND COORDINATE ACCESS TO ALL W EXCEPT FOR THE SPECIFIC PROJECT SITES SHOWN IN THE PLANS. THE ENGINEER OR PROPERTIES/BUSINESSES ADJACENT TO THE PROJECT. THE CONTRACTOR SHALL NOTIFY 1. ALL SIGNING AND PAVEMENT MARKING MATERIALS AND WORKMANSHIP SHALL CONFORM TO a THE REQUIREMENTS AND SPECIFICATIONS OF THE MANUAL ON UNIFORM TRAFFIC CONTROL t EXISTING GRAVEL G UTILITY COMPANIES DO NOT ES, OT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF SUCH AFFECTED PROPERTY/ BUSINESS OWNERS A MINIMUM OF 48 HOURS PRIOR TO ANY DEVICES REQUIREMENTS ), 2018 APWA STANDARD SPECIFICATIONS, AND CITY STANDARDS. RECORDS.ADDITIONAL UTILITIES, OTHER THAN THOSE SHOWN, MAY EXIST WITHIN THE WORK DRIVEWAY CLOSURES AND ASSIST PROPERTY OWNER WITH ALTERNATIVE PARKING. 7iiiiiiiiiiiiiiiiiiii//z EXISTING WALL AREA. PEDESTRIAN AND VEHICLE ACCESS TO ENTRANCES SHALL BE MAINTAINED AT ALL TIMES. THE 2. LOCATIONS SHOWN FOR EXISTING SIGNS AND PAVEMENT MARKINGS ARE APPROXIMATE. col CONTRACTOR SHALL PROVIDE RAMPS OR OTHER APPROVED METHODS FOR MAINTAINING CONTRACTOR SHALL REPLACE EXISTING PAVEMENT MARKINGS WITH THE SAME SIZE, STYLE, x x x EXISTING FENCE m 3. OVERHEAD UTILITY WIRES ARE NOT SHOWN. CONTRACTOR SHALL VERIFY AVAILABLE VERTICAL \ >- CLEARANCE AT EACH PROJECT SITE AND PROVIDE EQUIPMENT/SEQUENCING/PLANS TO ACCESS TO ENTRANCES. RAMPS SHALL BE ADA COMPLIANT,APPROVED BY THE ENGINEER, AND AT THE SAME LOCATIONS, UNLESS OTHERWISE SPECIFIED. ALL TRAFFIC SIGN POSITIONS pp PROTECT THE EXISTING UTILITIES. AND INCIDENTAL TO THE CONTRACT WORK. AND PAVEMENT MARKINGS LAYOUTS SHALL BE REVIEWED IN THE FIELD BY THE ENGINEER SS EXISTING SEWER MANHOLE CD 23. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL CONSTRUCTION PRIOR TO INSTALLATION. REMOVE EXISTING STRIPING AS NECESSARY TO ACCOMMODATE 4. THE CONTRACTOR SHALL KEEP AN APPROVED SET OF PLANS ON THE PROJECT SITE AT ALL SAFETY, HEALTH AND OTHER RULES AND REGULATIONS FROM OSHA, DEQ, STATE,AND LOCAL PROPOSED STRIPING AND TO TIE INTO EXISTING STRIPING AT PROJECT LIMITS. • TIMES. REGULATING AGENCIES FOR SAFETY AND INSTALLATION OF THE WORK INCLUDING BUT NOT 3. REMOVAL OF EXISTING PAVEMENT MARKINGS OUTSIDE OF PAVEMENT RESTORATION LIMITS SD EXISTING STORM MANHOLE 1 1i 5. ANY INSPECTION BY THE CITY, COUNTY, STATE, FEDERAL AGENCY OR ENGINEER SHALL NOT, LIMITED TO SHORING, BRACING, ERECTION/INSTALLATION, FALL PROTECTION, GUARDRAILS, ETC. SHALL BE COMPLETED IN A MANNER THAT MINIMIZES DAMAGE TO THE EXISTING PAVEMENT IN ANY WAY, RELIEVE THE CONTRACTOR FROM ANY OBLIGATION TO PERFORM THE WORK IN 24. IF CULTURAL OR ARCHAEOLOGICAL RESOURCES ARE DISCOVERED ON THE SITE DURING WITH NO IMPACTS GREATER THAN r DEPTH. EQUIPMENT SHALL BE SPECIFICALLY INTENDED z w m COMPLIANCE WITH THE APPLICABLE CODES, REGULATIONS, CITY STANDARDS AND PROJECT ® EXISTING CATCH BASIN N_ a 0 y CONSTRUCTION ACTIVITY, INCLUDING BURIAL SITES,THE CITY OF TIGARD SHALL BE NOTIFIED FOR STRIPING REMOVAL F o w CONTRACT DOCUMENTS. z IMMEDIATELY AND THE CONTRACTOR SHALL COMPLY WITH ALL REQUIREMENTS OF SECTION a z 6. CONTRACTOR SHALL COORDINATE ALL IMPROVEMENT LIMITS WITH THE ENGINEER ONSITE PRIOR 00290.50 OR 00290.51 OF THE OREGON STANDARD SPECIFICATIONS AS APPLICABLE. 4. ALL SIGN POSTS SHALL BE 2"-12GA PSST WITH 2 "-7GA ANCHOR PER OREGON STANDARD = =c DRAWINGS TM 681 AND TM687 UNLESS OTHERWISE NOTED. CI EXISTING GAS VALVE 0 m 0 s TO BEGINNING WORK. NO PAYMENT WILL BE MADE FOR EXTRA WORK THAT IS CONSTRUCTED i 4 z o 25. MATERIALS SHALL BE NEW. THE USE OF MANUFACTURER'S NAMES, MODELS, AND NUMBERS o BEYOND THE APPROVED CONSTRUCTION LIMITS. W r o IS REQUIRED AND INTENDED TO ESTABLISH STYLE, QUALITY, APPEARANCE, AND USEFULNESS. z a=a 7. PROPERTY LINES SHOWN ON PLAN SHEETS ARE APPROXIMATE, WERE GENERATED FROM PROPOSED SUBSTITUTIONS WILL REQUIRE WRITTEN APPROVAL FROM THE CITY OF TIGARD SURVEY NOTES: 0 EXISTING WATER VALVE 0 mo AVAILABLE GIS INFORMATION,ARE FOR GENERAL DELINEATION PURPOSES ONLY AND ARE NOT PRIOR TO INSTALLATION. G z 1-a MEANT TO REPRESENT THE ACTUAL PROPERTY BOUNDARIES. o w o on26. MAINTENANCE OF THE WORK AREA AND APPROACH ROADS IS THE RESPONSIBILITY OF THE 1. THE HORIZONTALDATUM AND BASIS OF BEARINGS IS NAI) 83 (2011) EPOCH 2010.00 ® EXISTING WATER METER 8. REPLACE CURBS, SIDEWALKS,AND/OR DRIVEWAY APRONS THAT ARE DAMAGED AS A RESULT CONTRACTOR.THE WORK AREA AND APPROACH ROADS SHALL BE MAINTAINED IN A CLEAN OREGON NORTH 3601, INTERNATIONAL FEET. GPS OBSERVATIONS UTILIZING THE OREGON z 0- OF CONSTRUCTION OPERATIONS. REPLACE FULL SECTIONS TO THE NEAREST EXISTING CONDITION, FREE FROM OBSTRUCTIONS AND HAZARDS. A COPY OF THE CONTRACTORS REAL TIME NETWORK (ORGN) WERE HELD AT CONTROL POINT NUMBER 10 AND 11 FOR THE CONSTRUCTION JOINT. REPLACEMENT WILL BE CONSIDERED INCIDENTAL TO THE WORK. CERTIFICATE OF INSURANCE SHALL BE AVAILABLE AT THE WORK AREA. INTERSECTIONS OFF OF SW WINTERLAKE. CONTROL POINT NUMBER 25 AND 26 WERE HELD EXISTING FIRE HYDRANT 9. ALL CONSTRUCTION SURVEY AND STAKING REQUIRED FOR THE PROJECT SHALL BE PROVIDED 27. PROPERTY DISTURBED BY CONSTRUCTION ACTMTY SHALL BE SEEDED WITH A STANDARD FOR THE INTERSECTION OF SW BLACK DIAMOND WAY AND SW PONDEROSA PLACE. CONTROL BY THE CONTRACTOR. THE CONTRACTOR SHALL DEVELOP AND MAKE ALL DETAILED SURVEYS GRASS MIX; SHRUBS, FLOWERS, BARKDUST, EXISTING SIGNS, PAVEMENT MARKINGS, POINT 28 AND 29 WERE HELD AT THE INTERSECTION OF SW MADDIE LANE AND SW 132ND NECESSARY FOR LAYOUT AND CONSTRUCTION INCLUDING EXACT COMPONENT LOCATION (SUCH MAILBOXES, ETC. SHALL BE REESTABLISHED, REINSTALLED OR REPLACED, WITH LIKE KIND TERRACE. CONTROL POINT 34 AND 35 WERE HELD AT THE INTERSECTION OF SW MARTHA N EXISTING IRRIGATION CONTROL VALVE W AS EXISTING STRIPING, SYMBOLS, ETC), WORKING POINTS, LINES,AND ELEVATIONS.THE AND MATERIAL. STREET AND SW 92ND AVENUE. TERRESTRIAL GROUND MEASUREMENTS WERE OBSERVED 28. CONTRACTOR MUST VERIFY ALL EXISTING UTILITIES FOR BOTH VERTICAL ELEVATION AND BETWEEN ALL INTERVISIBLE CONTROL POINTS. TRIMBLE BUSINESS CENTER VERSION 5.40 WAS H CONTRACTOR SHALL BE RESPONSIBLE FOR MARKING EXISTING CURB EXPOSURE PRIOR TO 0 DEMOLITION OF ANY EXISTING ROADWAYS.THE CONTRACTOR SHOULD ASSUME THAT ALL USED TO ADJUST THE CONTROL NETWORKS. o EXISTING SPRINKLER HEAD 0 HORIZONTAL LOCATION PRIOR TO START OF WORK (POTHOLE BEFORE DIGGING IF Z Z SURVEY STAKING IS TO BE COMPLETED USING INFORMATION CONTAINED IN THE PLANS AND NECESSARY). SHOULD CONFLICTS ARISE AND REDESIGN OR RELOCATION OF FACILITIES BE 2. THE VERTICAL DATUM IS NGVD 29 CITY OF TIGARD DATUM .AN ELEVATION OF 177.79' Lv SPECIFICATIONS OR FROM EXISTING ONSITE FEATURES. INFORMATION OR CLARIFICATION BY NECESSARY, IT SHALL BE DONE AT THE CONTRACTORS EXPENSE. CHANGES MUST BE FEET WAS HELD AT CITY OF TIGARD BENCHMARK NUMBER 284.A 3" BRASS DISC IN THE © EXISTING COMMUNICATION RISER (.7 THE ENGINEER MAY BE AVAILABLE UPON REQUEST, BUT IS NOT GUARANTEED. APPROVED BY THE CITY IN ADVANCE OF WORK PERFORMANCE. CONTRACTOR SHALL NORTH CURB OF SW WINTERLAKE DRIVE AND 25' WEST OF CENTERLINE OF SW 128TH J Lv 10. THE CONTRACTOR SHALL HAVE THE RESPONSIBILITY TO CAREFULLY PRESERVE BENCH MARKS, COORDINATE THE WORK WITH AFFECTED UTILITY AGENCIES. AVENUE FOR ALL OF THE INTERSECTIONS ALONG SW WINTERLAKE DRIVE. Q J REFERENCE POINTS AND STAKES, AND IN THE CASE OF DESTRUCTION THEREOF BY THE -3 - LUMINAIRE CONTRACTOR RESULTING FROM ITS NEGLIGENCE, THE CONTRACTOR SHALL BE CHARGED WITH 29. A TEMPORARY HARD-SURFACE PATCH (COW MIX AC OR HOT MIX BASE PAVING) SHALL BE 3. A GPS DERIVED ELEVATION OF 200.632 WAS CONVERTED UTILIZING AN ONLINE VERSION OF Lil THE EXPENSE AND DAMAGE RESULTING THEREFORE AND SHALL BE RESPONSIBLE FOR ANY PLACED ON TRENCHES WITHIN ROADWAYS AT THE END OF EACH DAYS WORK. NO TRENCH, VDATUM TO A NGVD 29 ELEVATION OF 197.132 AT CONTROL POINT NUMBER 16.A 5/8" Z MISTAKES THAT MAY BE CAUSED BY THE UNNECESSARY LOSS OR DISTURBANCE OF SUCH ON SITE OR OFF-SITE, SHALL BE LEFT AT ANY TIME IN AN UNSAFE CONDITION. THE IRON ROD WITH RED PLASTIC CAP AT THE NORTHWEST QUADRANT OF SW HAWKS BEARD AND 0 EXISTING SIGN Li MARKS, REFERENCE POINTS AND STAKES. CONTRACTOR IS RESPONSIBLE FOR AND IS LIABLE FOR HAZARDS OR DAMAGE RESULTING THE CUL-DE-SAC EAST OF SW 130TH AVENUE. DIGITAL DIFFERENTIAL LEVELS WERE RUN FROM THE PROSECUTION OF THE WORK. THROUGH THE ON-SITE CONTROL. 0 11. MULTIPLE SURVEY MONUMENTS ARE PRESENT THROUGHOUT THE PROJECT AREA AND TDHE 30. OREGON LAW REQUIRES FOLLOWING THE RULES ADOPTED BY THE OREGON UTILITY 4. A GPS DERIVED ELEVATION OF 167.601 WAS CONVERTED UTILIZING AN ONLINE VERSION OF EXISTING MAILBOX WITHTHE APPROXIMATE LOCATIONS ARE SHOWN IN PER PLANS.E THE CONTRACTORPRSHALLOKECOSS THEE NOTIFICATION CENTER. SAID RULES ARE SET FORTH IN OAR 952-001-0010 THROUGH OAR VDATUM TO A NGVD 29 ELEVATION OF 164.110 AT CONTROL POINT NUMBER 25.A 3" MAG WITH EN ENGINEERRIPER ANY 00490.48ISTUAND PER THE SPECIAL PROVISIONS TO ADDRESS THESE 952-001-0080. COPIES OF SAID RULES MAY BE OBTAINED FROM THE CENTER BY CALLING SPIKE IN THE PAVEMENT AT THE NORTHWEST QUADRANT OF SW BLACK DIAMOND WAY AND MONUMENTS PRIOR TO DISTURBANCE ACTMTIES. 503-246-1987. IF YOU HAVE ANY QUESTION ABOUT THE RULES, CONTACT THE CENTER. SW 108TH AVENUE. DIGITAL DIFFERENTIAL LEVELS WERE RUN THROUGH THE ON-SITE 0 EXISTING BOLLARD 12. PROTECT FRESHLY POURED CONCRETE CURBS AND SIDEWALK FROM VANDALISM OR OTHER NOTE: DAMAGE TO UTILITIES SHALL BE CORRECTED AT THE PERMIT HOLDERS EXPENSE. CONTROL. 01 N DAMAGE 11 c`l SUPPORTFOR A TYPICAL USEMOF WHCHEVER ISFOUR (24)LONGER. ANYYURS CURBRORNTIL SIDEWALELKDDAAMAGED BY • EXISTING SURVEY MONUMENT L a N 5. A GPS DERIVED ELEVATION OF 566.285 WAS CONVERTED UTILIZING AN ONLINE VERSION OFENOUGH TO C O VANDALISM OR OTHER CAUSES SHALL BE REPLACED AT NO COST TO THE AGENCY. TRAFFIC CONTROL NOTES: VDATUM TO A NGVD 29 ELEVATION OF 562.790 AT CONTROL POINT NUMBER 28.A 3" MAG o 13. ALL PUBLIC IMPROVEMENTS SHALL BE CONSTRUCTED PER THE APPLICABLE SECTIONS OF THE SPIKE IN THE PAVEMENT AT THE SOUTHWEST QUADRANT OF SW MADDIE LANE AND SW Cn 0(113 Ih CITY UF TIGARD PUBLIC IMPROVEMENT DESIGNNSTANDARDS, EXCEPT MODIFIED HEREIN, 1. NO WORK WILL BE PERMITTED DURING THE HOURS OF DARKNESS, NOR BETWEEN 7:00 P.M. 132ND TERRACE. DIGITAL DIFFERENTIAL LEVELS WERE RUN THROUGH THE ON-SITE CONTROL. A EXISTING SURVEY CONTROL POINT ■ THE 2018 APWA OREGON STANDARD SPECIFICATIONSSN FOR CONSTRUCTIONASAND CLEAN WATER TO 7:30 A.M., MONDAY THROUGH FRIDAY NOR ALL HOURS ON SATURDAY AND SUNDAY 6. A GPS DERIVED ELEVATION OF 195.201 WAS CONVERTED UTILIZING AN ONLINE VERSION OF WITHOUT PRIOR APPROVAL. '77.,' SERVICES DISTRICT'S DESIGN AND CONSTRUCTION STANDARDS (RESOLUTION AND ORDER VDATUM TO A NGVD 29 ELEVATION OF 191.720' AT CONTROL POINT NUMBER 34. A 1" z Q 17-05). 2. THE CITY RESERVES THE RIGHT TO ADD TO OR MODIFY TRAFFIC CONTROL REQUIREMENTS AS BRASS DISC IN THE CURB IN THE SIDEWALK ON THE EAST SIDE OF SW 92ND AVENUE. c ,ycrMAY BE NECESSARY TO EFFECTIVELY CONTROL TRAFFIC AND TO ASSURE PUBLIC SAFETY. EXISTING TREE14. EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE ONLY AND NOT COMPLETE. IN ORDER 7. THIS IS NOT A BOUNDARY SURVEY. THE RIGHT OF WAY LINES AND LOT LINES SHOWN ARELI 0 3. TRAFFIC CONTROL TO BE PERFORMED IN ACCORDANCE WITH THE MANUAL FOR UNIFORM APPROXIMATE AND FROM GIS INFORMATION PROVIDED BY WASHINGTON COUNTY. °�i,,,s TO PROTECT EXISTING UNDERGROUND UTILITIES, CONTRACTORS PERFORMING WORK SHOWN WAC a ON THESE PLANS MUST NOTIFY UTILITIES AND PUBLIC AGENCIES AT LEAST 48 BUSINESS TRAFFIC CONTROL DEVICES AND OREGON AMENDMENTS AS REQUIRED. THE CITY CAN HOURS IN ADVANCE OF,AND NO MORE THAN 10 BUSINESS DAYS BEFORE, BEGINNING SEAQU�IYRE ADDITIONALTRAFFIC CONTROL MEASURES AS NEEDED TO PROVIDE FOR PUBLIC PHASING NOTES: EXCAVATION, IN ACCORDANCE WITH THE PROVISIONS OF OAR 952-001-0090. LIMITS OF EXISTING SHRUB WORK SHALL BE PRE-MARKED FOR THE UTILITY LOCATORS. POTHOLE ALL CROSSINGS AS 4. EXISTING SIGNS THAT CONFLICT WITH CONSTRUCTION SIGNING ARE TO BE COVERED OR 1. CONTRACTOR SHALL FOLLOW AN APPROVED PHASING PLAN FOR EACH PROJECT AREA THAT NECESSARY TO PREVENT GRADE AND ALIGNMENT CONFLICTS. REPORT ALL CONFLICTS CTS TO THE REMOVED AND REINSTALLED AFTER CONSTRUCTION. MEETS THE MINIMUM REQUIREMENTS AS SET FORTH IN THE CONTRACT DOCUMENTS.ANY ENGINEER IMMEDIATELY. PROTECT EXISTING UTILITIES AT ALL TIMES DURING CONSTRUCTION. 5. GRADE CHANGES WITHIN THE TRAVELED LANE OR A VERTICAL CHANGE OF MORE THAN 1" PROPOSED PHASING THAT CONFLICTS WITH REQUIREMENTS NOTED BELOW OR ELSEWHERE IN 0 CALL THE ONE CALL UTILITY NOTIFICATION CENTER AT 503-246-6699 FOR UTILITY LOCATES. N WILL REQUIRE TEMPORARY HMAC RAMP WITH PAPER OR SAND JOINTS AS NEEDED. THE CONTRACT DOCUMENTS, SHALL BE APPROVED IN WRITING BY THE CITY PRIOR TO CC ANY DAMAGE TO EXISTING UTILITIES, WHETHER THEY'RE SHOWN ON THESE DRAWINGS OR NOT, BEGINNING WORK. Z WILL BE REPAIRED OR REPLACED AT THE CONTRACTOR'S EXPENSE. ATTENTION: OREGON LAW 6. THE CITY'S STANDARD SPECIFICATION FOR TRAFFIC CONTROL IS "MANUAL ON UNIFORM Q REQUIRES ALL EXCAVATORS TO FOLLOW RULES ADOPTED BY THE OREGON UTILITY TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS", U.S. DEPT. OF TRANSPORTATION, 2. CITY WILL PROVIDE DOOR HANGERS FOR THE CONTRACTOR TO DISTRIBUTE NOTIFY NEARBY 0 LA NOTIFICATION CENTER.THOSE RULES ARE SET FORTH IN OAR 952-001-0010 THROUGH OAR FHWA, CURRENT EDITION. AND AFFECTED PROPERTIES OF THE PROJECT AND EXPECTED IMPACT TO TRAFFIC AND _ Q 952-001-0090. YOU MAY OBTAIN COPIES OF THE RULES BY CALLING THE CENTER. NOTE: PUBLIC FACILITIES. CENTER. (NOTE: TRAFFIC CONTROL SHALL BE PROVIDED FOR BY THE CONTRACTOR IN ACCORDANCE WITH THE Lv THE TELEPHONE NUMBER OF THE ADMINISTRATION OFFICE FOR THE OREGON UTILITY CRY'S STANDARD SPECIFICATIONS AND, ALSO, IN ACCORDANCE WITH A CITY(JOB SPECIFIC) 3. PEDESTRIAN RAMP CONSTRUCTION SHALL BE PHASED TO PROVIDE AN ACCESSIBLE Li_ NOTIFICATION CENTER IS 503-232-1987). APPROVED TRAFFIC CONTROL PLAN. A COPY OF THE APPROVED TRAFFIC PEDESTRIAN ROUTE ON ALL ROADS AT ALL TIMES. DETOURS AND/OR TEMPORARY RAMPS 0 NI EA 15. THE CONTRACTOR SHALL EXERCISE ALL DUE CARE IN PROTECTING PROPERTY ALONG THE 8. TRAFFIC CONTROL/DETOUR PLANS SHALL BE PREPARED BY THE CONTRACTOR.THE INITIAL SHALL BE PROVIDED FOR ALL CLOSURES AND SHALL CLEARLY IDENTIFY TEMPORARY ROUTES. 0 ROUTE OF THE IMPROVEMENTS.THIS PROTECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, TRAFFIC CONTROL PLAN MUST BE APPROVED BY THE CITY PRIOR TO THE 4. PEDESTRIAN RAMP CONSTRUCTION SHALL BE PHASED TO PROVIDE CONTINUOUS ACCESS TO Ckf TREES, YARDS, FENCES, DRAINAGE LINES, MAIL BOXES, DRIVEWAYS, SHRUBS, LAWNS, PRE-CONSTRUCTION CONFERENCE. THIS PLAN DOES NOT RELIEVE THE CONTRACTOR FROM PROPERTIES AT ALL TIME. N CL IRRIGATION SYS ILMS, WITHIN ANY RIGHTS-OF-WAYS AND EASEMENTS. IF ANY OF THE ABOVE SUBMITTING DETAILED TRAFFIC CONTROL PLANS AS REQUIRED DURING CONSTRUCTION.THE 5. SW WINTER LAKE DRIVE IS SCHEDULED TO RECEIVE SLURRY SEAL MAINTENANCE IN THE HAVE BEEN DISTURBED, THEY SHALL BE RESTORED AS NECESSARY TO AS NEAR THEIR TRAFFIC CONTROL PLANS SHALL FOLLOW THE PHASING REQUIREMENTS OUTLINED FOR EACH SUMMER OF 2022. CONTRACTOR SHALL COORDINATE RAMP IMPROVEMENTS WITH OTHER C ORIGINAL CONDITION AS POSSIBLE OR REPLACED IN KIND. PROJECT SEGMENT. TRAFFIC CONTROL PLANS INTENDED TO MANAGE TRAFFIC DURING CONTRACTORS. DURING SLURRY OPERATIONS, SW WINTER LAKE DRIVE WILL BE CLOSED FOR 16. THE CONTRACTOR SHALL PERFORM ALL THE WORK SHOWN ON THE DRAWINGS AND ALL SUBCONTRACTOR'S WORK ITEMS SHALL BE ACKNOWLEDGED AND SIGNED BY THE APPROXIMATELY 1 OR 2 DAYS AND NO RAMP WORK WILL BE POSSIBLE. INCIDENTAL WORK CONSIDERED NECESSARY TO COMPLETE THE PROJECT IN AN ACCEPTABLE SUBCONTRACTOR. MANNER. 9. THE CONTRACTOR SHALL PROVIDE TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC IN 17. ALL MATERIAL SUPPLIERS SHALL SUBMIT TO THE ENGINEER PROOF OF MATERIAL(S)TESTED ACCORDANCE WITH THE MUTCD, CITY STANDARD DRAWINGS, ODOT STANDARD SPECIFICATIONS, C A IN ACCORDANCE WITH SPECIFICATIONS. BY ACCEPTANCE OF THE CONTRACT WITH THE AND CONTRACT SPECIAL PROVISIONS. OWNER/DEVELOPER, THE CONTRACTOR CERTIFIES THAT ALL MATERIALS DELIVERED TO THE 10. USE TEMPORARY PAVEMENT MARKERS, BARRIERS, BARRICADES, AND SIGNS AS REQUIRED TO II JOB SITE WILL MEET OR EXCEED THOSE SPECIFICATIONS. ANY MATERIAL NOT CONFORMING SAFELY DETOUR PEDESTRIAN AND VEHICULAR TRAFFIC AROUND CONSTRUCTION. LABEL TYPE SHALL BE REMOVED FROM THE SITE AT NO ADDITIONAL COST TO THE OWNER. AND LOCATION FOR ALL ITEMS ON TRAFFIC CONTROL PLANS.TEMPORARY PEDESTRIAN RAMPS NEP U 18. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VISIT THE SITE AND POTHOLE AS NEEDED TO IN COMPLIANCE WITH ADA REQUIREMENTS SHALL BE CONSTRUCTED TO MAINTAIN PEDESTRIAN VERIFY ALL EXISTING CONDITIONS BEFORE THE START OF WORK. THE CONTRACTOR SHALL TRAVEL AS NEEDED. [- TAKE ALL NECESSARY FIELD MEASUREMENTS AND OTHERWISE VERIFY ALL DIMENSIONS AND 11. APPROPRIATE METHODS OF PEDESTRIAN AND VEHICULAR TRAFFIC CONTROL INCLUDING - EXISTING CONSTRUCTION CONDITIONS INDICATED AND/OR SHOWN ON THE PLANS. SHOULD FLAGGERS, SHALL BE EMPLOYED BY THE CONTRACTOR TO THE EXTENT DEEMED NECESSARY DRAWING NO: ANY ERROR OR INCONSISTENCY EXIST, THE CONTRACTOR SHALL NOT PROCEED WITH THE BY THE TRAFFIC CONTROL SUPERVISOR AND AS APPROVED BY THE CITY AND THE ENGINEER WORK AFFECTED UNTIL REPORTED TO THE PROJECT ENGINEER FOR CLARIFICATION OR TO PROTECT WORKERS OR THIRD PARTIES AND SAFELY ACCOMMODATE TRAFFIC THROUGH THE CORRECTION. WORK ZONE. C2 19. THE CONTRACTOR SHALL MAKE PROVISIONS TO KEEP ALL EXISTING UTILITIES IN SERVICE AND 12. THE CONTRACTOR SHALL COORDINATE ACCESS TO DRIVEWAYS WITH PROPERTY OWNERS. PROTECT THEM DURING CONSTRUCTION. CONTRACTOR SHALL IMMEDIATELY REPAIR OR ACCESS TO ROADWAY APPROACHES WITHIN THE PROJECT LIMITS SHALL BE MAINTAINED AT 2 OF 26 :1IP:CEEyyy�)�'''ryryry � 7• 51^ �� &T / /\ .. I ' ON �J`1"..2 20`,�V? Oit � MARTINS 11-11 1f __ 4 NTS [EXPIRES:06L30L2022 1 �� i 4111 W-11 �A _ .„ W ,'-' _i� ,,,_,♦,•, vlJ- \ Ym 1I — SUMMERLAKE CITY PARK 0 �. 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Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 60 Minutes Agenda Title: Legislative Public Hearing on Housing Compliance Text and Map Amendments Authored By: Schuyler Warren Presented By: Senior Planner Schuyler Warren Item Type: Motion Requested Ordinance Public Hearing-Legislative Update,Discussion,Direct Staff Public Hearing Yes Legal Ad Required?: Publication Date: 04/14/2022 Information EXPLANATION OF ISSUE The City of Tigard proposes legislative text and map amendments to the Tigard Community Development Code (TCDC)and the Tigard Zoning Map.The text and map amendments include the following: 1.Amendments to standards and procedures to bring the City into compliance with House Bill 2001 (2019) and OAR 660 Division 46 (2020); 2.Amendments to standards and procedures to bring the City into compliance with Senate Bill 458 (2021); 3. Minor changes to middle housing standards to make the code more efficient,clarify ambiguities,and remove unneeded standards in middle housing chapters; 4. Re-establish the distinction between accessory dwelling units and other additional dwelling units on a lot; 5. General housekeeping to increase consistency and remove redundancies; 6. Miscellaneous code fixes identified by staff;and 7. Consolidating the number of residential zones from 8 to 5. ACTION REQUESTED The Planning Commission recommends City Council adopt the text and map amendments and the findings included as attachments to the Ordinance.The Community Development team recommends adopting the text and map amendments and the findings,as well as an additional text amendment not included in the Planning Commission draft.This additional amendment was requested by the Housing Authority of Washington County and allows nonconforming affordable housing developments to reconstruct in the event of accidental destruction,and is often a requirement of the lenders supporting those projects. BACKGROUND INFORMATION The Housing Compliance project builds on the City's recent housing policy work,including the 2018 Phase II Housing Options project and the 2021 Tigard Housing Needs Analysis.The main intent of this project is to bring the City's existing code into compliance with the provisions of House Bill 2001 (2019),the associated Oregon Administrative Rules Chapter 660 Division 46 (2020),and Senate Bill 458(2021). House Bill 2001,passed a little more than six months after Tigard adopted its middle housing reform,provided a broad requirement that cities over a certain size across the state legalize middle housing.At the time of its passage,the City was largely in compliance with the provisions of the bill.Two small changes were made in a subsequent code project in 2019 that were intended to bring the City into full compliance.However,the bill also mandated rulemaking and the creation of a Model Code that would be applied to middle housing approvals in jurisdictions that could not or would not adopt local regulations that met state requirements.The administrative rules and model code were adopted in late 2020 and contain some differences from what Tigard adopted in 2018. The rules as published included an option for alternative compliance.The City met with the Department of Land Conservation and Development over the course of four months to determine if demonstrating alternative compliance was possible,given the City's early and good-faith efforts to implement middle housing reform before HB2001 was adopted.In April of 2021,DLCD completed a review of the City's middle housing code,and informed the City that alternative compliance would not be possible. The Community Development department subsequently moved forward with scoping a project to bring the City into compliance with the bill by the deadline of June 30,2022.During the early stages of this work,the legislature passed Senate Bill 458,which requires that the City allow middle housing land divisions on an expedited basis.Tigard must comply with this requirement by the same deadline. Bringing the City's code into full compliance with the administrative rules also presented an opportunity to revisit and improve the code based on the experience of implementing its provisions over the past three-and-a-half years.Process improvements and small tweaks to standards were included in the project to ensure that Tigard remains a leader in middle housing development and housing opportunity in general. The implementation of the state administrative rules means that middle housing must now be allowed on lots that are the same size or smaller than the lots for single detached houses.As a result,the distinctions between many of these zones have become moot. One example of this is the standards for rowhouses (townhouses under the state's nomenclature),which require that rowhouses be allowed on lots no larger than 1,500 square feet across all zones.This,and other requirements,have blurred the distinctions between zones. Given the need to simplify standards and remove redundant or repetitive provisions in the code,the Community Development team proposes to consolidate existing zones,reducing the total number of residential zones from 8 to 5. Summary of Code Changes This section provides a finer level of detail of the changes proposed for each chapter of the revised development code.Some types of changes are common throughout the code.These types of changes unify and standardize the entire development code through consistent phrasing,terminology,and formatting. These changes include: •The phrase"single detached houses"has been replaced with"small form residential." •The small form residential type integrates single detached houses,as well as duplexes and triplexes,which are required to be allowed by right in all zones that allow a single detached house. •The accessory dwelling unit type,which in the current code includes the duplex and triplex housing types,has been reverted to solely applying to a detached accessory dwelling unit.Further,the attached accessory dwelling unit type has been integrated into the small form residential housing type. •Housing types that have more complicated development standards are provided with the state-mandated clear and objective approval process without land use,as well as an alternative process that allows greater design flexibility. •The new Type II-Modified procedure for Sublot Plats requires updating references to Land Use Procedures throughout the Community Development Code as well as a few references in the Tigard Municipal Code. •As part of the zone consolidation,residential zones have been renamed to remove numbers from their designation.These numbers often caused confusion as they were assumed to relate to density.This disjunction was made more confusing by the addition of middle housing,where each housing type allowed in residential zones has a different net density,none of which corresponds to the numerical designation of the zone. Two new chapters have also been proposed:Chapter 18.805 Lot Standards and Chapter 18.840 Sublot Plats. Chapter-specific changes are discussed below.If a chapter does not include significant changes it is included in the omnibus changes section. Chapter 18.20 Administration and Enforcement This chapter is updated to provide clarity on the procedures used for plan review of development and use proposals that do not require land use. Chapter 18.110 Residential Zones This chapter is updated to provide new use and housing type tables for the zone mergers.The density standard is removed because it is duplicated elsewhere in the code. Chapter 18.220 Accessory Dwelling Units This chapter is updated to implement the changes listed in the summary above and remove the Type I approval process for ADUs, instead allowing them by right when the applicable standards are met. Chapter 18.240 Cottage Clusters This chapter is updated to incorporate the requirements of state law and administrative rules related to siting and design standards. In addition,some small changes are included that improve or clarify the meaning of standards.The required clear and objective standards are included,as well as an alternative compliance pathway that requires land use. Chapter 18.250 Courtyard Units While not subject to the requirements of state law and administrative rules related to HB2001,this chapter was updated to provide design standards and approval processes consistent with the similar cottage cluster housing type.In addition,some small changes are included that improve or clarify the meaning of standards. Chapter 18.270 Quads This chapter was updated to comply with state administrative rules,removing disallowed standards and the requirement for land use approval.In addition,some small changes are included that improve or clarify the meaning of standards. Chapter 18.280 Rowhouses This chapter was updated to comply with state administrative rules,removing disallowed standards and the requirement for land use approval.In addition,some small changes are included that improve or clarify the meaning of standards. Chapter 18.290 Small Form Residential This chapter is updated to implement the changes listed in the summary above and incorporate approval processes and standards for single detached houses,duplexes,triplexes,and attached accessory dwelling units into one chapter. Chapter 18.710 Land Use Procedures This chapter was updated to include a new Type II-Modified procedure for Sublot Plats. Chapter 18.805 Lot Standards This is a new chapter but consolidates development standards and provisions from other parts of the code,including Residential Standards and Land Divisions. Chapter 18.780 Site Development Review This chapter was updated to make the language and approval process consistent with the new alternative standards for some middle housing and to further clarify the meaning of the language. Chapter 18.810 Lot Line Adjustments and Consolidations Chapter 18.820 Land Partitions Chapter 18.830 Subdivisions These chapters were updated to make language and standards more consistent where applicable and to move some standards to the new Lot Standards chapter,18.840. ALTERNATIVES&RECOMMENDATION The Council could opt for one of two alternatives: •Adopt the amendments with additional text or map changes. •Decline to adopt the amendments and instead allow the Oregon Middle Housing Model Code to take effect on July 1,2022, for all areas where the City is not in compliance.This alternative is not recommended. ADDITIONAL RESOURCES Oregon Administrative Rules Chapter 660 Division 46 Middle Housing in Medium and Large Cities https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=5988 Department of Land Conservation and Development House Bill 2001 Information https://www.oregon.gov/lcd/UP/Pages/Housing-Choices.aspx Attachments Ordinance Exhibit A-Recommendation and Findings Exhibit B-Strikethrough with Comments and Clean Copy Zoning Map Amendments Planning Commission draft Minutes Presentation CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 22- AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE (TITLE 18)AND THE ZONING MAP OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE HOUSING COMPLIANCE UPDATES (DCA2022-00001 AND ZON2022-00001). WHEREAS, the City has initiated an application to amend the text of the Community Development Code (Title 18); and WHEREAS, in 2018, the City adopted Ordinance 18-23 amending the Community Development Code for the purpose of adopting the Phase II Housing Options to allow a wider variety of housing options,including middle housing, and to streamline housing development; and WHEREAS, in its 2019 regular session, the Oregon Legislative Assembly passed House Bill 2001, requiring cities of more than 10,000 people to allow middle housing by June 30, 2022; and WHEREAS, on July 31, 2020, the Land Conservation and Development Commission adopted amendments to Oregon Administrative Rules Chapter 660 to add Division 46, creating prescriptive requirements for cities in order to comply with House Bill 2001; and WHEREAS, the City Council generally desires to improve the function, efficiency, and clarity of the Community Development Code to make housing production easier and more cost-effective; and WHEREAS, on May 25, 2021, the Tigard City Council adopted Ordinance 21-11, amending and updating the City's Housing Needs Analysis and Chapter 10 Housing of the Tigard Comprehensive Plan; and WHEREAS, Goal 10.1 of the Tigard Comprehensive Plan is to provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents; and WHEREAS, the 2021 Tigard Housing Needs Analysis demonstrates a significant and ongoing need for housing, particularly smaller and more affordable housing, based on the results of the 2018 Metro Housing Needs Analysis; and WHEREAS, the Oregon Housing and Community Services department published a pilot Regional Housing Needs Analysis in 2021 that found that the amount of needed housing in the region is significantly undercounted because the existing underproduction of housing and lack of housing units for unhoused residents are not fully accounted for; and WHEREAS, the purpose of the amendments is implement policy changes to comply with state law and administrative rules, to improve the code and encourage the development of more housing options for Tigard's residents; and to address minor deficiencies and conflicts in the code; and ORDINANCE No. 22- Page 1 WHEREAS, notice was provided to the Department of Land Conservation and Development and Metro at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in accordance with the Tigard Community Development Code; and WHEREAS, the Tigard Planning Commission held a public hearing on May 2, 2022 and recommended by unanimous vote that Council approve the proposed amendments; and WHEREAS, the Tigard City Council held a public hearing on June 7, 2022 to consider the proposed amendments; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has determined that the proposed amendments are consistent with the applicable review criteria as demonstrated in the City's findings. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council adopts the findings contained in "Exhibit A" to this Ordinance. The findings and conclusions that are attached as Exhibit A are hereby adopted as the basis in support of this Ordinance. SECTION 2: The Tigard Community Development Code (Title 18) is amended as shown in "Exhibit B". SECTION 3: The Tigard Zoning Map is amended as shown in"Exhibit C". 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 , 2022. Carol A. Krager, City Recorder APPROVED: By Tigard City Council this day of , 2022. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 22- Page 2 RECOMMENDATION AND FINDINGS I1 OF THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: HOUSING COMPLIANCE PROJECT CASE NO.: Development Code Amendment (DCA) DCA2022-00001 ZON2022-00001 PROPOSAL: The City of Tigard proposes legislative text and map amendments to the Tigard Community Development Code (TCDC) and the Tigard Zoning Map. The text and map amendments include the following: 1. Amendments to standards and procedures to bring the City into compliance with Houe Bill 2001 (2019) and OAR 660 Division 46 (2020); 2. Amendments to standards and procedures to bring the City into compliance with Senate Bill 458 (2021); 3. Minor changes to middle housing standards to make the code more efficient, clarify ambiguities,and remove unneeded standards in middle housing chapters; 4. Re-establish the distinction between accessory dwelling units and other additional dwelling units on a lot; 5. General housekeeping to increase consistency and remove redundancies; 6. Miscellaneous code fixes identified by staff; and 7. Consolidating the number of residential zones from 8 to 5. The proposed text and map amendments for the Planning Commission's review are included in Attachments 1 and 2, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing); METRO's Urban Growth Management Functional Plan Titles 1, 6, 7, and 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.24, 10.1.1, 10.1.2, 10.1.3, 10.1.6, 10.1.8, 10.1.10, 10.1.11, and 10.2.9; and Tigard Development Code Chapters 18.710 and 18.790. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 1 OF 12 SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends the City Council adopt the proposed amendments with any alterations as determined through the public hearing process. SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY The Housing Compliance project builds on the City's recent housing policy work,including the 2018 Phase II Housing Options project and the 2021 Tigard Housing Needs Analysis.The main intent of this project is to bring the City's existing code into compliance with the provisions of House Bill 2001 (2019),the associated Oregon Administrative Rules Chapter 660 Division 46 (2020),and Senate Bill 458 (2021). House Bill 2001,passed a little more than six months after Tigard adopted its middle housing reform,provided a broad requirement that cities over a certain size across the state must legalize middle housing.At the time of its passage, the City was largely in compliance with the provisions of the bill.Two small changes were made in a subsequent code project in 2019 that were intended to bring the City into full compliance. However,the bill also mandated rulemaking and the creation of a Model Code that would be applied to middle housing approvals in jurisdictions that could not or would not adopt their own local regulations that met state requirements. The administrative rules and model code were adopted in late 2020 and contain some differences from what Tigard adopted in 2018. The rules as published included an option for alternative compliance with the rules.The City met with the Department of Land Conservation and Development over the course of the following four months to determine if demonstrating alternative compliance was possible,given the City's early and good-faith efforts to implement middle housing reform before HB2001 was adopted. In April of 2021,DLCD completed a review of the City's middle housing code,and informed the City that alternative compliance would not be possible. The Community Development department subsequently moved forward with scoping a project to bring the City into compliance with the bill by the deadline of June 30,2022. During the early stages of this work, the legislature passed Senate Bill 458,which requires that the City allow middle housing land divisions on an expedited basis. Tigard must comply with this requirement by the same deadline. Bringing the City's code into full compliance with the administrative rules also presented an opportunity to revisit and improve the code based on the experience of implementing its provisions over the past three-and-a- half years. Process improvements and small tweaks to standards were included in the project to ensure that Tigard remains a leader in middle housing development and housing opportunity in general. The implementation of the state administrative rules means that middle housing must now be allowed on lots that are the same size or smaller than the lots for single detached houses. As a result,the distinctions between many of these zones have become trivial or moot. One example of this is the standards for rowhouses (townhouses under the state's nomenclature),which require that rowhouses be allowed on lots no larger than 1,500 square feet across all zones. This, and other requirements,have blurred the distinctions between zones. Given the need to simplify standards and remove redundant or repetitive provisions in the code,the Community Development team proposes to consolidate existing zones,reducing the total number of residential zones from 8 to 5. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 2 OF 12 Summary of Code Changes This section provides a finer level of detail of the changes proposed for each chapter of the revised development code. Some types of changes are common throughout the code. These types of changes unify and standardize the entire development code through using consistent phrasing, terminology, and formatting. These changes include: • The phrase "single detached houses" has been replaced with"small form residential." • The small form residential type integrates single detached houses, as well as duplexes and triplexes, which are required to be allowed by right in all zones that allow a single detached house. • The accessory dwelling unit type,which in the current code includes the duplex and triplex housing types,has been reverted to solely applying to a detached accessory dwelling unit. Further,the attached accessory dwelling unit type has been integrated into the small form residential housing type. • Housing types that have more complicated development standards are provided with the state- mandated clear and objective approval process without land use, as well as an alternative process that allows greater design flexibility. • The new Type II-Modified procedure for Sublot Plats requires updating references to Land Use Procedures throughout the Community Development Code as well as a few references in the Tigard Municipal Code. • As part of the zone consolidation,residential zones have been renamed to remove numbers from their designation.These numbers often caused confusion as they were assumed to relate to density. This disjunction was made more confusing by the addition of middle housing,where each housing type allowed in residential zones has a different net density,none of which corresponds to the numerical designation of the zone. Two new chapters have also been proposed: Chapter 18.805 Lot Standards and Chapter 18.840 Sublot Plats. Chapter-specific changes are discussed below. If a chapter does not include significant changes it is included in the omnibus changes section. Chapter 18.20 Administration and Enforcement This chapter is updated to provide clarity on the procedures used for plan review of development and use proposals that do not require land use. Chapter 18.110 Residential Zones This chapter is updated to provide new use and housing type tables for the zone mergers. The density standard is removed because it is duplicated elsewhere in the code. Chapter 18.220 Accessory Dwelling Units This chapter is updated to implement the changes listed in the summary above and remove the Type I approval process for ADUs,instead allowing them by right when the applicable standards are met. Chapter 18.240 Cottage Clusters HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 3 OF 12 This chapter is updated to incorporate the requirements of state law and administrative rules related to siting and design standards. In addition, some small changes are included that improve or clarify the meaning of standards. The required clear and objective standards are included,as well as an alternative compliance pathway that requires land use. Chapter 18.250 Courtyard Units While not subject to the requirements of state law and administrative rules related to HB2001,this chapter was updated to provide design standards and approval processes consistent with the similar cottage cluster housing type. In addition, some small changes are included that improve or clarify the meaning of standards. Chapter 18.270 Quads This chapter was updated to comply with state administrative rules,removing disallowed standards and the requirement for land use approval. In addition, some small changes are included that improve or clarify the meaning of standards. Chapter 18.280 Rowhouses This chapter was updated to comply with state administrative rules,removing disallowed standards and the requirement for land use approval. In addition, some small changes are included that improve or clarify the meaning of standards. Chapter 18.290 Small Form Residential This chapter is updated to implement the changes listed in the summary above and incorporate approval processes and standards for single detached houses,duplexes,triplexes,and attached accessory dwelling units into one chapter. Chapter 18.710 Land Use Procedures This chapter was updated to include a new Type II-Modified procedure for Sublot Plats. Chapter 18.805 Lot Standards This is a new chapter but consolidates development standards and provisions from other parts of the code, including Residential Standards and Land Divisions. Chapter 18.780 Site Development Review This chapter was updated to make the language and approval process consistent with the new alternative standards for some middle housing and to further clarify the meaning of the language. Chapter 18.810 Lot Line Adjustments and Consolidations Chapter 18.820 Land Partitions Chapter 18.830 Subdivisions HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 4 OF 12 These chapters were updated to make language and standards more consistent where applicable and to move some standards to the new Lot Standards chapter, 18.840. 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: The City conducted a comprehensive public engagement process with the 2018 Phase II Housing Options project.This project brings those changes into compliance with state law. Notice was sent to affected government agencies by email on March 18,2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on April 15, 2022. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment, and the intent of these amendments are to meet the requirement of state law, administrative rules,and the Statewide Planning Goals. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The City adopted an updated Housing Needs Analysis in May of 2021.This analysis found that the City will need to accommodate more than 7,400 new households over the coming 20 years. The City currently only has the capacity for 4,200 units in existing areas and will need an additional 3,200 units of HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 5 OF 12 housing to meet this need. Notably,the estimates of need are based on regional projections that do not account for existing underproduction levels and the needs of the unhoused. A pilot regional housing needs analysis conducted by Oregon Housing and Community Services shows a need of nearly 12,000 units in Tigard over that same time horizon. The proposed code changes do not decrease housing supply or capacity.They further Tigard's work to support more housing diversity and allow increased housing capacity in exchange for development of much-neeeded smaller housing units.The clarification of standards and the new allowances for by-right development of Small Form Residential (single detached houses,duplexes,triplexes, and attached accessory dwelling units), Rowhouses, Quads, and Detached Accessory Dwelling Units will result in an easier development pathway for these housing types. These middle housing types allow for a more efficient use of land,particularly land that would otherwise be marginally developable. Because of the more flexible development standards provided for middle housing, larger lots that may be constrained by sensitive lands or topography can include housing in the developable portions of the lot while protecting natural resources.Lots with these types of constraints may not be developable for small form residential due to lot size and frontage requirements. The City may only apply clear and objective standards to housing under Goal 10.These code changes include further clarification of standards to ensure that they are as clear and objective as practicable.This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, the Planning Commission finds the proposed amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan,only applicable Titles are addressed below. Title 1—Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by further increasing the housing capacity in Tigard. Middle housing types included in the proposed code changes provide for incremental capacity growth that is compatible with existing neighborhoods. Each of the standards provided in 3.07.120 Housing Capacity sets minimum zoned capacity, which is not affected by the proposed changes. In addition, the final standard states that a"city or county shall authorize the establishment of at least one accessory dwelling unit for each detached single-family dwelling unit in each zone that authorizes detached single-family dwellings."The city's development code exceeds this standard by allowing up to two accessory dwelling units on each small form residential lot.This title is satisfied. Title 6—Centers, Corridors, Station Communities and Main Streets The Regional Framework Plan identifies Centers, Corridors, Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Title 6 calls for actions and investments by cities and counties, complemented by regional investments, to enhance this role. A regional investment is an investment in a new high-capacity transit line or HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 6 OF 12 designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. FINDING: The proposed code changes have little effect on the City's adopted Town Centers — the Downtown Plan District and the Tigard Triangle Plan District— because each of these districts already provide for increased housing capacity through allowances for mixed-use and incremental development, as well as increased height allowances.The City's regional center—the Washington Square Plan District—already includes allowances for most housing types. Section 3.07.640(c) of Title 6 states: "Centers, Corridors, Station Communities and Main Streets need a mix of housings [sic] types to be vibrant and successful. The following mix of housing types is recommended for each: (1) The types of housing listed in the "needed housing" statute, ORS 197.303(1); (2)The types of housing identified in the City's or county's housing need analysis done pursuant to ORS 197.296 or statewide planning Goal 10 (Housing); and (3) Accessory dwellings pursuant to section 3.07.120 of this chapter." Unfortunately, many of the lands included in the MUR-1 and MUR-2 zones are constrained by sensitive lands.Because missing middle housing types can make more efficient use of constrained lands by building around sensitive lands without regard to creating lots sized for small form residential,they are an appropriate type for inclusion in these two zones. This title is satisfied. Title 7—Housing Choice The Regional Framework Plan calls for establishment of voluntary affordable housing production goals to be adopted by local governments and assistance from local governments on reports on progress towards increasing the supply of affordable housing. FINDING: Title 7 has been met by further increasing the capacity for housing choice in Tigard. Section 3.07.730 of Title 7 states that: "cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: (a) Include strategies to ensure a diverse range of housing types within their jurisdictional boundaries. (b) Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. (c) Include plan policies, actions, and implementation measures aimed at increasing opportunities for households of all income levels to live within their individual jurisdictions in affordable housing." Title 7 does not specify what is meant by "affordable housing". The City interprets the mandate to include not just regulated affordable housing,but naturally-occurring affordable housing and housing made affordable by a range of choices in size. The proposed code changes encourage greater housing diversity and choice in Tigard,leading to more affordable choices for families and individuals,and ensuring opportunities for affordable home ownership and rental for all income levels and household sizes.This title is satisfied. Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment.The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan.If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on March 18, 2022. No comments were received. CONCLUSION: Based on the findings above, the Planning Commission finds that the proposed HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 7 OF 12 amendments are consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan,only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2:The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: The City conducted a comprehensive public engagement process with the 2018 Phase II Housing Options project.The proposed amendments brings those changes into compliance with state law. Notice was sent to affected government agencies by email on March 18,2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on April 15, 2022. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also establish a clear policy direction for the approval of housing types. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2:The City's land use regulations,related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal, as required by Section 18.710.110 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 8 OF 12 Policy 2.1.4: The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. FINDING: The proposed amendments include provisions that allow for the efficient use of land. An incentive is provided to allow smaller housing units in exchange for greater unit capacity. These changes will allow the redevelopment of marginal properties that would not have produced increased capacity otherwise.. This policy is satisfied. 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 further the City's goal to provide design standards that ensure that the value, livability, and attractiveness of the City is preserved and increased. Standards for street-facing facades ensure that the pedestrian realm remains attractive and that housing does not present blank walls to the street. These design standards also meet the state requirement that they be clear and objective,which prevents subjective aesthetic criteria from being applied to residential development. The proposed standards ensure that the City's goals and the state requirements are simultaneously met. This policy is satisfied. Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. FINDING: The City has expressed a desire through its Comprehensive Plan policies to provide opportunities for greater housing variety, to meet the needs of its present and future residents at all stages of life. In addition, the City has expressed a desire to provide greater economic integration through housing variety. The proposed code changes further this policy directive by providing a streamlined process for development of new housing types that are limited in size. In addition, clear and objective standards ensure that those who wish to develop are provided with a fair, consistent, and predictable pathway to approval. These reduce the time and cost to develop,and can help to ensure that units are sold or rented at price points that meet the needs of young families, singles,and senior citizens. This policy is satisfied. Policy 10.1.2: The City's land use program shall be consistent with applicable state and federal laws. FINDING: House Bill 2001 (2019) and Senate Bill 458 (2021) require that the City amend its development code by June 30, 2022 to meet the provisions of Oregon Administrative Rules Chatpe 660 Division 46, and to allow middle housing land divisions. The proposed code amendments bring the City into compliance with these requirements. This policy is satisfied. Policy 10.1.3: The City shall support housing affordability, special-needs housing, ownership opportunities, and housing rehabilitation through programs administered by the state, Washington County, nonprofit agencies, and Metro. FINDING: The proposed code amendments support greater housing affordability and ownership opportunities by ensuring that adequate housing variety is allowed. Affordable housing, both regulated and non-regulated, requires flexibility in standards that make smaller housing unit production possible. First-time homeownership is dependent on the provision of smaller housing units that have a reduced up-front cost as well as lower maintenance and utility costs. This policy is satisfied. Policy 10.1.6: The City shall adopt and maintain land use regulations that provide opportunities to HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 9 OF 12 develop housing for persons with special needs. The scale, design, intensity, and operation of these housing types shall be compatible with other land uses and located in proximity to supporting community services and activities FINDING:The standards proposed for middle housing ensure compatibility with surrounding uses.In addition, middle housing is potentially an area of housing opportunity for those with special needs, with increased opportunity for small units, zero-step entries,group living, among other scenarios. This policy is satisfied. Policy 10.1.8: The City shall provide opportunity for a mix and range of housing types and sizes in all low-and medium-density residential areas,including single detached houses, accessory dwelling units, quads, cottage clusters, courtyard units, and rowhouses. FINDING: The proposed code amendments increase opportunities for all listed housing types in low- and medium-density areas by streamlining approval processes and improving the clarity of development standards. This policy is satisfied. Policy 10.1.10: The City shall enact policies that provide for equitable housing opportunity without discrimination or disparity based on tenure, familial status,or household composition of the occupants of any type of housing. FINDING: The proposed code amendments increase equitable housing opportunity through the means described above. In addition,the development code does not treat development differentially based on housing tenure,focusing instead on the form of buildings.Tigard has no familial requirements in relation to its definition of a household,nor limits on occupancy based on familial status. This policy is satisfied. Policy 10.1.11: The City shall encourage the development of mixed-income neighborhoods and ensure opportunity for economic mobility and intergenerational wealth through affordable homeownership programs. FINDING: The proposed code amendments increase equitable housing opportunities and encourage mixed- income neighborhoods by allowing a variety of housing sizes and types to co-exist in the same neighborhood. Increased housing opportunity provides for redeuced housing costs and economic mobility.The opportunity to purchase smaller housing units not previously available in the market will provide greater opportunity for intergenerational wealth.This policy is satisfied. Policy 10.2.9: The City shall require infill development to be designed to address compatibility with existing neighborhoods. FINDING: The proposed code amendments ensure compatibility of new housing types with existing neighborhoods through development standards that reduce their size, scale, and location on lots in relation to typical small form residential development. In addition, the standards include requirements for common open spaces and screening at property boundaries and around off-street parking areas.This policy is satisfied. CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed amendments are consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.790: Zoning Map and Text Amendments HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 10 OF 12 18.790.020 Legislative Amendments A.Approval process.A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in Section 18.710.110. This procedure requires public hearings by both the Planning Commission and City Council. Public hearings were conducted on May 2, 2022 and June 7,2022.This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING:Findings and conclusions are provided throughout Section IV above,for the applicable listed factors on which the recommendation by the Commission and the decision by the Council are based. This standard is satisfied. CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, the Planning Commission concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies,and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, TVF&R, METRO, ODOT, DLCD, DEQ, CWS, OR Dept. of Aviation, OR Historic Preservation Office, TTSD, NW Natural, OHA, PGE, Tigard Water District, Tualatin Hills Parks and Rec District, and Tri-Met were notified of the proposed code text amendments. The Department of Land Conservation and Development submitted written comments. Those comments and the City's responses are included in a separate attachment. SECTION VI. PUBLIC COMMENTS No public comments have been received to date. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 11 OF 12 Z _ - May 18,2022 PREPARED BY: Schuyler Warren DATE Senior Planner ‘alce May 18, 2022 APPROVED BY: Tom McGuire DATE Assistant Community Development Director May 18,2022 APPROVED BY: Yi-Kang Hu DATE Planning Commission President HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 12 OF 12 Housing Compliance Code Update Strikethrough with Commentary May 18, 2022 Commentary General Notes Text shown in strikcthrough is to be removed. Text shown in bold, italic, and underlined is to be added. Some revisions in the code are typical throughout all chapters. Because they are typical and pervasive, commentary for those changes is not presented each time they appear. Instead,these common changes are summarized below: • The phrase "single detached houses" has been replaced with "small form residential." • The new Type II-Modified procedure for Sublot Plats requires updating references to Land Use Procedures throughout the Community Development Code as well as a few references in the Tigard Municipal Code. • As part of the zone consolidation, residential zones have been renamed to remove numbers from their designation. These numbers often caused confusion as they were assumed to relate to density.This disjunction was made more confusing by the addition of middle housing, where each housing type allowed in residential zones has a different net density, none of which corresponds to the numerical designation of the zone. Chapter 18.20 ADMINISTRATION AND ENFORCEMENT 18.20.010 Compliance A. Compliance.Uses,developments,and construction, reconstruction,alteration,occupation, and use of structures must conform to the provisions of this title. Any officials,departments,or employees of the city vested with authority to grant approvals must adhere to and require compliance with this title;and may not grant approval for any development or use that violates or fails to comply with this title. Any approval issued or granted in conflict with the provisions of this title is void. B. Obligation by successor. The regulations of this title apply to the person undertaking the development or the use of the development and to the person's successor in interest. C. Most restrictive regulations apply. Where this title imposes greater restrictions than those imposed or required by other regulations,the most restrictive or that imposing the higher standard governs. When regulations in this title are in conflict,the most restrictive regulation governs unless stated otherwise. D. Required improvements. A lot area, setback,open space,or off-street parking or loading area required by this title for a development may not be used to meet the requirements for another development, except as specifically provided otherwise. 18.20.020 Uses and Dev%mentAllowed By Right A. Compliance. Proposals for uses or developments that are allowed by right under this title are subject to the procedures and regulations of this section. B. Applicability. 1. Applicability. Uses or development allowed by right are those that do not require a land use approval, as determined by the Director. This determination is not appealable locally and is the final decision of the city. 2. Prohibitions. a. Applications for uses or development that are prohibited by this title will not be accepted. b. The Director may refuse an application when a proposed structure has been clearly designed for a use or development different from that which is being proposed and could not reasonably be expected to meet the needs of the proposed use or development C. Method of review. Uses and development that are allowed by right are reviewed for compliance with the applicable standards in this title. This is a non-discretionary administrative review. Decisions are made by the Director. The Director's decision is not appealable locally and is the final decision of the city. D. Procedures. 1. Non-discretionary reviews are processed in conjunction with an application for a development permit.Applicants for non-discretionary review must submit information showing that the proposal complies with all applicable standards of this title. Commentary Chapter 18.20 Administration and Enforcement New language was added to provide greater clarity on the process of plan review for developments and uses that do not require land use approval. The language makes clear that the Director or designee alone determine whether a proposal requires land use approval. This language makes clear that plan review is a non-discretionary ministerial review of clear and objective standards and that any decision reached is not appealable. 2. Approvals of non-discretionary reviews are based on the information submitted.If the information is incorrect,the approval may be revoked or voided. 0 18.20.030 Land Use Applications and Development Permits A. Land use applications. An applicant who proposes a use or development that is governed by this title must obtain approval of all required land use applications prior to establishment or construction.New development, changes to existing development, and changes in the type or number of uses may require a land use approval. B. Development permits.An applicant who proposes a use or development governed by this title must-obtain approval of all required development permits prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a permit. C. Certificate of occupancy. A structure or use may not be used or occupied for the purposes provided in the development permit until the city has issued a certificate of occupancy.Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain. X0.030 18.20.040 Violations A. Violations. It is unlawful to violate any provisions of this title including but not limited to provisions relating to a land use approval or conditions of land use approval.Erection,construction, alteration,maintenance,or use of any building or structure in violation of this title; or use,division, or transfer of any land in violation of this title is prohibited.Each violation of a separate provision of this title constitutes a separate infraction,and each day that a violation of this title is committed or continued constitutes a separate infraction. B. Responsible party. The responsible party is the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee,tenant,or other person having possession; or 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist,or placed the object or allowed the object to exist on the property. C. Enforcement.In any case where a violation of this title occurs, such violation constitutes a nuisance and a Class I Civil Infraction as provided in Title 6 of the Tigard Municipal Code. The city may remedy the violation by any appropriate means necessary as allowed by the municipal code and available to the city. 48A48 18.20.050 Timeliness of Regulations A. Vesting. Land use applications are processed based on the regulations in effect on the date an application is submitted to the city as provided in ORS 227.178. If a land use application is approved,development rights are vested when the land use approval is utilized as described in Commentary Chapter 18.20 Administration and Enforcement Subsection 18.20.040.G. Vested development rights do not expire unless new land use approvals are obtained and utilized that supersede any preexisting vested rights. B. Modifications. Modifications to pending land use applications that have been deemed complete are processed based on the regulations in effect on the date the original application was submitted, unless the modification substantially changes the proposal so as to constitute a new application,as described in Chapter 18.710,Land Use Review Procedures. C. Use of new regulations or mapping.Land use applications will not be accepted for development proposals based on proposed amendments to regulations or the zoning map that have not been adopted or have been adopted but are not yet in effect. Pre-application conferences may be requested and held to discuss implications of proposed amendments. D. Pre-existing approvals.Land use applications for which approvals were granted prior to the effective date of the ordinances codified in this title may occur in compliance with such approvals. E. Conditions of approval. Conditions of land use approval remain valid even if the regulations requiring the conditions are subsequently modified. Conditions of approval may be amended or removed through the following actions: 1. Appeal of the original application; 2. Submittal of a new land use application that supersedes the original application; 3. Submittal of a new land use application that modifies the original application or condition of approval through the process provided by Chapter 18.765,Modifications; or 4. Submittal of a new land use application that modifies the original condition of approval through the process provided by Chapter 18.730, Director Determinations. The Director will approve a modification through this process when one or more of the following criteria are met: a. The condition of approval violates a mandatory federal or state law or regulation; or b. The condition of approval imposes an objective limitation that is no longer required by this title or is more restrictive than required by this title as a result of an amendment to this title. F. Transfer of approval rights.Approvals of ministerial and quasi-judicial land use applications run with the land and are transferred with ownership. Any conditions,time limits,or restrictions apply to all subsequent owners. G. Expiration of approvals. 1. Approvals granted pursuant to this chapter expire and are void unless utilized as described below within the applicable time periods. a. For an approval requiring any kind of development permit,the development must: i. Submit and pay for all applicable development permits, excluding trade permits,within 3 years of the effective date of a conditional use,planned development(detailed plan),planned development(consolidated plan),or site development review approval, or within two years of the effective date of all other approvals; and ii. Pass final inspection or obtain a permanent certificate of occupancy within 5 years of the effective date of a conditional use,planned development(detailed Commentary Chapter 18.20 Administration and Enforcement plan),planned development(consolidated plan),or site development review approval,or within 4 years of the effective date of all other approvals. b. For an approval not requiring any kind of development permit, such as a planned development(concept plan)or a preliminary sublot plat,the development must utilize its approval within 2 years of the effective date of the approval. 2. Approvals expire and are void as specified above unless one of the following applies: a. An extension application is submitted as provided by Chapter 18.745,Extensions. If the extension application is denied,the approval expires on the effective date of the extension decision. b. The expiration date for an approval is specified in another chapter of this title. 3. The following approvals are exempt from expiration: a. Adequate Public Facilities Exceptions, b. Annexations, c. Comprehensive Plan Amendments, d. Development Code Amendments, e. Director Determinations, f. Historic Resource Overlay Zone Designations, g. Nonconforming Use Determinations, h. Zoning Map Amendments,and i. Final Plats, including Final Sublot Plats. Commentary Chapter 18.20 Administration and Enforcement Added language to make clear that a preliminary sublot plat approval expires in two years if the final subplot plat is not submitted and approved. Chapter 18.110 RESIDENTIAL ZONES 18.110.010 Purpose The purpose of this chapter is to implement the policies of the comprehensive plan related to housing by: A. Creating an environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged; B. Providing residential zones of varying densities,with flexible design and development standards to encourage innovation and reduce housing costs; C. Accommodating compatible nonresidential development—including,but not limited to, schools,churches,parks,recreation facilities,day care centers,and neighborhood commercial uses and services—at appropriate locations and scales; and D. Enhancing the livability of neighborhoods by encouraging diversity in housing stock and promoting opportunities for walkability. 18.110.020 List of Base Zones The names and map symbols of the residential base zones are listed in Table 18.110.1. When this title refers to the residential zones,it is referring to the ve eight base zones listed here. Table 18.110.1 List of Base Zones RES-A RES-B RES-C RES-D RES-E Table 18.110.1 Medium-density Zones Zones R-1- R7 14-2-5 R110 R 2 R--1-2 - - R 3.5 - - - R '1.5 - - - Commentary Chapter 18.110 Residential Zones Table 18.110.1 is updated to use the new zone designations that result from the zone consolidation. 18.110.030 Land Use Standards A. General provisions.A list of allowed,restricted, conditional,and prohibited uses in residential zones is provided in Table 18.110.2. If a use category is not listed, see Section 18.60.030. 1. Allowed(A). Uses that are allowed, subject to all of the applicable provisions of this title. 2. Restricted(R). Uses that are allowed provided they are in compliance with special requirements,exceptions,or restrictions. 3. Conditional (C). Uses that require the approval of the Hearings Officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740, Conditional Use. 4. Prohibited(P). Uses that are not allowed under any circumstance. Table 18.110.2 Use Table Use Categories RES-A RES-B RES-C RES-D RES-E Residential Use Category Residential Use A A A A A Civic/Institutional Use Categories Basic Utilities 111 C C C C C Colleges C C C C C Community Services C C C C C Cultural Institutions P C C C P Day Care 121 A/C A/C A/C A/C A/C Emergency Services C C C PP Medical Centers P C C C C Postal Service P P P P P Religious Institutions C C C C C Schools 131 C C C C C Social/Fraternal Clubs/Lodges P PP C C Temporary Shelter P P P C C Commercial Use Categories Adult Entertainment P P P P P Animal Related Commercial P P P PP Bulk Sales P P P P P Commercial Lodging PP P P P Custom Arts and Crafts PP P P P Commentary Chapter 18.110 Residential Zones Table 18.110.2 is updated to use the new zone designations that result from the zone consolidation. No policy changes to the uses allowed have been made with this update. Eating and Drinking P P P P P Establishments — — — — — Indoor Entertainment P P P P P Major Event Entertainment 141 C C C C C Motor Vehicle Sales/Rental P P P P P Motor Vehicle Servicing/Repair P P P P P Non Accessory Parking P P P C151 C151 Office P P P P P Outdoor Entertainment P P P P P Outdoor Sales P P P P P Personal Services P P P P RIO Repair-Oriented Retail P P P P R161 Sales-Oriented Retail P P P P R161 Self-Service Storage P P P P P Vehicle Fuel Sales P P P P P Industrial Use Categories jillilik General Industrial P P P P P Heavy Industrial P P P P P Industrial Services P P P P P Light Industrial P P P P P Railroad Yards P P P P P Research and Development P P P P P Warehouse/Freight Movement P P P P P Waste Related P P P P P Wholesale and Equipment Rental P P P P P Other Use Categories Agriculture/Horticulture A171 A171 A171 P P Cemeteries P C C P P Detention Facilities P P P P P Heliports P P P P P Mining P P P P P Transportation/Utility Corridors C C C C C Wireless Communication Facilities A/R A/R A/R A/R A/R Commentary Chapter 18.110 Residential Zones Table 18.110.2 7 le Use Categories 144 144 R 3.5 R 4.5 1 R-40 44 25 Residential Use A A A A A A A A Basic Utilities [I] CC C C G G C C Colleges C C C C C C C C Community Services C C C C C C C C Cultural Institutions P P C C C C P P Day Care [2} 4G A/C A/C A/C 4G AC A/C A/C Emergency Services C C C CCPP P Medical Centers P P C C C C C C Postal Service P P P P P P P P Religious Institutions C C C C C C C C Schools [3] C C C C C C C C Social/Fraternal Clubs/Lodges P P P P P C C C Temporary Shelter P P P P P C C C Adult Entertainment P P P P P P P P Animal Related Commercial P P P P P P P P Bulk Sales P P P P P P P P Commercial Lodging P P P P P P P P Custom Arts and Crafts P P P P P P P P Eating and Drinking Establishments P P P P P P P P Indoor Entertainment P P P P P P P P Major Event Entertainment [1] C C C C C C C C Motor Vehicle Sales/Rental P P P P P P P P Motor Vehicle Servicing/Repair P P P P P P P P Non Accessory Parking P P P P P C[5} C[5} C[5} Commentary Chapter 18.110 Residential Zones Table 18.110.2 7 R- -1 - Use Categories R4 R4 R 3.5 R 4.5 R4 R-40 Office P P P P P P P P Outdoor Entertainment P P P P P P P P Outdoor Sales P P P P P P P P Personal Services P P P P P P R[6} R[6} Repair Oriented Retail P P P P P P R[6} R[6} Sales Oriented Retail P P P P P P R[6} R[6-} Self Service Storage P P P P P P P P Vehicle Fuel Sales P P P P P P P P General Industrial P P P P P P P P Heavy Industrial P P P P P P P P Industrial Services P P P P P P P P Light Industrial P P P P P P P P Railroad Yards P P P P P P P P Research and Development P P P P P P P P Warehouse/Freight Movement P P P P P P P P Waste Related P P P P P P P P . - . . . •-- ' -• P P P P P P P P Other Use Categories - - - - - - - - Agriculture/Horticulture A[?} A 74 AE 4 AR A[7} P P P Cemeteries P P G C G P P P Detention Facilities P P P P P P P P Heliports P P P P P P P P Mining P P P P P P P P Transportation/Utility Corridors G G G G G G G G Wireless Communication Facilities [8} A/R A/R A/R AIR A/R A/R A/R A/R A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed.Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [2] Family day care is allowed.Other day care uses are allowed conditionally. Commentary Chapter 18.110 Residential Zones [3] School bus parking on public high school sites is allowed as an accessory use if located a minimum of 200 feet from the nearest property line of a residential use. [4] Allowed conditionally on public school sites. [5] Only park-and-ride and other transit-related facilities are allowed conditionally. [6] Limited to first story of apartment developments and maximum square footage of 10 percent of the building.Developments utilizing this provision are considered residential development,not mixed-use development,for the purposes of this title. [7] Where adjacent to a residential use,poultry or livestock must be housed a minimum of 100 feet from any dwelling unit, except a dwelling unit on the same lot. [8] See Chapter 18.450,Wireless Communication Facilities,for requirements. B. Development standards. The standards for residential development in residential zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in residential zones are located in Chapter 18.350, Residential Zone Development Standards, and the applicable plan district chapter,if any. 18.110.040 Housing Types A. A housing type is not a use category.It describes a type of development that can contain a Residential Use. B. A list of allowed,limited,and prohibited housing types in residential commercial zones is provided in Table 18.110.3. Terms and abbreviations used are defined as follows: 1. Yes,allowed(Y). Housing types that are allowed. 2. Limited(L). Housing types that require a conditional use approval or are allowed subject to specific limitations. 3. No,prohibited(N). Housing types that are not allowed under any circumstance. C. Housing types that are allowed or allowed on a limited basis are subject to the standards and provisions of the applicable development standards chapter,which is indicated in parentheses in the first column of Table 18.110.3. D. All allowed housing types may be built on site or brought to the site as a manufactured home. Tiny houses are prohibited in all zones. Table 18.110.3 Housing Types Housing Types RES-A RES-B RES-C RES-D RES-E Accessory Dwelling Units (18.220) Y Y Y Y N Apartments (18.230) N N N Y Y Cottage Clusters (18.240) Y Y Y Y N Courtyard Units(18.250) Y Y Y Y N Mobile Home Parks (18.260) N Lill Y Y Y Quads (18.270) Y Y Y Y N Rowhouses(18.280) L[21 L[21 L[21 Y Y Commentary Chapter 18.110 Residential Zones Table 18.110.3 is updated to use the new zone designations that result from the zone consolidation and to simplify its presentation. It also includes some policy changes that are required by state law. Quads must now be allowed in all zones where small form residential is allowed, so they are no longer limited to corner lots and high-designation streets in RES-A and RES-B. In addition, rowhouses must now be allowed in all zones, although they are limited to groupings of 5 units or less, meaning that only five units can be attached, although a rowhouse development may include more than 5 units. Small Form Residential(18.290) Y Y Y Y N Tabic41A-10 @s Housing-Types R4 R 2 .✓ 43 R-7 44 R-40 Accessory Dwelling Units (18.220) Y N N Cottage Clusters(18.210) Y Y N N Mobile Home Parks (18.260) N N L[1] L[1] Y Y Single Detached Houses(18.290) Y Y N N Accessory Dwelling Units (18.220) Y Y Y Y Y Y N N Apartments(18.230) NNNNN Y Y Y Courtyard Units(18.250) Quads (18.270) L[2] L[2] L[2] L[2] Y Y N N Rowhouses (18.280) N N N N L[3] Y Y N Y=Yes, Allowed L=Limited, see footnotes N=No, Prohibited [1] Allowed only through a conditional use application. {2] Quads allowed only on corner lots and on interior lots that front an arterial or collector street. [23] Rowhouses of up to 5 units per grouping allowed. 18,140450—Densities The maximum and minimum density standards for the housing types listed in Table 18.110.3 are provided in Section 18A0.130. Commentary Chapter 18.110 Residential Zones The density language here is no longer needed. Density is provided for through lot standards and development standards. Chapter 18.220 ACCESSORY DWELLING UNITS 18.220.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of detached accessory dwelling units on lots with small form residential development.Attached accessory dwelling units are considered small form residential development for the purposes of meeting the requirements of applicable state law and administrative rules. single detached houses to achieve the following: Detached accessory dwelling units have the following characteristics: A. They are of limited size and height; B. They are located in a manner that is subordinate to the primary residential use; C. They may be newly constructed or converted from existing dwelling spaces or accessory structures; D. They may share utilities with a primary dwelling unit where allowed by the applicable service provider, and E. The units require no additional off-street parking. A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; and D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change. 18.220.020 Applicability A. Applicability. The approval process and standards of this chapter apply to attached and detached accessory dwelling units and modifications to attached and detached accessory dwelling units wherever this housing type is allowed,.as provided in the use and housing type tables in Chapter 18.110,Residential Zones.Attached accessory dwelling units are considered small form residential development and are subject to the standards of Chapter 18.290, Small Form Residential. B. Prohibitions.Detached aAccessory dwelling units are allowed only on lots with small form residential development. They are prohibited as an accessory housing type to apartment, cottage cluster, courtyard unit,quad, and rowhouse development. C. Conflicting Standards. The standards and requirements in this chapter govern in the event of a conflict. 18.220.030 Compliance cess Applications for accessory dwelling units are processed through a Type I procedure, as provided in Section 18.710.050.Accessory dwelling units must comply with the clear and objective standards of Section 18.220.040 and all other applicable standards of this title. Commentary Chapter 18.220 Accessory Dwelling Units The purpose statement is updated to focus more on the characteristics of accessory dwelling unit development. This better explains the standards provided and helps with proposals for adjustments to standards. This chapter now applies only to detached accessory dwelling units, and a reference is provided to point to standards for attached accessory dwelling units in the small form residential chapter. Clarifying language. Changing accessory dwelling unit approval from a Type I land use process to development allowed by right. Many housing types are now required to be allowed through plan check only, including small form residential, and so it does not make sense to provide a higher level of review for detached ADUs. The approval authority will approve or approve with conditions an accessory dwelling unit application when all of the standards in Section 18.220.050 are met. 18.220.0400SO Standards A. Unit Count Number of dwelling units. 1. A maximum of 2 accessory dwelling units are allowed per single detached house. 2. A maximum of 1 detached accessory dwelling unit is allowed per lot. The total maximum number of dwelling units on a small form residential lot is 3, includinK the units in the small form residential development. tingle detached house. A second accessory dwelling unit must be attached to the primary dwelling unit. Detached accessory dwelling units are prohibited on lots with 3 small form residential dwelling units. B. Size. The maximum size of a detached accessory dwelling unit is 800 square feet. 2. The square footage of each attached accessory dwelling unit may not exceed the square footage of the primary dwelling unit. C. Height. The maximum height of a detached accessory dwelling unit is 25 feet. 2. A structure containing an attached accessory dwelling unit may not exceed the maximum height for a single detached house in the base zone. D. Setbacks. Detached aAccessory dwelling units must meet the setback standards for a single detached house small form residential development in the applicable base zone,with the following exceptions:that a detached accessory dwelling unit may be located within 5 feet of the rear property 1. Detached accessory dwelling units must be located no closer to a front property line than the primary dwelling, and 2. Detached accessory dwelling units may be located within 5 feet of the rear property line if the accessory dwelling unit is 15 feet or less in height. E. Lot coverage. Detached aAccessory dwelling units must meet the lot coverage standards for a single detached house small form residential development in the applicable base zone, as provided in Chapter 18.290, Small Form Residential. F. Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line. The entrance to a second attached accessory dwelling unit must be oriented to a side, street side, or rear lot line. Facades. Detached accessory dwelling units must meet the same standards for windows and street-facing facades that apply to small form residential development in the applicable base zone, as provided in Chapter 18.290, Small Form Residential. G. Home occupations. Type II Home Occupations are prohibited on a lot with two accessory dwelling units. Commentary Chapter 18.220 Accessory Dwelling Units This language is updated to make clear that a detached ADU is allowed only on a lot that has one or two units on it. If there are already three units in a small form residential development,then a detached ADU is prohibited. Only one detached ADU may be development per lot. Removing the standards for attached ADUS. Providing clarifying language and adding a requirement that detached ADUs must be placed behind the facade of the primary small form residential, meaning that detached ADUs cannot be built in a front yard. Removing the entrance standard and instead referring out to the standards for windows and street- facing facades that apply to small form residential.The lack of street-facing facade standards for ADUs caused some issues with units not meeting the intent of the standards for the primary unit. GM. Accessory : - ••• . • . - . structures additions and conversions.Detached aAccessory dwelling units may be added to or created from existing accessory structures such as detached garages. The maximum square footage requirements for the accessory dwelling unit apply to the entire structure, includinz any portion that remains in use as an accessory structure.; method provided in Section 18/10.130. Commentary Chapter 18.220 Accessory Dwelling Units The allowance for ADUs over existing detached garages caused many issues, both in its understandability and in its application. In cases, an applicant could build a garage, and then after final inspection add and ADU, which allowed for an oversized unit.This was not the intent of the code and so this provision has been removed. Chapter 18.230 APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings. Apartment dwelling units may share common side walls, ceilings,or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community.Apartment development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; C. Facilitate the efficient use of land through higher-density attached housing; and D. Support and complement transit services by providing ridership density and proximity. 18.230.020 Applicability A. The standards of this chapter apply to apartment development in the RES-D,RES-E,R 12,R 25,R '10,MUC,MUE,MUE-1,MUE-2,MUR-1,and MUR-2 zones. Additional standards apply in the River Terrace Plan District as provided in Chapter 18.640,River Terrace Plan District. An applicant may elect to apply the approval process and standards of this chapter or of Chapter 18.280, Rowhouses,when proposing rowhouse development. B. The standards of this chapter also apply to nonconforming apaitnient development in the RES- AR-1-through RES-CR-4 zones. In lieu of specific base zone standards,apartment development in these zones is subject to the RES-DR 12 zone standards. C. Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. D. This chapter does not apply to apartment development in the MU-CBD and TMU zones. Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660,Tigard Triangle Plan District, respectively. 18.230.030 Application Type Apartment development requires a site development review application. 18.230.040 Development Standards A. Base zone development standards are provided in Table 18.230.1. Table 18.230.1 Apartment Development Standards Commentary Chapter 18.230 Apartments Table 18.230.1 is updated to include the zone consolidation changes.Where a standard was only zero, it was changed to "none," which is intended to be more straightforward. MUE-2 RES-D RES-E MUC and Standard R 12 R 25 MUE R-40 and MUR-1 MUE-1 MUR-2 3,050 1,180 sq 1,180 Minimum Lot Size ,q ft ft-per sq ft 0 sq ft 0 sq ft 0-sq41 0 sq ft per unit unit per unit Minimum Setbacks -Front 20-ft20-ft20-ftt 10-ftNoe None 0 ft -Street side 20 20-4 20-ft t 10-4 5 None 0 ft -Side 10-4 10-ft [1] 10 10 ft 0 or 20 0 or 20-ft0 or 20-ft [2] [1] {1] €t [2] [2] 204t 24,4t 0 or 20 0 or 20-ft -Rear 204t 20-ft0 or 20 [2][1] [1] 44 €t [2] [2] Maximum Setbacks (ft) -Front None None None None 20-ft 20-ft 20-t -Street side None None None None 20-ft 20-ft 20 Minimum Height None None None None0-4 2 stories 2 stories Oft 0-ft Oft 0-4 Maximum Height (ft) 35 45 454t 60 ft 60-ft 754t 200-ft Maximum Lot Coverage 80% 80% 80% g.044, 80% 80% 85% Minimum Landscape 20% 20% 20% 20% 20% 15% Area Minimum Density 11 25 units 23 units units 50 units 50 units per None f per acre J per acre acre acre acre Maximum Density 14 25 50 units 30 units units units None None m, per acre j acre acre acre 80%of maximum 80%of 25 units 50 units 50 units per Minimum Density Nonc max. density per acre per acre acre density Calculated using the 25 units 10 units 50 units Maximum Density method provided None None in 18.10.110 per acre per acre per acre Commentary Chapter 18.230 Apartments The density standards provided here are converted from the minimum lot size standard that was previously provided.This makes the presentation of standards more clear and consistent. [1] Where the site abuts a RES-A through RES-D an R 1 through R 12 zone,an additional 1 foot of setback is required for each foot of building height above the maximum building height of the abutting zone. [2] Minimum side and rear setbacks are 0 feet,except the minimum side and rear setbacks are 20 feet where the site abuts a RES-A through RES-D an R 1 through R 12 zone. B. Landscaping and screening. All required landscaping,including landscaping used to meet screening or tree canopy standards,is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.230.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard and any required common open space area may count toward meeting the minimum landscape area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.230.040.G. b. Apartments that abut a RES-A through RES-D an R 1 through R 12 zone must be screened to the S-3 standard along all property lines, except street property lines. c. Surface vehicle parking areas, loading areas,and drive aisles within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Common open space. 1. Common open space is required. The minimum total area of required common open space is 10 percent of the gross site area or 750 square feet,whichever is greater.More than one common open space area may be provided to meet this standard,but any area used to meet this standard must be a minimum of 20 feet in width and depth. 2. Apartment developments with less than 20 dwelling units must provide at least 2 different items from the list below within areas identified as common open space. Apartment developments with 20 or more dwelling units must provide at least 4 different items from the list below within areas identified as common open space. a. Playground equipment or play area for children, b. Sport court, c. Playing field, d. Lawn or garden, e. Covered seating, f. Swimming pool or water feature, g. Plaza or courtyard with permanent seating, h. Gazebo, Commentary Chapter 18.230 Apartments i. Club house, j. Workout room,or k. Other similar item as determined by the director. 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen,living room,or dining room of a dwelling unit faces the outdoor common open space or a public street. 4. Building facades,including accessory structure facades,that face outdoor common open space must meet the 15 percent window area requirement in Subsection 18.230.050.B or be screened to the S-4 standard as provided in Table 18.420.2. 5. Common open space may not be located in the front setback or include sensitive lands. D. Private open space. 1. Private open space is required for each dwelling unit. Each private open space must be a minimum of 48 square feet in area and a minimum of 5 feet in width and depth. 2. Private open space must be directly accessible from the interior of the dwelling unit that it serves. 3. Additional common open space above the required minimum may substitute for some or all of the required private open space at a 1:1 ratio. E. Pedestrian access. 1. Paths must provide pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. Paths must provide pedestrian access between all common open space areas,vehicle and bicycle parking areas,building entrances, and service areas designed for use by residents. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide pedestrian access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. F. Vehicle and bicycle parking. 1. The applicable provisions and standards of Sections 18.410.010 through 18.410.060 apply to apartment developments. 2. The standards in Sections 18.410.070 through 18.410.090 do not apply to apartment developments. 3. The minimum and maximum number of off-street vehicle and bicycle parking spaces are provided in Table 18.230.2. Any fractional space requirement is rounded up to the next whole number. Commentary Chapter 18.230 Apartments Table 18.230.2 Off-Street Vehicle and Bicycle Parking Quantity Requirements Apartment Vehicle Maximum Size Vehicle Minimum Bicycle Minimum (Zones A and B) 500 sq ft or less 1 space per dwelling unit 1 bedroom 1 space per dwelling unit 1 space per 2 dwelling 2 bedroom 1.25 spaces per dwelling None units unit 3 bedroom 1.5 spaces per dwelling unit 4. Apartment developments with 10 or more required vehicle parking spaces must also provide additional vehicle parking for guests. The minimum amount of additional parking spaces is 15 percent of the minimum vehicle parking requirement as provided in Table 18.230.2. Guest vehicle parking must be clearly identified with pavement markings or signs. 5. Apartment developments with 20 or more dwelling units must also provide additional bicycle parking spaces for guests. The minimum amount of additional parking spaces is 15 percent of the minimum bicycle parking requirement as provided in Table 18.230.2. Guest bicycle parking must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right-of-way with approval of the City Engineer. 6. Apartment developments with 20 or more dwelling units must provide all required non- guest bicycle parking spaces inside a structure or under a roof. Required bicycle parking is exempt from the location standard of Subsection 18.410.050.A but may not be located inside individual dwelling units. 7. Surface parking,detached garages,and attached or detached carports may not be located closer to a street property line than the building closest to that street property line. 8. Parking areas may not occupy more than 50 percent of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. 9. Attached garages may be attached to any side of an apartment building. If attached to the street-facing facade,they may not be located closer to the street property line than the apartment building facade and the facade must include at least 1 entrance for each proposed garage that meets the standards of Subsection 18.230.050.A. Driveways associated with attached garages that take direct individual access from a public or private street must meet the rowhouse location and access standards in Paragraph 18.280.050.E.3 and Subparagraph 18.280.050.E.2.a. G. Utilities and service areas. 1. Private utility facilities,such as transformers or control valves,that serve a single development must be located below ground unless the functional properties of the facility require above-ground placement. If located above ground, all facilities 1 cubic foot or greater Commentary Chapter 18.230 Apartments in volume,or with any one dimension greater than 2 feet,must meet the following standards where not wall-or roof-mounted or located inside a building: a. The facility may not be located within 20 feet of any street property line; and b. The facility must be dark in color and painted or wrapped with a non-reflective material. 2. Service areas, such as waste and recycling containers,outdoor storage,and mechanical equipment,may not be located within 20 feet of any street property line,except where located inside a building. H. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths,except those within parking areas,which are subject to the lighting standards in Subsection 18.410.040.I. All points of measurement must be a minimum of 0.5 footcandles. b. The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle. 2. Maximum illumination levels are measured vertically at the property line or sensitive lands boundary line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. The maximum illumination is 0 footcandles at any sensitive lands boundary line. 3. Lighting must be shielded, with a cutoff angle of 90 degrees or greater to ensure that it does not shine upwards.Lighting sources, such as lamps and bulbs,may not be directly visible from adjacent properties or sensitive lands. I. Apartments are subject to all other applicable requirements of this title including but not limited to standards related to streets,utilities, sensitive lands,and signs. 18.230.050 Design Standards A. Entrances. 1. For dwelling units with internal building access, a minimum of 1 entrance per building must be visible and accessible from a public or private street or outdoor common open space. Additional entrances may face drive aisles,parking areas,or service areas. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street,outdoor common open space,or drive aisle that has a curb and path adjacent to the dwelling unit. 3. A required building entrance must be at an angle that is no more than 45 degrees from the street, common open space,or drive aisle that it faces.A required building entrance to an individual dwelling unit may exceed this standard where it opens onto a porch or stoop provided the angle is no more than 90 degrees from the street,common open space,or drive aisle that it faces. Commentary Chapter 18.230 Apartments 4. A required building entrance must be covered,recessed,or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance,and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. B. Windows. 1. All building facades that face a public or private street must include a minimum of 15 percent window area. 2. The minimum window area standard does not apply to stories with sloped roofs or dormers. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least 2 different architectural features from the list provided below.An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building.Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas,but must provide at least 2 different architectural features on all street-facing facades. a. Facade articulation. A wall projection or recession that is a minimum of 6 feet in width and 2 feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. b. Roof eave or projecting cornice. i. An eave that projects a minimum of 12 inches from the building facade;or ii. A cornice that projects a minimum of 6 inches from the building facade and is a minimum of 12 inches in height. c. Roof offsets or dormers. i. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. See Figure 18.230.1; or ii. One dormer for each top-story dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. Figure 18.230.1 Roof Offset Commentary Chapter 18.230 Apartments A 2'•mirwroatvffket' Y d. Accent siding.A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. e. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: i. a change in surface or siding pattern; ii. a change in surface or siding material; or iii. a change in the size or orientation of windows. f. Window area. A minimum of 50 percent window area is included. g. Window shadowing. All windows include at least one of the following: i. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth; or ii. Windows that are recessed a minimum of 3 inches from the building facade. h. Balconies. Balconies are included on all upper stories that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-story dwelling units with individual entrances include at least one of the following: i. A covered porch that is a minimum of 5 feet in width and depth;or ii. An entrance area that is a minimum of 5 feet in width and recessed a minimum of 2 feet from the building facade. j. Enhanced entrances or awnings.A building that provides internal access to dwelling units includes at least one of the following: i. A building entrance area that is a minimum of 8 feet in width and is either: (A) recessed a minimum of 5 feet from the building facade,or (B) covered with a permanent architectural feature that provides weather protection. The architectural feature must be at least as wide as the entry, a Commentary Chapter 18.230 Apartments maximum of 6 feet above the top of the entry,and a minimum of 5 feet in depth. The architectural feature may project into the minimum front setback; or ii. A permanent architectural feature above all first-story windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. The architectural feature may project into the minimum front setback. 2. The following building materials are prohibited on all building facades, including accessory structure facades,that face a public or private street or outdoor common open space. They may not be used collectively on more than 35 percent of any other building facade. a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation fmishing (EIFS), d. Corrugated metal, e. Plain concrete or plain concrete block, f. Spandrel glass, or g. Sheet pressboard. 18.230.060 Accessory Structures Accessory structures are allowed subject to the following standards: A. Accessory structures are prohibited in the required front or street side setback; B. Accessory structures may be located in the required side or rear setback provided they are a minimum of 5 feet from the side and rear property lines and a maximum of 15 feet in height; and C. All accessory structures,including structures required to screen utilities and service areas,and all site improvements, such as fences,walls, signs,and light fixtures,must use materials,colors,and architectural design features that are similar in scale and appearance to those on primary buildings. Chain link fencing and unfmished concrete blocks are prohibited within 20 feet of any street property line or public access easement. Commentary Chapter 18.230 Apartments This standard was clarified to use consistent language in other chapter that refer to plain concrete block. This standard was updated to allow for these materials further away from the street, where their visual impact is lessened. Chapter 18.240 COTTAGE CLUSTERS 18.240.010 Purpose The purpose of this chapter is to provide clear and objective standards for cottage cluster development to meet the requirements of state law and Oregon Statewide Planning Goal 10. Optional alternative standards are also provided for cottage cluster development. Cottage cluster development has the followingcharacteristics: A. The development consists of detached cottages of limited size and footprint; B. The cottages are arranged around a courtyard that provides shared open space; C. The courtyard opens to the street and provides a visual and physical connection to the interior of the development; D. Internal pathways connect the cottages to the shared site elements and to the adjacent sidewalk; E. Off-street parking areas are efficiently designed and screened;and F. The overall design emphasizes sustainable development patterns and climate resiliency. Cottage clusters are groups of four to twelve detached dwelling units that are of smaller size than the typical single detached house. The purpose of this chapter is to provide standards that promote quality development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and E. Facilitate more efficient use of land through smaller dwelling units. 18.240.020 Applicability The standards of this chapter apply to cottage cluster development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Teiiace Plan District, as provided in Chapter 18.640,River Terrace Plan District. 18.240.030 die Review Process Cottage cluster development requires a site development review application. Cottage cluster development requires review through one of the following: A. A cottage cluster development that complies with the clear and objective standards of Section 18.240.050 requires development permits. Commentary Chapter 18.240 Cottage Clusters The purpose statement is updated to focus more on the characteristics of cottage cluster development. This better explains the standards provided and helps with proposals for adjustments to standards. The city is required under state law to allow cottage cluster development with the same level of review that is applied to small form residential.The approval process has been updated to meet this requirement, with only clear and objective standards, but to also provide an alternative Type II land use approval that allows for more flexibility and eligibility for adjustments. B. A cottage cluster development that does not comply with the clear and objective standards of Section 18.240.050 requires a site development review application, as provided in Section 18.780.040, subject to the alternative standards of Section 18.240.060 and any other applicable standards in this title. 18.240.040 General Provisions Adjustments to the clear and objective standards of Section 18.240.050 are prohibited. All lots approved for cottage cluster development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than cottage cluster development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types. A cottage cluster deed restriction imposed as a condition of a previous or concurrent land 18.240.050 Clear and Objective Development-Standards A. Unit Count Density. The required number of cottages in a density of a cottage cluster development is determined as follows according to the following: 1. A cottage cluster development must contain a minimum of 4 cottawesdwelling units and a maximum of 12 dwelling units; and 2. One minimum of one cottage dwelling unit is required for every 2,500 square feet of gross lot area. Any designated sensitive lands on the lot are included in the lot area.Any required dedications for public improvements are not excluded from included in the lot area. B. Minimum lot width. The minimum lot width is 75 feet. 1. The minimum lot width in the RES-A zone is 65 feet. 2. The minimum lot width in the RES-B zone is 50 feet. 3. The minimum lot width in all other zones is 0 feet. C. Setbacks. Setbacks apply only to the perimeter of the cottage cluster development. 1. The minimum setback of cottages from all street property lines is 10 feet. 2. The minimum setback of cottages from all other perimeter property lines is 5 feet. D. Common courtyard. A single common courtyard must be provided. This common courtyard is not required to be rectangular;however, a single rectangle meeting size and location standards must be entirely contained within the common courtyard as shown in Figure 18.240.1. The common courtyard must be sized and located to contain a rectangle The rectangle is a portion of the common courtyard used to demonstrate compliance with all of the standards listed below. that meets the following: 1. The minimum size of the rectangle is 15 percent of the gross lot area, 2. The rectangle must abut a minimum of 15 percent of the length of a simile street property line;. See Figure 18.240.2. 3. The rectangle must may not abut more than 40 percent of the length of a simile street property line;_a+4 Commentary Chapter 18.240 Cottage Clusters The plan check approval standards cannot be adjusted. Only the alternative standards are eligible for adjustment. State law requires that the maximum unit count be removed. The minimum lot width for this pathway is lowered, as it has to be the same standard as is applied to small form residential in the same zone. The common courtyard rectangle is the means by which the city reviews courtyards using only clear and objective standards. However, it has caused some confusion.The language changes here are intended to better describe the rectangle, its purpose, and how it is reviewed. 4. The rectangle must be a minimum of 15 feet wide along its entire length. 5. Each cottage must have all points along one facade located entirely within 10 feet of the rectangle. See Figure 18.240.3. 46. CottauesDwelling units and parking and maneuvering areas are prohibited within the rectangle. Figure 18.240.1 Common Courtyard Relationship to Required Rectum-le 111, ill Common Courtyard ■ Required Courtyard Rectangle Figure 18.240.2 Courtyard Rectangle Width at Street Property Line Commentary Chapter 18.240 Cottage Clusters The graphic has been updated to be easier to read. '��J°k, Ab pia „pi- „EK„„., STREET P OR RERTY �1\O�C\'�N�\�OF `\NE S��EE P Figure 18.240.3 Required Courtyard Frontage for Cottages �OTT O� �cT-1,i1i O Commentary Chapter 18.240 Cottage Clusters A new graphic has been provided to describe the courtyard rectangle frontage standards. A new graphic has been provided to describe the maximum setback from the courtyard rectangle. Strew propernr • Cottages EjMinimum courtyard roct e QCommon courtyard E. Location of cottagesdwelling unit 2 A minimum of two cottagesdwelling units in each development must have all points along one facade of each cottage located entirely within 20 feet of the same a street property line. F. Configuration of cottagesdwelling„nits. All cottages dwelling units must be detached,with a minimum separation between cottages of at least 3 feet at all points, including projections such as balconies and eaves. G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each cottagedwelling Wit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half Fractional parking space requirements minima are rounded up to the nearest whole number.must be counted as a whole space. b. An on-street parking credit may be used to meet granted for some or all oLthe required off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each cottamedwelling mit.Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking may be grouped. No grouping may exceed four spaces. must be provided in groups of 2 to 4 parking spaces where all spaces in a group are contiguous. See Figure 18.240.4. Commentary Chapter 18.240 Cottage Clusters Clarifying the standard. Clarifying the standard. Language has been added to clarify how parking requirements are rounded. Clarifying the standard. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except alley property lines, where that parking spaces may be provided located a minimum of within 5 feet of the roma property line along an alley. b. Off-street parking spaces muses be located within a minimum of 10 feet rom ef.any other property line that does not abut a street,alley, or other public ri,iht- of--way. c. Off-street parking spaces must be located a minimum of 10 feetfrom all cottages. d. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. ee. All Off-street parking space groups areas, including garages,must be separated by a minimum of 51-9 feet on all sides from all other parking space groups areas,parking 6tructures, and dwelling units on the site.If this separation area is 10 feet or less in width, This area it must be landscaped to meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. 4. Parking structures. The maximum size for any parking structure is 750 square feet and the maximum height is 15 feet.Parking structures including garages and carports are prohibited. 5. Screening. Off street parking areas not in structures must be screened from the street to 18.'120.2. The required screening must be provided on the same site as the development. Off- street parking spaces must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet of a street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.240.4 Parking Grouping and Separation Commentary Chapter 18.240 Cottage Clusters Clarifying the standard. Clarifying the standard. Because of the difficulty of reviewing complex developments through plan check, parking structures are not allowed in this pathway. They are allowed through the Type II alternative pathway. SEPA41RAT/I N. ONl 111 1111 OF5FT, IAIN GRoup _------_i_--_ ----________J OF Two --� MAX. GROUP OF FOUR --- H. Pedestrian access.An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each cottaaedwelling unit to the following areas: 1. AllAt least one parking space group areas on the lot, aid 2. The common courtyard rectangle, and 13. Sidewalks in the all adjacent rights-of-way, including at least one connection to a sidewalk along the required courtyard rectangle frontage.See Figure 18.240.5. Figure 18.240.5 Pedestrian Connection Along Required Common Rectangle • - 111 1 7111111 AilTo�Eov\�F-o cov��`iQ,,o ....... P-C\- -N -\ \PES- STREET PROPERTY LINE \ C O SOE\A1P I. Landscaping. The standards and provisions of Section 18.420.030 apply,except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard,as provided in Table 18.420.1. Commentary Chapter 18.240 Cottage Clusters New graphic describing the grouping and separation of parking. Clarifying the pathway standards and adding a requirement that the pathway connect to or through the common courtyard rectangle New graphic describing the pedestrian connection requirement. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way in accordance with all standards of the city's UFM. . - . .- ' . . -- • . . . maximum of 6 feet from the right of way when planting within the right of way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The tree is located in the public right-of-way, an' "•- . - • the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; and ii. The tree meets the UFM standards for street trees.would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. J. Fencing. 1. Fences located within 3 feet of a side or rear lot line at the perimeter of the lot are subject to the height requirements of Section 18.210.020, except that fences within the required front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 2. Fences not located at-anywhere other than within 3 feet of a side or rear lot line the perimeter of the lot maymust not exceed 3 feet in height,except for fences used to meet the screening requirements of Paragraphs 18.240.050.G.5 and 18.240.050.K.2. K. Service Areas Waste collection. 1. Dumpsters are prohibited in cottage cluster developments. 2. Waste collection and Sservice areas including but not limited to waste collection areas and utility cabinets must may not be located in required setbacks or in the required courtyard rectangle, and must be screened to the S-1 standard as provided in Table 18.420.2. AL. Floor area. 1. The total maximum floor area of a single-story cottagedwelling unit is 8991,000 square feet. Commentary Chapter 18.240 Cottage Clusters Updated to remove any discretionary standards. Clarifying the standard. Removing the prohibition on dumpsters and expanding screening requirements to all service areas. All standards are now provided in a single section. The odd 899 square foot limit is required by state law, which states that a cottage is "less than" 900 square feet.This means that we cannot apply 900 square feet as the maximum. 2. The maximum floor area of a multi story Multi-story cottages dwelling units i:,must meet the following:1,200 square feet. a. The maximum floor area of the first story is 750 square feet. b. The maximum floor area of any story above the first story is 600 square feet. c. The total maximum floor area of the cottage is 1,100 square feet. 3. The average floor area of all cottages dwelling unit;,in a development must not exceed 1,000 1,100 square feet. BM. Height. The maximum height of cottages dwelling units is 35 feet. GN. Entrances. A minimum of 75 percent of the cottagesdwelling units in a development must have amain entrances that are either parallel to or offset no more than 45 degrees from the closest edge of the required courtyard rectangle. face the required common courtyard. Cottages Dwelling units within 20 feet of a street property line with their entrances either parallel to or offset no more than 45 degrees from oriented to the street property line may count toward this standard. O. Windows. The minimum total area of all windows and doors on all cottage facades is 12 percent. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the portion of a door, other than a garage door, that moves and does not include the frame. A. s are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 528 square feet. The floor area of parking structures does not count toward this maximum. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the front setback. D. Accessory structures may be located within the side or rear setback provided they are a 18,240.060 Alternative Standards A. Unit Count. The required number of cottages in a cottage cluster development is determined as follows: 1. A cottage cluster development must contain a minimum of 4 cottages;and 2. A minimum of one cottage is required for every 2,500 square feet of gross lot area.Any designated sensitive lands on the lot are included in the lot area.Any dedications are excluded from the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the cottage cluster development. 1. The minimum setback of cottages from all streetproperty lines is 10 feet. 2. The minimum setback of cottages from all other perimeter property lines is 5 feet. D. Common courtyards. Commentary Chapter 18.240 Cottage Clusters The multi-story standards are updated to encourage a balance between single-story and multi-story developments to ensure equitable access for seniors and people with limited mobility or different mobility needs. State law requires that the maximum height match that of small form residential. The entrance standards are updated to be more clear and objective. Adding window standards to match those applied to small form residential. This section was moved. The alternative standards are intended to allow greater flexibility. Many standards match. Commentary will focus on areas where the standards are different. The original minimum lot width is applied here.This is intended to ensure better site layout and design. 1. Number. One common courtyard must be provided for each cluster of cottages.A cluster consists of a minimum of 4 cottages and a maximum of 12 cottages. The maximum number of courtyards in a cottage cluster development is determined by dividing the total number of cottages in the development by 12. Fractional results are rounded up to the nearest whole number.A minimum of one courtyard must meet the primary courtyard standards. 2. Size. a. The minimum total area of all required common courtyards is 15 percent gf the total gross area of the development site. b. The minimum area of the primary courtyard is 8 percent oUthe total gross area of the development site. c. The maximum area that may count toward meeting the courtyard area standard is shown in Figure 18.240.6. This area includes the area of the shape created by: i. The courtyard facing facade of each cottage, ii. A series of imaginary straight lines drawn between the courtyard facing corners of adjacent cottages as measured at ground level, and iii. For primary courtyards, the edge of the courtyard along the street property line. 3. Design. a. Parking and maneuvering areas are prohibited within all common courtyards. b. At least one side of the primary courtyard must abut a single street property line fora minimum of 15 percent and a maximum of 40 percent of the length of that street property line. See Figure 18.240.7. c. The courtyard must be at least 15 feet wide along any imaginary line drawn perpendicular to its edges, as defined in Subparagraph 18.240.060.D.2.c above. d. Sight-obstructing structures or shrubs more than 3 feet in height must not be located in the primary common courtyard within 50 feet of any street property line. Figure 18.240.6 Common Courtyard Measurement Commentary Chapter 18.240 Cottage Clusters The alternative standards allow for the creation of multiple cottage clusters within the same development. Where more than one courtyard is required or proposed, the primary courtyard must meet certain frontage and area standards. This graphic is provided to show how the common courtyard area is measured. Areas behind the courtyard-facing facade of each unit may not be included. iliJ STREET PROPERTY LINE riCommon Courtyard Cottages Figure 18.240.7 Common Courtyard Width at Street Property Line ,j 11111 "pi 'EQv\1Eo 10," STREET PROPERTY LIN : i'L \O- ` E. Configuration of cottages.All cottages-must be detached, with a minimum separation between cottages of at least 3 feet at all points, including projections such as balconies and eaves. F. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum oft off-street parking space must be provided for each cottage.If the lot is within 2,500 feet of a right-of-way that includes transit service, this parking Commentary Chapter 18.240 Cottage Clusters minimum is reduced by half Fractional parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all of the off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each cottage. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of2 to 4 parking spaces where all spaces in a group are contiguous. See Figure 18.240.8. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be located a minimum of 5 feet from property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley, or other public right-of-way. c. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. d. Off-street parking space groups, including those provided in structures, must be separated by a minimum of 5 feet on all sides from all other parking space groups, parking structures, and cottages on the site. If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Separation areas between garages are exempt from the landscaping requirement. 4. Parking structures. a. The maximum size for any detached parking structure is 750 square feet and the maximum height is 15 feet. The square footage of a carport is the total area covered by a roof b. Each detached parking structure must not contain more than four vehicle parking spaces. 5. Screening. Off-street parking spaces provided on paved surfaces or in carports must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet of a street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.240.8 Parking Grouping and Separation Commentary Chapter 18.240 Cottage Clusters Parking structures are allowed in the alternative pathway. __1SEP SE:411AINT/ON, OF MSFrW L/P - !, O _, MAX. GROUP OF FOUR G. Pedestrian access.An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each cottage to the following areas: 1. At least one parking space group on the lot, 2. At least one common courtyard,and 3. Sidewalks in all adjacent rights-of-way, including at least one connection to a sidewalk along the required primary common courtyard. See Figure 18.240.9. Figure 18.240.9 Pedestrian Connection Along Required Common Courtyard w l , FZE4U\a.. '' •. co��oN STREET PROPERTY LINE coN\`\ z\:?\\ -�o s\oEwP�-� H. Landscaping. The standards and provisions of Section 18.420.030 apply, except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: Commentary Chapter 18.240 Cottage Clusters The more discretionary landscape standards have been applied in the alternative pathway. 1. Common courtyards must meet the L-1 standard, as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM).All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way in an easement when planting within the right-of-way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site;and ii. The tree would be permitted as a street tree in compliance with Urban Forestry Manual street tree planting and soil volume standards if it were newly planted. L Fencing. 1. Fences located within 3 feet of a side or rear lot line are subject to the heht requirements of Section 18.210.020, except that fences within a front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 2. Fences located anywhere other than within 3 feet of a side or rear lot line must not exceed 3 feet in height, except for fences used to meet the screening requirements of Paragraphs 18.240.050.G.5 and 18.240.050.K.2. J. Service areas. 1. Waste collection areas must be located to minimize noise and odor impacts to adjoining residentially-zoned property to the degree practicable. 2. Service areas, including but not limited to waste collection areas and utility cabinets, must not be located in required setbacks or in a required common courtyard, and must be screened to the S-1 standard as provided in Table 18.420.2. K. Floor area. 1. The total maximum floor area of a single-story cottage is 1,000 square feet. 2. Multi-story cottages must comply with the following: a. The maximum floor area of the first story is 800 square feet. b. The maximum floor area of any story above the first story is 600 square feet. c. The total maximum floor area of the cottage 1,200 square feet. Commentary Chapter 18.240 Cottage Clusters There is an intent to allow discretionary review of service area placement to minimize impacts to neighboring properties and maximize neighborhood compatibility. This standard restores the original footprint allowance that was prohibited by state law. 3. The average floor area of all cottages in a development must not exceed 1,100 square feet. L. Height. The maximum height of cottages is 25 feet. M. Entrances.A minimum of 75 percent of the cottages must have main entrances that are either parallel to or offset no more than 45 degrees from the closest edge of the required courtyard rectangle. Cottages within 20 feet of a street property line with their entrances either parallel to or offset no more than 45 decrees from the street property line may count toward this standard. N. Windows. The minimum total area of all windows and doors on street facingfacades is 12 percent. The minimum total area of all windows and doors on all other facades is 10 percent. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the portion of a door that moves and does not include the frame. 18,240.070 Pre-existing Dwelling Units Any single pre-existing primary dwelling unit or detached accessory dwelling unit on the same lot with a proposed cottage cluster development may be included in the cottage cluster subject to the following: A. The primary dwelling unit must have received a final inspection a minimum of 5 years prior to the date of the cottage cluster application for development permits. B. Any detached accessory dwelling unit must have been constructed and received a final inspection a minimum of 1 year prior to the date of the cottage cluster application for development permits. C. All development standards of this chapter apply to cottage cluster development with q pre- existing primary or accessory dwelling unit, including courtyard size and location standards, with the following exceptions: 1. Any primary or accessory dwelling units proposed to remain are considered a cottage for the purposes of meeting the required minimum number of cottages. 2. Any primary or accessory dwelling unit proposed to remain under these provisions must not be modified in a manner that causes them to go further out of conformance with the standards of this chapter. 3. The floor area of any primary or accessory dwelling unit proposed to remain is not included in the maximum average floor area calculation for the cottage cluster development 4. Any primary or accessory dwelling unit proposed to remain is not required to meet standards for location or a common courtyard facing main entrance. 18.240.080 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area()tall accessory structures on a lot is 528 square feet. The floor area ofparking structures does not count toward this maximum. Cottage cluster developments with more than 12 cottages on a lot are allowed an additional 500 square feet of Commentary Chapter 18.240 Cottage Clusters The height standard of 25 feet was restored in the alternative pathway. This is intended to ensure better design of small units. A lower window requirement is allowed here because there is some discretion in determining what is a street-facing facade in this type of development. State law requires that existing structures may be included in a cottage cluster development. These standards are the minimum to meet state law. The accessory structure standards are moved from elsewhere. accessory structure floor area,provided that no individual accessory structure exceeds 528 square feet in floor area. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the front setback. D. Accessory structures may be located within a required side or rear setback provided they are located a minimum of 5 feet from the side and rear property lines. Commentary Chapter 18.240 Cottage Clusters Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose The purpose of this chapter is to provide clear and objective standards for courtyard unit development. Optional alternative standards are also provided for courtyard unit development. Courtyard unit development has the following characteristics: A. The development consists of attached dwellinLunits of limited size and height; B. The buildings containing the dwelling units are arranged around a courtyard that provides shared open space among the units; C. The courtyard opens to the street and provides a visual and physical connection to the interior of the development and the entrance-bearing facades of the dwelling units; D. Internal pathways connect the units to the shared site elements and to the adjacent sidewalk; E. Off-street parking areas are efficiently designed and screened;and F. The overall design emphasizes sustainable development patterns and climate resiliency. Courtyard units are groups of five to twelve attached dwelling units that are of smaller size and scale than other attached housing types such as apartments and rowhouses. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Courtyard unit development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all Mages of life; D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and E. Facilitate more efficient use of land through smaller dwelling units. 18.250.020 Applicability The standards of this chapter apply to courtyard unit development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. 18.250.030 Application-Type-Review Process Courtyard unit development requires a site development review application. Courtyard unit developments require review through one of the following: A. A courtyard unit development that complies with all of the clear and objective standards of Section 18.250.050 requires development permits. Commentary Chapter 18.250 Courtyard Units The purpose statement is updated to focus more on the characteristics of courtyard unit development. This better explains the standards provided and helps with proposals for adjustments to standards. The city is not required under state law to allow courtyard unit development with the same level of review that is applied to small form residential. However, because of this housing type's similarity to cottage cluster development, it makes sense to provide a consistent approach. The approval process has been updated to provide a dual pathway approval approach, with clear and objective standards and also an alternative Type II land use approval that allows for more flexibility and eligibility for adjustments. B. A courtyard unit development that does not comply with all of the clear and objective standards of Section 18.250.050 requires a site development review application, as provided in Paragraph 18.780.040, subject to the alternative standards of Section 18.240.060 and any other applicable standards in this title. 18.250.040 General Provisions Adjustments to the clear and objective standards of 18.250.050 are prohibited. All lots approved for courtyard unit development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than courtyard unit development on the lot. This deed restriction cannot be removed except through a land division or lot line housing types.A courtyard unit development deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 18.250.050 Clear and Objective Development Standards A. Unit Count Density. The required number of dwelling units in density of a courtyard unit development is determined as follows according to the following: 1. A courtyard unit development must contain a minimum of 5 dwelling units and a maximum of 12 dwelling units. 2. One A minimum f one dwelling unit is required for every 2,000 square feet of gross lot area. Any designated sensitive lands on the lot are included in the gross lot area. Any required dedications for public improvements or public access are not included in the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the courtyard unit development. 1. The minimum front and side setbacks are 10 feet. 2. The minimum rear setback is 15 feet. 3. The maximum setback from a front any street property line is 20 feet. D. Common courtyard. A sini'le common courtyard must be provided. This common courtyard is not required to be rectangular;however, a single rectangle meeting size and location standards must be entirely contained within the common courtyard as shown in Figure 18.250.1. The common courtyard must be sized and located to contain a rectangle The rectangle is a portion of the common courtyard used to demonstrate compliance with all of the standards listed below. that meets the following: 1. The minimum size of the rectangle is 15 percent of the gross lot area; 2. The rectangle must abut a minimum of 15 percent of the length of a single street property line; 3. The rectangle area may must not abut more than 40 percent of the length of a sinjle street property line;-and 4. The rectangle must be a minimum of 15 feet wide along its entire length. Commentary Chapter 18.250 Courtyard Units The plan check approval standards cannot be adjusted. Only the alternative standards are eligible for adjustment. The common courtyard rectangle is the means by which the city reviews courtyards using only clear and objective standards. However, it has caused some confusion.The language changes here are intended to better describe the rectangle, its purpose, and how it is reviewed. 5. Each building must have all points along the courtyard facing facade located entirely within 10 feet of the rectangle. 46. Dwelling units and parking and maneuvering areas are prohibited within the rectangle. Figure 18.250.1 Common Courtyard Relationship to Required Rectangle Common Courtyard ■ Required Courtyard Rectangle Figure 18.250.2 Required Courtyard Frontage for Courtyard Units Commentary Chapter 18.250 Courtyard Units The graphic has been updated to be easier to read. FACAPE �'NIT GO C P. -Z F Figure 18.250.1 re S7rwer property'h re IICourtyard anile 0 Minimum courtyard rectangle Common courtyard E. Configuration of dwelling units. Dwelling units must be attached,except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.2. F. Location of dwelling units. The dwelling units must be arranged around the common courtyard. If dwelling units are provided in 2 detached buildings,the buildings must face each other across the common courtyard. See Figure 18.250.2. Figure 18.250.2 Possible Configurations and Locations of Dwelling Units Commentary Chapter 18.250 Courtyard Units 111 El Courtyard Units ❑ Common Courtyard G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half Fractional parking space requirements must be minima are rounded up to the nearest whole number. counted as a whole space. b. An on-street parking credit may be used to meet granted for some or all gLthe required off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking may be grouped. No grouping may exceed four spaces. must be provided in groups of 2 to 4 parking spaces where all spaces in a group must be contiguous.See Figure 18.250.3. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except alley property lines, where that parking spaces may be provided within 5 feet of the a property line alone an alley. b. Off-street parking spaces must may not be located within a minimum of 10 feet from e€any other property line that does not abut a street,alley, or public right-of-way. c. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. ed. All-Off-street parking space groups areas, including parking structures, must be separated by a minimum of 5 44 feet on all sides from all other parking space Rroups areas,parking structures, and dwelling units on the site.If this separation area is 10 feet or less in width, This area it must be landscaped to meet the L-2 standard, as provided in Table 18.420.1,except that trees are not required. Commentary Chapter 18.250 Courtyard Units Language has been added to clarify how parking requirements are rounded. Clarifying the standard. Clarifying the standard. 4. Parking structures. The maximum size for any parking structure is 750 square feet and the maximum height is 15 feet.Parking structures including garages and carports are prohibited. 5. Screening. Off street parking areas not in structures must be screened from the street to the S 'I standard, as provided in Table 18/120.2. The required screening must be provided on the same site as the development. Off-street parking spaces must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet of a street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.250.3 Parking Grouping and Separation rte_:_ j M/N. _ _ / i /�EP.4R�)T/ON��~ 1 j / 1111111.11111*, / OF5FT f M/lV GROUP = = _ 1 MAX. GROUP I OF Two - - - --- OF OF FOUR - H. Pedestrian access. An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each dwelling unit to the following areas: 1. Al1At least one parking areas on the lot site,and 2. The common courtyard, and 23. Sidewalks in the all adjacent rights-of-way, including at least one connection through the required courtyard rectangle.See Figure 18.250.4. Figure 18.250.4 Pedestrian Connection Along Required Common Rectangle Commentary Chapter 18.250 Courtyard Units Because of the difficulty of reviewing complex developments through plan check, parking structures are not allowed in this pathway. They are allowed through the Type II alternative pathway. Clarifying the standard. New graphic describing the grouping and separation of parking. Clarifying the pathway standards and adding a requirement that the pathway connect to or through the common courtyard rectangle COv��`IPFtO FZEG�P\�\G\-E STREET PROPERTY LINE \ \KIN I. Landscaping. The standards and provisions of Section 18.420.030 apply, except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard,as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way in accordance with all standards of the city's UFM. wherever practicable. Street trees may be planted a maximum of 6 feet from the right of way when planting within the right of way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The tree is located in the public right-of-way, an' "•- . . - . the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; a4 ii. The tree meets the UFM standards for street trees.would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. J. Fencing. Commentary Chapter 18.250 Courtyard Units New graphic describing the pedestrian connection requirement. Updated to bring consistency with cottage clusters and remove any discretionary standards. 1. A fence at least 6 feet in height must be provided at the perimeter of the site, within 3 feet gLrear and side property lines, except that a fence is not required in the front setback and along street property lines. 2. Fences located within the required front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 3. Fences located anywhere other than within 3 feet of a side or rear lot line not exceed 3 feet in height, except for fences used to meet the screeninfi requirements ofParauiraphs 18.250.050.G.5 and 18.250.050.K. 2. All fences, including required fences, are subject to the maximum height requirements of Section 18.210.020. K. Service Areas Waste collection. 1. Dumpsters are prohibited in courtyard unit developments. 2. Waste collection and Sservice areas including but not limited to waste collection areas and utility cabinets mustmay not be located in required setbacks or in the required courtyard rectangle, and must be screened to the S-1 standard as provided in Table 18.420.2. LA. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,100 47200 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 900 1,000 square feet. Mg. Height. The maximum height of a courtyard unit building is 18 feet. NE. Entrances. A minimum of 75 percent of the dwelling units in a development must have their main entrances that are either parallel or offset no more than 45 degrees from the closest edge of the required courtyard rectangle.face the required common courtyard. Dwelling units within 20 feet of a street property line with their entrances either parallel or offset no more than 45 degrees from oriented to the street property line may count toward this standard. OD. Facade length. 1. Front facades within the required front setbacks must not exceed 40 feet in length. See Figure 18.25035. 2. The total length of front facades within the required front setbacks must not exceed 80 feet in length. See Figure 18.250.35. 3. Street facing sSide facades along streets on corner lots may be any length. E. Windows. A minimum of 15%of the area of all street facing facades must include windows or entrance doors.Window area is the aggregate area of the glass within each window, including any interior grids, mullions,or transoms. Door area is the area of the portion of a door that moves and does not include the frame. Figure 18.25035 Facade Length Within Required Front Setbacks Commentary Chapter 18.250 Courtyard Units Clarifying the standard. Removing the prohibition on dumpsters and expanding screening requirements to all service areas. All standards are now provided in a single section. Lowering the maximum square footage for the clear and objective pathway to incent smaller, more affordable units. Larger units are allowable through the alternative pathway. The entrance standards are updated to be more clear and objective. i104, 4,1 i. .ide: I I • x y Front O Right-of-way • Courtyard Units Requircd min.and max.setbacks Max.icngth cf x and y is 40 fccE, Max.length of x+y is S0 feet. P. Windows. The minimum total area of all windows and doors on building facades is 12 percent. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the portion of a door, other than a garage door, that moves and does not include the frame. 18.250.060 Alternative Standards A. Unit Count. The required number of units in a courtyard unit development is determined as follows: 1. A courtyard unit development must contain a minimum of 5 dwelling units;and 2. A minimum of one dwelling unit is required for every 1,500 square feet of gross lot area.Any desivnated sensitive lands on the lot are included in the'ross lot area.Any dedications for public improvements or public access are not included in the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the courtyard unit development. 1. The minimum front and side setbacks are 10 feet. 2. The minimum rear setback is 15 feet. 3. The maximum setback from any street property line is 20 feet. D. Common courtyards. 1. Number.A common courtyard must be provided for every 12 courtyard units, or portion thereof The maximum number of courtyards in a courtyard unit development is determined by dividing the total number of dwelling units in the development by 12. When Commentary Chapter 18.250 Courtyard Units Adding window standards to match those applied to small form residential. The alternative standards are intended to allow greater flexibility. Many standards match. Commentary will focus on areas where the standards are different. The alternative pathway allows for more units per site. The alternative standards allow for the creation of multiple courtyard units within the same development. this calculation results in a fraction, the result will be rounded up to the nearest consecutive whole number.A minimum of one courtyard must meet the primary courtyard standards. 2. Size. a. The minimum total area of all required common courtyards is 15 percent of the total gross area of the development site. b. The minimum area of the primary courtyard is 10 percent of the total gross area of the development site. c. The maximum area that may count toward meeting the courtyard area standard is as shown in Figure 18.240.6. This area includes the area of the shape created by: i. The courtyard facing facade of each building containing dwelling units, ii. A series of imaginary straight lines drawn between the corners of buildings facing each other across the courtyard, as measured at ground level,and iii. For primary courtyards, the edge of the courtyard along the street property line and a perpendicular line extending from the street property line to the edge of each courtyard facing facade. 3. Design. a. Parking and maneuvering areas are prohibited within all common courtyards. b. At least one side of the primary courtyard must abut a single street property line for a minimum of 15 percent and a maximum of 40 percent of the length of that street property line. See Figure 18.240.7. c. The courtyard must be at least 15 feet wide along any imaginary line drawn perpendicular to its edges, as defined in Subparagraph 18.250.060.D.2.c above. d. Sight-obstructing structures or shrubs more than 3 feet in height must not be located in the primary common courtyard within 50 feet of any street property line. Figure 18.250.6 Common Courtyard Measurement Commentary Chapter 18.250 Courtyard Units Where more than one courtyard is required or proposed, the primary courtyard must meet certain frontage and area standards. STREET PROPERTY LINE ■ Common Courtyard Courtyard Unit Building Footprint Figure 18.240.7 Common Courtyard Width at Street Property Line FiEC� \FZEO COUFZ�`�PFZO �O�IoOF g RTRT EET PROP RE TY LIME S�FZEE�F��Q E. Configuration of dwelling units. Dwelling units must be attached, except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.6. F. Location of dwelling units. The dwelling units must be arranged around the common courtyard. If dwelling units are provided in 2 detached buildings, the buildings must face each Commentary Chapter 18.250 Courtyard Units other across the common courtyard. If a development includes more than 12 dwelling units, then each building containing dwelling units must be arranged adjacent to or around at least one courtyard. See Figure 18.250.8. Figure 18.250.8 Possible Configurations and Locations of Dwelling Units - f � El Courtyard Units 0 Como-Lon Courtyard G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of I off-street parking space must be provided for each dwelling unit. Ifjhe lot is within 2,500Jeet of a right-of-way that includes transit service, this parking minimum is reduced by half Fractional parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all the off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of 2 to 4 parking spaces where all spaces in a group must be contiguous. See Figure 18.250.9. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be located a minimum of 5 feet from property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley, or other public right-of-way. c. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. Commentary Chapter 18.250 Courtyard Units Parking structures are allowed in the alternative pathway. d. Off-street parking space groups, including those provided in structures, must be separated by a minimum of 5 feet on all sides from all other parking space groups, parking structures, and dwelling units on the site.If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard as provided in Table 18.420.1, except that trees are not req aired.Separation areas between garages are exempt from the landscaping requirement. See Figure 18.250.9. 4. Parking structures. a. The maximum size for any detached parking structure is 750 square feet and the maximum height is 15 feet. The square footage of a carport is the total area covered by a roof. b. Each detached parking structure must not contain more than four vehicle parking spaces. 5. Screening. Off-street parking spaces provided on paved surfaces or in carports must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet ofa street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.250.9 Parking Grouping and Separation iSE54MRFg/7NTION - 4 ~ � 1 - MIN. GROU1IT---------7-------------,I _______ 0/0/ IGRI_ I F TWO I 1 \ ______ OF FOUR - H. Pedestrian access.An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each dwelling unit to the following areas: 1. At least one parking space group on the lot, Commentary Chapter 18.250 Courtyard Units 2. At least one common courtyard,and 3. Sidewalks in all adjacent rights-of-way, including at least one connection to a sidewalk along the required primary common courtyard. L Landscaping. The standards and provisions of Section 18.420.030 apply, except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard, as provided in Table 18.420.1. 2. A minimum of33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM).All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street trees is the nearest whole number.More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way in an easement when planting within the right-of-way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site;and ii. The tree would be permitted as a street tree in compliance with Urban Forestry Manual street tree planting and soil volume standards if it were newly planted. J. Fencing. 1. A fence at least 6 feet in height must be provided at the perimeter of the site, within 3 feed of rear and side property lines, except that a fence is not required in the front setback. 2. Fences located within the required front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 3. Fences located anywhere other than within 3 feet of a side or rear lot line not exceed 3 feet in height, except for fences used to meet the screening requirements of Paragraphs 18.250.060.G.5 and 18.250.060.K. K. Service areas. 1. Waste collection areas must be located to minimize noise and odor impacts to adjoining residentially-zoned property to the degree practicable. 2. Service areas, including but not limited to waste collection areas and utility cabinets, must not be located in required setbacks or in a required common courtyard, and must be screened to the S-1 standard as provided in Table 18.420.2. Commentary Chapter 18.250 Courtyard Units The more discretionary landscape standards have been applied in the alternative pathway. There is an intent to allow discretionary review of service area placement to minimize impacts to neighboring properties and maximize neighborhood compatibility. L. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,200 square feet. 2. The average floor area of all dwelling units in a courtyard unit develpment must not exceed 1,000 square feet. M. HeijLht. The maximum height of a courtyard unit building is 25 feet. N. Entrances.A minimum of 75 percent of the dwelling units must have main entrances that are either parallel to or offset no more than 45 degrees from the closest edge of the required common courtyard. Dwelling units within 20 feet of a street property line with their entrances either parallel to or offset no more than 45 degrees from the street property line may count toward this standard. O. Facade length. 1. Front facades within the required front setbacks must not exceed 50 feet in length. See Figure 18.250.8. 2. The total length of front facades within the required front setbacks must not exceed 100 feet in length. See Figure 18.250.10. 3. Street facing side facades on corner lots may be any length. Figure 18.250.10 Facade Length Within Required Front Setbacks { 1= 1- ide x y Front ▪ fight-of way . Courtyard Units rd Required min.And[RAIL.Setbacks Max,length Lrf x and y i40 fem. M .length of x+y is SO feet, N. Windows. The minimum total area of all windows and doors on street facing facades is 12 percent. The minimum total area of all windows and doors on all other facades is 10 percent. Commentary Chapter 18.250 Courtyard Units This standard allows for a larger overall square footage of units and across the development than in the plan check pathway. The height standard was increased to 25 feet was restored in the alternative pathway. A lower window requirement is allowed here because there is some discretion in determining what is a street-facing facade in this type of development. Window area is the aggregate area of the glass within each window,including any interior grids, mullions, or transoms.Door area is the portion of a door, other than a jzaraze door, that moves and does not include the frame. 18.250.070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on a he lot is 528 square feet. The floor area of parking structures does not count toward this maximum. Courtyard unit developments with more than 12 dwelling units on a lot are allowed an additional 500 square feet of accessory structure floor area,provided that no individual accessory structure exceeds 528 square feet in floor area. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the required front setback. DE. Accessory structures may be located within the a required side or rear setback provided they are located a minimum of 5 feet from the side and rear property lines. Commentary Chapter 18.250 Courtyard Units Chapter 18.270 QUADS 18.270.010 Purpose The purpose of this chapter is to provide clear and objective and alternative standards for quad development to meet the requirements of state law and Oregon Statewide Planning Goal 10. Quad development has the following characteristics: A. The development is made up of four attached dwelling units of limited size; B. The configuration of the units provides visual access to the street for all dwelling units; C. The form of the building resembles a two-story single detached house in size and appearance; D. Off-street parking areas are efficiently designed and screened;and E. The overall design emphasizes sustainable development patterns and climate resiliency. dwelling units side by side on the second story. The dwelling units are of smaller size than the typical apartment or single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Quad development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Allow development of attached housing that is similar in size and form to single detached houses; E. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and F. Facilitate more efficient use of land through smaller dwelling units. 18.270.020 Applicability The standards of this chapter apply to quad development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Teiiace Plan District, as provided in Chapter 18.640,River Terrace Plan District. 18.270.030 die Compliance Quad development must comply with the clear and objective standards of Section 18.2 70.040 and all other applicable standards of this title. Quad development requires a site development review application. 18.270.040 Gcncral s....yisi...... Commentary Chapter 18.270 Quads The purpose statement is updated to focus more on the characteristics of quad development. This better explains the standards provided and helps with proposals for adjustments to standards. The city is not required under state law to allow quad development with the same level of review that is applied to small form residential. No alternative pathway is provided. All lots approved for quad development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than quad development on the lot. This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types. A quad deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 18.270.040050 Clear and Objective Development Standards A. Unit count Number of dwelling units. A quad development must contain four dwelling units. Two dwelling units must be wholly contained within a first story. Two dwelling units must be wholly contained within a second story. B. D 'ty. Minimum and maximum densities are determined by the required number of dwelling units and the lot size standards of Table 18.270.1. Configuration of dwelling units. 1. Two dwelling units must be wholly contained within a first story. Two dwelling units must be wholly contained within a second story. 2. All dwelling units must have at least one street facing window. C. Lot size and width. Dimensional lot standards are provided in Chapter 18.805 Lot Standards. Quad development is not allowed on lots that do not meet the dimensional lot standards for the base zone. Lot width. Minimum lot widths are provided in Table 18.270.1. D. Development Standards. Development standards are provided in Table 18.270.1. Table 18.270.1 Development Standards for Quads Standard RES-A and RES-C and MUR-1 and RES-B RES-D MUR-2 Minimum Setbacks(ft) -Front 15 10 None -Street side 15 10 None -Side 5 5 5 -Rear 15 15 15 Maximum Setbacks(ft) -Front 20 15 10 -Street side 20 15 10 Maximum Height(ft) 30 35 35 Maximum Lot Coverage 80% 80% 80% Commentary Chapter 18.270 Quads Because there is no alternative pathway, the standards are considered eligible for adjustments through the typical Type II process. The stacking requirement was moved to the configuration section below.. To be eligible for quad development, a lot must meet the minimum and maximum lot size standards. Most of these are the same as for small form residential. The standards in this table were moved from later in the chapter. Minimum Landscape Area I 20% I 20% 20% D. Setbacks. Minimum and maximum setbacks are provided in Table 18.270.1. E. Lot coverage.Maximum lot coverage is provided in Table 18.270.1. EE. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. The required minimum and maximum number of off-street parking spaces is provided in Table 18.270.2. A minimum of/1 off street parking spaces must be provided for each quad development. If the lot is within 2,500 feet of a right-of-way that includes transit service,tiffs the applicable parking minimum is reduced by half. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. c. A maximum of 5 off street parking spaces are allowed for each quad development. Table 18.270.2 Quad Parking Requirements by Zone RES-A and RES-C RES-D MUR-1 and RES-B MUR-2 Minimum off-street parking 4 3 2 None spaces Maximum off-street parking 5 4 4 4 spaces 2. Grouping. Off-street parking spaces including parking provided in structures must be grouped. 3. Location. a. Off-street parking spaces and structures must be located a minimum of 20 feet from any street property line,except alley property lines,where parking may be provided within 5 feet of the property line. b. Off-street parking spaces and structures must may not be located within 10 feet of any other property line. c. Covered parking may be provided under the first story of the quad,provided that this parking is accessed from the rear of the building and is not visible from the street. 4. Parking structures. One parking structure is allowed per quad development, subject to the following: a. The maximum size is 750 square feet; and b. The maximum height is 15 feet. Commentary Chapter 18.270 Quads State law prescribes how many parking spaces may be required based on lot size.This table provides those standards in an easy-to-read format. 5. Screening. Off street parking areas not in structures must be screened from the street to the S 1 standard, as provided in Table 18.120.2. The required screening must be provided on the same site as the development. FG. Pedestrian access. An accessible path must be provided that connects the main entrance of the quad to the following: 1. All parking areas on the site; and 2. Sidewalks in the adjacent right-of-way. . - . • - ' - • . • A • -• . - Eels_ .. - ' - - - .. I..I. 1 . . .. h1i . •- to the following standards: 1. Minimum landscape area standards are provided in Table 18.270.1. All required landscape areas must meet the L 1 standard, as provided in Table 18.120.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 10 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be spacing standards for the chosen trees. a. Street trees must be planted within the right of way wherever practicable. Street trees may be planted a maximum of 6 feet from the right of way when planting within the right of way is not practicable as determined by the city engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; and tree planting and soil volume standards if it were newly planted. I. Fencing. except that a fence is not required in the front setback and along street property lines. 2. All fences, including required fences, are subject to the maximum height requirements of Section 18.210.020. GJ. Waste collection Service areas. 1. Dumpsters are prohibited in quad developments. 2. Waste collection and Sservice areas including but not limited to waste collection areas and utility cabinets must may not be located in required setbacks and must be screened to the S-1 standard,as provided in Table 18.420.2. Commentary Chapter 18.270 Quads Removing this requirement as it does not apply to small form residential, so it is not allowable. The landscaping and fencing standards are being removed to treat quad development more like small form residential. Removing the prohibition on dumpsters and expanding screening requirements to all service areas. Table 18 1^76 1 Standafd R 1, R 2 and R 4.5 R 12 R 3.5 Minimum Lot Sizc 10,000 sq ft 7,500 sq ft 5,000 sq ft 5,000 sq ft Maximum Lot Size 11,500 sq ft 9,000 sq ft 6,250 sq ft 6,250 sq ft Minimum Lot Width 5-0- Nonc Minimum Setbacks Front 15ft 15ft 15ft 15ft Street side 15 ft 15 ft Side 5ft 5ft 5ft 5ft Rear 15 ft 15 ft 15 ft 15 ft Maximum Setbacks Front 241-ft eft eft 211-ft Street side 20-€1 2-0-ft 15 ft 4-5-ft Maximum Height -0-€t 35 ft Maximum Lot Coverage 70% a 80% 80% Minimum Landscape Area 31% 2_544, 20% 20% HA. Floor area. The maximum square footage of each dwelling unit within a quad development is 1,000 square feet. B. H •ght. Maximum heights are provided in Table 18.270.1. LG. Entrances. At least one main entrance to the quad must be either parallel to or offset no more than 45 degrees from €aee-a street property line. JD. Exterior staircases. Exterior staircases to the second story of a quad are prohibited. ICE. Windows. The minimum total area of all windows and doors on all quad facades is 12 percent. A minimum of 15 percent of the area of all street facing facades must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions,or transoms. Door area is the area of the portion of a door, other than a garage door, that moves and does not include the frame. Commentary Chapter 18.270 Quads The contents of this table were moved to earlier in the chapter. The entrance standards are updated to be more clear and objective. Updating window standards to match those for small form residential. 18.270.O50070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 528 380 square feet. The floor area of parking structures does not count toward this maximum. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the front setback. D. Accessory structures may be located within the side, street side,or rear setback provided they are a minimum of 5 feet from the side and rear property lines. Commentary Chapter 18.270 Quads Chapter 18.280 ROWHOUSES 18.280.010 Purpose The purpose of this chapter is to provide clear and objective standards for rowhouse development to meet the requirements of state law and Oregon Statewide Planning Goal 10. Rowhouse development has the following characteristics: A. The development consists of dwelling units that are attached and share common side walls; B. The rowhouses engage directly with the street through their placement and the location of their entrances; C. Off-street parking areas are efficiently designed with shared access and alley access where practicable to minimize the impact of accessways on the pedestrian realm;and D. The overall design emphasizes sustainable development patterns and climate resiliency. Rowhouses are a type of attached housing that share common side walls. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Rowhouse development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Accommodate incremental growth in neighborhoods while preserving residential quality of life; C. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; D. Encourage housing that allows residents to remain in their communities and neighborhoods as their needs change; and E. Facilitate more efficient use of land through smaller dwelling units. 18.280.020 Applicability A. The standards of this chapter apply to rowhouse development in the RES A,RES-B,RES-C, RES-D,RES-E, R 7, R 12,R 25,MUR-1, and MUR-2 zones. Additional standards apply in the River Terrace Plan District,as provided in Chapter 18.640,River Terrace Plan District. An applicant may elect to apply the standards of Chapter 18.230,Apartments, when proposing rowhouse development in base zones where apartment development is allowed. B. The standards of this chapter also apply to nonconforming rowhouse development in the R 1 through R 11.5 zones. In lieu of specific base zone standards, rowhouse development in these zones is subject to the R 7 zone standards. BE. Rowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. CD. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones. Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650, Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. 18.280.030 Compliance Application-Type Commentary Chapter 18.280 Rowhouses The purpose statement is updated to focus more on the characteristics of rowhouse development. This better explains the standards provided and helps with proposals for adjustments to standards. Rowhouse development requires a site development review application. Rowhouse development must comply with the clear and objective standards of Section 18.280.040 and all other applicable standards of this title. 18.280.040 Gcncral o....ViSi..n All lots approved for rowhouse development in the R 7,R 12,and R 25 zones through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than rowhouse development on the lot. This deed restriction cannot be removed except through a land development of other housing types. A rowhouse deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 18.280.040959 Clear and Objective Development Standards A. Unit countNumber of dwelling units.A rowhouse development must contain at least two dwelling units. There is no maximum number of dwelling units, except that in the RES-A through RES-C R 7 zones,the maximum number of dwelling units per grouping is 5. B. D .tv. Minimum and maximum densities are provided in Table 18.280.1. C. Lot width. Minimum lot widths are provided in Table 18.280.1. D. Setbacks. Minimum and maximum setbacks are provided in Table 18.280.1. B. Lot size and width. Dimensional lot standards are provided in Chapter 18.805 Lot Standards. Rowhouse development is not allowed on lots that do not meet the dimensional lot standards for the base zone. C. Development Standards. Development standards are provided in Table 18.280.1. Table 18.280.1 Development Standards for Rowhouses Standard RES-A and RES-C and RES-E MUR-1 MUR-2 RES-B RES-D Minimum Setbacks(ft) -Front 20 15 15 0 10 -Street side 20 15 10 5 10 -Side[11 5 5 5 5 5 -Rear 121 25 15 15 15 15 Maximum Setbacks(ft) -Front 20 20 20 20 20 Commentary Chapter 18.280 Rowhouses The city is not required under state law to allow quad development with the same level of review that is applied to small form residential. No alternative pathway is provided. The apartment standards may be used if more flexibility is desired. Because there is no alternative pathway, the standards are considered eligible for adjustments through the typical Type II process. The maximum grouping of units is 5 is some zones to promote compatibility and prevent oversized rowhouse development. To be eligible for rowhouse development, a lot must meet the minimum and maximum lot size standards. Most of these are the same as for small form residential. The standards in this table were moved from later in the chapter. -Street side 20 20 20 20 20 Maximum Height 35 35 45 75 45 Maximum Lot Coverage 80% 80% 80% 80% 80% Minimum Landscape Area 20% 20% 20% 20% 20% [1l This standard does not apply to a common wall lot line where the dwellinz units are attached. [21 There is no rear setback requirement when the rear property line abuts an alley. DE. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each rowhouse. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. 2. Access. Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access,or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920,Access, Egress, and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide,the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 dwelling units, except that each rowhouse grouping of three or more dwelling units may include 1 driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C. ii. The minimum width for a driveway is 15 feet,except that a single unshared driveway may be 10 feet in width. iii. The maximum width for a driveway is 18 feet, except that the maximum width for a single unshared driveway is 12 feet. iv. Driveways must be located a minimum of 18 feet apart to minimize vehicle conflicts with pedestrians.Distance between driveways is measured along the front property line. Figure 18.280.1 Access Configuration for Tandem Driveways Commentary Chapter 18.280 Rowhouses Rowhouse Rowhow a Rowhouse Rowtmie Rowbouse uwt ouie Rowhouse Rowhc'u e Tandem Tameiern m Tandem 7anae Driveway Qriniern Drix-maY D'v vs'+y 5idewaIk 18" F'18'—Ar 18' W 0— 18" T5- ) STREET STREET b. Shared access. If access for all dwelling units in a rowhouse development is shared and off-street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each dwelling unit,the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. Figure 18.280.2 Access Configuration for Shared Access 7 H I I Off-street parking area Aawhause Rcwhouse kowhause Rowhouse Aowhouse Aowhouse Rowhause R*whause ■ ■ Shared I■ ■ Access 1 5 idewa kk -- 2O l STREET c. Alley access. If access is taken from an alley,the following standards apply: i. A maximum of one access is allowed for each dwelling unit. ii. The minimum paved width of an alley access is 10 feet. 3. Location. Off-street parking areas,including detached parking structures,must be located a minimum of 20 feet from any street property line, except alley property lines,where no minimum setback is required. 4. Parking structures. Parking structures in rowhouse developments are subject to the following: a. Detached parking structures must be located a minimum of 40 feet from a street property line where rowhouses provide main entrances. Commentary Chapter 18.280 Rowhouses b. The maximum size for a detached parking structure is 200 square feet per rowhouse served by the structure. c. The maximum height for a detached parking structure is 15 feet. 5. Screening. Screening of parking areas is not required,except that in the RES-A through RES-C R 7 zones,off-street parking areas provided at the side or rear of buildings and not in structures must be screened from adjacent properties to the S-3 standard,as provided in Table 18.420.2. The required screening must be provided on the same site as the development. L . Pedestrian access.Rowhouse developments of 5 or more dwelling units must provide a paved,accessible pedestrian path that connects the main entrance of each rowhouse to the following: 1. Sidewalks in the right-of-way abutting the site; 2. Common buildings such as laundry and recreation facilities; 3. Parking areas; and 4. Common open space and play areas. - --••- not apply to rowhouse development,with the exception of Sections 18.120.030 and 18.120.010. The following additional standards also apply: 1. The minimum landscape area standards are provided in Table 18.280.1. All required - • . . 2. A minimum of 15 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 10 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be spacing standards for the chosen trees. a. Street trees must be planted within the right of way wherever practicable. Street trees may be planted a maximum of 6 feet from the right of way when planting within the right of way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. F14. Waste collection Service areas. 1. Dumpsters are prohibited in rowhouse developments. Commentary Chapter 18.280 Rowhouses The landscaping and fencing standards are being removed because they are not compatible with rowhouse development. Removing the prohibition on dumpsters and expanding screening requirements to all service areas. 2. Waste collection and Sservice areas including but not limited to shared waste collection areas and utility cabinets must may not be located in required setbacks and must be screened to the S-1 standard, as provided in Table 18.420.2. Table 14 74/1 1 . . . 1 Standard 144 1-14 R 25 N4UR-1 MU-R-2 • 5,000 sq ft 2,500 sq ft 1,500 sq ft Minimum and maximum lot per unit per unit per unit size are determined by Maximum Lot Size 5,500 sq ft 2,750 sq ft 1,750 sq ft minimum and maximum per unit per unit per unit density. Minimum Lot Width 20-ft 2-0-ft 2.0-t Minimum Setbacks Front 15 ft 15 ft 15 ft Oft t Street side 40 't t -10-'t 5 ft t Side [1] 5ft 5ft 5ft 5ftt Rcar[2] 15ft 15ft 15ft 15ft 15ft Maximum Setbacks Front 2-0-ft 2-0-ft 20-€t 20-ft 20-€t Strcct side 20-ft 20t 2-8-ft 20-ft 2-121-ft Maximum Height 35t 35t 4-54t t 75 ft 4--5-ft Minimum Landscape Area 20% 20% 20%, Minimum Density 50 units per 25 units per Minimum and maximum density are acre ae e determined by minimum and maximum Maximum Density lot size. 50 units per None acre [1] This standard does not apply to a common wall lot line where the dwelling units are attached. A. H 'ght. Maximum heights are provided in Table 18.280.1. GB. Dwelling unit definition. Each dwelling unit must include at least one of the following on the street-facing facade: Commentary Chapter 18.280 Rowhouses The contents of this table were moved to earlier in the chapter. 1. A roof dormer that is a minimum of 4 feet in width, 2. A balcony that is a minimum of 2 feet in depth and accessible from an interior room, 3. A bay window that projects extends from the facade a minimum of 2 feet from the facade,or 4. Ali facade that is offset of the facade of a minimum of 2 feet in depth from the neighboring dwelling unit. HG. Main entrance. The main entrance of each rowhouse must face the street. If a rowhouse has more than one street property line,the entrance may face either street. ID. Porches. Each rowhouse in a grouping must include a porch that is a minimum of 48 square feet in area with no horizontal dimension less than 6 feet. A balcony on the same facade as the main entrance may substitute for a front porch,provided that the following are met: 1. The area of the balcony must be a minimum of 48 square feet, 2. The balcony must be a minimum of 8 feet in width, 3. The floor of the balcony must be a maximum of 15 feet above grade,and 4. The balcony must be accessible from the interior living space of the house. JB. Roofs.Roofs must be sloped,with a minimum pitch of 4/12 and a maximum pitch of 14/12, except that a roof may be flat if it meets one of the following: 1. The space on top of the roof is used as a deck or balcony that is no more than 150 square feet in area and is accessible from an interior room;or 2. The roof line includes a cornice that extends at least 6 inches from the facade and is a minimum of 12 inches in height. K . Exterior staircases.Exterior staircases to any story above the first story of a rowhouse are not allowed. L . Windows.A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window,including any interior grids,mullions,or transoms.Door area is the area ef-the portion of a door=other than a garage door=that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. 18.280.0500 Accessory Structures Accessory structures are allowed subject to the following standards: A. The maximum size of accessory structures is 528 square feet; B. The maximum height of accessory structures is 15 feet; C. Accessory structures are prohibited within the front setback; and D. Accessory structures may be located within the side or rear setback provided they are a minimum of 5 feet from the side and rear property lines. Commentary Chapter 18.280 Rowhouses Chapter 18.290 SMALL FORM RESIDENTIAL 18.290.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of small form residential development.Attached accessory dwelling units are considered small form residential development for the purposes of meeting the requirements of applicable state law and administrative rules. Small form residential development has the following characteristics: Single detached house diverse housing strategy and integrates well with other housing types of similar scale. A. It contains between one and three dwelling units on the same lot; B. The dwelling units are attached; C. The dwelling units may be newly constructed or converted from existing dwelling spaces; and D. The dwelling units may share utilities where allowed by the applicable service provider. 18.290.020 Applicability The standards of this chapter apply to single detached houses small form residential development-in residential zones and to primary dwelling units on lots with accessory dwelling units.Attached accessory dwelling units are considered small form residential development. 18.290.030 Compliance Smallform residential development must comply with the clear and objective standards of Section 18.290.040 and all other applicable standards of this title. 18.290.040080 Clear and ObiectiveDevelepment Standards A. Unit Count. 1. A maximum of 3 attached dwelling units are allowed per lot. 2. A maximum oft detached accessory dwelling unit is allowed per lot, subject to the standards of Chapter 18.220 Accessory Dwelling Units. The total maximum number of dwelling units on a small form residential lot is 3, including any detached accessory dwelling units. Detached accessory dwelling units are prohibited on lots with 3 small form residential dwelling units. B. Development standards. Development standards for single detached houses small form residential development are provided in Table 18.290.1. Table 18.290.1 Development Standards for Small Form Residentials Standard R4 RES-A R 3.5 RES-B RES-C RES-D and MUC-1 144 R4.5 R4 RESER12 and R 25 111 Commentary Chapter 18.290 Small Form Residential The purpose statement is updated to focus more on the characteristics of small form residential development. This better explains the standards provided and helps with proposals for adjustments to standards. Attached accessory dwelling units are allowed as a type of small form residential development. This type also is inclusive of duplexes and triplexes as defined by state law. This language is intended to provide a clear description of the number and configuration of units allowed. This table was updated to incorporate the new designations of zones, and to remove the density standard, which has been incorporated into the lot standards. Minimum Lot Size 30,000 20,000 10,000 7,500 5,000 3,050 cq e ; ft sq ft q ft q ft sq ft eq ft 0 g ft Minimum Lot Width 100 ft 100 ft eft 5-0-ft 5-0-ft 0-ft 0-ft Minimum Setbacks fftl -Front 0€t 20 3-0-ft €t 15 M 10 4-5-ft 10 0 ft-[2] -Street side 20-ft 20 ft 20 ft 15 ft 10 ft 10 ft 0€t-[2] -Side 5ft 5ft 5ft 5ft 5ft 5ft Oft -Rear 2-5-ft 25€t 4-5-€t 15€t 15 ft 15 ft Oft - Garage [3] 2-0-€t 20 ft M 20 ft 20 ft 20 ft 20€t Maximum Height 3-0-ft 30 ft 3-0-€t 30 ft 35 ft 35 ft 70 ft Maximum Lot Coverage None lie None None 80% 80% 90% 80% 80% Minimum Landscape None Nene Area [4] None 20%° None 20%o 20% 20% 10% 25 units Minimum Density 80%of maximum density per acre per unit, Maximum Density Calculated using the method provided in 18.10.130 per acre Minimum Parking 1 off-street vehicle parking space per lot house [5] [1] Development standards for small form residential development single detached houses and allowed accessory uses and structures in the RES-E R-2 zone apply only to lots with existing nonconforming development.New construction of small form residential development single detached houses is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. [2] The maximum front and street side setback is 20 feet. [3] The minimum garage setback applies to garages and carports.The minimum setback may be reduced to 0 feet where vehicle access is taken from an alley. [4] The minimum landscape area must be planted to the L-1 standard.Landscaping standards are provided in Chapter 18.420, Landscaping and Screening.Small form residential •_ - :- . •-. •.. :development is exempt from the general provisions of Section 18.420.030. [5] The minimum parking standard may be met with an on-street parking credit.On-street parking credit standards are provided in Section 18.410.090. CA. Entrances.Entrances The main entrance must meet the following standards: 1. The At least one entrance per development must be set back no further than 8 feet from the widest street-facing wall; and 2. The entrance used to meet this standard must be offset no more than 45 degrees from a line parallel to the front lot line. If the front lot is curved,the offset is measured from a line tangent to the midpoint of the front lot line. Commentary Chapter 18.290 Small Form Residential The standards are all provided in a single section now. Clarifying the entrance standard for developments with more than one unit. DB. Windows. A minimum of 12 percent of the area of all street-facing facades, excluding alley- facing facades,must include windows or doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the portion of a door, other than a garage door, that moves and does not include the frame. Garage doom designed for vehicle access may not be used to meet this standard. 1. Garage doors designed for vehicle access may not be used to meet this standard. 24. Windows in a garage door may be used to meet this standard. 32. A maximum of 2 percent of the required window area may be frosted glass. EE. Attached garages and carports. The purpose of these standards is to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.290.1.An All attached garages or carports must meet the following standards, except for garages or carports on flag lots or where vehicle access to the garage or carport is taken from an alley. 1. A garage door or carport entrance designed for vehicle access must may not be closer to the street property line than a facade that encloses living area along the same street frontage, except as follows: a. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living area if there is a covered front porch with no horizontal dimension less than 5 feet and the garage door or carport entrance does not extend beyond the roof of the porch, excluding gutters. b. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living area if there is a second story above the garage that includes a street- facing window with a minimum area of 12 square feet and a horizontal offset of no more than two feet from the plane of the garage door. 2. The total maximum width of all garage doors or carport entrances on a street facing facade is 12 feet or 50 percent of the total width of the street-facing facade,whichever is greater. The width of a garage door is measured from inside the garage door frame. Where more than one garage door is proposed,the width of each garage door is measured separately. See Figure 18.290.1. Figure 18.290.1 Garage Door Width Commentary Chapter 18.290 Small Form Residential .Property Line Building Garage I a I y L • . . . . . . . .� . . . . . .Y..r . . . STREET X: Width of garage door Width of street-facing facade 3. The total maximum width of all garage doors or carport entrances may be increased to 60 percent of the total width of the street-facing facade provided that a minimum of 7 detailed design elements from the list below are included on the street-facing facade with the garage door or carport entrance. a. Covered porch: a minimum depth of 5 feet,as measured horizontally from the face of the building wall,and a minimum width of 5 feet. b. Recessed entrance area: A minimum depth of 2 feet,as measured horizontally from the face of the building wall,and a minimum width of 5 feet. c. Wall offset: a minimum offset of 16 inches from one exterior wall surface to the other. d. Dormer: a minimum width of 4 feet that is integrated into the roof form. e. Roof eave: a minimum projection of 12 inches from the intersection of the roof and the building walls. f. Roof offset: a minimum offset of 2 feet from the top surface of one roof to the top surface of the other. g. Roof shingles: tile or fire-resistant roofing material. h. Roof design: gable roof,hip roof,or gambrel roof design. i. Roof pitch: a roof pitch of at least 500 square feet in area that is sloped to face the southern sky and has its eave line oriented within 30 degrees of the true north/south axis. j. Horizontal lap siding: a minimum visible lap width of 3 to 7 inches once installed. The siding material must be wood, fiber-cement,or vinyl to meet this standard. Commentary Chapter 18.290 Small Form Residential k. Accent siding:brick, cedar shingles, stucco,or other accent material that covers a minimum of 40 percent of the facade. 1. Window trim: a minimum width of 2.5 inches and a minimum depth of 5/8 inches around all windows. m. Window recess: a minimum depth of 3 inches, as measured horizontally from the face of the building wall, for all windows except where a bay window is proposed that meets the standard in Subparagraph 18.290.040.C.3.n. n. Window projection(e.g.,bay window): a minimum depth of 2 feet,as measured horizontally from the face of the building wall, and a minimum width of 5 feet. o. Balcony: a minimum depth of 3 feet and a minimum width of 5 feet that is accessible from an interior room. 18.290.050 Accessory Structures Accessory structures are allowed on all lots with single detached houses small form residential development subject to the following standards: A. The maximum size of accessory structures is 528 square feet on lots less than 2.5 acres and 1,000 square feet on lots 2.5 acres or larger; B. The maximum height of accessory structures is 15 feet; C. Accessory structures may not cause the lot to exceed the maximum lot coverage allowed in the base zone; D. Accessory structures are prohibited in the required front setback; and E. Accessory structures may be located in the required side, street side, or rear setback provided they are a minimum of 5 feet from the side, street side, or and rear property lines, except for garages and carports,which are subject to specific setback standards for the side of the structure designed for vehicle access, as provided in Table 18.290.1. Commentary Chapter 18.290 Small Form Residential Chapter 18.710 LAND USE REVIEW PROCEDURES 18.710.010 Purpose The purpose of this chapter is to establish a standard review procedure for land use applications. This chapter is intended to make the land use review process clear and understandable, to facilitate timely review by the city, and to enable the public to participate in the local land use decision-making process. 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Review Type Section ADU Accessory Dwelling Unit 18.220 I Adequate Public Facilities Exception MIS 18.640 II (inside River Terrace) Adjustment -Inside River Terrace Plan District 18.640 ADJ -Inside Downtown Tigard Plan District 18.650 II - Inside TMU zone 18.660 - Citywide 18.715 ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown Development Review 18.650 I, II (N/A) Extension 18.745 I, II MIS Historic Resource Designation or Alteration 18.750 II, III-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition I 18.820 II Commentary Chapter 18.710 Land Use Procedures Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana Facility Permit 18.430 I Modification MMD -Minor 18.765 I -Major II PDR Planned Development 18.770 II, III-PC SLR Sensitive Lands Review 18.510 I, II, III-HO SGN Sign Permit 18.435 I SDR Site Development Review 18.780 I, II SUB Subdivision 18.830 II SBP Sublot Plat 18.840 II-Modified TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation (inside TMU zone) 18.660 II R Urban Forestry Plan Modification or 18.420 I, III-HO, III- UF Discretionary Review PC Zoning Map Amendment III-PC ZON -Quasi-Judicial (site specific) 18.790 III-Modified, -Legislative(citywide) Legislative 18.710.030 General Provisions A. Pre-application conferences. A pre-application conference is required for all Type II and Type III applications, except for Home Occupations, Extensions,and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actions are exempt from a pre-application conference. 1. To request a pre-application conference,a prospective applicant must submit a pre- application request form,a brief description of the proposed uses, and a site plan. 2. When a pre-application conference is required,the prospective applicant must meet with the city for the purpose of identifying policies and regulations that relate to the proposed development,providing technical data and assistance that will aid the applicant,and identifying other opportunities or constraints that relate to the proposed development. 3. Failure of the Director to provide any of the information required by this chapter does not constitute a waiver of the standards, criteria,or requirements of the applications. Commentary Chapter 18.710 Land Use Procedures A new review type has been added for Sublot Plats. 4. Due to possible changes in applicable law,the facts and circumstances of the property, and the information developed during the review process and other factors,information provided by the city during the pre-application conference is not binding. Applicants are solely responsible for demonstrating compliance with all applicable standards. 5. The prospective applicant has one year from the date of the pre-application conference to submit a land use application for the proposed development. B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment(quasi judicial), conditional use, major modifications,planned development review, sensitive lands review(Type II and III), site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 1. The location of the meeting must be open to the public and accessible in compliance with the Americans with Disabilities Act. The facility must be located as close to the proposed development site as possible. 2. The meeting must be held in the evening on a Monday through Thursday. 3. The prospective applicant must provide a written and posted notice for the meeting. a. A written notice to the city's interested parties list and property owners within 500 feet of the proposed development site must be mailed not less than 2 weeks but no more than 4 weeks from the date of the meeting. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date,time and location of the meeting; and iv. A vicinity map that clearly identifies the property or properties included in the proposal. b. A notice must be posted at the proposed development site,not less than 2 weeks but not more than 4 weeks from the meeting date,in a location where the notice is visible from each street frontage. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date,time and location of the meeting; and iv. A vicinity map that clearly identifies the development site included in the proposal. c. The prospective applicant must complete an affidavit of mailing and posting of the notice. 4. At the meeting,the prospective applicant must: a. Read the"Statement of Purpose"letter provided by the city to the attendees; b. Present the proposal, including at least a site plan; c. Provide a handout with a contact name and phone number; and d. Provide a sign in sheet to document the names and addresses of all individuals who attend the meeting and take meeting minutes of all comments, concerns, and issues raised at the meeting. Commentary Chapter 18.710 Land Use Procedures 5. The affidavits,meeting minutes, and other meeting materials must be submitted to the city with the application. C. Application submittal. 1. Applications may be initiated by: a. All of the property owners,contract purchasers of the subject property,or any agent authorized to represent the property owners or contract purchasers. Easement holders are not considered owners for this section. If the subject property was divided without a partitioning or subdivision approval required by law at the time of the division, an application for approval of the land division may be filed by the owner,contract purchaser,or representative of one of the units of land created by the division; b. The Director; c. Tigard City Council; d. Tigard Planning Commission; or e. A public entity that has the right of eminent domain for projects the entity has the authority to construct. 2. Multiple applications for a single proposed development will be consolidated unless the applicant specifies otherwise in the application. A concurrent application review consolidates the review of multiple applications into a single review process. The applications will be processed using the highest review type required for any part of the proposed development. 3. The application must include,at a minimum,the following items. The Director may waive items listed if they are not applicable to the proposed application. a. Application form,including signature of the property owner or public agency initiating the application. b. Deed,title report,or other proof of ownership. c. Detailed and comprehensive description of existing site conditions and all existing and proposed uses and structures,including a summary of all information contained in any site plans. d. Narrative that demonstrates how the proposal meets all applicable approval criteria, regulations,and development standards. e. Site plans,landscape plans,grading plans,elevation drawings,preliminary plat,final plat,or similar to scale. f. Any other materials required by a specific land use application. g. Any required service provider letters,including,but not limited to, Clean Water Services,waste disposal company,or other entity. h. Any required studies or reports,including,but not limited to,a traffic impact analysis, wetland delineation report,or geotechnical report. i. Copy of any existing and proposed restrictions or covenants. j. Payment of all fees,based on the fee schedule in effect at time of submittal,as adopted by City Council. k. Copy of the pre-application conference notes,if applicable. Commentary Chapter 18.710 Land Use Procedures 1. Copy of the mailed neighborhood meeting letter,the mailing list,affidavits of mailing and posting,copy of the meeting sign-in sheets,meeting minutes,and any handouts provided at the meeting,including the site plan,if applicable. D. Application completeness. 1. When the application is accepted,the Director will review the application for completeness. If the application is incomplete,the Director will notify the applicant of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. 2. The application will be deemed complete upon the receipt of: a. All of the missing information; b. Some of the missing information and a written notice from the applicant that no other information will be provided; or c. Written notice from the applicant that none of the missing information will be provided. 3. If the applicant does not submit the missing information or provide written notice that no additional information will be provided,the application will be deemed void on the 181St day after submittal. E. Modifications of applications. A modification of application means the applicant's submittal of new information after an application has been deemed complete and prior to close of the record on a pending application that would modify a development proposal by changing one or more of the following components:proposed uses,operating characteristics,intensity, scale,or site layout,in a manner that requires the application of new criteria to the proposal or that would require a substantial change to the findings of fact. It does not mean a submittal of new evidence that merely clarifies or supports the pending application. 1. A Type I or Type II application may be modified up until the decision is issued. A Type II application that is appealed or Type III application may be modified up until the close of the record. 2. The approval authority will not consider any evidence submitted by the applicant that would constitute a modification of an application, as defined above,unless a new application is submitted for the modification. The modification constitutes a new application and restarts the 120-day clock for the application being modified. 3. Prior to the first public hearing or if a hearing is not required,the Director will have sole authority to determine whether an applicant's submittal constitutes a modification.After such a time,the hearing authority will make such determination. The determination on whether a submittal constitutes a modification is appealable only to the Land Use Board of Appeals and only after a final decision on the application is issued. F. Amended decision process. 1. The purpose of an amended decision is to provide the Director the ability to correct typographical errors, rectify inadvertent omissions,or make other minor changes that do not materially alter the decision. 2. The approval authority may issue an amended decision after the notice of fmal decision has been issued but before the appeal period has expired. Commentary Chapter 18.710 Land Use Procedures 3. The notice of an amended decision is the same as that which applies to a Type II procedure, as provided in Section 18.710.060. G. Withdrawal of an application. An application may be withdrawn prior to issuance of a decision. H. Re-submittal of application following denial. Applications that have been denied, excluding applications denied solely on procedural grounds,may not be resubmitted for the same or a substantially similar proposal unless one or more of the following are met: 1. Twelve months has passed since the denial became fmal; 2. Substantial changes are made to the application that resolve all findings for denial of the application; or 3. Standards and criteria relative to the findings of the original denial have changed. I. Receipt of submittals. Any submittals for which a deadline is provided for in this chapter must be addressed to the recipient department designated in the notice and actually and physically received by the designated recipient department on or before the close of business on the due date, except that if the due date falls on a state or federal holiday, a regular weekday that the Community Development Department,or its successor,is not open for business,or a weekend,will be extended to the close of business on the next day that the department is open for business.Emails are considered received at the time shown on the city's email system. Submittals received after the deadline will not be considered or effective. J. Conformance with application.Unless provided otherwise in the decision,development must conform in all material respects to the approved application and submittals in support of the application. 18.710.040 Types of Reviews A. General. This section defines the review types and establishes the approval and appeal authority for each. B. Review types defined. There are four review procedure types: Type I, Type II, Type III,and Legislative. Table 18.710.1 contains the city's land use application types and associated review types. The review types are defined as follows: 1. Type I procedures apply to land use applications that are governed by clear and objective approval criteria or development standards that may require the exercise of professional judgment about technical issues only. Type I actions are decided by the Director without public notice and without a public hearing. 2. Type II procedures apply to land use applications that are governed by subjective approval criteria or development standards that may require the exercise of limited discretion. Type II actions are decided by the Director with public notice. If any party with standing appeals a Type II decision,the appeal of such decision will be heard by the Hearings Officer. 3. Type III procedures apply to land use applications that are governed by approval criteria that require the exercise of discretion and judgment and about which there may be broad public interest. Type III applications are decided by the Hearings Officer(Type III-HO) or the Planning Commission(Type III-PC)with appeals to the City Council. Type III-Modified are decided by the City Council with a recommendation from the Planning Commission. Commentary Chapter 18.710 Land Use Procedures 4. Legislative actions involve the establishment and modification of land use plans,policies, and regulations. The Legislative procedure includes two public hearings;the first by the Planning Commission and then by the City Council. The hearings provide opportunities for public comment and input on actions that may affect large areas of the city. C. Approval and appeal authorities. The approval and appeal authorities for each review type are provided in Table 18.710.2. The decision of the appeal authority is the city's fmal decision. Parties with standing may appeal the city's final decision to the Oregon Land Use Board of Appeals. Table 18.710.2 Review Types and City Appeal Authorities Review Type Approval Authority Appeal Authority Type I Community Development Director None/Land Use Board of Appeals Type II Community Development Director Hearings Officer Type H-Modified Community Development Director Hearings Officer 111 Type III-HO Hearings Officer City Council Type III-PC Planning Commission City Council Type III-Modified City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission Legislative City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission 111 Appeal procedures are subject to the provisions of ORS 197.375 in addition to the procedures of this Chapter. D. Determination. The Director will determine the most appropriate review type for land use applications or actions requested. The Director determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. E. Notice. 1. A failure of any person to receive actual notice that was mailed does not invalidate the decision or action. In all other cases, failure to receive notice or irregularities in providing notice is grounds for invalidation only if the party demonstrates substantial prejudice. The city may require re-notification,grant a continuance, or take other actions to avoid prejudice without requiring that a new application be filed. 2. The city may provide notice in excess of the minimum requirement. 3. Public notices required by this section will be sent to the names and addresses of owners as shown on the current Washington County property tax records. The boundary of the subject property includes all contiguous property under the same ownership of as the subject property. All notices will be deemed delivered on the date the notice is deposited in the U.S.Mail or personally delivered,whichever first occurs. Commentary Chapter 18.710 Land Use Procedures The appeal process for Sublot Plats is slightly different under state law. F. Burden of proof and procedural error. 1. Unless expressly provided otherwise in this title or by law,the applicant has the burden of proof to demonstrate compliance with all applicable criteria and standards,including on appeal. 2. Unless expressly identified as jurisdictional,failure to comply with a provision of this chapter invalidates an action only if the person alleging the error demonstrates that the error occurred and that person's substantial rights have been prejudiced. G. Remanded and withdrawn decisions. The approval authority for a remanded or withdrawn decision will be the approval authority from which the appeal to the Land Use Board of Appeals was taken,except that in voluntary or stipulated remands,the City Council may decide that it will hear the case on remand. 18.710.050 Type I Procedure A. Decision requirements. The Director will approve,approve with conditions,or deny the requested application or action based on the applicable approval criteria and development standards. B. Final decision. The Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision is not appealable locally and is the final decision of the city. C. Effective date. The Director's decision is effective on the day after it is final. 18.710.060 Type II Procedure A. Notice of application. The purpose of such notice is to provide nearby property owners and other interested parties with an opportunity to submit written comments concerning the application, prior to issuance of the decision. The goal of this notice is to invite parties of interest to participate early in the review process. 1. Prior to making a decision,a notice of application must be mailed to: a. All owners of record within 500 feet of the proposed development site; b. City's interested parties who have requested to receive notice of all land use notices; c. Any city-recognized neighborhood group or community organization whose boundaries include the proposed development site; and d. Any governmental agency that is entitled to notice. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of application must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; Commentary Chapter 18.710 Land Use Procedures c. List of criteria and development standards applicable to the application; d. Include the name and telephone number of the city contact person to obtain additional information; e. A statement that the city will consider written comments submitted prior to the issuance of the decision and the place,date,and time that comments are due; f. Indicate that all evidence relied upon by the approval authority to make this decision is contained within the record and is available for public review. Copies of this evidence may be obtained from the Director; g. Indicate that after the comment period closes, the approval authority will issue a decision; and h. Contain the following notice: "Notice to mortgagee,lienholder,vendor,or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." B. Decision requirements. The approval authority will approve,approve with conditions,or deny the requested application based on the applicable approval criteria and development standards. C. Notice of decision. 1. Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is signed by the approval authority. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of decision must include: a. An explanation of the decision,including case number; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; c. A statement that the complete case file is available for review,including when and where the case file is available and the name and telephone number of the city contact person to obtain additional information; d. The date the decision will become final,unless appealed; e. A statement that any person entitled to notice or who are adversely affected or aggrieved by the decision may appeal the decision; and f. A statement briefly explaining how an appeal may be filed,the deadline for filing an appeal, and a reference to where further information about filing an appeal can be obtained. D. Final decision and effective date. A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed. 18.710.070 Type ll-Modified Procedure Commentary Chapter 18.710 Land Use Procedures All applications subject to the Type II Modified review will follow the procedures provided in Section 18.710.060, Type II Procedure, modified as provided in ORS 197.360 through 197.380 and as follows: A. Pre-application conferences are recommended, but the pre-application conference requirements of Subsection 18.710.030.A do not apply. B. The neighborhood meeting requirements of Subsection 18.710.030.B do not apply. 18.710.080070 Type III Procedure A. Notice of hearing. 1. A notice of hearing must be provided as follows: a. At least 20 days prior to the hearing date,a notice of hearing must be mailed to: i. The applicant and all owners or contract purchasers of record of the proposed development site; ii. All property owners of record within 500 feet of the proposed development site; iii. City's interested parties who have requested to receive notice of all land use notices; iv. Any city-recognized neighborhood group and community organizations whose boundaries include the proposed development site; v. Any affected governmental agency that is entitled to such notice; and vi. In actions involving appeals,the appellant and all parties to the appeal. b. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. c. At least 14 days prior to the hearing date, a notice of the hearing must be posted on the proposed development site by the applicant.An affidavit of posting such notice must be prepared by the applicant and submitted as part of the record. 2. A mailed notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time,and location of the hearing; f. State the failure to raise an issue at the hearing, in person,or by letter, or failure to provide statements or evidence sufficient to afford the approval authority an opportunity Commentary Chapter 18.710 Land Use Procedures The Type II-Modified procedure is specifically for Sublot Plats and incorporates the requirements of state law. It also removes certain local requirements that are not necessary. to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue; g. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; h. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and that a copy may be provided at a reasonable cost; i. Include a general explanation of the requirements for submittal of testimony and the procedure for conducting hearings; and j. Contain the following notice: "Notice to mortgagee,lienholder,vendor,or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." 3. A posted notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time,and location of the hearing; f. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; and g. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing,and that a copy may be provided at a reasonable cost. B. Hearing requirements. Hearings before the appropriate approval authority, as provided in Table 18.710.2,will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.110-N9. C. Decision requirements. The approval authority will approve,approve with conditions,or deny the requested application based on the applicable approval criteria and development standards. D. Notice of decision.Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is filed by the approval authority with the Director. The notice must be provided in compliance with Paragraphs 18.710.060.C.2 and 3. E. Final decision and effective date. The decision of a Type III application is final for purposes of appeal on the date the notice of decision is mailed. The decision is effective on the day after the appeal period expires,unless an appeal is filed. 18.710.090080 Type III-Modified Procedure Commentary Chapter 18.710 Land Use Procedures All applications subject to the Type III-Modified review will follow the procedures provided in Section 18.710.080979,except that the approval authority may remand the decision to the recommending body. 18.710.100990 Appeals A. Filing an appeal.A Type II or III decision may be appealed as follows: 1. The following parties have standing to appeal a decision: a. The applicant; b. For appeals of a Type II decision,any person who is adversely affected or aggrieved or who was entitled to written notice of the Type II decision; and c. Any party,who demonstrates that the person participated in the proceeding through the submittal of written or verbal testimony. 2. An appeal must be filed with the Director within 15 days of the date the notice of decision was mailed. 3. An appeal must include: a. The date and case file number of the decision being appealed; b. Documentation that the person filing the appeal has standing to appeal; c. A detailed statement describing the basis of appeal; and d. Payment of the required fee,based on the fee schedule in effect at time of submittal, as adopted by City Council. The fee is established by the Director. The maximum fee for an appeal hearing is the cost to the local government for preparing and for conducting the hearing, or the statutory maximum,whichever is less. Failure to timely pay the required fee is a jurisdictional defect. B. Procedure for Type II and III appeals. 1. All appeals must provide notice of hearing in compliance with Type III notice requirements,as provided in Subsection 18.710.080070.A. 2. Appeal hearings before the appropriate appeal authority,as provided in Table 18.710.2, will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.110499. 3. Appeal hearings are de novo. A de novo hearing allows for the presentation of new evidence,testimony,and argument by any party. The appeal authority will consider all relevant evidence,testimony,and argument that are provided at the hearing by the appellant or any party. The scope of the hearing is not limited to the issues that were raised on appeal. 4. The decision of the appeal authority is the final local decision and is final and effective on the date the decision is mailed. 18.710.110100 Quasi-Judicial Hearings A. Procedures. The following procedures apply to all quasi-judicial hearings: Commentary Chapter 18.710 Land Use Procedures 1. At the commencement of the hearing, a statement will be made to those in attendance that: a. Lists the applicable substantive criteria; b. States that testimony and evidence must be directed toward the relevant approval criteria described in the staff report, or other criteria in the plan or land use regulation that the person testifying believes to apply to the decision; and c. States that failure to raise an issue with sufficient specificity to afford the approval authority and the parties an opportunity to respond to the issue,precludes an appeal to the Land Use Board of Appeals on that issue and that failure of the applicant to object to a condition of approval may preclude an action for damages in circuit court. 2. Parties to a quasi-judicial hearing are entitled to an impartial hearing authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible. It is recognized,however,that the public has a countervailing right of free access to public officials;therefore: a. Hearing authority members must disclose the substance of any pre-hearing ex parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member must state whether the contact has impaired the impartiality or ability of the member to vote on the matter and provide the parties the right to rebut the substance of the communication. The member will participate or abstain accordingly. b. Any member of the hearing authority may not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: the member or member's spouse,brother, sister,child,parent,father-in-law, mother-in-law, or partner; any business in which the member is then serving or has served within the previous 2 years;or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment.Any actual or potential interest must be disclosed at the meeting of the hearing authority where the action is being taken. c. Disqualification of a hearing authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote. d. If all members abstain or are disqualified,the administrative rule of necessity will apply.All members present who declare their reasons for abstention or disqualification will thereby be re-qualified to act. e. In cases involving the disqualification or recusal of a Hearings Officer,the city will provide a substitute Hearings Officer in a timely manner subject to the above impartiality rules. 3. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony. The local hearing authority may grant such request by continuing the public hearing in compliance with Subparagraph 18.710.1104-00.A.4.a or by leaving the record open for additional written evidence or testimony as provided in Subparagraph 18.710.110408.A.4.b. 4. If the hearing authority grants a continuance,the hearing will be continued to a date,time, and place certain at least 7 days from the date of the initial evidentiary hearing. An opportunity Commentary Chapter 18.710 Land Use Procedures will be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request,prior to the conclusion of the continued hearing,that the record be left open for at least 7 days,to submit additional written evidence or testimony for the purpose of responding to the new written evidence. 5. If the hearing authority leaves the record open for additional written evidence or testimony,the record must be left open for at least 7 days. Any participant may file a written request with the city for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed,the hearing authority must reopen the record in compliance with Paragraph 18.7101104-00.A.5. a. A continuance or extension granted is subject to the limitations of ORS 227.178, unless the continuance or extension is requested or agreed to by the applicant; b. Unless waived by the applicant,the city will allow the applicant at least 7 days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant's final submittal will be considered part of the record but may not include any new evidence. B. The record. 1. The record contains all testimony and evidence that is submitted and not rejected. 2. The hearing authority may take official notice of judicially cognizable facts in compliance with the applicable law. If the hearing authority takes official notice,it must announce its intention and allow the parties to the hearing to present evidence concerning the fact. 3. The hearing authority must retain custody of the record as appropriate,until a final decision is rendered. 4. When a hearing authority re-opens a record to admit new evidence,arguments, or testimony, any person may raise new issues that relate to the new evidence, arguments,or testimony,or criteria that apply to the matter at issue. C. Ex parte communications. 1. Members of the hearing authority may not: a. Communicate,directly or indirectly,with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to rebut the substance of the communication; or b. Take notice of any communication,report,or other materials outside the record prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the materials so noticed. 2. No decision or action of the hearing authority will be invalid due to ex parte contacts or bias resulting from ex parte contacts with a member of the approval authority if the member of the approval authority receiving contact: a. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and b. Makes a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing Commentary Chapter 18.710 Land Use Procedures following the communication where action will be considered or taken on the subject to which the communication is related. 3. Members of the hearing authority are subject to the provisions of ORS 244 and the provisions of this section. 4. A communication between city staff and the hearing authority is not considered an ex parte contact. D. . Presenting and receiving evidence. 1. The hearing authority may set reasonable time limits for oral presentations and may limit or exclude cumulative,repetitious,irrelevant, or personally derogatory testimony. 2. Oral testimony will not be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing,but only in compliance with the schedule and procedure announced by the hearing authority prior to the close of the public hearing,or as otherwise provided by this section. 18.710./20140 Legislative Procedure Legislative actions typically involve adoption of an ordinance. In addition to any requirements imposed by the city charter,the following procedures apply. In the event of a conflict,the charter governs. A. Notice of hearing. 1. All Legislative applications require two hearings,one before the Planning Commission and one before the City Council. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. B. Hearing process and procedure. Unless otherwise provided in the rules of procedure adopted by the City Council,the presiding officer of the Planning Commission and of the City Council have the authority to: 1. Regulate the course, sequence,and decorum of the hearing; 2. Dispose of procedural requirements or similar matters; and 3. Impose reasonable time limits for oral presentations. C. Continuation of the public hearing. The Planning Commission or the City Council may continue any hearing and no additional notice is required if the matter is continued to a date,time and location certain. D. Adoption process and authority. 1. The Planning Commission may: a. After the public hearing, formulate a recommendation to the City Council to adopt, adopt with modifications,adopt an alternative,or deny the Legislative application;and b. Within 14 days of determining a recommendation,the written recommendation must be signed by the presiding officer of the Planning Commission and filed with the Director. 2. The City Council may: Commentary Chapter 18.710 Land Use Procedures a. Adopt, adopt with modifications, adopt an alternative,deny,or remand to the Planning Commission for rehearing and reconsideration on all or part of the Legislative application; b. Consider the recommendation of the Planning Commission,however,it is not bound by the Planning Commission's recommendation; and c. Act by ordinance, which must be signed by the Mayor after the City Council's adoption of the ordinance. E. Vote. 1. A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for adoption,adoption with modifications, adoption of an alternative,or denial. 2. The concurrence of a majority of the members of the City Council present and voting, when a quorum is present,is necessary to decide and question before the City Council. F. Notice of decision.Notice of decision must be mailed within 7 days after the decision is filed with the Director to all persons who testified orally or in writing. G. Final decision and effective date. The decision of a Legislative application is final and effective on the date specified in the enacting ordinance. 18.710.130i2O Special Procedures A. Expedited land divisions. The expedited land division(ELD)procedure provides an alternative to the standard procedures for some land divisions. The applicant may choose to use the ELD process if the land division request meets all of the elements specified in ORS 197.360. The steps of this procedure are in ORS 197.365 through 197.375. The application submittal requirements are provided in Section 18.710.030. B. Limited land use decisions.A limited land use decision(LLD)is defined and may be used in the manner set forth in ORS 197.015(12). 1. An applicant who wishes to use an LLD procedure instead of the regular procedure type assigned to it,must request the use of the LLD at the time the application is filed,or forfeit their right to use it; 2. An LLD will be reviewed in compliance with ORS 197.195. The city will follow the city's Type II procedure,as provided in Section 18.710.060, except to the extent otherwise required by applicable state law. C. Affordable housing developments.Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete,provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwelling units; 2. At least 50 percent of the dwelling units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County, or for the state,whichever is greater; and Commentary Chapter 18.710 Land Use Procedures 3. The development is conditioned on the recording of a covenant appurtenant,prior to the issuance of a certificate of occupancy, that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.710.130120.C.2,except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. Commentary Chapter 18.710 Land Use Procedures Chapter 18.780 SITE DEVELOPMENT REVIEWS 18.780.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for ensuring compliance with the standards and provisions of this title that effectively coordinates the city's land use and development review functions. 18.780.020 Applicability A. This chapter applies to development that requires site development review,the following type;, of development, except as provided in Subsections 18.780.020.B and C below__ 1. Apartments, 2. Cottage clusters, 3. Courtyard units, /I. Mobile home parks, 5. Quads, 6. Rowhouses, 7. Wireless communication facilities,and 8. Nonresidential developments, including mixed use developments. B. This chapter does not apply to development that is specifically exempted from site development review by another chapter of this title. C. This chapter does not apply to development that requires or proposes review through the conditional use or planned development review process. 18.780.030 General Provisions A. Site development approval is required to develop a vacant site or to substantially redevelop an existing developed site. Substantial redevelopment is defined as a proposal that involves substantial changes to uses, structures, site improvements, operating characteristics,or original findings of fact. B. Site development approvals may be modified as allowed by Chapter 18.765,Modifications. 18.780.040 Approval Process A. The following types of development require a site development review application that is processed through a Type I procedure as provided in Section 18.710.050: 1. Apartments,and 2. Mobile home parks. B. The following types of development require a site development review application that is processed through a Type II procedure as provided in Section 18.710.060: 1. Cottage cluster development that meets the alternative standards of Section 18.240.060, 2. Courtyard unit development that meets the alternative standards of Section 18.250.060, Commentary Chapter 18.780 Site Development Review Clarifying the applicability to any use or development that points to this chapter. Because there are different levels of site development review because of the requirements of state law, this section is updated to specify that certain housing types covered by only clear and objective standards are processed through a Type I procedure. Non-residential development and alternative pathway approval of housing is processed through a Type II procedure. 3. Nonresidential development. 4. Mixed-use development.and 5. Wireless communication facilities subject to the standards of Section 18.450.040. A. Residential developments. 1. A site development review application is processed through a Type I procedure aJ provided in Section 18.710.050, when a transportation impact study is not required by Chapter 18.910, Improvement Standards. 2. A site development review application is processed through a Type II procedure as provided in Section 18.710.060, when a transportation impact study is required by Chapter 18910, Improvement Standards. B. Wireless communication facilities, and nonresidential developments.A site development review application is processed through a Type II procedure as provided in Section 18.710.060. 18.780.050 Approval Criteria The approval authority will approve or approve with conditions a site development review application when all of the criteria listed below are met. These criteria broadly reference all chapters in this title that contain standards that may apply to the development. The city will identify which standards are applicable through the land use review process and evaluate the proposed development accordingly. A. The proposed development complies with all applicable base zone standards; B. The proposed development complies with all applicable residential and nonresidential development standards; C. The proposed development complies with all applicable supplemental development standards, including but not limited to off-street parking and landscaping standards; D. The proposed development complies with all applicable special designation standards, including but not limited to sensitive lands protection; E. The proposed development complies with all applicable plan district standards and requirements; and F. The proposed development complies with all applicable street and utility standards and requirements. Commentary Chapter 18.780 Site Development Review Chapter 18.805 LOT STANDARDS 18.805.010 Purpose The purpose of this chapter is to provide standards for the creation or modification of lots. 18.805.020 Applicability The standards of this chapter apply to new lots that are created through a partition or subdivision and to existing lots that are reconfigured through a lot line adjustment or lot consolidation. Additional lot standards may apply to certain types of uses or development as provided in this title. 18.805.030 Residential Lot Standards A. Lot size. Dimensional standards for lots created or configured for residential development are provided in Table 18.805.1 for all zones where residential development is allowed. Commentary Chapter 18.805 Lot Standards This is a new chapter that incorporates density and lot standards scattered throughout the code. It is intended to apply to the creation of new lots and the modification of lots through a lot line adjustment or lot consolidation. Some development types are allowed on lots that do not meet the creation or modification standards. Others are not and those are specified in their development standards chapter. Table 18.805.1 Dimensional Standards for Residential Lots by Housing Type MUE-1 Standard RES-A RES-B RES-C RES-D RES-E MU-CBD MUC MUC-1 MUE and MUR-1 MUR-2 MUE-2 Minimum Lot Size(ft) Apartments 3,000 1,480 None None None None None None None Cottage Cluster 20,000 7,500 7,000 7,000 10,000 10,000 Courtyard Unit 20,000 7,500 7,000 7,000 8,000 8,000 Quad 10,000 7,500 5,000 3,000 None None Rowhouse 1,500 1,500 1,250 750 None None None None None Small Form Residential 20,000 7,500 5,000 3,000 Maximum Lot Size(ft) Apartments None None None None None None None None None Commentary Chapter 18.805 Lot Standards This table incorporates lot size and density standards from elsewhere in the code.There are some policy changes in this table that are required by state law, including lot size and width standards for middle housing that require that they be no more restrictive than the lot standards for small form residential. Cottage Cluster 32,499 32,499 32,499 32,499 32,499 32,499 M Courtyard Unit 25,999 125,999 25,999 25,999 25,999 25,999 illi Quad 11,500 9,000 6,250 6,250 5,000 5,000 Rowhouse 3,000 3,000 1,750 1,250 1,000 None 870 870 1,750 Small Form Residential 25,000 9,375 6,250 3,750 Minimum Lot Width(ft) Apartments None None None None None None None None None Cottage Cluster 75 50 50 None Er None None Courtyard Unit 75 50 50 50 None None Quad Lm..... Aiii 75 50 50 None None None Rowhouse 25 25 20 None 20 None 16 16 16 Small Form a �� Residential 100 50 50 None Is Commentary Chapter 18.805 Lot Standards B. Lot shape. Each lot for quad, rowhouse,or small form residential development must be rectilinear in shape with straight side lot lines at right angles to front lot lines,and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented must not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners,as measured using the process of Subsection 18.40.060.C. C. Lot frontage_Each lot must have a minimum of 40 feet of frontage on a public or private right- of-way, except for the following types of lots: 1. Flag lots and rowhouse lots must have a minimum of 15 feet of frontage on a public or private right-of-way; 2. Lots with curved frontages along cul-de-sacs or eyebrows must have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line; and 3. Lots at the terminus of a private street must have a minimum of 20 feet of frontage on a private right-of-way. D. Flag lots.Flag lots may only be created or configured through the provisions of Chapter 18.810,Lot Line Adjustments And Lot Consolidations or Chapter 18.820, Land Partitions. Flag lots are subject to the following: 1. The minimum lot width and depth of a flag lot is 40 feet and is measured as provided in Section 18.40.080,and 2. Any lot line may be designated as the front lot line provided that no side setback is reduced to less than 10 feet. 18.805.030 Nonresidential Lot Standards Dimensional standards for lots nonresidential or mixed-use lots created or reconfigured in commercial or industrial zones are provided in Table 18.805.2. Table 18.805.2 Dimensional Standards for Nonresidential Lots Zones C-N MUE-2 MUC Standard C-G C-P MUE MUR- MUR-1 MUE- I-P I-L 111 C-C 2 1 Minimum Lot 5,000 None 6,000 None None None None None None None Size(sq. ft.) Minimum Lot 50 50 50 50 None None None 50 50 50 Width (ft.) Commentary Chapter 18.805 Lot Standards These sections were moved from the various land division chapters and consolidated here with consistent language.Although they originally applied to any type of lot, perhaps inadvertently, now they are clearly only applicable to residential lots. The standards in this table were moved from elsewhere in the code.There are no policy changes as a result of this consolidation. Chapter 18.810 LOT LINE ADJUSTMENTS AND LOT CONSOLIDATIONS 18.810.010 Purpose The purpose of this chapter is to provide rules,regulations, and criteria governing approval of lot line adjustments and lot consolidations. 18.810.020 Approval Process A. Approval process.A lot line adjustment and consolidation application is processed through a Type I procedure, as provided in Section 18.710.050. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050048.G. 18.810.030 General Provisions A. Conditions. Lots reconfigured using the dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through a lot creation or modification process, other than a sublot plat. B. Exemptions from dedications.A lot line adjustment or lot consolidation is not considered a development action for purposes of determining whether special flood hazard area,greenway, or right-of-way dedication is required. 18.810.040030 Approval Criteria Preliminary Plat A. Approval criteria. The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: A4. The reconfiguration of lot lines must not result in the creation of an An additional lot. is not created by the lot line adjustment or lot consolidation, and the existing lot or lots are not reduced below the minimum lot size. 2. The reconfigured lots and existing structures comply with all applicable development standards. B . The reconfigured lots must comply with the following: lot standards as provided in Chapter 18.805 Lot Standards. a. Each lot intended for residential development must meet the density standards for the housing type proposed. b. The minimum lot width is met. The minimum lot width for residential and nonresidential development is provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. In the case of a flag lot,the minimum lot width and depth is'10 feet and is measured as provided in Section 18.'10.080. c. The minimum lot size is met. The minimum lot size for residential and Commentary Chapter 18.810 Lot Line Adjustments And Lot Consolidations Moved these provisions from elsewhere in this chapter and updated the language to me more clear. Clarifying language. All of these criteria are moved elsewhere. in 18.200 Residential Development Standards or 18.300 Nonresidential Development described in Section 18A0.080. d. Each lot intended for quad,rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.10.060.C. c. Each lot has a minimum of'10 feet of frontage on a public or private right of way, except for the following types of lots: i. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a public or private right of way; ii. Lots with curved frontages along cul de sacs or eyebrows have a minimum of the front lot line; and iii. Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right of way. f. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. g. Lots using the density and dimensional standards for cottage cluster, courtyard unit, development other than the type proposed with the lot line adjustment or consolidation application. This deed restriction cannot be removed except through another land division or lot line adjustment process. C. All pre-existing buildings and structures on the reconfigured lots must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. '1. With regard to flag lots: a. The applicant may determine the location of the front lot line,provided that no side setback is less than 10 feet. Structures must generally be located so as to maximize separation from existing structures. b. A sight obscuring fence must be provided along the property line of a lot where the paved access is located within 10 feet of an abutting lot. D�. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved lot line adjustment or lot consolidation. 6. Any access must comply with Chapter 18.920, Access, Egress, and Circulation. Commentary Chapter 18.810 Lot Line Adjustments And Lot Consolidations B. Exemptions from dedications.A lot line adjustment or lot consolidation is not considered a development action for purposes of determining whether special flood hazard area,greenway,or right of way dedication is required. 18.810.050940 Recording Lot Line Adjustments and Lot Consolidations A. Recording requirements. Upon approval of the proposed lot line adjustment or lot consolidation,the applicant must record the lot line adjustment or lot consolidation with Washington County and submit a copy of the recorded survey map to the city,to be incorporated into the record. B. Time limit. The applicant must submit the copy of the recorded lot line adjustment or lot consolidation survey map to the city prior to the issuance of any development permits on the re- configured lots. Commentary Chapter 18.810 Lot Line Adjustments And Lot Consolidations Chapter 18.820 LAND PARTITIONS 18.820.010 Purpose The purpose of this chapter is to provide rules, regulations, and standards governing approval of land partitions. 18.820.020 General Provisions A. Conformance with state statute.All Any application for a land partition proposals must comply be in compliance with all state regulations as provided in ORS Chapter 92, Subdivision and Partitions. B. Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero foot rise floodway,the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. CB. Prohibition on sale of lots. Sale of lots created through the land partitioning process is prohibited until the final partition plat is recorded. D. Conditions. Lots created using the dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another lot creation or modification process, other than a sublot plat 18.820.030 Approval Process A. Approval through two-step process. A land partition application is processed through a Type II procedure, as provided in Section 18.710.060. A land partition application requires a two-step process: the preliminary plat and the final plat 1. Preliminary plat.A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060. 2. Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050040.G. 18.820.040 Approval Criteria Pre/iminaryP/at The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: Commentary Chapter 18.820 Land Partitions Moved these provisions from elsewhere in this chapter and updated the language to me more clear. Making this language consistent with the language in Subdivisions. Clarifying the language. A. The proposed preliminary plat must comply with all applicable standards and provisions of this title and the Tigard Municipal Code;partition complies with all statutory and ordinance requirements and regulations; B. There must be afe adequate public facilities available to serve the proposed lots proposal; C. The proposed improvements meet city and applicable agency standards; CD. The proposed lots must comply with the following: lot standards as provided in Chapter 18.805 Lot Standards. 1. Each lot created for residential development must meet the density standard for the housing type proposed. 2. The minimum lot width is met. The minimum lot width for residential and nonresidential development is provided in the applicable development standards in Chapter 18.200, Residential Development Standards or Chapter 18.300,Nonresidential Development as provided in Section 18.0.080. 3. The minimum lot size is met. The minimum lot size for residential and nonresidential development is provided in the applicable development standards chapter in 18.200 Residential lot,the flag pole is not included in the lot area calculation as described in Section 18A0.080. /I. Each lot for quad,rowhouse,or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.10.060.C. 5. Each lot has a minimum of 10 feet of frontage on a public or private right of way, except for the following types of lots: a. Flag lots and rowhouse lots have a minimum of 15 feet of frontage on a public or private right of way; b. Lots with curved frontages along cul de sacs or eyebrows have a minimum of 20 lot line; and c. Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right of way. 6. All setback requirements are met. The setback requirements for residential and 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 7. Lots created using the density and dimensional standards for cottage cluster, courtyard development other than the type proposed with the partition application. This deed restriction cannot be removed except through another land division process. Commentary Chapter 18.820 Land Partitions These criteria are all moved elsewhere. New criterion to ensure compliance of existing buildings. D. All pre-existing buildings and structures must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. E. With regard to flag lots: 1. The applicant may determine the location of the front lot line,provided that no sido setback is less than 10 feet. 2. A sight obscuring fence must be provided along the property line of a lot where the paved access is located within 10 feet of an abutting lot. EE. Where a common drive is to be provided to serve more than one lot,a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved partition plat G. Any access must comply with Chapter 18.920, Access, Egress, and Circulation; and H. Where landfill or development is allowed within or adjacent to the special flood hazard area, the city will require the dedication of sufficient open land area for greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk,or trail with the special flood hazard area in compliance with the adopted trails plan or transportation plan. 18.820.050 Final Plat Submittal Requirements A. Submittal.All fmal plats applications for land partitions must provide three copies of the final plat prepared by a land surveyor or engineer licensed to practice in Oregon,and any necessary data or narrative. The fmal plat must incorporate any conditions of approval imposed as part of the preliminary plat approval. B. Standards. The final plat and data or narrative must be drawn to the standards provided in the Oregon Revised Statutes (ORS 92.05)and by Washington County. 18.820.060 City Acceptance of Dedicated Land A. Acceptance of dedications. The City Engineer will accept the proposed right-of-way dedication prior to recording a land partition. B. Acceptance of public easements. The City Engineer will accept all public easements shown for dedication on partition plats. 18.820.070 Recording Partition Plats A. Recording requirements. Upon approval of the proposed partition,the applicant must record the final partition plat with Washington County and submit a copy of the recorded survey map to the city, to be incorporated into the record. This plat must be recorded with any deed restrictions required as a condition of approval. B. Time limit. The applicant must submit the copy of the recorded partition survey map to the city prior to the issuance of any development permits on the newly created lots. Commentary Chapter 18.820 Land Partitions The sight-obscuring fence standard was deemed unnecessary and removed. Chapter 18.830 SUBDIVISIONS 18.830.010 Purpose The purpose of this chapter is to provide rules, rejulations, and standards jioverninj approval of subdivisions. A. To provide rules,regulations, and standards governing the approval of subdivisions; B. To carry out the development pattern and plan of the city; C. To promote the public health, safety, and general welfare; D. To lessen congestion in the streets, and secure safety from fire,flood,pollution, and other dangers; E. To provide adequate light and air,prevent overcrowding of land, and facilitate adequate provision for transportation,water supply, sewage,and drainage; and F. To encourage the conservation of energy resources. 18.830.020 General Provisions A. Approval through two step process. A subdivision application is processed through a two step process: the preliminary plat and the final plat. 1. The preliminary plat must be approved before the final plat can be submitted for approval; anEl 2. The fmal plat must reflect all conditions of approval of the preliminary plat. AB. Conformance with state statute. All subdivision proposals must comply with all state regulations as provided in ORS Chapter 92, Subdivisions and Partitions. BC. Lot averaging. Lot area or width may be reduced to allow lots less than the minimum applicable standard provided the average lot area or width for all lots in the subdivision is not less than that required. All lots created under this provision must be at least 80 percent of the minimum required lot area or width. CD. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as provided in Chapter 18.440,Temporary Uses. D . Minimize flood damage.All subdivision proposals must be consistent with the need to minimize flood damage. Eli. Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway,the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk,or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. L . Need for adequate utilities. All subdivision proposals must have public utilities and facilities such as sewer,gas,electrical, and water systems located and constructed to minimize flood damage. GM. Need for adequate drainage.All subdivision proposals must have adequate drainage provided to reduce exposure to flood damage. Commentary Chapter 18.830 Subdivisions The purpose statements here were deemed unnecessary and removed. Moved this language to the approval process. HI. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for subdivision proposals and other proposed developments that contain at least 50 lots or 5 acres (whichever is less). J. Adjustments. Adjustments to the subdivision regulations must be made in compliance with Chapter 18.715, Adjustments. The applications for subdivision and adjustment must be processed concurrently. 1K. Prohibition on sale of lots. Sale of lots created through the subdivision process is prohibited until the final subdivision plat is recorded. J. Prohibition on flag lots. The creation of flag lots through a subdivision is prohibited. K. Conditions. 1. Lots created using the dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another lot creation or modification process, other than a sublotplat 2. The approval authority may attach conditions that are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the city for the purpose of controlling access to adjacent undeveloped properties. 18.830.030 Approval Process A. Approval through two-step process.A subdivision application requires a two-step process: the preliminary plat and the final plat. 1. Preliminary plat.A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060.An application for a preliminary plat may be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770,Planned Developments. 2. Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval. A. App 1 process. A preliminary plat application is processed through a Type II procedure, as, provided in Section 18.710.060. An application for subdivision may also be reviewed concurrently - - - - - I . Developments. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.05004(4.G. 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria. The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: Commentary Chapter 18.830 Subdivisions Moved from earlier A4. The proposed preliminary plat must comply complies with all the applicable standards and provisions of this title and the Tigard Municipal Code : _ . . . •- applicable regulations; B2. The proposed lots must comply with the following: the lot standards as provided in Chapter 18.805 Lot Standards. a. All development standards are met. The development standards, including density development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. b. Each lot for quad, rowhouse, or single detached house development is rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.10.060.C. c. Each lot has a minimum of 10 feet of frontage on a public or private right of way, except for the following types of lots: i. Rowhouse lots have a minimum of 15 feet of frontage on a public or private right of way; ii. Lots with curved frontages along cul de sacs or eyebrows have a minimum of 20 feet of frontage on a public or private right of way as measured along the arc of the front lot line; and iii. Lots at the terminus of a private street have a minimum of 20 feet of frontage on a private right of way. d. Lots created using the density and dimensional standards for cottage cluster, prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another land division process. C . The proposed plat name is must not be duplicative and satisfies must satisfy the provisions of ORS Chapter 92; D4. The streets and roads are must be laid out so as to conform to the plats of subdivisions and partitions already approved for adjacent property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and E . An explanation has must be been provided for all common improvements. B. Conditions of approval. The approval authority may attach conditions that are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the city for the purpose of controlling access to adjacent undeveloped properties. Commentary Chapter 18.830 Subdivisions These criteria were moved elsewhere. This language was moved to general provisions. 18.830.050 ZeFe L of L : c Dcvclopmcnt A. Applicability. Zero lot line development regulations only apply to single detached houses in the v n 5 an,a n 7 B. Approval criteria. The approval authority will approve or approve with conditions an application for a zero lot line development when all of the following are met: 1. There must be a 10 foot separation between each dwelling unit or garage; 2. Dwelling units may not be placed on a lot line adjacent to a property that is not a part of the overall development; 3. The maximum lot coverage for zero lot line development may not exceed the maximum lot coverage standard; and /I. A 5 foot non exclusive maintenance easement must be shown on the site plan for each lot having a zero setback area: a. The easement must be on the adjacent lot and must describe the maintenance requirements for the zero lot line wall, or deed restrictions must be submitted with the preliminary plat that addresses the maintenance requirements for the zero setback wall of the detached dwellings; and b. The easement must be recorded with Washington County and submitted to the city with the recorded final plat prior to the issuance of any development permits within the development. 5. Deed restrictions must be recorded with Washington County that ensure that: a. The 10 foot separation between the residential structures will remain in perpetuity; and b. The 10 foot separation between the residential structures will be maintained free from any obstructions other than: i. The eaves of the structure, ii. A chimney that may encroach into the setback area by not more than 2 feet, iii. A swimming pool, iv. Normal landscaping, or v. A garden wall or fence equipped with a gate for emergency access and maintenance purposes. 6. Easements must be granted where any portion of the structure or architectural feature projects over a property line. 18.830.050960 Approval Criteria—Final Plat A final plat will be approved when all of the following are met: A. The final plat complies with the preliminary plat approved by the approval authority and all conditions of approval have been met; B. The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities; Commentary Chapter 18.830 Subdivisions This section was deemed unneeded and removed.Zero lot line development would still be allowed through Adjustments or the Planned Development process. Setbacks are better reviewed in a development approval, not a lot creation process. C. The streets and roads held for private use and indicated on the preliminary plat of such subdivision have been approved by the city; D. The plat contains a donation to the public of all common improvements,including but not limited to streets, roads,parks, sewage disposal,and water supply systems; E. An explanation is included that explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat; F. The plat complies with the applicable zoning ordinance and other applicable regulations; G. A certification by the appropriate water provider that water will be available to the lot line of each lot depicted on the plat or bond,contract,or other assurance has been provided by the applicant to the city that a domestic water system will be installed by or on behalf of the applicant to the lot line of each lot depicted on the plat. The amount of the bond, contract,or other assurance by the applicant must be determined by a registered professional engineer, subject to any change in amount as determined necessary by the city; H. A certificate has been provided by the city's engineering department that a sewage disposal system will be available to the lot line of each lot depicted in the proposed plat; I. Copies of signed deeds have been submitted granting the city a reserve strip as provided by Subsection 18.830.040.B; J. The plat contains a surveyor's affidavit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92[060] and indicating the initial point of the survey, and giving the dimensions and kind of such monument,and its reference to some comer established by the U.S. survey or giving two or more objects for identifying its location; K. The plat includes any deed restrictions imposed as a condition of approval; L. The plat includes all tracts and easements proposed by the applicant in the preliminary plat or imposed as a condition of approval; and M. All improvements have been installed in accordance with these regulations and with preliminary plat approval. 18.830.060070 Bond A. Performance guarantee required. The applicant must file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon that remains in force until the surety company is notified by the city in writing that it may be terminated; or 3. Cash. B. Determination of sum. The assurance of performance will be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs,including related engineering and incidental expenses. Commentary Chapter 18.830 Subdivisions C. Itemized improvement estimate. The applicant must furnish to the City Engineer an itemized improvement estimate,certified by a registered civil engineer,to assist the City Engineer in calculating the amount of the performance assurance. D. When applicant fails to perform. In the event the applicant fails to carry out all provisions of the agreement and the city has un-reimbursed costs or expenses resulting from such failure,the city may call on the bond,cash deposit,or letter of credit for reimbursement. E. Termination of performance guarantee. The applicant may not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the city. 18.830.070980 Filing and Recording A. Filing.Within 60 days of the city review and approval,the applicant must submit the final plat to the county for signatures of county officials as required by ORS Chapter 92 and Section 18.830.060. This plat must be recorded with any deed restrictions required as a condition of approval. B. Proof of recording.Upon final recording with the county,the applicant must submit to the city a mylar copy of the recorded final plat and a copy of recorded deed restrictions. This must occur prior to the issuance of development permits for the newly created lots. C. Prerequisites to recording the plat. 1. No plat will be recorded unless all ad valorem taxes and all special assessments, fees,or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92; 2. No plat will be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92. 18.830.080990 Plat Vacations A. Timing of vacations. Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision. B. Compliance with other provisions of this chapter. All applications for a plat vacation must be made in compliance with Sections 18.830.020 and 18.830.030 and Subsection 18.830.070.A. C. Basis for denial. The application may be denied if it abridges or destroys any public right in any of its public uses,improvements,streets,or alleys. D. Timing of vacations. All approved plat vacations must be recorded in compliance with this section: 1. Once recorded,the vacation will operate to eliminate the force and effect of the plat prior to vacation; and 2. The vacation will also divest all public rights in the streets, alleys,and public grounds, and all dedications laid out or described on the plat. E. After sale of lots.When lots have been sold,the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area. Commentary Chapter 18.830 Subdivisions Chapter 18.840 SUBLOT PLATS 18.840.010 Purpose The purpose of this chapter is to: A. Provide local rules, regulations,and standards for dividing a lot into sublots and tracts to meet the requirements of state law for middle housing land divisions; B. Provide a legal distinction between the primary lot and the sublots and tracts created by a sublot plat; C. Ensure adequate public facilities, including infrastructure for transportation,water supply, sanitary sewer,and stormwater; and E. Require adequate documentation of the ownership of shared lot elements and the associated responsibility for their maintenance. 18.840.020 Applicability A. Applicability. The provisions of this chapter apply to the platting of sublots and tracts on a lot containing or proposed to contain one of the following types of development: 1. Cottage Clusters, 2. Courtyard Units, 3. Rowhouses, 4. Small Form Residential,or 5. Accessory Dwelling Units. B. Prohibitions. Stacked dwelling units are prohibited from being divided using the provisions of this chapter. 18.840.030 General Provisions A. Conformance with state statute.All sublot plat proposals must comply with all state regulations. B. Resultant land units. The units of land created by a sublot plat are either sublots or tracts and are collectively considered to be a single lot for all but platting and property transfer purposes. All of the provisions of this title continue to apply to the lot and existing or future development on the lot, including but not limited to,the following: 1. Lot standards such as size, setbacks, lot coverage,and lot width and depth; 2. Designation of housing types on the lot; and 3. Allowed number of dwelling units. C. Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway,the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. Commentary Chapter 18.840 Sublot Plats This is a new chapter intended to implement the requirements of Senate Bill 458,allowing division of middle housing developments into smaller lots for the purpose of fee-simple property transfer. The process outlined in this chapter can only be used to divide certain types of development. An important distinction between a sublot and a lot is that a sublot only has legal status for the purpose of property transfer. They cannot create new lots for development.Collectively, the sublots are still considered part of the parent lot for the purposes of meeting development standards. D. Need for adequate utilities. All sublot plat proposals must provide adequate public utilities and facilities such as sanitary sewer, stormwater,gas, electrical,and water systems to each unit, subject to the standards of each utility provider,and the provisions of Sections 18.910.150 and 18.910.170. E. Need for adequate drainage.All sublot plat proposals must have adequate drainage provided to reduce exposure to flood damage. F. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for sublot plat proposals and other proposed developments that contain at least 50 units or 5 acres(whichever is less). G. Adjustments.Adjustments to sublot plat regulations must be made in compliance with Chapter 18.715,Adjustments.Any adjustment request must be processed concurrently with the sublot plat proposal. H. Prohibition on sale of lots. Sale of sublots created through the sublot plat process is prohibited until the final plat is recorded. I. Prohibition on further division. Further division of sublots is prohibited. 18.840.040 Approval Process A. Approval through two-step process. A sublot plat application is processed through a two-step process: the preliminary sublot plat and the final sublot plat. 1. Preliminary sublot plat. A preliminary plat application is processed through a Type II- Modified procedure,as provided in Section 18.710.070.An application for a preliminary sublot plat may be submitted: a. Concurrently with development permits or applications for site development review or planned development review; or b. At any time after a middle housing development has passed final building inspection or received permanent certificates of occupancy for all units proposed to be included in the sublot plat. 2. Final sublot plat. A final sublot plat may only be submitted after the preliminary sublot plat has been approved, and after all development permits have been issued and foundation inspections have been approved for all units proposed to be included in the sublot plat. The final sublot plat must satisfy all conditions of approval from the preliminary sublot plat approval. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G. 18.840.050 Approval Criteria—Preliminary Sublot Plat The approval authority will approve or approve with conditions an application for a preliminary sublot plat when all of the following are met: A. The proposed sublots and tracts must comply with the following standards: 1. Each sublot must contain only one dwelling unit. Commentary Chapter 18.840 Sublot Plats Sublot plats use a standard two-step process like other land divisions. Sublot plats can be processed concurrently with a proposed development or after it is completed. A sublot plat cannot be processed on a lot that does not have a permitted middle housing development. There are only a few criteria for the approval of a sublot plat, and they are all related to the provision in state law that specifies that the development must continue to comply with the middle housing code. As such, a set of standards are provided that ensure that required common areas for access, parking, courtyards, etc. are preserved in joint ownership while the units themselves are provided with their own distinct areas of private control and ownership, including the dwelling unit and a private outdoor area. 2. Each sublot line must be a minimum of 1.5 feet from the footprint of the associated dwelling unit,except where dwelling units share a common wall; and 3. Each sublot line must be a maximum of 3 feet from the footprint of the associated dwelling unit, except that a single sublot line along a side or rear facade of a unit may be located a maximum of 15 feet from the footprint of the dwelling unit along that facade for the purpose of providing a private outdoor area that meets the following: a. The area must be contiguous; b. The area must be 200 square feet or less,measured as shown in Figure 18.840.1; c. The area must not have any internal dimension of less than 5 feet; and d. The area must be accessible from a first-story entrance that is not the primary entrance to the dwelling unit. 4. All remaining portions of the lot must be placed in one or more tracts under common ownership. B. All utilities within a sublot that serve other sublots must be placed in easements. C. The proposed plat name must not be duplicative. Figure 18.840.1 Sublot Private Space Adjacent to Required Sublot Line Setbacks . Housing Unit I Sublot Line Setback from Footprint Allowed Additional Private Space 18.840.060 Approval Criteria—Final Sublot Plat A final sublot plat will be approved when all of the following are met: Commentary Chapter 18.840 Sublot Plats The final sublot plat criteria are related to the recording of the final sublot plat, and include a requirement that a mechanism for joint ownership and maintenance of common areas be recorded, similar to the provisions of a condominium plat as provided in ORS 100. A. The final sublot plat substantially conforms to the approved preliminary sublot plat and all conditions of approval have been met; B. The final plat includes the following: 1. A note prohibiting further division of the sublots; 2. Labels and descriptions for all tracts; 3. A reference to any deed restrictions imposed on the lot or sublots as a condition of approval of the original lot creation, sublot plat,or development approval; and 4. An affidavit by the surveyor who surveyed the land represented on the plat indicating the land was correctly surveyed and marked with proper monuments and indicating the initial point of the survey,and giving the dimensions and kind of each monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location. C. The city's engineering department has provided written confirmation that a sewage disposal system will be available to the sublot line of each sublot depicted in the final sublot plat; D. All public improvements have been installed and inspected in accordance with Section 18.910.190 and have been approved in accordance with Section 18.910.200. E. A copy of the recorded document establishing a homeowners association to manage all commonly held areas located in tracts has been provided to the city.At a minimum this document must include the following: 1. A description of the common elements located in tracts. 2. An allocation to each unit included in the sublot plat of an undivided and equal interest in the common elements and the method used to establish the allocation. 3. An establishment of use rights for common elements, including responsibility for enforcement, and 4. A maintenance agreement for common elements,including an allocation or method of determining liability for a failure to maintain. 18.840.070 Bond The bonding requirements of Section 18.830.060 apply. 18.840.080 Filing and Recording The filing and recording requirements of Section 18.830.070 apply. 18.840.090 Plat Vacations The plat vacation requirements and procedures of Section 18.830.080 apply. Commentary Chapter 18.840 Sublot Plats OMNIBUS AMENDMENTS 1.21.040 Director's Decision and Recommendation. The director will review and evaluate all Claims received and process the Claims consistent with ORS 195.312 and 195.314,supplemented by Tigard Municipal Code("TMC") 18.710.060.B,C,and D and 18.710.100090,except that appeal of the director's decision will be to the City Council. Following review and evaluation of the Claim,the director will: 1.22.120 Notice of Vested Rights Hearing. Notice of a vested rights hearing will be given as provided in TMC 18.710.080070.A, except that the reference to the Land Use Board of Appeals will be deleted. 8.04.030 City Board or Committee Decision Making Procedures. C. The City Board or Committee Decision Making Procedures will be consistent with the procedures in TCDC 18.710.080070. The review body will be the city board or committee so designated by the City Manager or designee. 8.12.020 General Provisions. A. The provisions of this chapter do not apply to residential developments in the RES A,RES-B, RES-C, and RES-D zonesR 1,R 2,R 3.5,R '1.5,R 7,and R 12 districts. 18.10.050 Zoning A. Base zones. All land within the City of Tigard is divided into zones. The use and development of land is limited by the base zone in which the land is located. The following base zones are established in the city: Table 18.10.1 Base Zones Zone Name Zone Abbreviation Parks and Recreation PR Residential Zones Residential 1 R 1 Residential A; RES-A R 2 Residential 3.5 R 3.5 Residential-B44 RES-B R '1.5 Commentary Omnibus Amendments The zones list is updated to incorporate the zone consolidation. Table 18.10.1 Base Zones Zone Name Zone Abbreviation Residential-CC RES-CR-7 Residential-D-1-2 ES-CR- Residential-D1-2 RES-D R 12 Residential-E23 RES-E R 25 Residential 110 R /10 Commercial Zones ..1 .. .r_ Neighborhood Commercial C-N Community Commercial C-C General Commercial C-G Professional/Administrative Commercial C-P Mixed-Use Central Business District MU-CBD Mixed-Use Employment MUE Mixed-Use Employment MUE-1 Mixed-Use Employment MUE-2 Mixed-Use Commercial MUC Mixed-Use Commercial MUC-1 Mixed-Use Residential MUR-1 Mixed-Use Residential MUR-2 Triangle Mixed Use TMU Industrial Zones Industrial Park I-P Light Industrial I-L Heavy Industrial I-H 18.30.010 List of Terms *** D— Dwelling Unit-Related Definitions: • Accessory Dwelling Unit • Apartments • Attached Commentary Omnibus Amendments • Cottage Cluster • Courtyard Units • Detached • Dwelling Unit • Manufactured Home • Quad • Rowhouse • Single Detached House •Small Form Residential • Tiny House —L— *** Lot-Related Definitions: • Corner Lot • Flag Lot • Front Lot Line • Interior Lot • Lot • Lot Area • Lot Averaging • Lot Consolidation • Lot Coverage • Lot Depth • Lot Line • Lot Line Adjustment • Lot of Record • Lot Width • Rear Lot Line • Side Lot Line •Street Side Lot Line •Sublot Plat • Tax Lot • Through Lot • Tract • Unit of Land Commentary Omnibus Amendments • Zero Lot Line 18.30.020 Definitions D. "D"defmitions. 4. "Density" -The intensity of residential land uses,usually stated as the number of dwelling units per acre or as the number of buildable lots per acre, in the case of small form residential development. See Section 18.40.130. 5. "Density bonus" -Additional dwelling units or lots that can be earned as an incentive for providing undeveloped open space,landscaping,or tree canopy as defined further in this title. 14. Dwelling unit-related definitions: b. "Accessory dwelling unit" -An additional dwelling unit on the same a lot with a primary dwelling unit or units. An accessory dwelling unit may be attached or internal to the primary dwelling unit,or it may be detached from the primary dwelling unit. For the purposes of this title, attached and internal accessory dwelling units are considered small form residential development attached accessory dwelling units and detached accessory dwelling units are considered accessory dwelling units. e. "Cottage cluster"-A group of small detached dwelling units located on a single lot or group of lots where common areas and parking are shared. f. "Courtyard units"-A group of small attached dwelling units located on a single lot or group of lots where common areas and parking are shared. h. "Manufactured home" -A structure that is permanently anchored to the ground, complies with the minimum requirements for permanent connection of electrical and plumbing systems, and meets all eee of the following: i. Constructed for movement on the public highways that has sleeping,cooking, and sanitation facilities and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction=s ii. Permanently anchored to the ground;andConstructed to the R 3 Tiny House standards of the Oregon Reach Code. iii. Complies with the minimum requirements for permanent connection of electrical and plumbing systems. j. "Rowhouse" -A type of attached housing that shares a common sidewall with one or more dwelling units,but excluding apartments,courtyard units,and quads.A rowhouse is considered the same as a townhouse within the meaning of state law. k. "Single detached house" - One dwelling unit, freestanding and structurally separated from any other dwelling unit or buildings other than an attached accessory dwelling unit, but excluding mobile homes,detached accessory dwelling units, and units in cottage cluster developments. 1. "Small form residential"-One single detached house or up to three attached dwelling units on the same lot, which as a whole are freestanding and structurally separated from any other buildings. Small form residential includes duplexes, triplexes, Commentary Omnibus Amendments Updated the definition of density given the move away from density as a consistent standard that applies differently in each zone.The focus is now on lot density for some housing types. Definition updated to specify that attached ADUs are permitted as small form residential. Removed some outdated references to the Oregon Reach Code and tiny houses. Clarifying that rowhouses meet the definition of townhouse under state law. and attached and internal accessory dwelling units within the meaning of state law. Small form residential does not include mobile homes, detached accessory dwelling units, or dwelling units in cottage cluster, courtyard unit,quad, or rowhouse developments. 1. "Tiny house" a recreational vehicle constructed to the R 5 Tiny House standards of the Oregon Reach Code. L. "L"definitions. 3. "Landscaping" -Areas primarily devoted to plants,including trees,shrubsplants, and groundcover,lawn with or without other natural or artificial landscaping elements such as ponds,fountains,lighting,benches,bridges,rocks,paths, sculptures,trellises, or screens. 7. Lot-related definitions: b. "Lot"-A legally defined unit of land,.other than a tracts that is the result of a land division. This definition is inclusive of the definitions of both lot(the result of subdividing) and parcel (the result of partitioning)provided by ORS 92. q. "Side lot line" -Any lot lineboundary that is not a front or rear lot line. A side lot line that abuts a street is a street side lot line. i "Street side lot line"-A side lot line that abuts a street s. "Sublot"-A unit of land resulting from a sublot plat A sublot is not considered a lot and is created solely for platting and property transfer purposes.Each sublot is considered part of the lot from which it was created and is not further divisible.Each sublot must contain only one dwelling unit. tr. "Tax lot"-Lot designation created by the county assessor for the purpose of levying property taxes.A unit of land created solely to establish a separate tax account is not considered lawfully established for development purposes. us. "Through lot"-A unit of land that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the unit of land. vt. "Tract" -A unit of land created and designated through a land division process for a specific purpose,including,but not limited to: stormwater management,creation of a private street or alley,tree preservation,protection of environmental resources,or provision of open space.A tract is not a lot, a lot of record, or a public right-of-way. we. "Zero lot line"-The location of a building or structure on a lot in such a manner that one or more of the building's sides rest directly on a lot line. R. "R"definitions. 1. "Recreational vehicles" -A vacation trailer or other unit,with or without motor power, which is designed for human occupancy and to be used temporarily for recreation or emergency purposes. The unit must be identified as a recreational vehicle by the manufacturer or be permitted as an R 5 tiny house under the provisions of the Oregon Roach Codo. Commentary Omnibus Amendments Removing references to tiny houses as they are no longer defined under the Reach Code. Creating a new specific definition for street side lot line instead of containing it in the side lot line definition. Creating a new definition for sublots created by new Chapter 18.840 Sublot Plats. 2. "Regulated affordable housing"-Housing units that are made affordable through public subsidies or statutory regulations that restrict or limit resident income levels, rents, or mortgages, including any ancillary fees. Regulated affordable housing must: a. Be subject to a local, state,or federal compliance agreement or contract with a minimum term of at least 20 years:and b. Be affordable to households at or below 80% median family income as defined annually by Housing and Urban Development(HUN for the Portland-Vancouver Metropolitan Statistical Area (MSA). 32. "Remodel"-An internal or external modification to an existing building or structure that does not increase the lot coverage. 44. "Reserve strip"-A strip of property usually one foot in width overlaying a dedicated street that is reserved to the city for control of access until such time as additional right-of-way is accepted by the city for continuation or widening of the street. 54. "Residence" - See"Dwelling unit." 65. "Roof'-The exterior surface and its supporting structure on the top of a building or structure. 18.40.030 Distances I. Measurement of distance between transit line and property. The distance between a transit line and a property is the shortest straight-line distance from the property lines and the edLe of the nearest right-of-way where fixed-route p_ublic transit service is provided. 18.40.070 Setbacks A. Setback measurement. Setbacks are measured from the corresponding property line unless otherwise stated. For example, a side setback is measured from a side property line. B. Setback averaging. The required setback may be reduced to the average of the existing setbacks of the lots that are on both sides of the site. See Figure 18/10.13.The following rules apply in calculating the average: 1. The setbacks used for the calculations must be for the same type of structure that is being 2. Only the setbacks on the lots that abut each side of the site and are on the same street may be used. Setbacks across the street or along a different street may not be used. setback of the occupied lot and the required setback for the base zone. Figure 18.10.13 Setback Averaging Commentary Omnibus Amendments This definition is adapted from the definition used in the SDC chapter. It is tied to the provisions for the nonconforming development but could be used in the future in other areas of the code that reference regulated affordable housing. Providing a clear definition of how distance to a transit line is measured. This is used for parking reductions for some housing types. Removing measurement for setback averaging, as it is not specified or allowed anywhere in the code. The same result can still be achieved through an adjustment or a planned development. ............ The normally required setback ////,The existing setback The averaged setback 1flTi I I I I C I dIP 74 [ kiJI i ,., F � k 1 -- �d lei : ! - STREET R- STREET i r Setback for lot B is the Set back for lot E is the Setback for lot H is the average of the existing average of the existing average of the existing setbacks for Tots A and C. setbacks for lot D and setbacks for lot G and the the required setback for required setback for lot Fl lot F. along the same street. 18.40.120 Detached Accessory Dwelling Units A. The square footage of a garage attached to a detached accessory dwelling unit is included in the square footage for the accessory dwelling unit, except that if an accessory dwelling unit is located above an existing detached accessory structure, such as a garage,the floor area of the portion of the building utilized as an accessory structure is not included in the calculation of square footage for the accessory dwelling unit. In this situation, the square footage limits for accessory structures and for accessory dwelling units remain in effect. 18.40.130 Residential Density A. . . . _ • . •• . - •. . . - - •. Residential density for apartments and-sift& detached house development. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net development area by the minimum number of square feet required for each lot or dwelling unit in the applicable base zone. The minimum and maximum density for apartments is provided in Table 18.230. B. Calculating minimum number of residential units for apartment and single detached house develo•went. The minimum number of residential units per net acre is calculated by multiplying the maximum number of units determined in Subsection 18.10.130.A by 80 percent. BC. Residential density for other housing types. Minimum and maximum residential density for cottage clusters, courtyard units, rowhouses, and quads, and small form residential development are determined by the minimum and maximum lot sizes provided in Chapter 18.805 Lot Standards and provided in the applicable development standards chapters for each housing type in Chapter 18.200. 18.50.020 General Provisions D. The regulations of this chapter apply to all nonconforming circumstances except the following: 1. Small form residential development Single detached houses in the MU-CBD zone. Commentary Omnibus Amendments Removing this provision allowing separate measurement of an ADU built over an existing garage. It was confusing for both applicants and staff and created a situation that encouraged development of oversized ADUs through a two-step process in some circumstances. Updating to clarify that lot standards and development standards are now the primary means of measuring density except for apartments. 18.50.040 Criteria for Nonconforming Situations A. Nonconforming lots. 2. If a lot does not meet the minimum lot size standard,the lot may: b. Be occupied by small form residential development a single detached house and accessory structures if located in a residential zone. C. Nonconforming development. 1. Where a lawful structure or development exists that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage,height,required parking, landscaping,or other requirements, such structure or development may remain and its use continued provided it remains otherwise lawful and complies with the following: b. If a nonconforming structure,development, or nonconforming portion of a structure or development is destroyed by any means to an extent of more than 60 percent of its current value as assessed by the Washington County assessor, reconstruction is prohibited except in conformity with this title. This prohibition does not apply to small for residential development tingle detached houses or regulated affordable housing that is destroyed by accident, such as by fire,flood, or earthquake;. If a nonconforming single reconstruction is allowed; and 18.120.030 Land Use Standards Table 18.120.1 Commercial Zone Use Standards M M C C M U U - - C C U- M M M E R Use Categories N C _ _ CB U U 1 1 [1 [1 GP D E 1 C an an ] ] [2] d d 2 2 Residential Use Category Residential Use RRR PIA A A A AA [3 [3 [3 ] ] ,4 ] Civic/Institutional Use Categories Basic Utilities [5] A A A A A A/ A/ A/ A/ A/ / / /C / / C C CCC C C C C Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards M M C C M U U - C C U- M U M E R Use Categories N C _ _ CB U _ U 1 1 [1 [1 G P D E 1 C an an ] ] [2] d d 2 2 Colleges PP P P 1 A C C CCC Community Services AAP P A C P ACC Cultural Institutions A A A AA A A A AP Day Care A A A A A A A A AA/ C [6] Emergency Services A A A A A A A A AP Medical Centers CCCCC C C CCC Postal Service A A A A A A A A AP Religious Institutions A A A A A A A A AC Schools PPP P A C C CCC Social/Fraternal Clubs/Lodges AA A A A A A A AC Temporary Shelter PP CPC P C CCC Commercial Use Categories Adult Entertainment PP CPP P P CPP Animal-Related Commercial PPPPP A A PPP Bulk Sales PP AP A A R RRP /P [8] [9] [9] [7 ] Commercial Lodging P P AAA A A AAP Custom Arts and Crafts RR P PR P P P P P [1 [1 [1 0] 0] 0] Eating and Drinking Establishments AA AR A A A A AR [1 [1 1] 2] Indoor Entertainment A A A A A A A A AP Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards M M C C M U U C C U- M U M E R Use Categories N C _ _ CB U _ U 1 1 [1 [1 GPDE C an an ] ] [2] d d 2 2 Major Event Entertainment PP CPC P C CPP Motor Vehicle Sales/Rental PP AP A P P RRP /C /P [1 [1 [1 [7 4] 4] 3] ] Motor Vehicle Servicing/Repair [15] CCAP CR R P PP [1 [1 [8] [8] 6] 6] Non-Accessory Parking CC A A A A A A AP Office A A A A A A A AAR [1 2] Outdoor Entertainment PP AAC P P CPP Outdoor Sales PP APP P P PPP Personal Services A A A A A A R A RR [8] [9] [1 2] Repair-Oriented Retail A A A A A A R R RP [8] [9] [9] Sales-Oriented Retail A A AR A A/ R A RR [1 / R [8] [9] [1 1] R [1 2] [1 8] 7] Self-Service Storage PP CP A P P P PP /P [7 ] Vehicle Fuel Sales CCCP A P C CCP /P Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards M M C C M U U - C C U- M M MER Use Categories N C _ _ CB U U U 1 1 [1 [1 GPDE C an an ] ] [2] d d 2 2 [7 ] Industrial Use Categories General Industrial PPPPP P P PPP Heavy Industrial PPPPP P P PPP Industrial Services PPPPP P P PPP Light Industrial PP P PP R P PRP [1 [1 5] 5] Railroad Yards PPPPP P P PPP Research and Development PP P PCR R PRP [1 [14 [1 4] ] 5] Warehouse/Freight Movement PPPPP R P PRP [1 [1 4] 4, 15 Waste-Related PPPPP P P PPP Wholesale and Equipment Rental PP P PP P P PRP [1 4, 15 ] Other Use Categories Agriculture/Horticulture PPPPP P P PPP Cemeteries PPPPP P P PPP Detention Facilities PPCPICP P P PP Heliports PPCCP P P PPP Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards M M C C M U U - - C C U- M M M E R Use Categories N C _ _ CB U U U 1 1 [1 [1 G P D E1 C an an ] ] [2] d d 2 2 Mining PPPPP P P P P P Transportation/Utility Corridors A A A A A A A A AA Wireless Communication Facilities [19] AA A AA A/ A/ Al Al Al / / /R / / R R R R R R R R R A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] See Section 18.120.040 for additional land use restrictions. [2] Uses with drive-through services that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed.All new uses with drive-through services are prohibited. [3] Residential uses are allowed on or above the second story of a mixed-use development where the first story contains an allowed commercial use. [4] Small form residential development A single detached house is allowed where it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. [5] Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed.Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [6] Family Day Care is allowed.Other Day Care uses are allowed conditionally. [7] Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed.All new uses are prohibited. [8] The maximum allowed gross floor area is 60,000 square feet per building or tenant. [9] The maximum allowed gross floor area is 60,000 square feet per use for uses proposed after the adoption of the MUC,MUE- 1,and MUE-2 zones. [10] The maximum area allowed for production is 500 square feet per building or tenant. [11] The maximum allowed combined area of Sales-Oriented Retail and Eating and Drinking Establishments is 20 percent of the gross floor area of the other uses allowed by right on the premises. [12] Uses must be within a mixed-use development.Uses may occupy a maximum of 50 percent of the total gross floor area within the mixed-use development only when minimum residential densities are met.Properties that were zoned commercial prior to March 28,2002 are exempt from this requirement.These properties,or lots created from these properties,may develop as a single-use commercial development.The tax assessor map numbers for exempt properties are as follows: 1S135AA-00400,1S135AA-01400, 1S135AA-01900, 1S135AA-01901, 1S135DA-02000,1S135AA-02500,1S135AA- 02600,1S135AA-02700, 1S135DA-01900,and 1S1DA-02000. [13] Sales or rental of heavy vehicles or farm equipment is allowed conditionally. [14] Uses allowed only as accessory uses to allowed uses where contained in the same structure and less than the gross floor area of the allowed use,except for Motor Vehicle Sales/Rental which is allowed as a primary use in specific locations as provided in Subsection 18.670.020.C. [15] All use activities must be contained inside a structure except for employee and customer parking. [16] Only motor vehicle cleaning is allowed. [17] The maximum allowed gross floor area is 60,000 square feet per building or tenant in all MU-CBD subareas except the 99W-Hall subarea as shown on Map 18.650.A. [18] The maximum allowed gross floor area is 30,000 square feet per building or tenant where the site is more than 3 acres in size.One additional square foot of floor area is allowed for each 4 square feet of floor area occupied or designed for an allowed use other than a Sales-Oriented Retail use. Commentary Omnibus Amendments [19] See Chapter 18.450,Wireless Communication Facilities,for a description of allowed and restricted facilities. 18.120.050 Housing Types D. All allowed housing types may be built on site or brought to the site as a manufactured home. Tiny houses are prohibited in all zones. Table 18.120.2 Conunercial Zone Housing Types MUE MUR Housing Types C-G C D MUE MUC-1 MUC 1 and 2 1 and 2 Accessory Dwelling Units N N N NY- L[1] L[1] L[1] (18.220) Cottage Clusters(18.210) N N N N N N Mobile Home Parks (18.260) N L[2] N Y L[3] L[3] L[3] Single Detached Houses L[1] N L[5] Y L[3] L[3] L[3] (18.290) ..1 .111111111111 Accessory Dwelling Units N N N Y L[1] L[1] L[1] (18.220) Apartments(18.230) N Y Y Y Y Y Y Cottage Clusters(18.240) NN N N N N Y Courtyard Units(18.250) N N N N N N Y Mobile Home Parks(18.260) N L/21 N Y L131 L131 L/31 Quads (18.270) N N N N N N Y Rowhouses (18.280) N Y L[5] Y L[3] L[3] Y Small Form Residential L/41 N L[51 N Ll31 L13/ L131 (18.290) Y=Yes,Allowed L=Limited, See Footnotes N=No,Prohibited [1] Accessory dwelling units are only allowed on sites with pre-existing small form residential development tingle detached houses. [2] Mobile home parks that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed.All new mobile home parks are prohibited. [3] Mobile home parks,small form residential-single detached houses,and rowhouses that were lawfully in existence prior to the adoption of the Washington Square Regional Center Plan District are allowed.Conversion of pre-existing mobile home parks,small form residential single detached houses,or rowhouses to other housing types or uses is subject to the requirements of Chapter 18.670,Washington Square Regional Center Plan District. [4] A single detached house Small form residential development is allowed where it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. Commentary Omnibus Amendments Removing reference to tiny houses as it is no longer needed. Updating table to simplify it. [5] Pre-existing small form residential single detached houses and rowhouses are allowed.All new small form residential single . • .. - and rowhouses are prohibited. 18.210.030 Exceptions to Setback and Height Standards B. Exceptions to minimum setbacks. 9. The front setback of the front facade of the primary structure may be reduced to the Garage setbacks may not be reduced. 18.260.040 Mobile Home Park Standards B. Other standards. 14. The maximum number of mobile homes in the park or subdivision is limited to the dwelling unit density for single detached houses number of lots that would be allowed to be created using the small form residential lot standards as provided in Chapter 18.805,Lot Standards.290, Single Detached Houses. 18.320.040 Development Standards • Table 18.320.1 Commercial Zone Development Standards for Nonresidential Development MUE-2 C-N and MUR-1 MUC an Standard and C- C-G C-P MUE MUR- MUE-1 C 2 [1] 11] Minimum Lot Sizc 5,000 sq 6,000 sq 0-sg41 ft ft Minimum Lot Width 5-0-ft SQ-€t 0 ft 0 ft 0 ft Minimum Setback(ft) -Front None 0 None 0 None 0 None 0 10-ft None 0 None 0-ft ft ft ft €t ft -Street side None 0 None 0 None 0 None 8 10t 5-ft None 0 ft ft ft ft ft 0 or 20 0 or 20 0 or 20 0 or 20 0 or 20 0 or 20 -Side ft [2] €t [3] ft [3] €t [3] , €t [3] ft [3] 0 or 20t [3] 0 or 20 0 or 20 0 or 20 0 or 20 0 or 20 0 or 20 -Rear ft [2] ft [3] ft [3] ft [3] ft [3] ft [3] O or 20 t [3] Commentary Omnibus Amendments Lot standards moved to new Chapter 18.805. Maximum Setback t -Front 20ft None or None None 20-ft 20-ft 204 10ft [4] -Street side 204 None or None None 20-ft 20-ft 2044 10ft [4] None 8 None 0 None 0 None 0 None 0 2 Minimum Heightat €t €t stories 2 stories Maximum Height. 354t 454t 45-ft 45-ft 60-t 75-ft 200-ft Maximum Lot 85% 85% 85% 80% 80% 80% 85% Coverage Minimum Landscape Area 15% 15% 15% 20% 20% 20% 15% Minimum FAR [5] None None None None 0.3 0.6 1.25 Maximum FAR [5] None None None 0.4 [6] None None None [1] See Chapter 18.670,Washington Square Regional Center Plan District,for additional development standards. [2] Minimum side and rear setbacks are 0 feet,except the minimum side and rear setbacks are 20 feet where the site abuts a residential zone. [3] Minimum side and rear setbacks are 0 feet,except the minimum side and rear setbacks are 20 feet where the site abuts a RES-A through RES-D an R 1 through R 12 zone. [4] There are no maximum front and street side setbacks,except maximum front and street side setbacks are 10 feet where the site is located within the Tigard Triangle Plan District.See Map 18.660.A. [5] The net development area,as defined in Section 18.40.020.A,is used to establish the lot area for purposes of calculating the floor area ratio(FAR).Residential floor area in mixed-use developments is included in the floor area calculation to determine conformance with FAR. [6] Commercial Lodging uses are not subject to this requirement. 18.330.040 Development Standards A. Base zone development standards are provided in Table 18.330.1. Table 18.330.1 Industrial Zone Development Standards for Nonresidential Development Standard 1 I-P I-L I-H Minimum Lot Width 5-0-ft 5-0-ft 5-04 Minimum Setbacks -Front 354t 304t 304 -Street side 204t 204t 20-t -Side [1] None 8-ft None 0-ft None 04t -Rear[1] None 0 ft None 0 ft None 0 ft Commentary Omnibus Amendments Lot standards moved to new Chapter 18.805. Table 18.330.1 Industrial Zone Development Standards for Nonresidential Development Standard I-P I-L I-H Maximum Height.fit 4541 4541 4541 Maximum Lot Coverage 75% [2] 85% 85% Minimum Landscape Area 25% [2] 15% 15% [1] Minimum side and rear setbacks are 0 feet,except the minimum side and rear setbacks are 50 feet where the site abuts a residential zone. [2] Maximum lot coverage may be increased to 80 percent and minimum landscape area may be reduced to 20 percent through a site development review or modification approval where the standards in Subsection 18.330.040.D are met. 18.410.040 General Design Standards F. Striping. 1. Except for parking required for small form residential single detached houses and accessory dwelling units,and individual spaces for rowhouses,all off-street parking spaces must be clearly and separately identified with pavement markings or contrasting paving materials; and 18.410.050 Bicycle Parking Design Standards C. Quantity. The total number of required bicycle parking spaces for each use is provided in Table 18.410.3. If the minimum bicycle parking requirement as calculated in Table 18.410.3 is less than two spaces,then the minimum number of spaces is two. Small form residential Single detached houses,accessory dwelling units,cottage clusters,courtyard units,quads,and rowhouses are exempt from minimum bicycle parking standards. 18.410.090 On-Street Parking Credit A. Applicability. The following uses may partially or fully meet off-street parking requirements using the on-street parking standards of this section: 1. Residential uses in the RES B,RES-C, and RES-D R 3.5,R 1.5,R 7, and R 12 zones; and Commentary Omnibus Amendments Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU-CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Vehicle Vehicle Vehicle Maximum Maximum Use Category Bicycle Minimum Minimum [1] (Zone A) [1] (Zone B) [1] Residential Use Categories-Category Group Living See applicable housing type development standards chapter in 18.200. The Residential Use residential component of a mixed-use development must use the parking Household-Living requirements for apartments. Civic/Institutional Use Categories Basic Utilities None None None None Colleges 1.0/5 1.0/3.3 1.0/3.3 1.0/3.0 students/staff students/staff students/staff students/staff Community Services 2.0/1,000 2.5/1,000 4.0/1,000 0.3/1,000 Cultural Institutions 2.5/1,000 3.5/1,000 4.5/1,000 1.0/1,000 Day Care Home: None Home: None Home: None Home: None Commercial: Commercial: Commercial: Commercial: 2.0/classroom 2.7/1,000 3.2/1,000 1.5/classroom Emergency Services 3.0/1,000 3.5/1,000 4.5/1,000 0.5/1,000 Medical Centers 2.0/1,000 2.7/1,000 3.2/1,000 0.2/1,000 Postal Services 2.5/1,000 3.0/1,000 4.5/1,000 0.3/1,000 Religious Institutions 1.0/3 seats in 1.0/1.7 seats in 1.0/1.3 seats in 1.0/20 seats in main main assembly main assembly main assembly assembly area area area area Schools Preschool: Preschool: Preschool: Preschool: 5.0+ 7.0+ 0.0+ 1.0/classroom 1.0/classroom 1.0/classroom 1.0/classroom Elementary/JR: Elementary/JR: Elementary/JR: Elementary/JR: 6.0/classroom 2.0/classroom 2.5/classroom 3.5/classroom SR: 6.0/classroom Commentary Omnibus Amendments The reference to Group Living is outdated.The code only considers one Residential use. Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU-CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Vehicle Vehicle Vehicle Maximum Maximum Use Category Bicycle Minimum Minimum [1] (Zone A) [1] (Zone B) [1] SR: 1.0/5 SR: 1.0/3.3 SR: 1.0/3.3 students/staff students/staff students/staff Social/Fraternal 10.0/1,000 main 12.0/1,000 main 14.0/1,000 main 2.0/1,000 main Clubs/Lodges assembly area assembly area assembly area assembly area Temporary Shelter 1.0/2.5 beds None None 1.0/5 beds Commercial Use Categories Adult Entertainment 2.5/1,000 3.5/1,000 4.5/1,000 0.5/1,000 1.0/3 seats 1.0/1.25 seats 1.0/2 seats 1.0/20 seats Animal-Related 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Commercial Bulk Sales 1.0/1,000 but no 1.3/1,000 2.0/1,000 0.3/1,000 less than 10 Commercial Lodging 1.0/room 1.2/room 1.4/room 1.0/10 rooms Custom Arts and Crafts 3.0/1,000 5.1/1,000 6.2/1,000 0.3/1,000 Eating and Drinking Fast food: Fast food: Fast food: All: 1.0/1,000 Establishments [2] 7.0/1,000 12.4/1,000 14.9/1,000 Other: 9.0/1,000 Other: 19.1/1,000 Other: 23.0/1,000 Indoor Entertainment 4.3/1,000 5.4/1,000 6.5/1,000 0.5/1,000 Theater: 1.0/3 Theater: 1.0/2.5 Theater: 1.0/2 Theater: 1.0/10 seats seats seats seats Major Event 1.0/3 seats or 1.0/2.5 seats or 1.0/2 seats or 1.0/10 seats Entertainment 1.0/6 ft of bench 1.0/5 ft of bench 1.0/4 ft of bench or 40 ft of bench Motor Vehicle 1.0/1,000 but no 1.3/1,000 but no 2.0/1,000 but no 0.2/1,000 sales area Sales/Rental less than 4 less than 4 less than 4 Commentary Omnibus Amendments Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU-CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Vehicle Vehicle Vehicle Maximum Maximum Use Category Bicycle Minimum Minimum [1] (Zone A) [1] (Zone B) [1] Motor Vehicle 2.0/1,000 but no 2.3/1,000 but no 2.6/1,000 but no 0.2/1,000 Servicing/Repair less than 4 less than 4 less than 4 Non-Accessory Parking None None None None Office Non-medical: Non-medical: Non-medical: Non-medical: 2.7/1,000 3.4/1,000 4.1/1,000 0.5/1,000 Medical: Medical: Medical: 5.9/1,000 Medical: 0.4/1,000 3.9/1,000 4.9/1,000 Outdoor Entertainment 4.0/1,000 4.5/1,000 5.0/1,000 0.4/1,000 Outdoor Sales 1.0/1,000 sales 1.3/1,000 sales 2.0/1,000 sales 0.1/1,000 sales area area area area Personal Services 2.5/1,000 3.0/1,000 4.5/1,000 All: 1.0/1,000 Bank with drive- Bank with drive- Bank with drive- through: through: through: 6.5/1,000 3.0/1,000 5.4/1,000 Repair-Oriented Retail 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Sales-Oriented Retail 3.0/1,000 5.1/1,000 6.2/1,000 0.3/1,000 Self-Service Storage 1.0/4 storage 1.0/4 storage 1.0/2 storage units 1.0/40 storage units units units Vehicle Fuel Sales 3.0+2.0/service 4.0+2.0/service 4.0+2.5/service 0.2/1,000 bay bay bay Industrial Use Categories General Industrial 1.6/1,000 None None 0.1/1,000 Heavy Industrial 1.6/1,000 None None 0.1/1,000 Industrial Services 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Light Industrial 1.6/1,000 None None 0.1/1,000 Commentary Omnibus Amendments Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU-CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Vehicle Vehicle Vehicle Maximum Maximum Use Category Bicycle Minimum Minimum [1] (Zone A) [1] (Zone B) [1] Railroad Yards None None None None Research and 2.0/1,000 3.0/1,000 3.8/1,000 0.5/1,000 Development Warehouse/Freight <150,000 sq ft: <150,000 sq ft: <150,000 sq ft: All: 0.1/1,000 Movement 0.5/1,000 0.8/1,000 1.2/1,000 >150,000 sq ft: >150,000 sq ft: <150,000 sq ft: 0.3/1,000 0.4/1,000 0.5/1,000 Waste-Related 5.0 7.0 10.0 None Wholesale Sales 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Other Use Categories Agriculture/Horticulture 2.5/1,000 sales None None None area but no less than 4 Cemeteries None None None None Detention Facilities 1.0/2.5 beds None None 1.0/2.5 beds Heliports None None None None Mining <5.0 None None None Wireless None None None None Communication Facilities Transportation/Utility None None None None Corridors [1] Minimum and maximum parking ratios are in compliance with the Metro Regional Transportation Functional Plan.Zone A standards apply where 20-minute peak hour transit service is available within 0.25 miles walking distance for bus transit or 0.5 miles walking distance for high capacity transit.Zone B standards apply to areas not in Zone A.The Director maintains a map that shows the locations of Zones A and B. [2] Fast food designation includes all eating and drinking establishments with a"walk-up counter"or less than 10 tables in the dining area. Commentary Omnibus Amendments 18.420.060 Tree Canopy Standards D. Urban forestry plan discretionary review. In lieu of providing payment of a tree canopy fee when less than the standard effective tree canopy cover will be provided,an applicant may apply for a discretionary urban forestry plan review. The discretionary urban forestry plan review cannot be used to modify an already approved urban forestry plan, any tree preservation or tree planting requirements established as part of another land use approval,or any tree preservation or tree planting requirements required by another chapter in this title. 1. Approval process. Discretionary urban forestry plan reviews will be processed through a Type III procedure, as provided in Section 18.710.080078,using approval criteria in Paragraph 18.420.060.D.2.When a discretionary urban forestry plan review is submitted for concurrent review with a land use application that requires a Type III review,the approval authority will be the one designated for the land use application.If the discretionary urban forestry plan review is not concurrent with a land use application that requires a Type III review,then the approval authority will be the Hearings Officer. 18.435.060 Permit Exempt Signs A. Exemptions from permit requirements. The following signs and operations do not require a sign permit but must comply with all other applicable regulations of this chapter and Subsection 18.435.060.B: 1. Lawn and A-frame signs in residential zones, with the following restrictions: b. The total maximum sign area for lawn signs in the RES A,RES-B, and RES-C R 2,R 3.5,R 1.5, and R 7 zones is 12 square feet per sign face and 24 square feet for all sign faces per premises. The total maximum sign area for lawn signs in all other residential zones is 24 square feet for all sign faces per premises. 18.435.090 Special Condition Signs B. Bench signs. 1. Bench signs are allowed only at designated transit stops in commercial,industrial,RES-D and RES-E R 12,R 25,and R 10 zones where no bus shelter exists, subject to the following: 18.510.020 Applicability G. Sensitive lands approvals issued by the hearings officer. 1. Sensitive land reviews within special flood hazard areas are processed through a Type III- HO procedure, as provided in Section 18.710.080070, for the following actions: 18.510.060 Approval Period and Extensions Commentary Omnibus Amendments Expirations and extensions of approvals are provided in Subsection 18.20.050048.6. 18.510.090 Density Transfer and Reductions A. Density transfer.Required residential density for apartments,rowhouses,and small form residential development single detached houses may be transferred from sensitive lands using the following methods: 2. Units per acre calculated by subtracting land areas listed in Subparagraph 18.40.020.A.4 from the gross acres may be transferred to the remaining buildable land areas on land zoned RES-D and RES-E R 12,R 25,and R 10 subject to the following limitations: 18.520.060 Flexible Standards A. Minimum residential density. The minimum density required for apailments,rowhouses,and small form residential single detached houses may be reduced to preserve a significant tree grove. The amount of reduction in minimum density is calculated as provided in Section 18.40.130. Reduction of minimum density is allowed provided that: B. Residential density transfer. Up to 100 percent density transfer is allowed for apartments and small form residential single detached houses from the preserved portion of a significant tree grove within a development site to the buildable area of the development site. 2. The proposed development may include the following: a. Zero lot line small form residential single detached houses for the portion of the development site that receives the density transfer. Commentary Omnibus Amendments Table 18.520.1 Density Transfer for Preservation of Significant Tree Groves Residential Zone (Small Detached Sq. Ft. Attached Sq.Ft. Duplex Multifamily Form Percent Tree Grove Percent Tree Grove Percent Tree Grove Percent Tree Residential Canopy Preserved Canopy Canopy Grove Canopy Min. Lot /Min.Lot or Unit Preserved/Min.Lot Preserved/Min.Lot Preserved/Min. Size) Area or Unit Area or Unit Area Unit Area R� 25 '19%/22,500 sq ft (30,000 sq ft 50 71%/15,000 sq ft Not Allowed Not Allowed Not Allowed per unit) 75 100%/7,500 sq ft RES-A R 2 25-49%/15,000 sq ft Allowed with 75%or (20,000 sq ft 50-74%/10,000 sq ft greater tree grove per unit) 75-100%/5,000 sq ft canopy Not Allowed Not Allowed preservation/5,000 sq ft R 3.5 25 19%/7,500 sq ft Allowed with 75%or Allowed with 7G0% (10,000 sq ft 50 7/1%/5,000 sq ft greater tree grove or greater tree grove Not Allowed per unit) 75 100%/2,500 sq ft canopy preservation canopy preservation 2,500 sq ft /5,000 sq ft RES-B R 1.5 25-49%/5,625 sq ft Allowed with 75%or Allowed with 75% (7,500 sq ft 50-74%/3,750 sq ft greater tree grove or greater tree grove per unit) 75-100%/1,875 sq ft canopy canopy preservation Not Allowed preservation/1,875 sq /3,750 sq ft ft RES-C R 7 25-49%/3,750 sq ft Allowed with 75%or Allowed with 75% (5,000 sq ft 50-74%/2,500 sq ft greater tree grove or greater tree grove Not Allowed per unit) 75-100%/1,250 sq ft canopy preservation canopy preservation /1,250 sq ft /2,500 sq ft RES-D R 12 Apartment and small form residentialsingle detached housc transfer allowed at the (3,050 sq ft following densities: per unit) 25-49%tree grove canopy preservation/2,288 sq ft/unit 50-74%tree grove canopy preservation/1,525 sq ft/unit 75-100%tree grove canopy preservation/763 sq ft/unit RES-E R 25 Apartment and small form residential tingle detached house transfer allowed at the (1,480 sq ft following densities: per unit) 25-49%tree grove canopy preservation/1,110 sq ft/unit 50-74%tree grove canopy preservation/5,200 sq ft/unit 75-100%tree grove canopy preservation/370 sq ft/unit Commentary Omnibus Amendments R '10 Apartments and single detached houses allowed with no upper density limit. (None) 18.610.040 Approval Process A plan district is established through a Legislative procedure,as provided in Section 18.710.120110. 18.620.050 Signs Signs. In addition to the requirements of Chapter 18.435, Signs,the following standards must be met: A. Residential-only developments within the MUC-1 zone must meet the sign requirements for the residential R-44 zones, Subsection 18.435.130.A;nonresidential development within the MUC-1 zone must meet the requirements of the C-P zone, Subsection 18.435.130.C. Sign area increases are prohibited. 18.620.070 Design Standards B. Applicability. New development, including remodeling and renovation projects resulting in other than small form residential development tingle detached house;,,is expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the development and building codes,developments will be required to dedicate and improve public streets,connect to public facilities such as sanitary sewer,water, and storm drainage, and participate in funding future transportation and public improvement projects within and surrounding the Bridgeport Village Plan District. 18.640.060 River Terrace Boulevard Development Standards A. Applicability. The applicable development standards in this title apply to all development in River Terrace, except where an adjustment has been approved as provided by Chapter 18.715, Adjustments,or Subsection 18.640.060.D, and except as specified below. The development standards in this section apply to the types of development listed below on lots abutting the River Terrace Boulevard right-of-way (ROW). The general location of the River Terrace Boulevard ROW is shown on Map 18.640.B,which is located at the end of this chapter. The Public Works Director,in consultation with the Community Development Director,will approve the final ROW alignment. 1. All small form residential cinglo detached houso and rowhouse development. B. Building placement and design. 1. The following standards apply to all apartment,rowhouse,and small form residential single detached hou;,o development that is located on the side of the River Terrace Boulevard ROW opposite the trail corridor,except where an adjustment has been approved as provided in Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Commentary Omnibus Amendments Chapter 18.230,Apartments; Chapter 18.280,Rowhouses; and Chapter 18.290,Small Form Residential Single Detached House:,, only for the building facades specified below., Rowhouses; and Chapter 18.290,Small Form Residential Single Detached Houses, only for the building facades specified below. a. Rowhouse and small form residential cingle detached houGo lots must abut the River Terrace Boulevard ROW with their front or side lot lines. 2. The following standards apply to all apartment,rowhouse,and small form residential single detached house development that is located on the side of the River Terrace Boulevard ROW with the trail corridor, except where an adjustment has been approved as provided in Subsection 18.640.060.D. The following standards apply in lieu of the design standards in Chapter 18.230,Apartments; Chapter 18.280,Rowhouses; and Chapter 18.290,Small Form Residential Single Detached Houses, only for the building facades specified below., Rowhouses; and Chapter 18.290, Single Detached Houses,only for the building facades specified below. a. Rowhouse and small form residential cingle detached house lots must abut the River Terrace Boulevard ROW with their front, side,or rear lot lines. 4. Direct individual access to River Terrace Boulevard from rowhouse or small form residential single detached house development sites is not allowed along the River Terrace Boulevard ROW,except where an adjustment has been approved as provided in Subsection 18.640.060.D.Direct access to River Terrace Boulevard from apartment,conditional use, and commercial development sites are allowed where no other practicable alternatives exist. If direct access is allowed by the city through the site development or conditional use review process,the applicant is required to mitigate for any safety or traffic management impacts identified by the City Engineer. This may include,but is not limited to,the construction of an on-site vehicle turnaround to eliminate the need for any vehicle turning or backing movements in the public right-of-way. 5. Fences,walls,hedges,or any combination thereof, such as a fence on top of a retaining wall, over 3 feet in height are not allowed in any front, side,or rear setback that lies between any apartment,rowhouse,or small form residential single detached housc development site and the River Terrace Boulevard ROW, except as allowed below or where an adjustment has been approved as provided in Subsection 18.640.060.D. Unstained wood,unfaced concrete masonry units (CMU), and chain link fencing are prohibited,except as required for wetlands or other sensitive areas. b. Rowhouse or small form residential single detached house development sites with side lot lines abutting the River Terrace Boulevard ROW may have a fence,wall,or hedge up to 6 feet in height and 25 feet in length along the side lot line. Additionally,a fence,wall,or hedge up to 6 feet in height may be of any length along the rear lot line and the side lot line opposite the River Terrace Boulevard ROW. An illustration of this fence allowance is shown in Figure 18.640.1. Commentary Omnibus Amendments Table 18.640.1 Reduced Minimum Lot Size and Width for Residential Lots Abutting River Terrace Boulevard Base Zone Minimum Lot Size Minimum Lot Width RES-B R-4,5 Zone Small form residential Single detached 4,500 sf 40 ft house lots RES-C R4 Zone Small form residential Single detached 3,500 sf 35 ft house lots Rowhouse lots 2,500 sf[1] 25 ft RES-D R 12 Zone Apartment lots 2,000 sf[1] NA Small form residential Single detached 2,500 sf[1] NA house and rowhouse lots [1] Minimum lot area per dwelling unit for apartment and rowhouse developments 18.640.070 Planned Developments The requirements of Chapter 18.770, Planned Developments, apply to all planned developments in River Terrace, except as modified below. C. Common open space. A minimum of 20 percent of gross site area is required as common open space. Common open space may not contain sensitive lands. The following alternative open space and development enhancements may be provided in lieu of meeting the 20-percent open space standard. These alternatives are intended to provide the community with benefits that are consistent with the overall development vision for River Terrace as described in the River Terrace Community Plan and River Terrace Park System Master Plan Addendum. 2. The development must include at least three of the following development enhancements: e. High-quality architectural features on rowhouses and small form residential development single detached houses that meet the building design standards in Subsection 18.640.070.E. E. Design standards for small form residential - . . • . • .. - and rowhouses. The following design standards apply to small form residential single detached house;,and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290,Small Form Residential Single Detached Houses, and Chapter 18.280,Rowhouses, apply in all other situations. These standards are intended to promote architectural detail,human-scale design, street visibility, and privacy of adjacent properties,while affording flexibility to use a variety of architectural styles. The graphics provided are intended to illustrate how development could comply with these Commentary Omnibus Amendments standards and should not be interpreted as requiring a specific architectural style. An architectural feature may be used to comply with more than one standard. 1. Articulation. All buildings must incorporate design elements that break up all street- facing facades into smaller planes as follows. An illustration of articulation is shown in Figure 18.640.2. 18.640.100 On-Street Parking A. Applicability. In addition to the standards in Chapter 18.410, Off-Street Parking and Loading, the following on-street parking standards apply to all small form residential tingle detached house and rowhouse development in River Terrace with individual off-street parking and vehicle access on a local street,neighborhood route,or private street or alley. B. Quantity standards.All small form residential single detached house development described in Subsection 18.640.100.A must provide the following number of on-street parking spaces: 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A,which is located at the end of this chapter,and on the official zoning map. 2. Pre-existing uses and development.Pre-existing uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments,subject to the following: a. Modifications associated with lawfully established pre-existing uses and structures are allowed,provided the modifications meet or move the nonconforming use or structure toward compliance with all applicable standards,except that small form residential development Dingle detached houses used for residential purposes that were lawfully established prior to the effective date of this chapter are exempt from the design standards of this chapter. C. Exemptions. The following are exempt from the downtown development review procedures of this chapter,but must comply with all standards: 6. Any development involving a pre-existing small form residential development single detached house that is not being converted to a nonresidential use or that has previously been converted to a nonresidential use; 18.650.030 Approval Process C. Approval period and extensions. Expirations and extensions of approvals are provided in Subsection 18.20.050040.G. 18.650.050 Development Standards A. Development standards. Development standards are provided in Table 18.650.1 Commentary Omnibus Amendments Table 18.650.1 Development Standards Sub-Areas Standard Main Street 99W/Hall Scoffins/Commercial Fanno/Burnham (MS) Corridor(99H) (SC) (FB) Minimum Lot Size None None None None Minimum Lot Width None None None None Minimum Setbacks 0/5 ft. -Front 0 ft. (5 ft. for frontage 0 ft. 0 ft. on 99W) -Street side 0 ft. 0 ft. 0 ft. 0 ft. -Side 0 ft. 0 ft. 0 ft. 0 ft. -Rear 0 ft. 5 ft. 5 ft. 5 ft. Maximum Setbacks -Front loft. 25 ft. 20 ft. 20 ft. -Street side 10 ft. None None None Building Height -Minimum 20 ft. 20 ft. 20 ft. 20 ft. -Maximum [1] 80 ft. 45 ft. 80 ft. 80 ft. [2] -First story minimum 15 ft. 15 ft. None None Maximum Lot Coverage 100% 90% 90% 80% Minimum Landscape 0% 10% 10% 20% Area [3] Minimum Building o 50% 50% 0 Frontage 50% 50% Residential Density (units per acre) -Minimum [4] 25 25 25 15 -Maximum [1] 50 50 50 [5] 50 [5] [1] See Subsection 18.650.080.D. [2] 45 feet within 200 feet of Fanno Creek Park boundary(see Map 18.650.B)or within 50 feet of the RES-A through RES-D R 1 through R 12 zones. [3] In the MU-CBD zone,required landscaping may be provided on roofs or within the abutting right-of-way where the applicant is required to provide landscaping as part of a street improvement in compliance with Section 18.650.070. [4] Minimum density applies to residential-only development(not mixed-use). [5] Maximum density in the station area overlay is 80 units per acre(see Map 18.650.B). Commentary Omnibus Amendments 18.660.040 Review Process B. Development review. Development review is the process whereby the applicant submits all required development permit applications to the city for review against all applicable standards. Depending upon the type of development proposed,permit applications may be submitted consecutively or concurrently. If land use review is required or initiated by the applicant pursuant to Subsection 18.660.040.C, land use approval must be obtained prior to submitting for development review. 3. Transportation facility review process. The transportation facility review process determines whether transportation improvements are needed and whether the proposed development will be required to construct or pay for them. a. The following review process applies to all proposed developments,except those that are exempt from street frontage improvements(see Paragraph 18.660.020.B.2)or trigger a Transportation Impact Study(see Subparagraph 18.660.040.B.3.c). iii. If transportation facility improvements are needed,the city will require construction of improvements and dedication of right-of-way at the time of development unless the city determines that such exactions are not roughly proportional to the number of new trips estimated to be generated by the proposed development. If the applicant disagrees with the city's proportionality determination,the applicant may utilize the city's Type II appeal procedure in Section 18.710.100848 in a de novo hearing. 18.660.050 Pre-Existing Development and Approvals E. Sites with pre-existing land use approvals. 3. Phased developments. Development that obtained land use approval for a phased site development review application prior to the effective date of this chapter is allowed to complete all approved phases as provided in the specific land use approval or as allowed by Subsection 18.20.050040.G. Table 18.660.2 Modifications to Pre-Existing Buildings Proposed Building Modification Applicable Standards • Addition to small form residential Exempt from all site and building design standards development a single detached house in • Addition to an accessory building associated Sections 18.660.070 and 18.660.080 except: except: with small form residential development a • Minimum building setbacks(18.660.070.B) single detached house that results in a building • Driveways (18.660.070.G) less than or equal to 528 square feet in size,or • District trees(18.660.070.H) • Maximum building height(18.660.080.B), and Commentary Omnibus Amendments • Addition to any building where the addition is Subject to all applicable standards in located more than 35 feet away from all street Sections 18.660.060 and 18.660.090. property lines. • All other additions not described above. Subject to all applicable standards in Sections 18.660.060, 18.660.070, 18.660.080, and 18.660.090., 18.660.080, and 18.660.090.., 18.660.080, and 18.660.090. Table 18.660.3 New Buildings on Sites with Pre-Existing Development Proposed New Building Applicable Standards • New accessory building associated with small Exempt from all site and building design standards form residential development a single detached in Meuse and less than or equal to 528 square feet Sections 18.660.070 and 18.660.080 except: except: in size,or • Minimum building setbacks(18.660.070.B) • New building located partially or completely . Driveways (18.660.070.G) behind an existing building and more than 35 • feet away from all street property lines. District trees(18.660.070.H) • Maximum building height(18.660.080.B),and Subject to all applicable standards in Sections 18.660.060 and 18.660.090. • All other new buildings not described above. Subject to all applicable standards in Sections 18.660.060, 18.660.070, 18.660.080, and 18.660.090., 18.660.080, and 18.660.090.., 18.660.080, and 18.660.090. 18.660.070 Site Design Standards G. Driveways. 2. Size. Driveways for all uses, other than rowhouses and small form residential developmentcingle detached houses, must be 20 feet or less in width on all streets,except for driveways on Dartmouth Street,72°a Avenue,and Pacific Highway. Driveways on these streets must only be as wide as needed for safety and are subject to the access management standards in Subsection 18.920.030.H. Driveways for rowhouses and small form residential development single detached houses must be 10 feet or less in width. Driveway width measurements do not include driveway wings. Commentary Omnibus Amendments 18.660.080 Building Design Standards C. Building entrances. Building entrances must be provided located on street-facing building facades as follows: 1. Quantity.A minimum of 1 building entrance must be provided for: a. Every 80 feet of street-facing building facade. Fractional entrance requirements are rounded up to 1 for street facing facades less than 80 feet in width and rounded down to the nearest whole number for street facing facades 80 feet in width or greater. Buildings that front onto two or more streets: , and i. Must calculate the required number of entrances for each street facing facade separately, ii. Must meet this quantity requirement on at least 1 facade, and iii. Are exempt from this quantity requirement on street-facing facades that are less than 50 feet in width. b. Each individual residence or tenant space with a street-facing facade that is not provided with a shared street-facing entrance. c. Buildings that front onto two or more streets must meet this requirement on at least 1 facade,but they are exempt from this requirement on the remaining facades where the facades are less than 50 feet in width. 18.720.020 Approval Process A. A quasi-judicial annexation application is processed through a Type III-Modified procedure, as provided in Section 18.710.090989. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. B. A legislative annexation application is processed through the Legislative procedure, as provided in Section 18.710.120110. 18.720.030 Approval Criteria Table 18.720.1 Conversion Table for County and City Comprehensive Plan and Zoning Designations Washington County Land Use Districts/Plan City of Tigard Zoning City of Tigard Designation Zone Name R-5 Res. 5 units per acre RES-B R '1.5 Residential-B Low density residential R-6 Res. 6 units per acre RES-C R 7 Residential-C Medium density residential Commentary Omnibus Amendments The building entrance standards in the Tigard Triangle were not clear.The language has been updated to provide specificity based on the intent of the standards. R-9 Res. 9 units per acre RES-D R 12 Residential-D Medium density residential R-15 Res. 15 units per acre RES-E R 25 Residential-E Medium high density residential R-24 Res.24 units per acre RES-E R-2.5 Residential-E Medium high density residential Office Commercial (OC) C-P Professional/Administrative Commercial Neighborhood Commercial C-N Neighborhood Commercial (NC) General Commercial (GC) C-G General Commercial Industrial (IND) I-L Light Industrial Institutional(INST) Equivalent to adjacent County Equivalent to adjacent County base zone base zone 18.730.050 Approval Criteria A Director determination has no specific approval criteria,except in the following cases: C. The criteria for modification of an original condition of approval are provided in Paragraph 18.20.050840.E.4. 18.740.040 Approval Process A conditional use application is processed through a Type III-HO procedure as provided in Section 18.710.080070. 18.745.020 Applicability A. This chapter applies to all approved land use applications that are subject to expiration as described in Subsection 18.20.050940.G but have not yet expired. 18.750.040 Approval Process and Approval Criteria A. Criteria for Historic Resource Overlay zone designation. 1. An application for a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080470. The approval authority will approve the application when any of the following are met: B. Criteria for removal of Historic Resource Overlay zone designation. An application for removal of a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080478. The approval authority will approve the application when any of the following are met: Commentary Omnibus Amendments 18.765.020 Applicability C. This chapter does not apply to proposals to modify a condition of approval where the modification is subject to the provisions of Paragraph 18.20.050040.E.4. 18.770.050 Approval Process A. A consolidated planned development application is processed through a Type III-PC procedure as provided in Section 18.710.080078. B. A consecutive planned development submittal involves two separate applications. 1. A concept plan application is processed through a Type III-PC procedure as provided in Section 18.710.080078. A concept plan approval must be effective prior to the submittal of a detailed plan application. 2. A detailed plan application is processed through a Type II procedure as provided in Section 18.710.060,unless the concept plan approval authority specifies a different review procedure as a condition of concept plan approval. 18.790.020 Legislative Amendments A. Approval process.A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.120110. 18.790.030 Quasi-Judicial Amendments A. Approval process. 1. A quasi-judicial zoning map amendment application that does not require a comprehensive plan map amendment is processed through a Type III-PC procedure, as provided in Section 18.710.080078. 2. A quasi-judicial comprehensive plan map amendment application is processed through a Type III-Modified procedure,as provided in Section 18.710.090088,which is decided by the City Council with a recommendation by Planning Commission. 3. A quasi-judicial zoning map amendment application that requires a comprehensive map plan amendment is processed through a Type III-Modified procedure,as provided in Section 18.710.090088,which is decided by the City Council with a recommendation by Planning Commission. 18.800 LOT CREATION AND MODIFICATION 18.910.030 Streets Figure 18.910.4 Commentary Omnibus Amendments Local Residential Street<1,500 vpd A. Standard(sample) B. Skinny Street Option(criteria) 111 .5' 5 5 5' 0 a2' . - — WWS r K 7 On-street Parking * &a--.+ <1500 vpd * _• — lreriang on both sdes. blockJength not to exceed WO fear Criteria: • Traffic flow plan must be submitted and approved. • Not appropriate for streets serving more than 1,000 vpd. • No parking permitted within 30 feet of an intersection. • Appropriate adjacent to small form residential single detached house development only. Figure 18.910.5 Local Residential Street<500 vpd A. Standard(sample) B. Skinny Street Option(criteria) 5; 5,6.'x. 28' 5.5' 5 ...5 ® � �.. ` .} Er RAA'50' — -- yp . Residential Local �etreet/Cul-de-sac ti ,� One Srde l!1 1•srr Parking i Parbr ' <500 vpcJ • Criteria: • Traffic flow plan must be submitted and approved. • Not appropriate for streets serving more than 500 vpd. • No parking permitted within 30 feet of an intersection. • Appropriate adjacent to small form residential single detached house development only. • Must provide a minimum of 1 off-street parking space for every 20 feet of restricted street frontage. Commentary Omnibus Amendments The name of the 18.800 division in the code has been updated as not every process in the chapter is a division of land. 18.920.030 General Provisions H. Inadequate or hazardous access. 2. Direct individual access to arterial or collector streets from small form residential development single detached house lots is discouraged. Direct access to collector or arterial streets will be considered only if there is no practical alternative way to access the site. If direct access is allowed by the city,the applicant will be required to mitigate for any safety or neighborhood traffic management(NTM)impacts deemed applicable by the City Engineer. This may include,but will not be limited to,the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. The design of the service drive or drives must not require or facilitate the backward movement or other maneuvering of a vehicle within a street,other than an alley. Sifigle detached houses arc Small form residential development is exempt from this requirement. Table 18.920.1 Vehicular Access/Egress Requirements: Residential Uses Minimum Housing Type Driveways Minimum Access Minimum Pavement Width Required Required Small Form Residential 1 10 ft 10 ft Single Detached Houses Quads 1 15 ft 15 ft Cottage Clusters 1 20 ft 20 ft Courtyard Units 1 20 ft 20 ft Rowhouses See Chapter 18.280, Rowhouses Apartments,2 units 1 10 ft 10 ft 24 ft if two-way Apartments, 3-49 units 1 30 ft 15 ft if one-way curbs and 5 ft walkway required 24 ft Apartments, 50+units 2 30 ft curbs and 5 ft walkway required 18.930.040 Computations B. Non-arterial streets. Commentary Omnibus Amendments 2. Non-arterial streets less than 24 feet in width.At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets or driveways are less than 24 feet in width,the vision clearance area is a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of small form residential side detached house:,,and 30 feet back from the property line on all other types of uses. Commentary Omnibus Amendments Housing Compliance Code Update Clean Code without Omnibus Changes May 18, 2022 Chapter 18.20 ADMINISTRATION AND ENFORCEMENT 18.20.010 Compliance A. Compliance.Uses,developments,and construction, reconstruction,alteration,occupation, and use of structures must conform to the provisions of this title. Any officials, departments,or employees of the city vested with authority to grant approvals must adhere to and require compliance with this title and may not grant approval for any development or use that violates or fails to comply with this title.Any approval issued or granted in conflict with the provisions of this title is void. B. Obligation by successor. The regulations of this title apply to the person undertaking the development or the use of the development and to the person's successor in interest. C. Most restrictive regulations apply. Where this title imposes greater restrictions than those imposed or required by other regulations,the most restrictive or that imposing the higher standard governs. When regulations in this title are in conflict,the most restrictive regulation governs unless stated otherwise. D. Required improvements. A lot area, setback,open space,or off-street parking or loading area required by this title for a development may not be used to meet the requirements for another development, except as specifically provided otherwise. 18.20.020 Uses and Development Allowed By Right A. Compliance. Proposals for uses or developments that are allowed by right under this title are subject to the procedures and regulations of this section. B. Applicability. 1. Applicability. Uses or development allowed by right are those that do not require a land use approval,as determined by the Director. This determination is not appealable locally and is the final decision of the city. 2. Prohibitions. a. Applications for uses or development that are prohibited by this title will not be accepted. b. The Director may refuse an application when a proposed structure has been clearly designed for a use or development different from that which is being proposed and could not reasonably be expected to meet the needs of the proposed use or development. C. Method of review.Uses and development that are allowed by right are reviewed for compliance with the applicable standards in this title. This is a non-discretionary administrative review.Decisions are made by the Director. The Director's decision is not appealable locally and is the final decision of the city. D. Procedures. 1. Non-discretionary reviews are processed in conjunction with an application for a development permit.Applicants for non-discretionary review must submit information showing that the proposal complies with all applicable standards of this title. 2. Approvals of non-discretionary reviews are based on the information submitted. If the information is incorrect,the approval may be revoked or voided. 18.20.030 Land Use Applications and Development Permits A. Land use applications. An applicant who proposes a use or development that is governed by this title must obtain approval of all required land use applications prior to establishment or construction.New development, changes to existing development, and changes in the type or number of uses may require a land use approval. B. Development permits.An applicant who proposes a use or development governed by this title must-obtain approval of all required development permits prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a permit. C. Certificate of occupancy. A structure or use may not be used or occupied for the purposes provided in the development permit until the city has issued a certificate of occupancy.Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain. 18.20.040 Violations A. Violations. It is unlawful to violate any provisions of this title including but not limited to provisions relating to a land use approval or conditions of land use approval. Erection,construction, alteration,maintenance,or use of any building or structure in violation of this title; or use,division, or transfer of any land in violation of this title is prohibited.Each violation of a separate provision of this title constitutes a separate infraction,and each day that a violation of this title is committed or continued constitutes a separate infraction. B. Responsible party. The responsible party is the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property,including bailee,lessee,tenant, or other person having possession; or 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist,or placed the object or allowed the object to exist on the property. C. Enforcement.In any case where a violation of this title occurs, such violation constitutes a nuisance and a Class I Civil Infraction as provided in Title 6 of the Tigard Municipal Code. The city may remedy the violation by any appropriate means necessary as allowed by the municipal code and available to the city. 18.20.050 Timeliness of Regulations A. Vesting. Land use applications are processed based on the regulations in effect on the date an application is submitted to the city as provided in ORS 227.178. If a land use application is approved,development rights are vested when the land use approval is utilized as described in Subsection 18.20.040.G. Vested development rights do not expire unless new land use approvals are obtained and utilized that supersede any preexisting vested rights. B. Modifications. Modifications to pending land use applications that have been deemed complete are processed based on the regulations in effect on the date the original application was submitted, unless the modification substantially changes the proposal so as to constitute a new application,as described in Chapter 18.710,Land Use Review Procedures. C. Use of new regulations or mapping.Land use applications will not be accepted for development proposals based on proposed amendments to regulations or the zoning map that have not been adopted or have been adopted but are not yet in effect. Pre-application conferences may be requested and held to discuss implications of proposed amendments. D. Pre-existing approvals.Land use applications for which approvals were granted prior to the effective date of the ordinances codified in this title may occur in compliance with such approvals. E. Conditions of approval. Conditions of land use approval remain valid even if the regulations requiring the conditions are subsequently modified. Conditions of approval may be amended or removed through the following actions: 1. Appeal of the original application; 2. Submittal of a new land use application that supersedes the original application; 3. Submittal of a new land use application that modifies the original application or condition of approval through the process provided by Chapter 18.765,Modifications; or 4. Submittal of a new land use application that modifies the original condition of approval through the process provided by Chapter 18.730, Director Determinations. The Director will approve a modification through this process when one or more of the following criteria are met: a. The condition of approval violates a mandatory federal or state law or regulation; or b. The condition of approval imposes an objective limitation that is no longer required by this title or is more restrictive than required by this title as a result of an amendment to this title. F. Transfer of approval rights.Approvals of ministerial and quasi-judicial land use applications run with the land and are transferred with ownership. Any conditions,time limits,or restrictions apply to all subsequent owners. G. Expiration of approvals. 1. Approvals granted pursuant to this chapter expire and are void unless utilized as described below within the applicable time periods. a. For an approval requiring any kind of development permit,the development must: i. Submit and pay for all applicable development permits, excluding trade permits,within 3 years of the effective date of a conditional use,planned development(detailed plan),planned development(consolidated plan),or site development review approval, or within two years of the effective date of all other approvals; and ii. Pass final inspection or obtain a permanent certificate of occupancy within 5 years of the effective date of a conditional use,planned development(detailed plan),planned development(consolidated plan),or site development review approval,or within 4 years of the effective date of all other approvals. b. For an approval not requiring any kind of development permit, such as a planned development(concept plan)or a preliminary sublot plat,the development must utilize its approval within 2 years of the effective date of the approval. 2. Approvals expire and are void as specified above unless one of the following applies: a. An extension application is submitted as provided by Chapter 18.745,Extensions. If the extension application is denied,the approval expires on the effective date of the extension decision. b. The expiration date for an approval is specified in another chapter of this title. 3. The following approvals are exempt from expiration: a. Adequate Public Facilities Exceptions, b. Annexations, c. Comprehensive Plan Amendments, d. Development Code Amendments, e. Director Determinations, f. Historic Resource Overlay Zone Designations, g. Nonconforming Use Determinations, h. Zoning Map Amendments,and i. Final Plats, including Final Sublot Plats. Chapter 18.110 RESIDENTIAL ZONES 18.110.010 Purpose The purpose of this chapter is to implement the policies of the comprehensive plan related to housing by: A. Creating an environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged; B. Providing residential zones of varying densities,with flexible design and development standards to encourage innovation and reduce housing costs; C. Accommodating compatible nonresidential development—including,but not limited to, schools,churches,parks,recreation facilities,day care centers,and neighborhood commercial uses and services—at appropriate locations and scales; and D. Enhancing the livability of neighborhoods by encouraging diversity in housing stock and promoting opportunities for walkability. 18.110.020 List of Base Zones The residential base zones are listed in Table 18.110.1. When this title refers to the residential zones,it is referring to the five base zones listed here. Table 18.110.1 List of Base Zones RES-A RES-B RES-C RES-D RES-E 18.110.030 Land Use Standards A. General provisions.A list of allowed, restricted,conditional,and prohibited uses in residential zones is provided in Table 18.110.2. If a use category is not listed, see Section 18.60.030. 1. Allowed(A). Uses that are allowed, subject to all of the applicable provisions of this title. 2. Restricted(R). Uses that are allowed provided they are in compliance with special requirements,exceptions,or restrictions. 3. Conditional (C). Uses that require the approval of the Hearings Officer using discretionary criteria. The approval process and criteria are provided in Chapter 18.740, Conditional Use. 4. Prohibited(P). Uses that are not allowed under any circumstance. Table 18.110.2 Use Table Use Categories RES-A RES-B RES-C RES-D RES-E Residential Use Category Residential Use A A A A A Civic/Institutional Use Categories A Basic Utilities [1] C C C C C Colleges C C C C C Community Services C C C C C Cultural Institutions P C C C P Day Care [2] A/C A/C A/C A/C A/C Emergency Services C C C P P Medical Centers P C C C C Postal Service P P P P P Religious Institutions C C C C C Schools [3] C C C C C Social/Fraternal Clubs/Lodges P P P C C Temporary Shelter P P P C C Commercial Use Categoriesaft ii v Adult Entertainment P P P P P Animal-Related Commercial P P P P P Bulk Sales P P P P P Commercial Lodging P P P P P Custom Arts and Crafts P P P P P Eating and Drinking Establishments P P P P P Indoor Entertainment P P P P P Major Event Entertainment [4] C C C C C Motor Vehicle Sales/Rental P P P P P Motor Vehicle Servicing/Repair P P P P P Non-Accessory Parking P P P C[5] C[5] Office P P P P P Outdoor Entertainment P P P P P Outdoor Sales P P P P P Personal Services P P P P R[6] Repair-Oriented Retail P P P P R[6] Sales-Oriented Retail P P P P R[6] Self-Service Storage P P P P P Vehicle Fuel Sales P P P P P Industrial Use Categories dilik General Industrial P P P P P Heavy Industrial P P P P P Industrial Services P P P P P Light Industrial P P P P P Railroad Yards P P P P P Research and Development P P P P P Warehouse/Freight Movement P P P P P Waste-Related P P P P P Wholesale and Equipment Rental P P P P P Other Use Categories _ Agriculture/Horticulture A[7] A[7] A[7] P P Cemeteries P C C P P Detention Facilities P P P P P Heliports P P P P P Mining P P P P P Transportation/Utility Corridors C C C C C Wireless Communication Facilities A/R AIR AIR A/R A/R [8] A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] Above-ground public and private utility facilities proposed with development and underground public and private utility facilities are allowed.Standalone above-ground public and private utility facilities not proposed with development are allowed conditionally. [2] Family day care is allowed.Other day care uses are allowed conditionally. [3] School bus parking on public high school sites is allowed as an accessory use if located a minimum of 200 feet from the nearest property line of a residential use. [4] Allowed conditionally on public school sites. [5] Only park-and-ride and other transit-related facilities are allowed conditionally. [6] Limited to first story of apartment developments and maximum square footage of 10 percent of the building.Developments utilizing this provision are considered residential development,not mixed-use development,for the purposes of this title. [7] Where adjacent to a residential use,poultry or livestock must be housed a minimum of 100 feet from any dwelling unit, except a dwelling unit on the same lot. [8] See Chapter 18.450,Wireless Communication Facilities,for requirements. B. Development standards. The standards for residential development in residential zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in residential zones are located in Chapter 18.350, Residential Zone Development Standards, and the applicable plan district chapter,if any. 18.110.040 Housing Types A. A housing type is not a use category.It describes a type of development that can contain a Residential Use. B. A list of allowed,limited,and prohibited housing types in residential zones is provided in Table 18.110.3. Terms and abbreviations used are defined as follows: 1. Yes,allowed(Y). Housing types that are allowed. 2. Limited(L). Housing types that require a conditional use approval or are allowed subject to specific limitations. 3. No,prohibited(N). Housing types that are not allowed under any circumstance. C. Housing types that are allowed or allowed on a limited basis are subject to the standards and provisions of the applicable development standards chapter,which is indicated in parentheses in the first column of Table 18.110.3. D. All allowed housing types may be built on site or brought to the site as a manufactured home. Table 18.110.3 Housing Types Housing Types RES-A RES-B RES-C RES-D RES-E Accessory Dwelling Units (18.220) Y Y Y Y N Apartments(18.230) N N N Y Y Cottage Clusters(18.240) Y Y Y Y N Courtyard Units(18.250) Y Y Y Y N Mobile Home Parks (18.260) N L[1] Y Y Y Quads (18.270) Y Y Y Y N Rowhouses (18.280) L[2] L[2] L[2] Y Y Small Form Residential (18.290) Y Y Y Y N Y=Yes,Allowed L=Limited, see footnotes N=No, Prohibited [1] Allowed only through a conditional use application. [2] Rowhouses of up to 5 units per grouping allowed. Chapter 18.220 ACCESSORY DWELLING UNITS 18.220.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of detached accessory dwelling units on lots with small form residential development. Attached accessory dwelling units are considered small form residential development for the purposes of meeting the requirements of applicable state law and administrative rules.Detached accessory dwelling units have the following characteristics: A. They are of limited size and height; B. They are located in a manner that is subordinate to the primary residential use; C. They may be newly constructed or converted from existing dwelling spaces or accessory structures; D. They may share utilities with a primary dwelling unit where allowed by the applicable service provider,and E. The units require no additional off-street parking. 18.220.020 Applicability A. Applicability. The standards of this chapter apply to detached accessory dwelling units wherever this housing type is allowed=as provided in the use and housing type tables in Chapter 18.110,Residential Zones. Attached accessory dwelling units are considered small form residential development and are subject to the standards of Chapter 18.290, Small Form Residential. B. Prohibitions. Detached accessory dwelling units are allowed only on lots with small form residential development. They are prohibited as an accessory housing type to apartment,cottage cluster,courtyard unit,quad, and rowhouse development. 18.220.030 Compliance Accessory dwelling units must comply with the clear and objective standards of Section 18.220.040 and all other applicable standards of this title. 18.220.040 Standards A. Unit Count.A maximum of 1 detached accessory dwelling unit is allowed per lot. The total maximum number of dwelling units on a small form residential lot is 3,including the units in the small form residential development. Detached accessory dwelling units are prohibited on lots with 3 small form residential dwelling units. B. Size. The maximum size of a detached accessory dwelling unit is 800 square feet. C. Height.The maximum height of a detached accessory dwelling unit is 25 feet. D. Setbacks. Detached accessory dwelling units must meet the setback standards for small form residential development in the applicable base zone,with the following exceptions: 1. Detached accessory dwelling units must be located no closer to a front property line than the primary dwelling,and 2. Detached accessory dwelling units may be located within 5 feet of the rear property line if the accessory dwelling unit is 15 feet or less in height. E. Lot coverage. Detached accessory dwelling units must meet the lot coverage standards for small form residential development in the applicable base zone,as provided in Chapter 18.290, Small Form Residential. F. Facades. Detached accessory dwelling units must meet the same standards for windows and street-facing facades that apply to small form residential development in the applicable base zone,as provided in Chapter 18.290, Small Form Residential. G. Accessory structure additions and conversions. Detached accessory dwelling units may be added to or created from existing accessory structures such as detached garages. The maximum square footage requirements for the accessory dwelling unit apply to the entire structure,including any portion that remains in use as an accessory structure. Chapter 18.230 APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings. Apartment dwelling units may share common side walls, ceilings,or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community.Apartment development is intended to achieve the following: A. Increase the number of affordable dwelling units; B. Provide for a variety of housing types that meet the needs of Tigard's diverse population at all stages of life; C. Facilitate the efficient use of land through higher-density attached housing; and D. Support and complement transit services by providing ridership density and proximity. 18.230.020 Applicability A. The standards of this chapter apply to apartment development in the RES-D,RES-E,MUC, MUE,MUE-1,MUE-2,MUR-1,and MUR-2 zones. Additional standards apply in the River Terrace Plan District as provided in Chapter 18.640,River Terrace Plan District. An applicant may elect to apply the approval process and standards of this chapter or of Chapter 18.280,Rowhouses,when proposing rowhouse development. B. The standards of this chapter also apply to nonconforming apartment development in the RES- A through RES-C zones. In lieu of specific base zone standards, apartment development in these zones is subject to the RES-D zone standards. C. Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. D. This chapter does not apply to apartment development in the MU-CBD and TMU zones. Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660,Tigard Triangle Plan District, respectively. 18.230.030 Application Type Apartment development requires a site development review application. 18.230.040 Development Standards A. Base zone development standards are provided in Table 18.230.1. Table 18.230.1 Apartment Development Standards MUE-2 MUC and Standard RES-D RES-E MUE MUR-1 and MUR-2 MUE-1 Minimum Setbacks (ft) -Front 20 20 20 10 None None - Street side 20 20 20 10 5 None - Side 10 10 [1] 10 [1] 0 or 20 [2] 0 or 20 [2] 0 or 20 [2] -Rear 20 20 [1] 20 [1] 0 or 20 [2] 0 or 20 [2] 0 or 20 [2] Maximum Setbacks(ft) -Front None None None 20 20 20 - Street side None None None 20 20 20 Minimum Height None None None None 2 stories 2 stories Maximum Height(ft) 35 45 45 60 75 200 Maximum Lot Coverage 80% 80% 80% 80% 80% 85% Minimum Landscape Area 20% 20% 20% 20% 20% 15% Minimum Density 11 units 23 units None 25 units per 50 units per 50 units per acre per acre acre acre per acre Maximum Density 14 units 30 units 25 units 50 units per None None per acre per acre per acre acre [1] Where the site abuts a RES-A through RES-D zone,an additional 1 foot of setback is required for each foot of building height above the maximum building height of the abutting zone. [2] Minimum side and rear setbacks are 0 feet,except the minimum side and rear setbacks are 20 feet where the site abuts a RES-A through RES-D zone. B. Landscaping and screening. All required landscaping,including landscaping used to meet screening or tree canopy standards,is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.230.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets the L-2 standard and any required common open space area may count toward meeting the minimum landscape area standard. 2. Screening standards are provided in Section 18.420.050. Screening is required as follows: a. Service areas and wall- and roof-mounted utilities must be screened to the S-1 standard. Service areas and utilities are also subject to the standards in Subsection 18.230.040.G. b. Apartments that abut a RES-A through RES-D zone must be screened to the S-3 standard along all property lines,except street property lines. c. Surface vehicle parking areas, loading areas,and drive aisles within 20 feet of a street property line must be screened to the S-4 standard. Screening must be provided directly adjacent to the street property line, except where access is taken. 3. The minimum tree canopy standards for the site and any off-street vehicle parking areas are provided in Section 18.420.060. C. Common open space. 1. Common open space is required. The minimum total area of required common open space is 10 percent of the gross site area or 750 square feet,whichever is greater. More than one common open space area may be provided to meet this standard,but any area used to meet this standard must be a minimum of 20 feet in width and depth. 2. Apartment developments with less than 20 dwelling units must provide at least 2 different items from the list below within areas identified as common open space. Apartment developments with 20 or more dwelling units must provide at least 4 different items from the list below within areas identified as common open space. a. Playground equipment or play area for children, b. Sport court, c. Playing field, d. Lawn or garden, e. Covered seating, f. Swimming pool or water feature, g. Plaza or courtyard with permanent seating, h. Gazebo, i. Club house, j. Workout room,or k. Other similar item as determined by the director. 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room,or dining room of a dwelling unit faces the outdoor common open space or a public street. 4. Building facades,including accessory structure facades,that face outdoor common open space must meet the 15 percent window area requirement in Subsection 18.230.050.B or be screened to the S-4 standard as provided in Table 18.420.2. 5. Common open space may not be located in the front setback or include sensitive lands. D. Private open space. 1. Private open space is required for each dwelling unit. Each private open space must be a minimum of 48 square feet in area and a minimum of 5 feet in width and depth. 2. Private open space must be directly accessible from the interior of the dwelling unit that it serves. 3. Additional common open space above the required minimum may substitute for some or all of the required private open space at a 1:1 ratio. E. Pedestrian access. 1. Paths must provide pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. Paths must provide pedestrian access between all common open space areas,vehicle and bicycle parking areas,building entrances,and service areas designed for use by residents. Paths within parking areas or along drive aisles are subject to additional standards in Subsection 18.410.040.B. 3. Paths must extend to the perimeter property line to provide pedestrian access to existing or planned pedestrian facilities on adjacent properties, such as trails or public access easements. 4. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet. F. Vehicle and bicycle parking. 1. The applicable provisions and standards of Sections 18.410.010 through 18.410.060 apply to apartment developments. 2. The standards in Sections 18.410.070 through 18.410.090 do not apply to apartment developments. 3. The minimum and maximum number of off-street vehicle and bicycle parking spaces are provided in Table 18.230.2. Any fractional space requirement is rounded up to the next whole number. Table 18.230.2 Off-Street Vehicle and Bicycle Parking Quantity Requirements Apartment Vehicle Maximum Vehicle Minimum Bicycle Minimum Size (Zones A and B) 500 sq ft or less 1 space per dwelling unit 1 bedroom 1 space per dwelling unit 1 space per 2 dwelling 2 bedroom 1.25 spaces per dwelling None units unit 3 bedroom 1.5 spaces per dwelling unit 4. Apartment developments with 10 or more required vehicle parking spaces must also provide additional vehicle parking for guests. The minimum amount of additional parking spaces is 15 percent of the minimum vehicle parking requirement as provided in Table 18.230.2. Guest vehicle parking must be clearly identified with pavement markings or signs. 5. Apartment developments with 20 or more dwelling units must also provide additional bicycle parking spaces for guests. The minimum amount of additional parking spaces is 15 percent of the minimum bicycle parking requirement as provided in Table 18.230.2. Guest bicycle parking must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right-of-way with approval of the City Engineer. 6. Apartment developments with 20 or more dwelling units must provide all required non- guest bicycle parking spaces inside a structure or under a roof.Required bicycle parking is exempt from the location standard of Subsection 18.410.050.A but may not be located inside individual dwelling units. 7. Surface parking,detached garages,and attached or detached carports may not be located closer to a street property line than the building closest to that street property line. 8. Parking areas may not occupy more than 50 percent of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. 9. Attached garages may be attached to any side of an apartment building. If attached to the street-facing facade,they may not be located closer to the street property line than the apartment building facade and the facade must include at least 1 entrance for each proposed garage that meets the standards of Subsection 18.230.050.A. Driveways associated with attached garages that take direct individual access from a public or private street must meet the rowhouse location and access standards in Paragraph 18.280.050.E.3 and Subparagraph 18.280.050.E.2.a. G. Utilities and service areas. 1. Private utility facilities, such as transformers or control valves,that serve a single development must be located below ground unless the functional properties of the facility require above-ground placement.If located above ground, all facilities 1 cubic foot or greater in volume,or with any one dimension greater than 2 feet,must meet the following standards where not wall-or roof-mounted or located inside a building: a. The facility may not be located within 20 feet of any street property line; and b. The facility must be dark in color and painted or wrapped with a non-reflective material. 2. Service areas, such as waste and recycling containers,outdoor storage,and mechanical equipment,may not be located within 20 feet of any street property line,except where located inside a building. H. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Subsection 18.410.040.1. All points of measurement must be a minimum of 0.5 footcandles. b. The minimum average illumination is 3.5 footcandles for required building entrances and 2.0 footcandles for any non-required building entrances. All points of measurement must be a minimum of 1.0 footcandle. 2. Maximum illumination levels are measured vertically at the property line or sensitive lands boundary line. The maximum illumination is 0.5 footcandles at side and rear property lines, except that the maximum illumination may be increased to 1.0 footcandle where the development abuts a commercial or industrial zone. The maximum illumination is 0 footcandles at any sensitive lands boundary line. 3. Lighting must be shielded, with a cutoff angle of 90 degrees or greater to ensure that it does not shine upwards.Lighting sources, such as lamps and bulbs,may not be directly visible from adjacent properties or sensitive lands. I. Apartments are subject to all other applicable requirements of this title including but not limited to standards related to streets,utilities, sensitive lands,and signs. 18.230.050 Design Standards A. Entrances. 1. For dwelling units with internal building access,a minimum of 1 entrance per building must be visible and accessible from a public or private street or outdoor common open space. Additional entrances may face drive aisles,parking areas,or service areas. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street,outdoor common open space,or drive aisle that has a curb and path adjacent to the dwelling unit. 3. A required building entrance must be at an angle that is no more than 45 degrees from the street, common open space,or drive aisle that it faces.A required building entrance to an individual dwelling unit may exceed this standard where it opens onto a porch or stoop provided the angle is no more than 90 degrees from the street,common open space, or drive aisle that it faces. 4. A required building entrance must be covered,recessed,or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance,and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. B. Windows. 1. All building facades that face a public or private street must include a minimum of 15 percent window area. 2. The minimum window area standard does not apply to stories with sloped roofs or dormers. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least 2 different architectural features from the list provided below.An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building.Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas,but must provide at least 2 different architectural features on all street-facing facades. a. Facade articulation. A wall projection or recession that is a minimum of 6 feet in width and 2 feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. b. Roof eave or projecting cornice. i. An eave that projects a minimum of 12 inches from the building facade;or ii. A cornice that projects a minimum of 6 inches from the building facade and is a minimum of 12 inches in height. c. Roof offsets or dormers. i. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. See Figure 18.230.1; or ii. One dormer for each top-story dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. Figure 18.230.1 Roof Offset 2' min.•raotfCkct' ite/,‘ Y /r--- C,.., d. Accent siding.A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. e. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: i. a change in surface or siding pattern; ii. a change in surface or siding material; or iii. a change in the size or orientation of windows. f. Window area. A minimum of 50 percent window area is included. g. Window shadowing. All windows include at least one of the following: i. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth; or ii. Windows that are recessed a minimum of 3 inches from the building facade. h. Balconies. Balconies are included on all upper stories that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-story dwelling units with individual entrances include at least one of the following: i. A covered porch that is a minimum of 5 feet in width and depth;or ii. An entrance area that is a minimum of 5 feet in width and recessed a minimum of 2 feet from the building facade. j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: i. A building entrance area that is a minimum of 8 feet in width and is either: (A) recessed a minimum of 5 feet from the building facade,or (B) covered with a permanent architectural feature that provides weather protection. The architectural feature must be at least as wide as the entry, a maximum of 6 feet above the top of the entry,and a minimum of 5 feet in depth. The architectural feature may project into the minimum front setback; or ii. A permanent architectural feature above all first-story windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. The architectural feature may project into the minimum front setback. 2. The following building materials are prohibited on all building facades, including accessory structure facades,that face a public or private street or outdoor common open space. They may not be used collectively on more than 35 percent of any other building facade. a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing (EIFS), d. Corrugated metal, e. Plain concrete or plain concrete block, f. Spandrel glass, or g. Sheet pressboard. 18.230.060 Accessory Structures Accessory structures are allowed subject to the following standards: A. Accessory structures are prohibited in the required front or street side setback; B. Accessory structures may be located in the required side or rear setback provided they are a minimum of 5 feet from the side and rear property lines and a maximum of 15 feet in height; and C. All accessory structures,including structures required to screen utilities and service areas,and all site improvements, such as fences,walls, signs,and light fixtures,must use materials,colors,and architectural design features that are similar in scale and appearance to those on primary buildings. Chain link fencing and unfmished concrete blocks are prohibited within 20 feet of any street property line or public access easement. Chapter 18.240 COTTAGE CLUSTERS 18.240.010 Purpose The purpose of this chapter is to provide clear and objective standards for cottage cluster development to meet the requirements of state law and Oregon Statewide Planning Goal 10. Optional alternative standards are also provided for cottage cluster development. Cottage cluster development has the following characteristics: A. The development consists of detached cottages of limited size and footprint; B. The cottages are arranged around a courtyard that provides shared open space; C. The courtyard opens to the street and provides a visual and physical connection to the interior of the development; D. Internal pathways connect the cottages to the shared site elements and to the adjacent sidewalk; E. Off-street parking areas are efficiently designed and screened; and F. The overall design emphasizes sustainable development patterns and climate resiliency. 18.240.020 Applicability The standards of this chapter apply to cottage cluster development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. 18.240.030 Review Process Cottage cluster development requires review through one of the following: A. A cottage cluster development that complies with the clear and objective standards of Section 18.240.050 requires development permits. B. A cottage cluster development that does not comply with the clear and objective standards of Section 18.240.050 requires a site development review application, as provided in Section 18.780.040, subject to the alternative standards of Section 18.240.060 and any other applicable standards in this title. 18.240.040 General Provisions Adjustments to the clear and objective standards of Section 18.240.050 are prohibited. 18.240.050 Clear and Objective Standards A. Unit Count. The required number of cottages in a cottage cluster development is determined as follows: 1. A cottage cluster development must contain a minimum of 4 cottages; and 2. A minimum of one cottage is required for every 2,500 square feet of gross lot area. Any designated sensitive lands are included in the lot area. Any dedications are excluded from the lot area. B. Minimum lot width. 1. The minimum lot width in the RES-A zone is 65 feet. 2. The minimum lot width in the RES-B zone is 50 feet. 3. The minimum lot width in all other zones is 0 feet. C. Setbacks. Setbacks apply only to the perimeter of the cottage cluster development. 1. The minimum setback of cottages from all street property lines is 10 feet. 2. The minimum setback of cottages from all other perimeter property lines is 5 feet. D. Common courtyard. A single common courtyard must be provided. This common courtyard is not required to be rectangular;however, a single rectangle meeting size and location standards must be entirely contained within the common courtyard as shown in Figure 18.240.1. The rectangle is a portion of the common courtyard used to demonstrate compliance with all of the standards listed below. 1. The minimum size of the rectangle is 15 percent of the gross lot area. 2. The rectangle must abut a minimum of 15 percent of the length of a single street property line. See Figure 18.240.2. 3. The rectangle must not abut more than 40 percent of the length of a single street property line. 4. The rectangle must be a minimum of 15 feet wide along its entire length. 5. Each cottage must have all points along one facade located entirely within 10 feet of the rectangle. See Figure 18.240.3. 6. Cottages and parking and maneuvering areas are prohibited within the rectangle. Figure 18.240.1 Common Courtyard Relationship to Required Rectangle t® ill rui amimmimaw ■ Common Courtyard ■ Required Courtyard Rectangle Figure 18.240.2 Courtyard Rectangle Width at Street Property Line GOVZ-C`t F&Q1 'kG\-E °I° P OF STREET PROPERTY LINE '`. \ \OMPX•NO`�'��\ Op `\NE g\FZEE� Figure 18.240.3 Required Courtyard Frontage for Cottages OT p� P -_ SPG OPP 4:!6.--6_,c4•973„," Qlij,S,FO �9 ] E. Location of cottages.A minimum of two cottages in each development must have all points along one facade of each cottage located entirely within 20 feet of the same street property line. F. Configuration of cottages.All cottages must be detached, with a minimum separation between cottages of at least 3 feet at all points,including projections such as balconies and eaves. G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply,except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each cottage. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all of the off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each cottage. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of 2 to 4 parking spaces where all spaces in a group are contiguous. See Figure 18.240.4. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be located a minimum of 5 feet from a property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley,or other public right-of-way. c. Off-street parking spaces must be located a minimum of 10 feet from all cottages. d. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. e. Off-street parking space groups must be separated by a minimum of 5 feet from other parking space groups on the site. If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard, as provided in Table 18.420.1,except that trees are not required. 4. Parking structures. Parking structures including garages and carports are prohibited. 5. Screening. Off-street parking spaces must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet of a street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.240.4 Parking Grouping and Separation MIN SEPARATION OF5FT. M/N. GRO OF 7WOUP I `�_ MAX. GROUP OF FOUR H. Pedestrian access.An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each cottage to the following areas: 1. At least one parking space group on the lot, 2. The common courtyard rectangle, and 3. Sidewalks in all adjacent rights-of-way, including at least one connection to a sidewalk along the required courtyard rectangle frontage. See Figure 18.240.5. Figure 18.240.5 Pedestrian Connection Along Required Common Rectangle ill iii mr. „_ov\?..! 11illikr 1 pAllIII cov,,),-��c Pio FZEc,PG\E P` PS- PES STREET PROPERTY LINE ,C_ C,O\\E\��EC�\ON -C4 \' "\\\\1\ I. Landscaping. The standards and provisions of Section 18.420.030 apply,except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard,as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way in accordance with all standards of the city's UFM. b. An existing tree may be used to meet the street tree standards provided that: i. The tree is located in the public right-of-way, and ii. The tree meets the UFM standards for street trees. J. Fencing. 1. Fences located within 3 feet of a side or rear lot line are subject to the height requirements of Section 18.210.020, except that fences within the required front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 2. Fences located anywhere other than within 3 feet of a side or rear lot line must not exceed 3 feet in height,except for fences used to meet the screening requirements of Paragraphs 18.240.050.G.5 and 18.240.050.x.2. K. Service Areas. Service areas including but not limited to waste collection areas and utility cabinets must not be located in required setbacks or in the required courtyard rectangle, and must be screened to the S-1 standard as provided in Table 18.420.2. L. Floor area. 1. The total maximum floor area of a single-story cottage is 899 square feet. 2. Multi-story cottages must meet the following: a. The maximum floor area of the first story is 750 square feet. b. The maximum floor area of any story above the first story is 600 square feet. c. The total maximum floor area of the cottage is 1,100 square feet. 3. The average floor area of all cottages in a development must not exceed 1,000 square feet. M. Height. The maximum height of cottages is 35 feet. N. Entrances. A minimum of 75 percent of the cottages must have main entrances that are either parallel to or offset no more than 45 degrees from the closest edge of the required courtyard rectangle. Cottages within 20 feet of a street property line with their entrances either parallel to or offset no more than 45 degrees from the street property line may count toward this standard. O. Windows. The minimum total area of all windows and doors on all cottage facades is 12 percent. Window area is the aggregate area of the glass within each window, including any interior grids,mullions,or transoms. Door area is the portion of a door,other than a garage door,that moves and does not include the frame. 18.240.060 Alternative Standards A. Unit Count. The required number of cottages in a cottage cluster development is determined as follows: 1. A cottage cluster development must contain a minimum of 4 cottages; and 2. A minimum of one cottage is required for every 2,500 square feet of gross lot area. Any designated sensitive lands on the lot are included in the lot area. Any dedications are excluded from the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the cottage cluster development. 1. The minimum setback of cottages from all street property lines is 10 feet. 2. The minimum setback of cottages from all other perimeter property lines is 5 feet. D. Common courtyards. 1. Number. One common courtyard must be provided for each cluster of cottages. A cluster consists of a minimum of 4 cottages and a maximum of 12 cottages. The maximum number of courtyards in a cottage cluster development is determined by dividing the total number of cottages in the development by 12. Fractional results are rounded up to the nearest whole number. A minimum of one courtyard must meet the primary courtyard standards. 2. Size. a. The minimum total area of all required common courtyards is 15 percent of the total gross area of the development site. b. The minimum area of the primary courtyard is 8 percent of the total gross area of the development site. c. The maximum area that may count toward meeting the courtyard area standard is shown in Figure 18.240.6. This area includes the area of the shape created by: i. The courtyard-facing facade of each cottage, ii. A series of imaginary straight lines drawn between the courtyard-facing corners of adjacent cottages as measured at ground level, and iii. For primary courtyards,the edge of the courtyard along the street property line. 3. Design. a. Parking and maneuvering areas are prohibited within all common courtyards. b. At least one side of the primary courtyard must abut a single street property line for a minimum of 15 percent and a maximum of 40 percent of the length of that street property line. See Figure 18.240.7. c. The courtyard must be at least 15 feet wide along any imaginary line drawn perpendicular to its edges,as defined in Subparagraph 18.240.060.D.2.c above. d. Sight-obstructing structures or shrubs more than 3 feet in height must not be located in the primary common courtyard within 50 feet of any street property line. Figure 18.240.6 Common Courtyard Measurement STREET PROPERTY LINE Common Courtyard Cottages Figure 18.240.7 Common Courtyard Width at Street Property Line 1.1.01111 - - - FZEQU\FZEO C,ON�MO\�1 GOUT-�p`FZO STREET PROPERTY' bVIo13 `\NE SZFZEE�PF10p• E. Configuration of cottages. All cottages-must be detached, with a minimum separation between cottages of at least 3 feet at all points,including projections such as balconies and eaves. F. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply,except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each cottage. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all of the off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each cottage. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of 2 to 4 parking spaces where all spaces in a group are contiguous. See Figure 18.240.8. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be located a minimum of 5 feet from property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley,or other public right-of-way. c. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. d. Off-street parking space groups,including those provided in structures,must be separated by a minimum of 5 feet on all sides from all other parking space groups, parking structures, and cottages on the site. If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard,as provided in Table 18.420.1, except that trees are not required. Separation areas between garages are exempt from the landscaping requirement. 4. Parking structures. a. The maximum size for any detached parking structure is 750 square feet and the maximum height is 15 feet. The square footage of a carport is the total area covered by a roof. b. Each detached parking structure must not contain more than four vehicle parking spaces. 5. Screening. Off-street parking spaces provided on paved surfaces or in carports must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet of a street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.240.8 Parking Grouping and Separation SEPAJQI N. RAT/ONI 1111 OF 5 FT, IU/N GROUP OF Two MAX. GROUP OF FOUR _ G. Pedestrian access.An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each cottage to the following areas: 1. At least one parking space group on the lot, 2. At least one common courtyard,and 3. Sidewalks in all adjacent rights-of-way, including at least one connection to a sidewalk along the required primary common courtyard. See Figure 18.240.9. Figure 18.240.9 Pedestrian Connection Along Required Common Courtyard I 1110k 1 TIM --- �EQU\FZED • ',, STREET PROPERTY LINA CON\�ECZ\ON H. Landscaping. The standards and provisions of Section 18.420.030 apply, except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard,as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number.More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way in an easement when planting within the right-of-way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with Urban Forestry Manual street tree planting and soil volume standards if it were newly planted. I. Fencing. 1. Fences located within 3 feet of a side or rear lot line are subject to the height requirements of Section 18.210.020, except that fences within a front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 2. Fences located anywhere other than within 3 feet of a side or rear lot line must not exceed 3 feet in height,except for fences used to meet the screening requirements of Paragraphs 18.240.050.G.5 and 18.240.050.x.2. J. Service areas. 1. Waste collection areas must be located to minimize noise and odor impacts to adjoining residentially-zoned property to the degree practicable. 2. Service areas,including but not limited to waste collection areas and utility cabinets,must not be located in required setbacks or in a required common courtyard, and must be screened to the S-1 standard as provided in Table 18.420.2. K. Floor area. 1. The total maximum floor area of a single-story cottage is 1,000 square feet. 2. Multi-story cottages must comply with the following: a. The maximum floor area of the first story is 800 square feet. b. The maximum floor area of any story above the first story is 600 square feet. c. The total maximum floor area of the cottage 1,200 square feet. 3. The average floor area of all cottages in a development must not exceed 1,100 square feet. L. Height. The maximum height of cottages is 25 feet. M. Entrances. A minimum of 75 percent of the cottages must have main entrances that are either parallel to or offset no more than 45 degrees from the closest edge of the required courtyard rectangle. Cottages within 20 feet of a street property line with their entrances either parallel to or offset no more than 45 degrees from the street property line may count toward this standard. N. Windows. The minimum total area of all windows and doors on street-facing facades is 12 percent. The minimum total area of all windows and doors on all other facades is 10 percent. Window area is the aggregate area of the glass within each window,including any interior grids, mullions,or transoms. Door area is the portion of a door that moves and does not include the frame. 18.240.070 Pre-existing Dwelling Units Any single pre-existing primary dwelling unit or detached accessory dwelling unit on the same lot with a proposed cottage cluster development may be included in the cottage cluster subject to the following: A. The primary dwelling unit must have received a fmal inspection a minimum of 5 years prior to the date of the cottage cluster application for development permits. B. Any detached accessory dwelling unit must have been constructed and received a final inspection a minimum of 1 year prior to the date of the cottage cluster application for development permits. C. All development standards of this chapter apply to cottage cluster development with a pre- existing primary or accessory dwelling unit, including courtyard size and location standards, with the following exceptions: 1. Any primary or accessory dwelling units proposed to remain are considered a cottage for the purposes of meeting the required minimum number of cottages. 2. Any primary or accessory dwelling unit proposed to remain under these provisions must not be modified in a manner that causes them to go further out of conformance with the standards of this chapter. 3. The floor area of any primary or accessory dwelling unit proposed to remain is not included in the maximum average floor area calculation for the cottage cluster development. 4. Any primary or accessory dwelling unit proposed to remain is not required to meet standards for location or a common courtyard-facing main entrance. 18.240.080 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on a lot is 528 square feet. The floor area of parking structures does not count toward this maximum. Cottage cluster developments with more than 12 cottages on a lot are allowed an additional 500 square feet of accessory structure floor area,provided that no individual accessory structure exceeds 528 square feet in floor area. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the front setback. D. Accessory structures may be located within a required side or rear setback provided they are located a minimum of 5 feet from the side and rear property lines. Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose The purpose of this chapter is to provide clear and objective standards for courtyard unit development. Optional alternative standards are also provided for courtyard unit development. Courtyard unit development has the following characteristics: A. The development consists of attached dwelling units of limited size and height; B. The buildings containing the dwelling units are arranged around a courtyard that provides shared open space among the units; C. The courtyard opens to the street and provides a visual and physical connection to the interior of the development and the entrance-bearing facades of the dwelling units; D. Internal pathways connect the units to the shared site elements and to the adjacent sidewalk; E. Off-street parking areas are efficiently designed and screened; and F. The overall design emphasizes sustainable development patterns and climate resiliency. 18.250.020 Applicability The standards of this chapter apply to courtyard unit development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. 18.250.030 Review Process Courtyard unit developments require review through one of the following: A. A courtyard unit development that complies with all of the clear and objective standards of Section 18.250.050 requires development permits. B. A courtyard unit development that does not comply with all of the clear and objective standards of Section 18.250.050 requires a site development review application, as provided in Paragraph 18.780.040, subject to the alternative standards of Section 18.240.060 and any other applicable standards in this title. 18.250.040 General Provisions Adjustments to the clear and objective standards of 18.250.050 are prohibited. 18.250.050 Clear and Objective Standards A. Unit Count. The required number of dwelling units in courtyard unit development is determined as follows: 1. A courtyard unit development must contain a minimum of 5 dwelling units and a maximum of 12 dwelling units. 2. A minimum of one dwelling unit is required for every 2,000 square feet of gross lot area. Any designated sensitive lands on the lot are included in the gross lot area. Any dedications for public improvements or public access are not included in the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the courtyard unit development. 1. The minimum front and side setbacks are 10 feet. 2. The minimum rear setback is 15 feet. 3. The maximum setback from a front street property line is 20 feet. D. Common courtyard. A single common courtyard must be provided. This common courtyard is not required to be rectangular;however, a single rectangle meeting size and location standards must be entirely contained within the common courtyard as shown in Figure 18.250.1. The rectangle is a portion of the common courtyard used to demonstrate compliance with all of the standards listed below. 1. The minimum size of the rectangle is 15 percent of the gross lot area; 2. The rectangle must abut a minimum of 15 percent of the length of a single street property line; 3. The rectangle must not abut more than 40 percent of the length of a single street property line; 4. The rectangle must be a minimum of 15 feet wide along its entire length. 5. Each building must have all points along the courtyard-facing facade located entirely within 10 feet of the rectangle. 6. Dwelling units and parking and maneuvering areas are prohibited within the rectangle. Figure 18.250.1 Common Courtyard Relationship to Required Rectangle gif i ■ Common Courtyard ■ Required Courtyard Rectangle Figure 18.250.2 Required Courtyard Frontage for Courtyard Units ApE ap vNi T EAG iv GOV` 0 -° r. -p #.p7� mo „ o ..-x-r...&<<"" \_ ror ' &"'"'Q&I iiiiiiip. —5 7--P-02 7_r..,<N.2 E. Configuration of dwelling units. Dwelling units must be attached,except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.2. F. Location of dwelling units. The dwelling units must be arranged around the common courtyard. If dwelling units are provided in 2 detached buildings,the buildings must face each other across the common courtyard. See Figure 18.250.2. Figure 18.250.2 Possible Configurations and Locations of Dwelling Units 1E- _• Courtyard Units ❑ Common Courtyard G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all of the off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of 2 to 4 parking spaces where all spaces in a group must be contiguous. See Figure 18.250.3. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be provided within 5 feet of a property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley,or public right-of-way. c. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. d. Off-street parking space groups must be separated by a minimum of 5 feet on all sides from all other parking space groups and dwelling units on the site. If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard,as provided in Table 18.420.1, except that trees are not required. 4. Parking structures. Parking structures including garages and carports are prohibited. 5. Screening. Off-street parking spaces must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet of a street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.250.3 Parking Grouping and Separation / 7 °f / OF5 FT, MSFG ROUP WO MAX. GROUP OF FOUR H. Pedestrian access.An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each dwelling unit to the following areas: 1. At least one parking areas on the lot, 2. The common courtyard, and 3. Sidewalks in all adjacent rights-of-way,including at least one connection through the required courtyard rectangle. See Figure 18.250.4. Figure 18.250.4 Pedestrian Connection Along Required Common Rectangle vsz ;sd itiA:Y �:.- ry 34414' COv��`IPFtO FZEG�P\\\G\-E STREET PROPERTY LINE W \\\ p�Dolop��\�� I. Landscaping. The standards and provisions of Section 18.420.030 apply,except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard,as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way in accordance with all standards of the city's UFM. b. An existing tree may be used to meet the street tree standards provided that: i. The tree is located in the public right-of-way, and ii. The tree meets the UFM standards for street trees. J. Fencing. 1. A fence at least 6 feet in height must be provided at the perimeter of the site,within 3 feet of rear and side property lines, except that a fence is not required in the front setback. 2. Fences located within the required front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 3. Fences located anywhere other than within 3 feet of a side or rear lot line not exceed 3 feet in height,except for fences used to meet the screening requirements of Paragraphs 18.250.050.G.5 and 18.250.050.1K. K. Service Areas. Service areas including but not limited to waste collection areas and utility cabinets must not be located in required setbacks or in the required courtyard rectangle, and must be screened to the S-1 standard as provided in Table 18.420.2. L. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,100 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 900 square feet. M. Height. The maximum height of a courtyard unit building is 18 feet. N. Entrances. A minimum of 75 percent of the dwelling units must have main entrances that are either parallel or offset no more than 45 degrees from the closest edge of the required courtyard rectangle. Dwelling units within 20 feet of a street property line with their entrances either parallel or offset no more than 45 degrees from the street property line may count toward this standard. 0. Facade length. 1. Front facades within the required front setback must not exceed 40 feet in length. See Figure 18.250.5. 2. The total length of front facades within the required front setbacks must not exceed 80 feet in length. See Figure 18.250.5. 3. Street-facing side facades on corner lots may be any length. Figure 18.250.5 Facade Length Within Required Front Setbacks l 1 i 0 1 .ide 1111I ■�� " Frsmt El Rist-of-way • Courtyard Units Required min.and max.setbacks Max.length cf x and y is 40 fiXE, Max.length of x+y is S0 feet. P. Windows. The minimum total area of all windows and doors on building facades is 12 percent. Window area is the aggregate area of the glass within each window, including any interior grids, mullions,or transoms. Door area is the portion of a door, other than a garage door,that moves and does not include the frame. 18.250.060 Alternative Standards A. Unit Count. The required number of units in a courtyard unit development is determined as follows: 1. A courtyard unit development must contain a minimum of 5 dwelling units; and 2. A minimum of one dwelling unit is required for every 1,500 square feet of gross lot area. Any designated sensitive lands on the lot are included in the gross lot area. Any dedications for public improvements or public access are not included in the lot area. B. Minimum lot width. The minimum lot width is 75 feet. C. Setbacks. Setbacks apply only to the perimeter of the courtyard unit development. 1. The minimum front and side setbacks are 10 feet. 2. The minimum rear setback is 15 feet. 3. The maximum setback from any street property line is 20 feet. D. Common courtyards. 1. Number.A common courtyard must be provided for every 12 courtyard units, or portion thereof. The maximum number of courtyards in a courtyard unit development is determined by dividing the total number of dwelling units in the development by 12. When this calculation results in a fraction,the result will be rounded up to the nearest consecutive whole number. A minimum of one courtyard must meet the primary courtyard standards. 2. Size. a. The minimum total area of all required common courtyards is 15 percent of the total gross area of the development site. b. The minimum area of the primary courtyard is 10 percent of the total gross area of the development site. c. The maximum area that may count toward meeting the courtyard area standard is as shown in Figure 18.240.6. This area includes the area of the shape created by: i. The courtyard-facing facade of each building containing dwelling units, ii. A series of imaginary straight lines drawn between the comers of buildings facing each other across the courtyard,as measured at ground level,and iii. For primary courtyards,the edge of the courtyard along the street property line and a perpendicular line extending from the street property line to the edge of each courtyard-facing facade. 3. Design. a. Parking and maneuvering areas are prohibited within all common courtyards. b. At least one side of the primary courtyard must abut a single street property line for a minimum of 15 percent and a maximum of 40 percent of the length of that street property line. See Figure 18.240.7. c. The courtyard must be at least 15 feet wide along any imaginary line drawn perpendicular to its edges,as defined in Subparagraph 18.250.060.D.2.c above. d. Sight-obstructing structures or shrubs more than 3 feet in height must not be located in the primary common courtyard within 50 feet of any street property line. Figure 18.250.6 Common Courtyard Measurement _LI Jr STREET PROPERTY LINE Common Courtyard Courtyard Unit Building Footprint Figure 18.240.7 Common Courtyard Width at Street Property Line FLEOv\FZ�cO --- . co�M\C LINE �1\O\\'`N\\\\\.'\`��lo STREET PROPERTY \\\,\P`� 4 ,64zs . g��c�c�FFZOF. E. Configuration of dwelling units. Dwelling units must be attached, except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.6. F. Location of dwelling units. The dwelling units must be arranged around the common courtyard. If dwelling units are provided in 2 detached buildings,the buildings must face each other across the common courtyard. If a development includes more than 12 dwelling units, then each building containing dwelling units must be arranged adjacent to or around at least one courtyard. See Figure 18.250.8. Figure 18.250.8 Possible Configurations and Locations of Dwelling Units I Courtyard Units ❑ Common Courtyard G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all the off-street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of 2 to 4 parking spaces where all spaces in a group must be contiguous. See Figure 18.250.9. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be located a minimum of 5 feet from property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley,or other public right-of-way. c. Off-street parking spaces must be located a minimum of 5 feet from any public access easement. d. Off-street parking space groups,including those provided in structures,must be separated by a minimum of 5 feet on all sides from all other parking space groups, parking structures, and dwelling units on the site. If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Separation areas between garages are exempt from the landscaping requirement. See Figure 18.250.9. 4. Parking structures. a. The maximum size for any detached parking structure is 750 square feet and the maximum height is 15 feet. The square footage of a carport is the total area covered by a roof. b. Each detached parking structure must not contain more than four vehicle parking spaces. 5. Screening. Off-street parking spaces provided on paved surfaces or in carports must meet the following: a. They must be screened from the street to the S-4 standard if located within 100 feet of a street property line. b. They must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. Figure 18.250.9 Parking Grouping and Separation 111 SEPA�I N. RAT/ON1111J OF 5 FT, GROUP OF Two j / MAX. GROUP OF FOUR H. Pedestrian access.An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each dwelling unit to the following areas: 1. At least one parking space group on the lot, 2. At least one common courtyard,and 3. Sidewalks in all adjacent rights-of-way, including at least one connection to a sidewalk along the required primary common courtyard. I. Landscaping. The standards and provisions of Section 18.420.030 apply, except for Paragraphs 18.420.030.A.2 and 18.420.030.A.3. The following additional standards also apply: 1. Common courtyards must meet the L-1 standard, as provided in Table 18.420.1. 2. A minimum of 33 percent tree canopy must be provided. The method for determining tree canopy is provided in Section 10 Part 3 Subpart M of the Urban Forestry Manual (UFM). All required trees must be a minimum caliper of 1.5 inches at the time of planting and meet the standards in Section 13 Part 2 and Appendix 3 of the UFM for soil volume and species. Trees planted to meet this standard are development trees. The applicant must pay the tree inventory fee listed in the city's Master Fees and Charges Schedule. 3. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction,the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. a. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way in an easement when planting within the right-of-way is not practicable as determined by the City Engineer. b. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with Urban Forestry Manual street tree planting and soil volume standards if it were newly planted. J. Fencing. 1. A fence at least 6 feet in height must be provided at the perimeter of the site,within 3 feed of rear and side property lines, except that a fence is not required in the front setback. 2. Fences located within the required front setback must not exceed 3 feet in height even when the lot abuts a collector or arterial street. 3. Fences located anywhere other than within 3 feet of a side or rear lot line not exceed 3 feet in height,except for fences used to meet the screening requirements of Paragraphs 18.250.060.G.5 and 18.250.060.1K. K. Service areas. 1. Waste collection areas must be located to minimize noise and odor impacts to adjoining residentially-zoned property to the degree practicable. 2. Service areas,including but not limited to waste collection areas and utility cabinets,must not be located in required setbacks or in a required common courtyard, and must be screened to the S-1 standard as provided in Table 18.420.2. L. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,200 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 1,000 square feet. M. Height. The maximum height of a courtyard unit building is 25 feet. N. Entrances. A minimum of 75 percent of the dwelling units must have main entrances that are either parallel to or offset no more than 45 degrees from the closest edge of the required common courtyard. Dwelling units within 20 feet of a street property line with their entrances either parallel to or offset no more than 45 degrees from the street property line may count toward this standard. 0. Facade length. 1. Front facades within the required front setback must not exceed 50 feet in length. See Figure 18.250.8. 2. The total length of front facades within the required front setbacks must not exceed 100 feet in length. See Figure 18.250.10. 3. Street-facing side facades on corner lots may be any length. Figure 18.250.10 Facade Length Within Required Front Setbacks • Sick Y Hr�rnt Right-Of-way Courtyard Units Required min.and max.setbacks Max.icngth cf x and y is 40 fccE, Max.length of x+y is 80 feet. N. Windows. The minimum total area of all windows and doors on street-facing facades is 12 percent. The minimum total area of all windows and doors on all other facades is 10 percent. Window area is the aggregate area of the glass within each window,including any interior grids, mullions,or transoms. Door area is the portion of a door,other than a garage door,that moves and does not include the frame. 18.250.070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on a lot is 528 square feet. The floor area of parking structures does not count toward this maximum. Courtyard unit developments with more than 12 dwelling units on a lot are allowed an additional 500 square feet of accessory structure floor area,provided that no individual accessory structure exceeds 528 square feet in floor area. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the required front setback. D. Accessory structures may be located within a required side or rear setback provided they are located a minimum of 5 feet from the side and rear property lines. Chapter 18.270 QUADS 18.270.010 Purpose The purpose of this chapter is to provide clear and objective and alternative standards for quad development to meet the requirements of state law and Oregon Statewide Planning Goal 10. Quad development has the following characteristics: A. The development is made up of four attached dwelling units of limited size; B. The configuration of the units provides visual access to the street for all dwelling units; C. The form of the building resembles a two-story single detached house in size and appearance; D. Off-street parking areas are efficiently designed and screened; and E. The overall design emphasizes sustainable development patterns and climate resiliency. 18.270.020 Applicability The standards of this chapter apply to quad development wherever this housing type is allowed as provided in the use and housing type tables in Chapter 18.110,Residential Zones and Chapter 18.120, Commercial Zones. Additional standards apply in the River Terrace Plan District, as provided in Chapter 18.640,River Terrace Plan District. 18.270.030 Compliance Quad development must comply with the clear and objective standards of Section 18.270.040 and all other applicable standards of this title. 18.270.040 Clear and Objective Standards A. Unit count. A quad development must contain four dwelling units. B. Configuration of dwelling units. 1. Two dwelling units must be wholly contained within a first story. Two dwelling units must be wholly contained within a second story. 2. All dwelling units must have at least one street-facing window. C. Lot size and width. Dimensional lot standards are provided in Chapter 18.805 Lot Standards. Quad development is not allowed on lots that do not meet the dimensional lot standards for the base zone. D. Development Standards. Development standards are provided in Table 18.270.1. Table 18.270.1 Development Standards for Quads Standard RES-A and RES-C and MUR-1 and RES-B RES-D MUR-2 Minimum Setbacks (ft) -Front 15 10 None - Street side 15 10 None - Side 5 5 5 -Rear 15 15 15 Maximum Setbacks(ft) -Front 20 15 10 - Street side 20 15 10 Maximum Height(ft) 30 35 35 Maximum Lot Coverage 80% 80% 80% Minimum Landscape Area 20% 20% 20% E. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply,except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. The required minimum and maximum number of off-street parking spaces is provided in Table 18.270.2. If the lot is within 2,500 feet of a right-of-way that includes transit service,the applicable parking minimum is reduced by half. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. Table 18.270.2 Quad Parking Requirements by Zone RES-A and RES-C RES-D MUR-1 and RES-B MUR-2 Minimum off-street parking 4 3 2 None spaces Maximum off-street parking 5 4 4 4 spaces 2. Grouping. Off-street parking spaces including parking provided in structures must be grouped. 3. Location. a. Off-street parking spaces and structures must be located a minimum of 20 feet from any street property line,except alley property lines,where parking may be provided within 5 feet of the property line. b. Off-street parking spaces and structures must not be located within 10 feet of any other property line. c. Covered parking may be provided under the first story of the quad,provided that this parking is accessed from the rear of the building and is not visible from the street. 4. Parking structures. One parking structure is allowed per quad development, subject to the following: a. The maximum size is 750 square feet; and b. The maximum height is 15 feet. F. Pedestrian access.An accessible path must be provided that connects the main entrance of the quad to the following: 1. All parking areas on the site; and 2. Sidewalks in the adjacent right-of-way. G. Service areas. Service areas including but not limited to waste collection areas and utility cabinets must not be located in required setbacks and must be screened to the S-1 standard, as provided in Table 18.420.2. H. Floor area. The maximum square footage of each dwelling unit within a quad development is 1,000 square feet. I. Entrances. At least one main entrance to the quad must be either parallel to or offset no more than 45 degrees from a street property line. J. Exterior staircases.Exterior staircases to the second story of a quad are prohibited. K. Windows. The minimum total area of all windows and doors on all quad facades is 12 percent. Window area is the aggregate area of the glass within each window, including any interior grids, mullions,or transoms. Door area is the area of the portion of a door,other than a garage door,that moves and does not include the frame. 18.270.050 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 528 square feet. The floor area of parking structures does not count toward this maximum. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the front setback. D. Accessory structures may be located within the side, street side,or rear setback provided they are a minimum of 5 feet from the side and rear property lines. Chapter 18.280 ROWHOUSES 18.280.010 Purpose The purpose of this chapter is to provide clear and objective standards for rowhouse development to meet the requirements of state law and Oregon Statewide Planning Goal 10. Rowhouse development has the following characteristics: A. The development consists of dwelling units that are attached and share common side walls; B. The rowhouses engage directly with the street through their placement and the location of their entrances; C. Off-street parking areas are efficiently designed with shared access and alley access where practicable to minimize the impact of accessways on the pedestrian realm; and D. The overall design emphasizes sustainable development patterns and climate resiliency. 18.280.020 Applicability A. The standards of this chapter apply to rowhouse development in the RES-A,RES-B,RES-C, RES-D,RES-E,MUR-1, and MUR-2 zones.Additional standards apply in the River Terrace Plan District,as provided in Chapter 18.640,River Terrace Plan District. An applicant may elect to apply the standards of Chapter 18.230, Apartments,when proposing rowhouse development in base zones where apartment development is allowed. B. Rowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. C. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones. Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660,Tigard Triangle Plan District, respectively. 18.280.030 Compliance Rowhouse development must comply with the clear and objective standards of Section 18.280.040 and all other applicable standards of this title. 18.280.040 Clear and Objective Standards A. Unit count.A rowhouse development must contain at least two dwelling units. There is no maximum number of dwelling units,except that in the RES-A through RES-C zones,the maximum number of dwelling units per grouping is 5. B. Lot size and width. Dimensional lot standards are provided in Chapter 18.805 Lot Standards. Rowhouse development is not allowed on lots that do not meet the dimensional lot standards for the base zone. C. Development Standards. Development standards are provided in Table 18.280.1. Table 18.280.1 Development Standards for Rowhouses Standard RES-A and RES-C and RES-E MUR-1 MUR-2 RES-B RES-D Minimum Setbacks (ft) -Front 20 15 15 0 10 - Street side 20 15 10 5 10 - Side [1] 5 5 5 5 5 -Rear [2] 25 15 15 15 15 Maximum Setbacks(ft) -Front 20 20 20 20 20 - Street side 20 20 20 20 20 Maximum Height 35 35 45 75 45 Maximum Lot Coverage 80% 80% 80% 80% 80% Minimum Landscape Area I 20% 20% 20% I 20% 20% [1] This standard does not apply to a common wall lot line where the dwelling units are attached. [2] There is no rear setback requirement when the rear property line abuts an alley. D. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply,except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each rowhouse. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. 2. Access. Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access,or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920,Access, Egress, and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide,the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 dwelling units, except that each rowhouse grouping of three or more dwelling units may include 1 driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C. ii. The minimum width for a driveway is 15 feet,except that a single unshared driveway may be 10 feet in width. iii. The maximum width for a driveway is 18 feet, except that the maximum width for a single unshared driveway is 12 feet. iv. Driveways must be located a minimum of 18 feet apart to minimize vehicle conflicts with pedestrians.Distance between driveways is measured along the front property line. Figure 18.280.1 Access Configuration for Tandem Driveways Rawhanne Rowhovse Nodose 10wliowe R4whpU5P ROwhOUi 6fONfh01Fse Aowhousc Tanern Tandem tandem Tanaem DFwve�n+ayFiYWdy Dan Driveway Sidew,Ik-1-1At- T5 18" II 35- .01 J STREET STREET b. Shared access. If access for all dwelling units in a rowhouse development is shared and off-street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each dwelling unit,the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. Figure 18.280.2 Access Configuration for Shared Access Off-street parking area Aawhione Rawhouse 110whouse Rowhoule Rawhause Rawhouse Rowhause Rowhaluse ■ ■ Shared U Access Sidewalk�I'-20' f _ STREET c. Alley access. If access is taken from an alley,the following standards apply: i. A maximum of one access is allowed for each dwelling unit. ii. The minimum paved width of an alley access is 10 feet. 3. Location. Off-street parking areas,including detached parking structures,must be located a minimum of 20 feet from any street property line, except alley property lines, where no minimum setback is required. 4. Parking structures. Parking structures in rowhouse developments are subject to the following: a. Detached parking structures must be located a minimum of 40 feet from a street property line where rowhouses provide main entrances. b. The maximum size for a detached parking structure is 200 square feet per rowhouse served by the structure. c. The maximum height for a detached parking structure is 15 feet. 5. Screening. Screening of parking areas is not required,except that in the RES-A through RES-C zones,off-street parking areas provided at the side or rear of buildings and not in structures must be screened from adjacent properties to the S-3 standard,as provided in Table 18.420.2. The required screening must be provided on the same site as the development. E. Pedestrian access. Rowhouse developments of 5 or more dwelling units must provide a paved, accessible pedestrian path that connects the main entrance of each rowhouse to the following: 1. Sidewalks in the right-of-way abutting the site; 2. Common buildings such as laundry and recreation facilities; 3. Parking areas; and 4. Common open space and play areas. F. Service areas. Service areas including but not limited to shared waste collection areas and utility cabinets must not be located in required setbacks and must be screened to the S-1 standard, as provided in Table 18.420.2. G. Dwelling unit definition. Each dwelling unit must include at least one of the following on the street-facing facade: 1. A roof dormer that is a minimum of 4 feet in width, 2. A balcony that is a minimum of 2 feet in depth and accessible from an interior room, 3. A bay window that projects a minimum of 2 feet from the facade,or 4. A facade that is offset a minimum of 2 feet in depth from the neighboring dwelling unit. H. Main entrance. The main entrance of each rowhouse must face the street. If a rowhouse has more than one street property line,the entrance may face either street. I. Porches. Each rowhouse in a grouping must include a porch that is a minimum of 48 square feet in area with no horizontal dimension less than 6 feet. A balcony on the same facade as the main entrance may substitute for a front porch,provided that the following are met: 1. The area of the balcony must be a minimum of 48 square feet, 2. The balcony must be a minimum of 8 feet in width, 3. The floor of the balcony must be a maximum of 15 feet above grade,and 4. The balcony must be accessible from the interior living space of the house. J. Roofs.Roofs must be sloped,with a minimum pitch of 4/12 and a maximum pitch of 14/12, except that a roof may be flat if it meets one of the following: 1. The space on top of the roof is used as a deck or balcony that is no more than 150 square feet in area and is accessible from an interior room;or 2. The roof line includes a cornice that extends at least 6 inches from the facade and is a minimum of 12 inches in height. K. Exterior staircases. Exterior staircases to any story above the first story of a rowhouse are not allowed. L. Windows.A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids,mullions,or transoms.Door area is the portion of a door=other than a garage door=that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. 18.280.050 Accessory Structures Accessory structures are allowed subject to the following standards: A. The maximum size of accessory structures is 528 square feet; B. The maximum height of accessory structures is 15 feet; C. Accessory structures are prohibited within the front setback; and D. Accessory structures may be located within the side or rear setback provided they are a minimum of 5 feet from the side and rear property lines. Chapter 18.290 SMALL FORM RESIDENTIAL 18.290.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of small form residential development. Attached accessory dwelling units are considered small form residential development for the purposes of meeting the requirements of applicable state law and administrative rules. Small form residential development has the following characteristics: A. It contains between one and three dwelling units on the same lot; B. The dwelling units are attached; C. The dwelling units may be newly constructed or converted from existing dwelling spaces; and D. The dwelling units may share utilities where allowed by the applicable service provider. 18.290.020 Applicability The standards of this chapter apply to small form residential development.Attached accessory dwelling units are considered small form residential development. 18.290.030 Compliance Small form residential development must comply with the clear and objective standards of Section 18.290.040 and all other applicable standards of this title. 18.290.040 Clear and Objective Standards A. Unit Count. 1. A maximum of 3 attached dwelling units are allowed per lot. 2. A maximum of 1 detached accessory dwelling unit is allowed per lot, subject to the standards of Chapter 18.220 Accessory Dwelling Units. The total maximum number of dwelling units on a small form residential lot is 3,including any detached accessory dwelling units. Detached accessory dwelling units are prohibited on lots with 3 small form residential dwelling units. B. Development standards.Development standards for small form residential development are provided in Table 18.290.1. Table 18.290.1 Development Standards for Small Form Residential Standard RES-A RES-B RES-C RES-D and MUC-1 RES-E 111 Minimum Setbacks (ft) -Front 20 15 10 10 0 [2] -Street side 20 15 10 10 0 [2] -Side 5 5 5 5 0 -Rear 25 15 15 15 0 - Garage [3] 20 20 20 20 20 Maximum Height 30 30 35 35 70 Maximum Lot Coverage 80% 80% 80% 80% 90% Minimum Landscape 20% 20% 20% 10% Area [4] 20% Minimum Parking 1 off-street vehicle parking space per lot[5] [1] Development standards for small form residential development and allowed accessory uses and structures in the RES-E zone apply only to lots with existing nonconforming development.New construction of small form residential development is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. [2] The maximum front and street side setback is 20 feet. [3] The minimum garage setback applies to garages and carports.The minimum setback may be reduced to 0 feet where vehicle access is taken from an alley. [4] The minimum landscape area must be planted to the L-1 standard.Landscaping standards are provided in Chapter 18.420, Landscaping and Screening.Small form residential development is exempt from the general provisions of Section 18.420.030. [5] The minimum parking standard may be met with an on-street parking credit.On-street parking credit standards are provided in Section 18.410.090. C. Entrances. Entrances must meet the following standards: 1. At least one entrance per development must be set back no further than 8 feet from the widest street-facing wall; and 2. The entrance used to meet this standard must be offset no more than 45 degrees from a line parallel to the front lot line. If the front lot is curved,the offset is measured from a line tangent to the midpoint of the front lot line. D. Windows.A minimum of 12 percent of the area of all street-facing facades, excluding alley- facing facades,must include windows or doors.Window area is the aggregate area of the glass within each window, including any interior grids, mullions,or transoms. Door area is the portion of a door,other than a garage door,that moves and does not include the frame. 1. Garage doors designed for vehicle access may not be used to meet this standard. 2. Windows in a garage door may be used to meet this standard. 3. A maximum of 2 percent of the required window area may be frosted glass. E. Attached garages and carports. The purpose of these standards is to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.290.1. All attached garages or carports must meet the following standards, except for garages or carports on flag lots or where vehicle access to the garage or carport is taken from an alley. 1. A garage door or carport entrance designed for vehicle access must not be closer to the street property line than a facade that encloses living area along the same street frontage, except as follows: a. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living area if there is a covered front porch with no horizontal dimension less than 5 feet and the garage door or carport entrance does not extend beyond the roof of the porch, excluding gutters. b. A garage door or carport entrance may extend up to 5 feet in front of a facade that encloses living area if there is a second story above the garage that includes a street- facing window with a minimum area of 12 square feet and a horizontal offset of no more than two feet from the plane of the garage door. 2. The total maximum width of all garage doors or carport entrances on a street-facing facade is 12 feet or 50 percent of the total width of the street-facing facade,whichever is greater. The width of a garage door is measured from inside the garage door frame.Where more than one garage door is proposed,the width of each garage door is measured separately. See Figure 18.290.1. Figure 18.290.1 Garage Door Width .Property Line I I BuildingilLmv I I I ✓ ■ � I ✓ ■ I Garagex . I 1 I y L • . • . . . STREET X: Width of garage door Y: Width of street-facing facade 3. The total maximum width of all garage doors or carport entrances maybe increased to 60 percent of the total width of the street-facing facade provided that a minimum of 7 detailed design elements from the list below are included on the street-facing facade with the garage door or carport entrance. a. Covered porch: a minimum depth of 5 feet,as measured horizontally from the face of the building wall,and a minimum width of 5 feet. b. Recessed entrance area: A minimum depth of 2 feet,as measured horizontally from the face of the building wall,and a minimum width of 5 feet. c. Wall offset: a minimum offset of 16 inches from one exterior wall surface to the other. d. Dormer: a minimum width of 4 feet that is integrated into the roof form. e. Roof eave: a minimum projection of 12 inches from the intersection of the roof and the building walls. f Roof offset: a minimum offset of 2 feet from the top surface of one roof to the top surface of the other. g. Roof shingles: tile or fire-resistant roofing material. h. Roof design: gable roof,hip roof,or gambrel roof design. i. Roof pitch: a roof pitch of at least 500 square feet in area that is sloped to face the southern sky and has its eave line oriented within 30 degrees of the true north/south axis. j. Horizontal lap siding: a minimum visible lap width of 3 to 7 inches once installed. The siding material must be wood, fiber-cement,or vinyl to meet this standard. k. Accent siding: brick, cedar shingles, stucco,or other accent material that covers a minimum of 40 percent of the facade. 1. Window trim: a minimum width of 2.5 inches and a minimum depth of 5/8 inches around all windows. m. Window recess: a minimum depth of 3 inches, as measured horizontally from the face of the building wall, for all windows except where a bay window is proposed that meets the standard in Subparagraph 18.290.040.C.3.n. n. Window projection(e.g.,bay window): a minimum depth of 2 feet,as measured horizontally from the face of the building wall, and a minimum width of 5 feet. o. Balcony: a minimum depth of 3 feet and a minimum width of 5 feet that is accessible from an interior room. 18.290.050 Accessory Structures Accessory structures are allowed on all lots with small form residential development subject to the following standards: A. The maximum size of accessory structures is 528 square feet on lots less than 2.5 acres and 1,000 square feet on lots 2.5 acres or larger; B. The maximum height of accessory structures is 15 feet; C. Accessory structures may not cause the lot to exceed the maximum lot coverage allowed in the base zone; D. Accessory structures are prohibited in the required front setback; and E. Accessory structures may be located in the required side, street side,or rear setback provided they are a minimum of 5 feet from the side, street side, or rear property lines,except for garages and carports, which are subject to specific setback standards for the side of the structure designed for vehicle access, as provided in Table 18.290.1. Chapter 18.710 LAND USE REVIEW PROCEDURES 18.710.010 Purpose The purpose of this chapter is to establish a standard review procedure for land use applications. This chapter is intended to make the land use review process clear and understandable, to facilitate timely review by the city, and to enable the public to participate in the local land use decision-making process. 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Review Type Section ADU Accessory Dwelling Unit 18.220 I Adequate Public Facilities Exception MIS 18.640 II (inside River Terrace) Adjustment -Inside River Terrace Plan District 18.640 ADJ -Inside Downtown Tigard Plan District 18.650 II - Inside TMU zone 18.660 - Citywide 18.715 ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown Development Review 18.650 I, II (N/A) Extension 18.745 I, II MIS Historic Resource Designation or Alteration 18.750 II, III-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition I 18.820 II Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana Facility Permit 18.430 I Modification MMD -Minor 18.765 I -Major II PDR Planned Development 18.770 II, III-PC SLR Sensitive Lands Review 18.510 I, II, III-HO SGN Sign Permit 18.435 I SDR Site Development Review 18.780 I, II SUB Subdivision 18.830 II SBP Sublot Plat 18.840 II-Modified TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation (inside TMU zone) 18.660 II R Urban Forestry Plan Modification or 18.420 I, III-HO, III- UF Discretionary Review PC Zoning Map Amendment III-PC ZON -Quasi-Judicial (site specific) 18.790 III-Modified, -Legislative(citywide) Legislative 18.710.030 General Provisions A. Pre-application conferences. A pre-application conference is required for all Type II and Type III applications, except for Home Occupations, Extensions,and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actions are exempt from a pre-application conference. 1. To request a pre-application conference,a prospective applicant must submit a pre- application request form,a brief description of the proposed uses, and a site plan. 2. When a pre-application conference is required,the prospective applicant must meet with the city for the purpose of identifying policies and regulations that relate to the proposed development,providing technical data and assistance that will aid the applicant,and identifying other opportunities or constraints that relate to the proposed development. 3. Failure of the Director to provide any of the information required by this chapter does not constitute a waiver of the standards, criteria,or requirements of the applications. 4. Due to possible changes in applicable law,the facts and circumstances of the property, and the information developed during the review process and other factors,information provided by the city during the pre-application conference is not binding. Applicants are solely responsible for demonstrating compliance with all applicable standards. 5. The prospective applicant has one year from the date of the pre-application conference to submit a land use application for the proposed development. B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment(quasi judicial), conditional use, major modifications,planned development review, sensitive lands review(Type II and III), site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 1. The location of the meeting must be open to the public and accessible in compliance with the Americans with Disabilities Act. The facility must be located as close to the proposed development site as possible. 2. The meeting must be held in the evening on a Monday through Thursday. 3. The prospective applicant must provide a written and posted notice for the meeting. a. A written notice to the city's interested parties list and property owners within 500 feet of the proposed development site must be mailed not less than 2 weeks but no more than 4 weeks from the date of the meeting. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date,time and location of the meeting; and iv. A vicinity map that clearly identifies the property or properties included in the proposal. b. A notice must be posted at the proposed development site,not less than 2 weeks but not more than 4 weeks from the meeting date,in a location where the notice is visible from each street frontage. The notice must include: i. Description and location of the proposal; ii. Applicant contact information; iii. Date,time and location of the meeting; and iv. A vicinity map that clearly identifies the development site included in the proposal. c. The prospective applicant must complete an affidavit of mailing and posting of the notice. 4. At the meeting,the prospective applicant must: a. Read the"Statement of Purpose"letter provided by the city to the attendees; b. Present the proposal, including at least a site plan; c. Provide a handout with a contact name and phone number; and d. Provide a sign in sheet to document the names and addresses of all individuals who attend the meeting and take meeting minutes of all comments, concerns, and issues raised at the meeting. 5. The affidavits,meeting minutes, and other meeting materials must be submitted to the city with the application. C. Application submittal. 1. Applications may be initiated by: a. All of the property owners,contract purchasers of the subject property,or any agent authorized to represent the property owners or contract purchasers. Easement holders are not considered owners for this section. If the subject property was divided without a partitioning or subdivision approval required by law at the time of the division, an application for approval of the land division may be filed by the owner,contract purchaser,or representative of one of the units of land created by the division; b. The Director; c. Tigard City Council; d. Tigard Planning Commission; or e. A public entity that has the right of eminent domain for projects the entity has the authority to construct. 2. Multiple applications for a single proposed development will be consolidated unless the applicant specifies otherwise in the application. A concurrent application review consolidates the review of multiple applications into a single review process. The applications will be processed using the highest review type required for any part of the proposed development. 3. The application must include,at a minimum,the following items. The Director may waive items listed if they are not applicable to the proposed application. a. Application form,including signature of the property owner or public agency initiating the application. b. Deed,title report,or other proof of ownership. c. Detailed and comprehensive description of existing site conditions and all existing and proposed uses and structures,including a summary of all information contained in any site plans. d. Narrative that demonstrates how the proposal meets all applicable approval criteria, regulations,and development standards. e. Site plans,landscape plans,grading plans,elevation drawings,preliminary plat,final plat,or similar to scale. f. Any other materials required by a specific land use application. g. Any required service provider letters,including,but not limited to, Clean Water Services,waste disposal company,or other entity. h. Any required studies or reports,including,but not limited to,a traffic impact analysis, wetland delineation report,or geotechnical report. i. Copy of any existing and proposed restrictions or covenants. j. Payment of all fees,based on the fee schedule in effect at time of submittal,as adopted by City Council. k. Copy of the pre-application conference notes,if applicable. 1. Copy of the mailed neighborhood meeting letter,the mailing list,affidavits of mailing and posting,copy of the meeting sign-in sheets,meeting minutes,and any handouts provided at the meeting,including the site plan,if applicable. D. Application completeness. 1. When the application is accepted,the Director will review the application for completeness. If the application is incomplete,the Director will notify the applicant of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. 2. The application will be deemed complete upon the receipt of: a. All of the missing information; b. Some of the missing information and a written notice from the applicant that no other information will be provided; or c. Written notice from the applicant that none of the missing information will be provided. 3. If the applicant does not submit the missing information or provide written notice that no additional information will be provided,the application will be deemed void on the 181St day after submittal. E. Modifications of applications. A modification of application means the applicant's submittal of new information after an application has been deemed complete and prior to close of the record on a pending application that would modify a development proposal by changing one or more of the following components:proposed uses,operating characteristics,intensity, scale,or site layout,in a manner that requires the application of new criteria to the proposal or that would require a substantial change to the findings of fact. It does not mean a submittal of new evidence that merely clarifies or supports the pending application. 1. A Type I or Type II application may be modified up until the decision is issued. A Type II application that is appealed or Type III application may be modified up until the close of the record. 2. The approval authority will not consider any evidence submitted by the applicant that would constitute a modification of an application, as defined above,unless a new application is submitted for the modification. The modification constitutes a new application and restarts the 120-day clock for the application being modified. 3. Prior to the first public hearing or if a hearing is not required,the Director will have sole authority to determine whether an applicant's submittal constitutes a modification.After such a time,the hearing authority will make such determination. The determination on whether a submittal constitutes a modification is appealable only to the Land Use Board of Appeals and only after a final decision on the application is issued. F. Amended decision process. 1. The purpose of an amended decision is to provide the Director the ability to correct typographical errors, rectify inadvertent omissions, or make other minor changes that do not materially alter the decision. 2. The approval authority may issue an amended decision after the notice of fmal decision has been issued but before the appeal period has expired. 3. The notice of an amended decision is the same as that which applies to a Type II procedure, as provided in Section 18.710.060. G. Withdrawal of an application. An application may be withdrawn prior to issuance of a decision. H. Re-submittal of application following denial. Applications that have been denied, excluding applications denied solely on procedural grounds,may not be resubmitted for the same or a substantially similar proposal unless one or more of the following are met: 1. Twelve months has passed since the denial became fmal; 2. Substantial changes are made to the application that resolve all findings for denial of the application; or 3. Standards and criteria relative to the findings of the original denial have changed. I. Receipt of submittals. Any submittals for which a deadline is provided for in this chapter must be addressed to the recipient department designated in the notice and actually and physically received by the designated recipient department on or before the close of business on the due date, except that if the due date falls on a state or federal holiday, a regular weekday that the Community Development Department,or its successor, is not open for business,or a weekend,will be extended to the close of business on the next day that the department is open for business.Emails are considered received at the time shown on the city's email system. Submittals received after the deadline will not be considered or effective. J. Conformance with application.Unless provided otherwise in the decision,development must conform in all material respects to the approved application and submittals in support of the application. 18.710.040 Types of Reviews A. General. This section defines the review types and establishes the approval and appeal authority for each. B. Review types defined. There are four review procedure types: Type I,Type II, Type III,and Legislative. Table 18.710.1 contains the city's land use application types and associated review types. The review types are defined as follows: 1. Type I procedures apply to land use applications that are governed by clear and objective approval criteria or development standards that may require the exercise of professional judgment about technical issues only. Type I actions are decided by the Director without public notice and without a public hearing. 2. Type II procedures apply to land use applications that are governed by subjective approval criteria or development standards that may require the exercise of limited discretion. Type II actions are decided by the Director with public notice. If any party with standing appeals a Type II decision,the appeal of such decision will be heard by the Hearings Officer. 3. Type III procedures apply to land use applications that are governed by approval criteria that require the exercise of discretion and judgment and about which there may be broad public interest. Type III applications are decided by the Hearings Officer(Type III-HO) or the Planning Commission(Type III-PC)with appeals to the City Council. Type III-Modified are decided by the City Council with a recommendation from the Planning Commission. 4. Legislative actions involve the establishment and modification of land use plans,policies, and regulations. The Legislative procedure includes two public hearings;the first by the Planning Commission and then by the City Council. The hearings provide opportunities for public comment and input on actions that may affect large areas of the city. C. Approval and appeal authorities. The approval and appeal authorities for each review type are provided in Table 18.710.2. The decision of the appeal authority is the city's fmal decision. Parties with standing may appeal the city's final decision to the Oregon Land Use Board of Appeals. Table 18.710.2 Review Types and City Appeal Authorities Review Type Approval Authority Appeal Authority Type I Community Development Director None/Land Use Board of Appeals Type II Community Development Director Hearings Officer Type II-Modified Community Development Director Hearings Officer [1] Type III-HO Hearings Officer City Council Type III-PC Planning Commission City Council Type III-Modified City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission Legislative City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission [1] Appeal procedures are subject to the provisions of ORS 197.375 in addition to the procedures of this Chapter. D. Determination. The Director will determine the most appropriate review type for land use applications or actions requested. The Director determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. E. Notice. 1. A failure of any person to receive actual notice that was mailed does not invalidate the decision or action.In all other cases, failure to receive notice or irregularities in providing notice is grounds for invalidation only if the party demonstrates substantial prejudice. The city may require re-notification,grant a continuance, or take other actions to avoid prejudice without requiring that a new application be filed. 2. The city may provide notice in excess of the minimum requirement. 3. Public notices required by this section will be sent to the names and addresses of owners as shown on the current Washington County property tax records. The boundary of the subject property includes all contiguous property under the same ownership of as the subject property. All notices will be deemed delivered on the date the notice is deposited in the U.S.Mail or personally delivered,whichever first occurs. F. Burden of proof and procedural error. 1. Unless expressly provided otherwise in this title or by law,the applicant has the burden of proof to demonstrate compliance with all applicable criteria and standards,including on appeal. 2. Unless expressly identified as jurisdictional,failure to comply with a provision of this chapter invalidates an action only if the person alleging the error demonstrates that the error occurred and that person's substantial rights have been prejudiced. G. Remanded and withdrawn decisions. The approval authority for a remanded or withdrawn decision will be the approval authority from which the appeal to the Land Use Board of Appeals was taken,except that in voluntary or stipulated remands,the City Council may decide that it will hear the case on remand. 18.710.050 Type I Procedure A. Decision requirements. The Director will approve,approve with conditions,or deny the requested application or action based on the applicable approval criteria and development standards. B. Final decision. The Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision is not appealable locally and is the final decision of the city. C. Effective date. The Director's decision is effective on the day after it is final. 18.710.060 Type II Procedure A. Notice of application. The purpose of such notice is to provide nearby property owners and other interested parties with an opportunity to submit written comments concerning the application, prior to issuance of the decision. The goal of this notice is to invite parties of interest to participate early in the review process. 1. Prior to making a decision,a notice of application must be mailed to: a. All owners of record within 500 feet of the proposed development site; b. City's interested parties who have requested to receive notice of all land use notices; c. Any city-recognized neighborhood group or community organization whose boundaries include the proposed development site; and d. Any governmental agency that is entitled to notice. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of application must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and telephone number of the city contact person to obtain additional information; e. A statement that the city will consider written comments submitted prior to the issuance of the decision and the place,date,and time that comments are due; f. Indicate that all evidence relied upon by the approval authority to make this decision is contained within the record and is available for public review. Copies of this evidence may be obtained from the Director; g. Indicate that after the comment period closes, the approval authority will issue a decision; and h. Contain the following notice: "Notice to mortgagee, lienholder,vendor,or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." B. Decision requirements. The approval authority will approve,approve with conditions,or deny the requested application based on the applicable approval criteria and development standards. C. Notice of decision. 1. Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is signed by the approval authority. 2. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. 3. A notice of decision must include: a. An explanation of the decision,including case number; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; c. A statement that the complete case file is available for review,including when and where the case file is available and the name and telephone number of the city contact person to obtain additional information; d. The date the decision will become fmal,unless appealed; e. A statement that any person entitled to notice or who are adversely affected or aggrieved by the decision may appeal the decision; and f. A statement briefly explaining how an appeal may be filed,the deadline for filing an appeal, and a reference to where further information about filing an appeal can be obtained. D. Final decision and effective date. A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed. 18.710.070 Type II-Modified Procedure All applications subject to the Type II-Modified review will follow the procedures provided in Section 18.710.060, Type II Procedure,modified as provided in ORS 197.360 through 197.380 and as follows: A. Pre-application conferences are recommended,but the pre-application conference requirements of Subsection 18.710.030.A do not apply. B. The neighborhood meeting requirements of Subsection 18.710.030.B do not apply. 18.710.080 Type III Procedure A. Notice of hearing. 1. A notice of hearing must be provided as follows: a. At least 20 days prior to the hearing date,a notice of hearing must be mailed to: i. The applicant and all owners or contract purchasers of record of the proposed development site; ii. All property owners of record within 500 feet of the proposed development site; iii. City's interested parties who have requested to receive notice of all land use notices; iv. Any city-recognized neighborhood group and community organizations whose boundaries include the proposed development site; v. Any affected governmental agency that is entitled to such notice; and vi. In actions involving appeals,the appellant and all parties to the appeal. b. The Director will prepare an affidavit of mailing such notice that indicates the date that the notice was mailed to the necessary parties. The affidavit will be made part of the record. c. At least 14 days prior to the hearing date, a notice of the hearing must be posted on the proposed development site by the applicant.An affidavit of posting such notice must be prepared by the applicant and submitted as part of the record. 2. A mailed notice of hearing must include: a. An explanation of the application, including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time,and location of the hearing; f. State the failure to raise an issue at the hearing, in person,or by letter, or failure to provide statements or evidence sufficient to afford the approval authority an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue; g. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; h. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing,and that a copy may be provided at a reasonable cost; i. Include a general explanation of the requirements for submittal of testimony and the procedure for conducting hearings; and j. Contain the following notice: "Notice to mortgagee,lienholder,vendor,or seller: The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser." 3. A posted notice of hearing must include: a. An explanation of the application,including case number and the proposed use or uses that could be authorized; b. A description of the proposed development site,including street address, map and tax lot number,or other easily understood geographical reference to the proposed development site and zoning designation; c. List of criteria and development standards applicable to the application; d. Include the name and the telephone number of the city contact person to obtain additional information; e. State the date,time,and location of the hearing; f. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies may be provided at a reasonable cost; and g. State that a copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing,and that a copy may be provided at a reasonable cost. B. Hearing requirements. Hearings before the appropriate approval authority,as provided in Table 18.710.2,will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.110. C. Decision requirements. The approval authority will approve,approve with conditions,or deny the requested application based on the applicable approval criteria and development standards. D. Notice of decision.Notice of decision must be mailed to the applicant and to all parties of record within 7 days after the decision is filed by the approval authority with the Director. The notice must be provided in compliance with Paragraphs 18.710.060.C.2 and 3. E. Final decision and effective date. The decision of a Type III application is final for purposes of appeal on the date the notice of decision is mailed. The decision is effective on the day after the appeal period expires,unless an appeal is filed. 18.710.090 Type III-Modified Procedure All applications subject to the Type III-Modified review will follow the procedures provided in Section 18.710.080, except that the approval authority may remand the decision to the recommending body. 18.710.100 Appeals A. Filing an appeal.A Type II or III decision may be appealed as follows: 1. The following parties have standing to appeal a decision: a. The applicant; b. For appeals of a Type II decision,any person who is adversely affected or aggrieved or who was entitled to written notice of the Type II decision; and c. Any party,who demonstrates that the person participated in the proceeding through the submittal of written or verbal testimony. 2. An appeal must be filed with the Director within 15 days of the date the notice of decision was mailed. 3. An appeal must include: a. The date and case file number of the decision being appealed; b. Documentation that the person filing the appeal has standing to appeal; c. A detailed statement describing the basis of appeal; and d. Payment of the required fee,based on the fee schedule in effect at time of submittal,as adopted by City Council. The fee is established by the Director. The maximum fee for an appeal hearing is the cost to the local government for preparing and for conducting the hearing, or the statutory maximum,whichever is less. Failure to timely pay the required fee is a jurisdictional defect. B. Procedure for Type II and III appeals. 1. All appeals must provide notice of hearing in compliance with Type III notice requirements,as provided in Subsection 18.710.080.A. 2. Appeal hearings before the appropriate appeal authority,as provided in Table 18.710.2, will be conducted in compliance with the quasi-judicial hearing requirements in Section 18.710.110. 3. Appeal hearings are de novo. A de novo hearing allows for the presentation of new evidence,testimony,and argument by any party. The appeal authority will consider all relevant evidence,testimony,and argument that are provided at the hearing by the appellant or any party. The scope of the hearing is not limited to the issues that were raised on appeal. 4. The decision of the appeal authority is the final local decision and is final and effective on the date the decision is mailed. 18.710.110 Quasi-Judicial Hearings A. Procedures. The following procedures apply to all quasi-judicial hearings: 1. At the commencement of the hearing, a statement will be made to those in attendance that: a. Lists the applicable substantive criteria; b. States that testimony and evidence must be directed toward the relevant approval criteria described in the staff report, or other criteria in the plan or land use regulation that the person testifying believes to apply to the decision; and c. States that failure to raise an issue with sufficient specificity to afford the approval authority and the parties an opportunity to respond to the issue,precludes an appeal to the Land Use Board of Appeals on that issue and that failure of the applicant to object to a condition of approval may preclude an action for damages in circuit court. 2. Parties to a quasi-judicial hearing are entitled to an impartial hearing authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible.It is recognized,however,that the public has a countervailing right of free access to public officials;therefore: a. Hearing authority members must disclose the substance of any pre-hearing ex parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member must state whether the contact has impaired the impartiality or ability of the member to vote on the matter and provide the parties the right to rebut the substance of the communication. The member will participate or abstain accordingly. b. Any member of the hearing authority may not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: the member or member's spouse,brother, sister,child,parent, father-in-law, mother-in-law, or partner; any business in which the member is then serving or has served within the previous 2 years;or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment.Any actual or potential interest must be disclosed at the meeting of the hearing authority where the action is being taken. c. Disqualification of a hearing authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote. d. If all members abstain or are disqualified,the administrative rule of necessity will apply.All members present who declare their reasons for abstention or disqualification will thereby be re-qualified to act. e. In cases involving the disqualification or recusal of a Hearings Officer,the city will provide a substitute Hearings Officer in a timely manner subject to the above impartiality rules. 3. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony. The local hearing authority may grant such request by continuing the public hearing in compliance with Subparagraph 18.710.110.A.4.a or by leaving the record open for additional written evidence or testimony as provided in Subparagraph 18.710.110.A.4.b. 4. If the hearing authority grants a continuance,the hearing will be continued to a date,time, and place certain at least 7 days from the date of the initial evidentiary hearing. An opportunity will be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing,any person may request,prior to the conclusion of the continued hearing,that the record be left open for at least 7 days,to submit additional written evidence or testimony for the purpose of responding to the new written evidence. 5. If the hearing authority leaves the record open for additional written evidence or testimony,the record must be left open for at least 7 days. Any participant may file a written request with the city for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed,the hearing authority must reopen the record in compliance with Paragraph 18.710.110.A.5. a. A continuance or extension granted is subject to the limitations of ORS 227.178, unless the continuance or extension is requested or agreed to by the applicant; b. Unless waived by the applicant,the city will allow the applicant at least 7 days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant's final submittal will be considered part of the record but may not include any new evidence. B. The record. 1. The record contains all testimony and evidence that is submitted and not rejected. 2. The hearing authority may take official notice of judicially cognizable facts in compliance with the applicable law. If the hearing authority takes official notice,it must announce its intention and allow the parties to the hearing to present evidence concerning the fact. 3. The hearing authority must retain custody of the record as appropriate,until a final decision is rendered. 4. When a hearing authority re-opens a record to admit new evidence,arguments, or testimony, any person may raise new issues that relate to the new evidence, arguments, or testimony,or criteria that apply to the matter at issue. C. Ex parte communications. 1. Members of the hearing authority may not: a. Communicate,directly or indirectly,with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to rebut the substance of the communication; or b. Take notice of any communication,report,or other materials outside the record prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the materials so noticed. 2. No decision or action of the hearing authority will be invalid due to ex parte contacts or bias resulting from ex parte contacts with a member of the approval authority if the member of the approval authority receiving contact: a. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and b. Makes a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication is related. 3. Members of the hearing authority are subject to the provisions of ORS 244 and the provisions of this section. 4. A communication between city staff and the hearing authority is not considered an ex parte contact. D. Presenting and receiving evidence. 1. The hearing authority may set reasonable time limits for oral presentations and may limit or exclude cumulative,repetitious,irrelevant, or personally derogatory testimony. 2. Oral testimony will not be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing,but only in compliance with the schedule and procedure announced by the hearing authority prior to the close of the public hearing,or as otherwise provided by this section. 18.710.120 Legislative Procedure Legislative actions typically involve adoption of an ordinance.In addition to any requirements imposed by the city charter,the following procedures apply. In the event of a conflict,the charter governs. A. Notice of hearing. 1. All Legislative applications require two hearings,one before the Planning Commission and one before the City Council. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. B. Hearing process and procedure. Unless otherwise provided in the rules of procedure adopted by the City Council,the presiding officer of the Planning Commission and of the City Council have the authority to: 1. Regulate the course, sequence,and decorum of the hearing; 2. Dispose of procedural requirements or similar matters; and 3. Impose reasonable time limits for oral presentations. C. Continuation of the public hearing. The Planning Commission or the City Council may continue any hearing and no additional notice is required if the matter is continued to a date,time and location certain. D. Adoption process and authority. 1. The Planning Commission may: a. After the public hearing, formulate a recommendation to the City Council to adopt, adopt with modifications,adopt an alternative,or deny the Legislative application;and b. Within 14 days of determining a recommendation,the written recommendation must be signed by the presiding officer of the Planning Commission and filed with the Director. 2. The City Council may: a. Adopt, adopt with modifications, adopt an alternative,deny,or remand to the Planning Commission for rehearing and reconsideration on all or part of the Legislative application; b. Consider the recommendation of the Planning Commission,however,it is not bound by the Planning Commission's recommendation; and c. Act by ordinance, which must be signed by the Mayor after the City Council's adoption of the ordinance. E. Vote. 1. A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for adoption,adoption with modifications, adoption of an alternative,or denial. 2. The concurrence of a majority of the members of the City Council present and voting, when a quorum is present, is necessary to decide and question before the City Council. F. Notice of decision.Notice of decision must be mailed within 7 days after the decision is filed with the Director to all persons who testified orally or in writing. G. Final decision and effective date. The decision of a Legislative application is final and effective on the date specified in the enacting ordinance. 18.710.130 Special Procedures A. Expedited land divisions. The expedited land division(ELD)procedure provides an alternative to the standard procedures for some land divisions. The applicant may choose to use the ELD process if the land division request meets all of the elements specified in ORS 197.360. The steps of this procedure are in ORS 197.365 through 197.375. The application submittal requirements are provided in Section 18.710.030. B. Limited land use decisions.A limited land use decision(LLD)is defined and may be used in the manner set forth in ORS 197.015(12). 1. An applicant who wishes to use an LLD procedure instead of the regular procedure type assigned to it,must request the use of the LLD at the time the application is filed,or forfeit their right to use it; 2. An LLD will be reviewed in compliance with ORS 197.195. The city will follow the city's Type II procedure,as provided in Section 18.710.060, except to the extent otherwise required by applicable state law. C. Affordable housing developments.Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete,provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwelling units; 2. At least 50 percent of the dwelling units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County,or for the state,whichever is greater; and 3. The development is conditioned on the recording of a covenant appurtenant,prior to the issuance of a certificate of occupancy, that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.710.130.C.2, except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. Chapter 18.780 SITE DEVELOPMENT REVIEWS 18.780.010 Purpose The purpose of this chapter is to provide an appropriate and efficient review process for ensuring compliance with the standards and provisions of this title that effectively coordinates the city's land use and development review functions. 18.780.020 Applicability A. This chapter applies to development that requires site development review, except as provided in Subsections 18.780.020.B and C below. B. This chapter does not apply to development that is specifically exempted from site development review by another chapter of this title. C. This chapter does not apply to development that requires or proposes review through the conditional use or planned development review process. 18.780.030 General Provisions A. Site development approval is required to develop a vacant site or to substantially redevelop an existing developed site. Substantial redevelopment is defined as a proposal that involves substantial changes to uses, structures, site improvements, operating characteristics, or original findings of fact. B. Site development approvals may be modified as allowed by Chapter 18.765,Modifications. 18.780.040 Approval Process A. The following types of development require a site development review application that is processed through a Type I procedure as provided in Section 18.710.050: 1. Apartments,and 2. Mobile home parks. B. The following types of development require a site development review application that is processed through a Type II procedure as provided in Section 18.710.060: 1. Cottage cluster development that meets the alternative standards of Section 18.240.060, 2. Courtyard unit development that meets the alternative standards of Section 18.250.060, 3. Nonresidential development, 4. Mixed-use development,and 5. Wireless communication facilities subject to the standards of Section 18.450.040. 18.780.050 Approval Criteria The approval authority will approve or approve with conditions a site development review application when all of the criteria listed below are met. These criteria broadly reference all chapters in this title that contain standards that may apply to the development. The city will identify which standards are applicable through the land use review process and evaluate the proposed development accordingly. A. The proposed development complies with all applicable base zone standards; B. The proposed development complies with all applicable residential and nonresidential development standards; C. The proposed development complies with all applicable supplemental development standards, including but not limited to off-street parking and landscaping standards; D. The proposed development complies with all applicable special designation standards, including but not limited to sensitive lands protection; E. The proposed development complies with all applicable plan district standards and requirements; and F. The proposed development complies with all applicable street and utility standards and requirements. Chapter 18.805 LOT STANDARDS 18.805.010 Purpose The purpose of this chapter is to provide standards for the creation or modification of lots. 18.805.020 Applicability The standards of this chapter apply to new lots that are created through a partition or subdivision and to existing lots that are reconfigured through a lot line adjustment or lot consolidation. Additional lot standards may apply to certain types of uses or development as provided in this title. 18.805.030 Residential Lot Standards A. Lot size. Dimensional standards for lots created or configured for residential development are provided in Table 18.805.1 for all zones where residential development is allowed. Table 18.805.1 Dimensional Standards for Residential Lots by Housing Type MUE-1 Standard RES-A RES-B RES-C RES-D RES-E MU-CBD MUC MUC-1 MUE and MUR-1 MUR-2 MUE-2 Minimum Lot Size(ft) Apartments 3,000 1,480 None None None None None None None Cottage Cluster 20,000 7,500 7,000 7,000 10,000 10,000 Courtyard Unit 20,000 7,500 7,000 7,000 8,000 8,000 Quad 10,000 7,500 5,000 3,000 None None Rowhouse 1,500 1,500 1,250 750 None None None None None Small Form Residential 20,000 7,500 5,000 3,000 Maximum Lot Size(ft) Apartments None None None None None None None None None Cottage Cluster 32,499 32,499 32,499 32,499 32,499 32,499 M Courtyard Unit 25,999 125,999 25,999 25,999 25,999 25,999 illi Quad 11,500 9,000 6,250 6,250 5,000 5,000 Rowhouse 3,000 3,000 1,750 1,250 1,000 None 870 870 1,750 Small Form Residential 25,000 9,375 6,250 3,750 Minimum Lot Width(ft) Apartments None None None None None None None None None Cottage Cluster 75 50 50 None Er None None Courtyard Unit 75 50 50 50 None None Quad Lm..... Aiii 75 50 50 None None None Rowhouse 25 25 20 None 20 None 16 16 16 Small Form a �� Residential 100 50 50 None Is B. Lot shape. Each lot for quad, rowhouse,or small form residential development must be rectilinear in shape with straight side lot lines at right angles to front lot lines,and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented must not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners,as measured using the process of Subsection 18.40.060.C. C. Lot frontage_Each lot must have a minimum of 40 feet of frontage on a public or private right- of-way, except for the following types of lots: 1. Flag lots and rowhouse lots must have a minimum of 15 feet of frontage on a public or private right-of-way; 2. Lots with curved frontages along cul-de-sacs or eyebrows must have a minimum of 20 feet of frontage on a public or private right-of-way as measured along the arc of the front lot line; and 3. Lots at the terminus of a private street must have a minimum of 20 feet of frontage on a private right-of-way. D. Flag lots.Flag lots may only be created or configured through the provisions of Chapter 18.810,Lot Line Adjustments And Lot Consolidations or Chapter 18.820, Land Partitions. Flag lots are subject to the following: 1. The minimum lot width and depth of a flag lot is 40 feet and is measured as provided in Section 18.40.080,and 2. Any lot line may be designated as the front lot line provided that no side setback is reduced to less than 10 feet. 18.805.030 Nonresidential Lot Standards Dimensional standards for lots nonresidential or mixed-use lots created or reconfigured in commercial or industrial zones are provided in Table 18.805.2. Table 18.805.2 Dimensional Standards for Nonresidential Lots Zones C-N MUE-2 MUC Standard C-G C-P MUE MUR- MUR-1 MUE- I-P I-L 111 C-C 2 1 Minimum Lot 5,000 None 6,000 None None None None None None None Size(sq. ft.) Minimum Lot 50 50 50 50 None None None 50 50 50 Width (ft.) Chapter 18.810 LOT LINE ADJUSTMENTS AND LOT CONSOLIDATIONS 18.810.010 Purpose The purpose of this chapter is to provide rules, regulations, and criteria governing approval of lot line adjustments and lot consolidations. 18.810.020 Approval Process A. Approval process.A lot line adjustment and consolidation application is processed through a Type I procedure,as provided in Section 18.710.050. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G. 18.810.030 General Provisions A. Conditions. Lots reconfigured using the dimensional standards for cottage cluster, courtyard unit,quad,and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through a lot creation or modification process, other than a sublot plat. B. Exemptions from dedications.A lot line adjustment or lot consolidation is not considered a development action for purposes of determining whether special flood hazard area,greenway,or right-of-way dedication is required. 18.810.040 Approval Criteria—Preliminary Plat The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: A. The reconfiguration of lot lines must not result in the creation of an additional lot. B. The reconfigured lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards. C. All pre-existing buildings and structures on the reconfigured lots must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. D. Where a common drive is to be provided to serve more than one lot,a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved lot line adjustment or lot consolidation. 18.810.050 Recording Lot Line Adjustments and Lot Consolidations A. Recording requirements. Upon approval of the proposed lot line adjustment or lot consolidation,the applicant must record the lot line adjustment or lot consolidation with Washington County and submit a copy of the recorded survey map to the city,to be incorporated into the record. B. Time limit. The applicant must submit the copy of the recorded lot line adjustment or lot consolidation survey map to the city prior to the issuance of any development permits on the re- configured lots. Chapter 18.820 LAND PARTITIONS 18.820.010 Purpose The purpose of this chapter is to provide rules, regulations, and standards governing approval of land partitions. 18.820.020 General Provisions A. Conformance with state statute. All land partition proposals must comply with all state regulations as provided in ORS Chapter 92, Subdivision and Partitions. B. Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway,the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk,or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. C. Prohibition on sale of lots. Sale of lots created through the land partitioning process is prohibited until the final partition plat is recorded. D. Conditions.Lots created using the dimensional standards for cottage cluster, courtyard unit, quad,and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another lot creation or modification process, other than a sublot plat. 18.820.030 Approval Process A. Approval through two-step process. A land partition application requires a two-step process: the preliminary plat and the final plat. 1. Preliminary plat. A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060. 2. Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G. 18.820.040 Approval Criteria—Preliminary Plat The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: A. The proposed preliminary plat must comply with all applicable standards and provisions of this title and the Tigard Municipal Code; B. There must be adequate public facilities available to serve the proposed lots; C. The proposed lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards. D. All pre-existing buildings and structures must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. E. Where a common drive is to be provided to serve more than one lot,a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved partition plat. 18.820.050 Final Plat Submittal Requirements A. Submittal.All final plats applications for land partitions must provide three copies of the final plat prepared by a land surveyor or engineer licensed to practice in Oregon,and any necessary data or narrative. The final plat must incorporate any conditions of approval imposed as part of the preliminary plat approval. B. Standards. The final plat and data or narrative must be drawn to the standards provided in the Oregon Revised Statutes (ORS 92.05)and by Washington County. 18.820.060 City Acceptance of Dedicated Land A. Acceptance of dedications. The City Engineer will accept the proposed right-of-way dedication prior to recording a land partition. B. Acceptance of public easements. The City Engineer will accept all public easements shown for dedication on partition plats. 18.820.070 Recording Partition Plats A. Recording requirements. Upon approval of the proposed partition,the applicant must record the final partition plat with Washington County and submit a copy of the recorded survey map to the city,to be incorporated into the record. This plat must be recorded with any deed restrictions required as a condition of approval. B. Time limit. The applicant must submit the copy of the recorded partition survey map to the city prior to the issuance of any development permits on the newly created lots. Chapter 18.830 SUBDIVISIONS 18.830.010 Purpose The purpose of this chapter is to provide rules, regulations, and standards governing approval of subdivisions. 18.830.020 General Provisions A. Conformance with state statute.All subdivision proposals must comply with all state regulations as provided in ORS Chapter 92, Subdivisions and Partitions. B. Lot averaging. Lot area or width may be reduced to allow lots less than the minimum applicable standard provided the average lot area or width for all lots in the subdivision is not less than that required. All lots created under this provision must be at least 80 percent of the minimum required lot area or width. C. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as provided in Chapter 18.440,Temporary Uses. D. Minimize flood damage. All subdivision proposals must be consistent with the need to minimize flood damage. E. Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway,the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk,or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. F. Need for adequate utilities. All subdivision proposals must have public utilities and facilities such as sewer,gas,electrical, and water systems located and constructed to minimize flood damage. G. Need for adequate drainage.All subdivision proposals must have adequate drainage provided to reduce exposure to flood damage. H. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for subdivision proposals and other proposed developments that contain at least 50 lots or 5 acres (whichever is less). I. Prohibition on sale of lots. Sale of lots created through the subdivision process is prohibited until the final subdivision plat is recorded. J. Prohibition on flag lots. The creation of flag lots through a subdivision is prohibited. K. Conditions. 1. Lots created using the dimensional standards for cottage cluster, courtyard unit,quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another lot creation or modification process, other than a sublot plat. 2. The approval authority may attach conditions that are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the city for the purpose of controlling access to adjacent undeveloped properties. 18.830.030 Approval Process A. Approval through two-step process. A subdivision application requires a two-step process: the preliminary plat and the final plat. 1. Preliminary plat. A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060. An application for a preliminary plat may be reviewed concurrently with an application for a planned development,as provided in Chapter 18.770, Planned Developments. 2. Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G. 18.830.040 Approval Criteria—Preliminary Plat The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: A. The proposed preliminary plat must comply with all applicable standards and provisions of this title and the Tigard Municipal Code; B. The proposed lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards. C. The proposed plat name must not be duplicative and must satisfy the provisions of ORS Chapter 92; D. The streets and roads must be laid out so as to conform to the plats of subdivisions and partitions already approved for adjacent property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and E. An explanation must be provided for all common improvements. 18.830.050 Approval Criteria—Final Plat A final plat will be approved when all of the following are met: A. The final plat complies with the preliminary plat approved by the approval authority and all conditions of approval have been met; B. The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities; C. The streets and roads held for private use and indicated on the preliminary plat of such subdivision have been approved by the city; D. The plat contains a donation to the public of all common improvements,including but not limited to streets, roads,parks, sewage disposal,and water supply systems; E. An explanation is included that explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat; F. The plat complies with the applicable zoning ordinance and other applicable regulations; G. A certification by the appropriate water provider that water will be available to the lot line of each lot depicted on the plat or bond,contract,or other assurance has been provided by the applicant to the city that a domestic water system will be installed by or on behalf of the applicant to the lot line of each lot depicted on the plat. The amount of the bond, contract,or other assurance by the applicant must be determined by a registered professional engineer, subject to any change in amount as determined necessary by the city; H. A certificate has been provided by the city's engineering department that a sewage disposal system will be available to the lot line of each lot depicted in the proposed plat; I. Copies of signed deeds have been submitted granting the city a reserve strip as provided by Subsection 18.830.040.B; J. The plat contains a surveyor's affidavit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92[060] and indicating the initial point of the survey, and giving the dimensions and kind of such monument,and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location; K. The plat includes any deed restrictions imposed as a condition of approval; L. The plat includes all tracts and easements proposed by the applicant in the preliminary plat or imposed as a condition of approval; and M. All improvements have been installed in accordance with these regulations and with preliminary plat approval. 18.830.060 Bond A. Performance guarantee required. The applicant must file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon that remains in force until the surety company is notified by the city in writing that it may be terminated; or 3. Cash. B. Determination of sum. The assurance of performance will be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs,including related engineering and incidental expenses. C. Itemized improvement estimate. The applicant must furnish to the City Engineer an itemized improvement estimate,certified by a registered civil engineer,to assist the City Engineer in calculating the amount of the performance assurance. D. When applicant fails to perform. In the event the applicant fails to carry out all provisions of the agreement and the city has un-reimbursed costs or expenses resulting from such failure,the city may call on the bond,cash deposit,or letter of credit for reimbursement. E. Termination of performance guarantee. The applicant may not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the city. 18.830.070 Filing and Recording A. Filing.Within 60 days of the city review and approval,the applicant must submit the final plat to the county for signatures of county officials as required by ORS Chapter 92 and Section 18.830.060. This plat must be recorded with any deed restrictions required as a condition of approval. B. Proof of recording.Upon final recording with the county,the applicant must submit to the city a mylar copy of the recorded final plat and a copy of recorded deed restrictions. This must occur prior to the issuance of development permits for the newly created lots. C. Prerequisites to recording the plat. 1. No plat will be recorded unless all ad valorem taxes and all special assessments, fees,or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92; 2. No plat will be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92. 18.830.080 Plat Vacations A. Timing of vacations. Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision. B. Compliance with other provisions of this chapter. All applications for a plat vacation must be made in compliance with Sections 18.830.020 and 18.830.030 and Subsection 18.830.070.A. C. Basis for denial. The application may be denied if it abridges or destroys any public right in any of its public uses,improvements,streets,or alleys. D. Timing of vacations. All approved plat vacations must be recorded in compliance with this section: 1. Once recorded,the vacation will operate to eliminate the force and effect of the plat prior to vacation; and 2. The vacation will also divest all public rights in the streets, alleys,and public grounds, and all dedications laid out or described on the plat. E. After sale of lots.When lots have been sold,the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area. Chapter 18.840 SUBLOT PLATS 18.840.010 Purpose The purpose of this chapter is to: A. Provide local rules, regulations,and standards for dividing a lot into sublots and tracts to meet the requirements of state law for middle housing land divisions; B. Provide a legal distinction between the primary lot and the sublots and tracts created by a sublot plat; C. Ensure adequate public facilities, including infrastructure for transportation,water supply, sanitary sewer,and stormwater; and E. Require adequate documentation of the ownership of shared lot elements and the associated responsibility for their maintenance. 18.840.020 Applicability A. Applicability. The provisions of this chapter apply to the platting of sublots and tracts on a lot containing or proposed to contain one of the following types of development: 1. Cottage Clusters, 2. Courtyard Units, 3. Rowhouses, 4. Small Form Residential,or 5. Accessory Dwelling Units. B. Prohibitions. Stacked dwelling units are prohibited from being divided using the provisions of this chapter. 18.840.030 General Provisions A. Conformance with state statute.All sublot plat proposals must comply with all state regulations. B. Resultant land units. The units of land created by a sublot plat are either sublots or tracts and are collectively considered to be a single lot for all but platting and property transfer purposes. All of the provisions of this title continue to apply to the lot and existing or future development on the lot, including but not limited to,the following: 1. Lot standards such as size, setbacks, lot coverage,and lot width and depth; 2. Designation of housing types on the lot; and 3. Allowed number of dwelling units. C. Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway,the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan. D. Need for adequate utilities. All sublot plat proposals must provide adequate public utilities and facilities such as sanitary sewer, stormwater,gas, electrical,and water systems to each unit, subject to the standards of each utility provider,and the provisions of Sections 18.910.150 and 18.910.170. E. Need for adequate drainage.All sublot plat proposals must have adequate drainage provided to reduce exposure to flood damage. F. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for sublot plat proposals and other proposed developments that contain at least 50 units or 5 acres(whichever is less). G. Adjustments.Adjustments to sublot plat regulations must be made in compliance with Chapter 18.715,Adjustments.Any adjustment request must be processed concurrently with the sublot plat proposal. H. Prohibition on sale of lots. Sale of sublots created through the sublot plat process is prohibited until the final plat is recorded. I. Prohibition on further division. Further division of sublots is prohibited. 18.840.040 Approval Process A. Approval through two-step process. A sublot plat application is processed through a two-step process: the preliminary sublot plat and the final sublot plat. 1. Preliminary sublot plat. A preliminary plat application is processed through a Type II- Modified procedure,as provided in Section 18.710.070.An application for a preliminary sublot plat may be submitted: a. Concurrently with development permits or applications for site development review or planned development review; or b. At any time after a middle housing development has passed final building inspection or received permanent certificates of occupancy for all units proposed to be included in the sublot plat. 2. Final sublot plat. A final sublot plat may only be submitted after the preliminary sublot plat has been approved, and after all development permits have been issued and foundation inspections have been approved for all units proposed to be included in the sublot plat. The final sublot plat must satisfy all conditions of approval from the preliminary sublot plat approval. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G. 18.840.050 Approval Criteria—Preliminary Sublot Plat The approval authority will approve or approve with conditions an application for a preliminary sublot plat when all of the following are met: A. The proposed sublots and tracts must comply with the following standards: 1. Each sublot must contain only one dwelling unit. 2. Each sublot line must be a minimum of 1.5 feet from the footprint of the associated dwelling unit,except where dwelling units share a common wall; and 3. Each sublot line must be a maximum of 3 feet from the footprint of the associated dwelling unit, except that a single sublot line along a side or rear facade of a unit may be located a maximum of 15 feet from the footprint of the dwelling unit along that facade for the purpose of providing a private outdoor area that meets the following: a. The area must be contiguous; b. The area must be 200 square feet or less,measured as shown in Figure 18.840.1; c. The area must not have any internal dimension of less than 5 feet; and d. The area must be accessible from a first-story entrance that is not the primary entrance to the dwelling unit. 4. All remaining portions of the lot must be placed in one or more tracts under common ownership. B. All utilities within a sublot that serve other sublots must be placed in easements. C. The proposed plat name must not be duplicative. Figure 18.840.1 Sublot Private Space Adjacent to Required Sublot Line Setbacks . Housing Unit I Sublot Line Setback from Footprint Allowed Additional Private Space 18.840.060 Approval Criteria—Final Sublot Plat A final sublot plat will be approved when all of the following are met: A. The final sublot plat substantially conforms to the approved preliminary sublot plat and all conditions of approval have been met; B. The final plat includes the following: 1. A note prohibiting further division of the sublots; 2. Labels and descriptions for all tracts; 3. A reference to any deed restrictions imposed on the lot or sublots as a condition of approval of the original lot creation, sublot plat,or development approval; and 4. An affidavit by the surveyor who surveyed the land represented on the plat indicating the land was correctly surveyed and marked with proper monuments and indicating the initial point of the survey,and giving the dimensions and kind of each monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location. C. The city's engineering department has provided written confirmation that a sewage disposal system will be available to the sublot line of each sublot depicted in the final sublot plat; D. All public improvements have been installed and inspected in accordance with Section 18.910.190 and have been approved in accordance with Section 18.910.200. E. A copy of the recorded document establishing a homeowners association to manage all commonly held areas located in tracts has been provided to the city.At a minimum this document must include the following: 1. A description of the common elements located in tracts. 2. An allocation to each unit included in the sublot plat of an undivided and equal interest in the common elements and the method used to establish the allocation. 3. An establishment of use rights for common elements, including responsibility for enforcement, and 4. A maintenance agreement for common elements,including an allocation or method of determining liability for a failure to maintain. 18.840.070 Bond The bonding requirements of Section 18.830.060 apply. 18.840.080 Filing and Recording The filing and recording requirements of Section 18.830.070 apply. 18.840.090 Plat Vacations The plat vacation requirements and procedures of Section 18.830.080 apply. IrlIr��E.zalli■ - iii7MM1%1IcE1I!QE ( e<fro 4 IIIITEtilI 1111 XII Cioigard A,i r MauiEi ITIGAI .... . r'1 z co Current Zoning o 111111 p,..,___: 1 I Nati W141111 ., 0 NVI =I �♦ �I 2 in on ^ ‘Nsio Ill CVs Pi''pP o Till: cil / ¢ R,I) —I IINTOMMINr _ SGNo� s FERa� �� i' 7 11111 Ad ,.. 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NVI ., aft_ on FA . .v , 4./ ro A s„ Ill N 0 � MElir°�-VII �� J Risq,,, ,s, iiii • � a PRI 0 -III .' oSCNoV ® -N— 212gG NOOISEAI* ��7 �0 , sc.„ O�VS ��Yy ,011ro ,... i G% _ .... �� `� g . .(106.,„ „r, ►eP M,■ o r I p o lir zMI T ' \ 4 ‘ t; \ 1 v � JO g �5 it” Q 6 ..: UTH..<, ii% ,, 44° P I ,G, \,, �'o dr A �<N lz. --------- ,NALIsluv @V "A44,6r �,•'P �� Hz II WI GNI- WI N ur s,T -waw �'tiy� ik�R z—IQ:�' 9 SRO I N 1 I:I If)111 SG:H.OL-L-S.F.ERR.Y RD - i ��-� -Cella PGS 4., N, ^ ii 1 1 p "M.. 011 IL MO ' Il CM Nw,'I ` iiIF v G►� raj111 ak 4 o �� QP _ �, of 1 Ill re i I A tT I fZ s\ I V i- Ni I \ \ GAARDE »Q �-� MCDONALD ay t' hii cc + BU.L-L M.O.U_NTPSN RD �� Q Ci — ' B�< MOVNT�1FiliMillitqlr IS r BONITA RD 111.411 B.O.NITA=RDS B_ON13A-RD \ 1 = _ ALN�RD Iff =II k- w , ZONING 0 › 1 /4 �� 4 7� > p t t- 1_ _ aRES-A WI!. qu l /. ' • zf�. \PLu cti II RES-B ce , �' f� \ 4d 1 1 o Milliaitir ..0 di 0 1 —hi 11 It RES-C .'1 ri VI BEEE=BEN� DURHAM RD -J UURHAiygi I "' ce Elito ip RES-D F ` �� s R ��.BEEF-BEND=RD reee Q I �� Er RES-E0 if _ ' ■I M (4f-: -\\ a ,- II a r . . 11�� IIII. ``4, oi r`r1 Tigard City Boundary ��/ Ardi`�f/��m `� I Z ,/MI I A O 2 �' 1 • a O / /� 2 co Miles �; __ z " 0 0.25 0 ' = 11 a �,o�� CITY OF TIGARD PLANNING COMMISSION Minutes, May 2, 2022 Location: Members Remote via Microsoft Teams Link to virtual hearing online: www.tigard-or.gov/virtualPC CALL TO ORDER President Hu called the meeting to order at 7:00 p.m. ROLL CALL Present: President Hu Vice President Jackson Commissioner Brandt Commissioner Miranda Commissioner Roberts Commissioner Schuck Commissioner (K7) Tiruvallur Absent: Commissioner Watson Staff Present: Tom McGuire,Assistant Community Development Director; Schuyler Warren, Senior Planner; Doreen Laughlin, Confidential Executive Assistant COMMUNICATIONS —President Hu noted that he had attended the Volunteer Appreciation gathering, and that it was a very nice event. CONSIDER MINUTES President Hu asked if there were any additions, deletions, or corrections to the April 18, 2022 minutes; there being none, President Hu declared the minutes approved as submitted. HOUSING COMPLIANCE PROJECT PROPOSAL The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC) and the Zoning Map. STAFF REPORT Sr. Planner Schuyler Warren introduced himself and noted that the purpose of the hearing was for the Planning Commission to consider a recommendation to the City Council on proposed text amendments to the Tigard Community Development Code and proposed map amendments to the Tigard Zoning Map. He continued saying that these amendments will bring May 2, 2022 Page 1 of 5 the city into compliance with state law related to housing. He went through a PowerPoint (Exhibit A) detailing the project. He provided the background and history of Tigard's housing policy work as he went through each year that changes took place to the housing policy. In 2017, the Oregon Legislative Assembly passed Senate Bill 1051. This was the first of a series of housing-related bills that change the way that housing is provided for in our city and across the state. This bill required cities to legalize accessory dwelling units in all zones, and the bill changed the definition of needed housing in state law to include "all housing." He said that while this may seem like a small change, it had a major impact on the way we process and review housing development proposals, because by state law, a city must apply only clear and objective standards to needed housing. The City of Tigard used the opportunity presented by SB1051 to make housing policy updates in line with the adopted recommendations of the city's most recent housing needs analysis, which was completed in 2013. The Phase II Housing Options Project included a number of changes, including the legalization of middle housing like cottage clusters, the removal of language reflecting housing tenure from the code, and allowances for up to two Accessory Dwelling Units (ADU's) per lot,with duplexes and triplexes folded into the definition of ADUs. Following quickly after Tigard's action, the Oregon Legislative Assembly again acted to expand housing opportunity across the state. House Bill 2001 legalized middle housing across the state and required that cities of Tigard's size come into compliance within 30 months. At that time, the city was largely in compliance with the terms of the bill, but there were administrative rules to follow. While the state was working on HB2001, Tigard continued to move housing policy forward by adopting the city's first Affordable Housing Plan. This set-in place a roadmap for the creation of stable funding streams and a set of prioritized programs and policies. The administrative rules associated with HB2001 were adopted by the Land Conservation and Development Commission in late 2021. While the city had been compliant with the bill, the rules were far more detailed and prescriptive in nature, so city teammates set about auditing the code and working with staff at the Department of Land Conservation and Development to determine what, if any, changes would be needed. At that point,we believed the city would be able to avail itself of the alternative compliance process that was set out in the bill given the early and significant work in forwarding housing policy. In April of 2021,we received word that alternative compliance would not be possible, so we set out to scope a project to make necessary updates to the Community Development Code to meet the requirements of state law. While that work was occurring, the Legislative Assembly acted once again in the 2021 session, passing Senate Bill 458. This bill requires that the middle housing developments allowed under HB2001 must be eligible for middle housing land divisions. These divisions,which are processed locally, create discrete units of land that can be transferred by deed, although the overall development must continue to comply with the middle housing development regulations in place. This Planning Commission hearing on this work is to bring the city's Development Code into compliance with state law and administrative rules. While the city is in compliance with the broad provisions of HB2001,we do need to make some updates. We also want to bring the city into compliance with the provisions of SB458 at the same time. We want to make some small May 2, 2022 Page 2 of 5 changes that will improve the efficiency and effectiveness of the code and provide even more housing opportunity for Tigard's current and future residents. Thematically, this compliance project has three major components. The first is an update to the processes used to approve housing development. In general, we will need to approve middle housing developments without a land use process involved where a development can meet clear and objective standards. In addition,we need to make some updates to our standards as they apply to certain middle housing types. And then finally,we are capping this work with a simplification and streamlining of our residential zones. Given the many changes in state law, and the requirements that we allow middle housing in all zones at the same densities, and with the same opportunity as is available to single detached houses,Tigard's eight residential zones have become more indistinct. At this point, Schuyler took the commissioners through many topics outlined in the PowerPoint (Exhibit A) ending with what remains to be done after the changes. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed amendments with any alterations as determined through the public hearing process and make a final recommendation to the City Council. QUESTIONS There were some general informational questions. There was a question about how code is written. Assistant Community Development Director, Tom McGuire noted that as a rule of thumb,when writing code, they try to write an 80/20 code which means they try to cover at least 80% of the situations they would likely run into. He said you never can write code that covers 100% of every situation. There were several other general questions that didn't pertain to the case in point but were just general questions. One commissioner said he had spent several hours looking for definitions of zoning codes and not getting them. He suggested that the city have outside of the code some sort of a publicly facing informational sheet that gives a quick summary description of what each of the zones are about. He said he had typed into the City's Website the keywords "zoning codes" looking for lists, maps, or definitions of the zoning codes but found none. Tom McGuire said that a quick informational page could be done to help people understand. He also noted that there is a "Zoning 101"website linked on the City of Tigard webpage: English: https://www.youtube.com/watch?v=LHXKCDVWg2c&ab channel=CityofTigard Spanish: https://www.youtube.com/watch?v=5HPkA4w5sOk Regarding edits that had been sent to Schuyler, Tom wondered whether the Planning Commission should move to approve and adopt the edits that both President Hu and Vice President Jackson had submitted. President Hu noted that his edits were not really substantive; just scrivener's errors for the most part. Vice President Jackson noted that the vast majority of his were also simply scrivener's errors. Tom asked Vice President Jackson if he was comfortable with trusting the staff to make the edits to the next draft that would go to the City Council. Vice May 2, 2022 Page 3 of 5 President Jackson said that based on the response he received from Schuyler earlier, he was fine with that. TESTIMONY IN FAVOR OF THE APPLICATION None. TESTIMONY IN OPPOSITION TO THE APPLICATION None. DELIBERATION President Hu asked the commissioners to deliberate and make any comments they'd like to make before the actual vote. Commissioner Miranda thanked Schuyler Warren for his hard work on this project. She said she felt comfortable with this and the briefing beforehand. Commissioner Schuck is good with the discussion. He said he was uncomfortable about just one thing Tom had mentioned briefly earlier—that is the idea of pulling back a permit that'd been approved—that was the only one that caused him a bit of grief. He noted, "It's a complicated code so the applicant could come in thinking they understand it, and the city thinks they understand it, and it seems that if there's some sort of a mistake or accident in there and someone goes forward with a project... you'd hate to pull it back. But again, it probably falls within the 80/20 rule that you mentioned and is probably not typical." Tom replied, "Essentially what we've done is we've taken the process that we are presently doing now, and have done for many years, and just put it into words. The plan check process has never been written down in the code, so we felt that at this point, given where state law is going,we just need to codify what we're already doing. If somebody gave us bad information... for instance, they've given us a set-back that doesn't match what's at the site - and the building inspector finds that -we have the right to revoke the permit; however, what we usually do is work with them to make a satisfactory change so that they can continue with their project. This is not a scary new thing that we're doing; this is just putting into words in the code our current practice." Commissioner Schuck said, "That makes sense and is perfectly reasonable. Thank you for the excellent clarification". Commissioner K7 said he appreciates the hard detailed work that had been done by staff and he also wanted to give a shout out to Vice President Jackson for having the tenacity for finding and correcting the smallest things in very large documents. Excellent job! President Hu thanked Schuyler and his team for their hard work on this major project. He thinks this amendment shows that the Tigard Code is already ahead of the curve and the state is finally catching up. He hopes this will offer greater flexibility to housing development, and partially address the housing and affordability issues in the city. May 2, 2022 Page 4 of 5 MOTION Commissioner Roberts made the following motion: "I move that the Planning Commission forwards a recommendation of approval to the City Council for applications DCA2022-00001 & ZON2022-00001 and adoption of the findings in the staff report based on the testimony received." The motion was seconded by Commissioner Brandt. VOTE The motion to recommend APPROVAL passed unanimously (7 —0). HEARING DATE FOR CITY COUNCIL The hearing date for City Council is June 7th. If you have any questions about that hearing, please contact Sr. Planner Schuyler Warren. OTHER BUSINESS - None ADJOURNMENT President Hu adjourned the meeting at 8:30 p.m. Doreen Laughlin, Planning Commission Secretary ATTEST: President Yi-Kang Hu May 2, 2022 Page 5 of 5 --e4r,11431- EXHIBIT A ...r .7.1 , If -0.1.• -.:j .... .. "..1 -Q61./ -r .__ • . . • • , •. . v ••1101' 111.-.ALIIX.-4 "lik-41..14111,-%. • *.• - . , .11 40.510•••••.!. - IL . 4,, '.•;-"*.filli' - •,' . • y '' '''' -' • -II it . , N ......_. . .• • VII"t.... .- - - ''''t-' • • -': ':iv:...- ..1 I!At.'•-.:: ' : l'• .. , • -*-‘ . adr ,. 4 : :4 v'.•::-.,4 • 1 , 74-• v , .11.'' '. ,.• N.r .• .6 • CITYOF , -=1;# , '14:,L,s-• .'..": - ...',. •.--_' '''...' `feL E' 1 '• .; 4 I i h i s_ • • Tigard . ., ,...._ .......... at: ... , ...., ._;.‘,.---,. !"... #... **. ."-- - -,..'- . - 7'" •'' '''-..•• -• .:' _ , r,. ..• '''''' - ' - I.:,.......- ‘8it t:-!; •4. I - • . • - •!' •it• -Ai#0- :-----•,% 0 NITilligilliglill li...t.rle-V •-•:A ...: '.. -- "•••.'u„ p.• '- - - ..... _. . - . •1 -"-, .....-.2.:i--- *- .. It . 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' ••• . • 7 ■ ■ ■ ■ • • ••• •• Housing Policy Timeline • 2017 2019 2021 2021 Senate Bill 1051 House Bill 2001 DLCD publishes rules Senate Bill 458 legalizes all ADUs in legalizes middle associated with HB2001 mandates middle residential zones housing across state housing land divisions ,1ISel ill I Ill • I l l •. 0 00 e: 1 0 0 Q 1 1 1 - 1 1 1 1 .- 2018 2019 2021 Tigard Housing Options Tigard adopts Tigard begins Housing code amendment Affordable Housing Compliance Project package legalizes Plan middle housing zl , CITY OF T i a r d The 5 E's - Tigard's Community Promise: g Equity • Environment • Economy • Engagement• Excellence HousingComplianceJ Project • Update standards and procedures to comply with HB2001 Zones • Provide fixes and clarifications based Lon experience • Implement the requirements of Standards 41 SB458 • Consolidate zones to reduce EP Procedures III complexity Ticiry of The 5 E's - Tigard's Community Promise: gard Equity • Environment • Economy • Engagement • Excellence What Changes Does HB2001 Require for Tigard? • Allow rowhouses and quads in all zones that allow single detached houses • Change a few design and development standards • Approve some housing without land use process • Reduce minimum lot sizes for rowhouses and quads • Reduce parking requirements for quads • Reduce some minimum lot widths CITY OF T r d e The 5 E's - Tigard's Community Promise: gEquity • Environment • Economy • Engagement • Excellence What Changes Does SB458 Require for Tigard? • Allow middle housing land divisions • Use expedited process outlined in state law • Allow one dwelling unit per lot • Place shared common areas in tracts or easements eciry of The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy • Engagement • Excellence What Does Tigard Need to Improve Upon? • Clarify standards that proved confusing in implementation • Make density calculations more straightforward and consistent • Allow increased flexibility for courtyard housing developments • Eliminate confusion around the accessory dwelling unit type • Remove restrictions on waste collection • Better purpose statements • Simplify zoning Ilikik it • CITY OF Turd The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy • Engagement • Excellence Small Form Residential • Replaces the Single Detached House housing type (Chapter 18.290) • Now includes all attached housing of 1 -3 units: • Single Detached Houses • Duplexes • Triplexes • Attached Accessory Dwelling Units it • CITY OF Tigard The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence AccessoryDwelling Units • Attached Accessory Dwelling Units now included in Small Form Residential • Detached Accessory Dwelling Units still regulated by Chapter 18.220 is TiCITY OF rd The 5 E's - Tigard's Community Promise: g Equity • Environment • Economy • Engagement • Excellence Quads • Retained "four-square" configuration • Removed landscaping requirement • Reduced parking requirement IS • CITY OF Turd The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy • Engagement • Excellence Rowhouses • Retained "four-square" configuration • Removed landscaping requirement • Reduced parking requirement c'ry of The 5 E's - Tigard's Community Promise: ii?' Tigard Equity • Environment • Economy • Engagement• Excellence Split Process for Cottage Clusters / Courtyard Units • Clear and Objective Path 1 • Plan check at counter Cottage Cluster • No adjustments or Courtyard Units Proposal • Limited Discretion Path 2 ' Type II Land Use it • CITY OF Turd The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy • Engagement • Excellence Benefits of Split Process • Clear and objective pathway meets state requirements • Discretionary pathway offers greater flexibility • Courtyard configuration • Multi-courtyard configurations • Garages and carports • Increased square footages • Adjustments e • CITY OF Tigard The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Develo ment Allowed By Right (No Land Use) p • Small Form Residential • Detached Accessory Dwelling Units • Cottage Clusters using clear and objective standards • Courtyard Units using clear and objective standards • Quads • Rowhouses CITY OF MI Ti g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Density and Lot Configuration Issues • Density was messy, included in multiple chapters • Entire concept less meaningful in a post- middle housing world • Land division criteria and standards mixed • Applicability of lot standards and density not always clear in land divisions • Lots of repeated language = opportunity for disjunction et, TiCITY OF g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Density and Lot Configuration Solutions • Division 18.800 renamed Lot Creation and Modification • New Chapter 18.805 Lot Standards • Consolidates density standards based on min. / max. lot sizes • Consolidates lot standards that were repeated in other chapters • Separates standards from criteria CITY OF e F Ti g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence Density and Lot Configuration Solutions • Partition, Subdivision, and Lot Modification Chapters Simplified • Focus on criteria and process, not standards • More cleanup to come in future project • New Chapter 18.840 Sublot Plats • Implements the requirements of 58458 • Uses an approach modeled on condominium plats for common areas e�1 CITY OF TurdThe 5 E's - Tigard's Community Promise: id if • Environment • Economy • Engagement• Excellence Zone Merges Original Zone Acreage New Zone* Standards R- 1 32 RA R-2 R-2 55 R-3.5 326 RB R-4.5 R-4.5 2, 520 R-7 1 ,344 RC R-7 R- 12 679 RD R- 12 R-25 352 RE R-25 R-40 6 I . . BRaCKMAN 5T GmBs!k.� 4 - \\ = M Eg 1 71 Is. City of Tigard m , �� $`:�° °vkg �lt WES �� TIGARD Current Zoningy �. imiti . Al .? 1 x i �L � � Sr � ELM!''' " w yw AJ nu�nyip .._ a., I.._ 1 :1, -: __.._(_, " it, 4 �- - �� SLK16. °� 1��+ rc f u L 40 ,,,I.e.°' -ftiiwip -— ,_i Air c i —mai QpG`j'G. I Millq +�ee,,4G eft I a c ill inj.„..., fTA i, iiii� III Ro ■ `\714 �� ly i AI ,� pi 4 HMI �, iliP .0 k r et c7'3 r,H_s.r III RN Po N ,qp 4, 1:-.) k.,, . 4 W 1 �. WA [� 'r • ta? WALSIU 1Pi, T.A „i. + �Jbs 2+kFH 1 SC HOLLS•F ERRV R° � t:�- � �r ♦4}C' /R4 �H° r �� w_mNIFI Mimi si •L ..._ 6... op41 s .misiwilr 1 14. 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'n Wren mY! r gni, LN6�"L9 .-� II- , w y 4 VC, mil J eel.= Fill f �� 5 P• 41.0 o �_ _ [ f 0.b SLK°� t. i-- '+ jpoo,1 I_ !f s�. :iiik 401 __,„„,,,,,,,4410 @ Air SC,C4L• +■ �pli rip? 1 -- ,_, o gra" I o ■ r V G�R}G1 MM NM o I� 1 a J' MU 'V lir 'NW M WM ,...[A4 4 \T- lilleme 1 o i A Lb-r.,' III J=F is gsk,4 il''' \---,., .4. F, - 1. ‘;-.a, ,,,r, 0114 mil _, , ri, , ___,. N T cfp .P11 , 4,.• .T.H R.I. . 1 kW 1.m, P III 0 _____ _ woe ev , ---z--. , ..,',"%\ 7ir - ,,, I m O =I 3b•1, �G yUM. 4 4,, „,,, SC HOLLS.F ERRV R8"I ` ��`- � �r4, ♦4}C' -, /R� SHA I ,�,, NI iiii in 1 di I ill 1 jile: L + p 44 r I p /17. --..''‘(/' I y \ a-� ION ipit e I 016 . �' Am �+ MC80NALC dp• - - bow!? IF- 41!! li �fir 1 Abg - o f~rc =LIL�MOUNY p1Nmi p .0 I :IP .��? m j '� r ` s I S'�OAllifG ,BON ITA RD RONITA_Rd -. J i UNYq INswvr lm ZONING _ �� ir; RES-AwMO $. 4701:1'-'111 ■ =' .T - RES-B } ii.c, dolt . 4! L 4All- RES-C _ k.1k-BEF.6fc r 6U R H A M - ll J ❑URHA + I 11 1t - RES-D A 'e '3 Nn_y�❑ �— "11111 1tr Rmill r _BF=6rypRc. ' i PM - RES-Eil • o . I'll' • • II __ - k IVA rr Tigard City Boundary rI „ ` „ �_ p z I. 'n a . Miles e iu �� AdviAmmilLIIIM _,A 40:FIPAPAIVA gi dAll! r UU.25 U.5 rc e�1 CITY OF Turd The 5 E's - Tigard's Community Promise: g Equity • Environment • Economy • Engagement • Excellence Small Omnibus Changes • Renumbering • Terminology updates • Fixes to definitions and measurements • Removing the unused setback averaging approach • Fixing an ambiguous entrance standard in Tigard Triangle CITY OF Ti g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy • Engagement • Excellence What Remains to be Done After These Changes? • Resolve questions around frontage improvements and dedications • Providing intake and review procedures for plan check housing • Change intake forms • Revise fee schedule • Update city website f .1 Fp ._ ..„. _ Thanky ou . Questions ? • * Schuyler Warren r, ' F ' - schuylerw@tigard -or.gov i .4. .... . . ' 5O3 -718- 3 ....i,. ._ . eimh.... - - •• ......- 4s,••t-ppir:•.---- rifik..... _--..,_.- • fit.. .,. ... - }� . rl'''%----- • ` 4 .7 , t •� � J . .ii•,_ if"N fit . _`..- f,.. - +'S1 xt t .fi r t • t r 1 411. ,r r • r f ' '1 'ti 'y�. r `tir •� r� •�.r r' •I I ti$70 5r,� _�{ 1� 11111' ( i• .17 iiit r 1r ' fiI. _ I} F 1.ivi•r. . --. -:q :.f4lair. i . 5. k.L. ...?rn:. its .r' 1%. I A Tithd 4 - ` ,i-F 4ePA' ...y ..7.1 , "Ilicti4,2,1 • it. , _ , . ).1 ;"*.cAlk' - • - 'If ''' c- -.'-' -.•.I" 4,4 -', , .. ....vs ,• ,,, , '1St; .... •• .. .11:: . . ...• A -.,, hilks., , , _.. _ ii4 •' Tigard • CITY OF • , ( 2•1.# i‘-et,. '-, •••=(,•' `' ..6 " 1 Tigard . , ,,. , •. 1--- -; -00-,_ ii, -- 7 . -,1%".- fr. ;:-....7:• ''.-4 - -".. . ........- .. „„ - . ..ot. ., *;:r 1 " r''' 4 . 1 _.,..;.• ' '•4 . . Ilt• If ' LIN11161111111111111111111111111 Ia.' 'le•F - -,-, •1 IC- it . ',. .;;-','('''''..t.;. --'* - ; ' A,...: • -i..lifte th 4-, C'`- ': - ' • ' • '.._ .-+' V721111/01 . NVIIt i .-42;;+" Housing Compliance Proj'ect ......,.,,,,..„ --IAN.. . -..• I • __ --411, ,ti:•,„.:„.-61,4,:. ziii... -. - , Legislative Hearing ..: poLICE ... ';"i* 4't. F-t--"1".,L- ',Co . I,'. .• . . •,,, . . _ _ Text and Map Amendments ,..., ,... : ...... .,..... ..., . ;.,. . .,. '6 '4!-•':-,,"'--:.0.,• ,f-4-1.-- 1,IA '• " . - -------_ ,4 Vit....._ City Council ...' June 7, 2022 , e".%--% '-V. .•4.: - - , . ' ':''1 - ' 4,4 , .. _ -}..,' :'•;_::-,--7-711111.1111""-- .7:-:'1--1:1".-1;1:'•1-il.'..--:. ,4* .'L.;.' s K-7-11-•' ...:. ;44:;71,--1'•'- -- _4_1', ' -_, - --- • ir 1 - N .., ; ' - / . ... r . • . - . . . • ..... , e . , "A-.',IL.' -''' • i , alp, .. , Al A I k V ' Ar l' V .E. di 'T 44 : , •...-s-- ''; . '..,-- •,.. r".- - .- ''' ' - r'' XI. t- ‘-::,-,-.1 - ■ ■ ■ ■ • • ••• •• Housing Policy Timeline • 2017 2019 2021 2021 Senate Bill 1051 House Bill 2001 DLCD publishes rules Senate Bill 458 legalizes all ADUs in legalizes middle associated with HB2001 mandates middle residential zones housing across state housing land divisions ,1ISel ill I Ill • I l l •. 0 00 e: 1 0 0 Q 1 1 1 - 1 1 1 1 .- 2018 2019 2021 Tigard Housing Options Tigard adopts Tigard begins Housing code amendment Affordable Housing Compliance Project package legalizes Plan middle housing CITY Ol , 1 Ti. ,,T ad The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellenc HousingComplianceJ Project • Update standards and procedures to comply with HB2001 AZones • Provide fixes and clarifications based on experience • Implement the requirements of Standards 41 SB458 • Consolidate zones to reduce EP Procedures III complexity TiojIT•it:d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence What Changes Does HB2001 Require for Tigard? • Allow rowhouses and quads in all zones that allow single detached houses • Change a few design and development standards • Approve some housing without land use process • Reduce minimum lot sizes for rowhouses and quads • Reduce parking requirements for quads • Reduce some minimum lot widths CITY OF Ti r d �1 The 5 E's - Tigard's Community Promise: gEquity • Environment • Economy• Engagement • Excellence What Changes Does SB458 Require for Tigard? • Allow middle housing land divisions • Use expedited process outlined in state law • Allow one dwelling unit per lot • Place shared common areas in tracts or easements ciry of The 5 E's - Tigard's Community Promise: 1 , ' Tigard Equity . Environment . Economy. Engagement • Excellence What Does Tigard Need to Improve Upon? • Clarify standards that proved confusing in implementation • Make density calculations more straightforward and consistent • Allow increased flexibility for courtyard housing developments • Eliminate confusion around the accessory dwelling unit type • Remove restrictions on waste collection • Better purpose statements Ilt • Simplify zoning lihi it • CITY OF Turd The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy• Engagement • Excellence Small Form Residential • Replaces the Single Detached House housing type (Chapter 18.290) • Now includes all attached housing of 1 -3 units: • Single Detached Houses • Duplexes • Triplexes • Attached Accessory Dwelling Units it • CITY OF Turd The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy• Engagement • Excellence AccessoryDwelling Units • Attached Accessory Dwelling Units now included in Small Form Residential • Detached Accessory Dwelling Units still regulated by Chapter 18.220 is TiCITY OF rd The 5 E's - Tigard's Community Promise: g Equity • Environment • Economy• Engagement • Excellence Quads • Retained "four-square" configuration • Removed landscaping requirement • Reduced parking requirement IS • CITY OF Turd The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy• Engagement • Excellence Rowhouses • Retained "four-square" configuration • Removed landscaping requirement • Reduced parking requirement CITY of The 5 E's - Tigard's Community Promise: it Tigard Equity • Environment • Economy• Engagement • Excellence Split Process for Cottage Clusters / Courtyard Units • Clear and Objective Path 1 • Plan check at counter Cottage Cluster • No adjustments or Courtyard Units Proposal • Limited Discretion Path 2 • Type II Land Use it • CITY OF Turd The 5 E's - Tigard's Community Promise: Tigard Equity • Environment • Economy• Engagement • Excellence Benefits of Split Process • Clear and objective pathway meets state requirements • Discretionary pathway offers greater flexibility • Courtyard configuration • Multi-courtyard configurations • Garages and carports • Increased square footages • Adjustments e • CITY OF Tigard The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Develo ment Allowed By Right (No Land Use) p • Small Form Residential • Detached Accessory Dwelling Units • Cottage Clusters using clear and objective standards • Courtyard Units using clear and objective standards • Quads • Rowhouses CITY OF e F Ti g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Density and Lot Configuration Issues • Density was messy, included in multiple chapters • Entire concept less meaningful in a post- middle housing world • Land division criteria and standards mixed • Applicability of lot standards and density not always clear in land divisions • Lots of repeated language = opportunity for disjunction et, TiCITY OF g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Density and Lot Configuration Solutions • Division 18.800 renamed Lot Creation and Modification • New Chapter 18.805 Lot Standards • Consolidates density standards based on min. / max. lot sizes • Consolidates lot standards that were repeated in other chapters • Separates standards from criteria CITY OF e F Ti g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Density and Lot Configuration Solutions • Partition, Subdivision, and Lot Modification Chapters Simplified • Focus on criteria and process, not standards • More cleanup to come in future project • New Chapter 18.840 Sublot Plats • Implements the requirements of 58458 • Uses an approach modeled on condominium plats for common areas • CITY OF e F Tigard The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence Zone Merges Original Zone Acreage New Zone* Standards R- 1 32 RA R-2 R-2 55 R-3.5 326 RB R-4.5 R-4.5 2, 520 R-7 1 ,344 RC R-7 R- 12 679 RD R- 12 R-25 352 RE R-25 R-40 6 I . . BRaCKMAN 5T GmBs!k.� 4 - \\ = M Eg 1 71 Is. City of Tigard m , �� $`:�° °vkg �lt WES �� TIGARD Current Zoningy �. imiti . Al .? 1 x i �L � � Sr � ELM!''' " w yw AJ nu�nyip .._ a., I.._ 1 :1, -: __.._(_, " it, 4 �- - �� SLK16. °� 1��+ rc f u L 40 ,,,I.e.°' -ftiiwip -— ,_i Air c i —mai QpG`j'G. I Millq +�ee,,4G eft I a c ill inj.„..., fTA i, iiii� III Ro ■ `\714 �� ly i AI ,� pi 4 HMI �, iliP .0 k r et c7'3 r,H_s.r III RN Po N ,qp 4, 1:-.) k.,, . 4 W 1 �. WA [� 'r • ta? WALSIU 1Pi, T.A „i. + �Jbs 2+kFH 1 SC HOLLS•F ERRV R° � t:�- � �r ♦4}C' /R4 �H° r �� w_mNIFI Mimi si •L ..._ 6... op41 s .misiwilr 1 14. '� ,....01 e .0 4` ,„ v k' Pte■T f� - ....._ . .. .,. -034 4 ,,., F.4—L_ N - . w + `7 TO F �j �■ MC DONALD ZONING a 67 1 1 y 4 Gfia :.� ibi R -� =VL�MOUNY p1NIll ' .� ? ,LJ f ` t�OuNY80NITA R❑ BOUITA_R° R-2 igt_kli agEM i • a ru GD ` ■ i MN ...,."... o li 4 ...-i r1111111:4.:r'' ■ H I : : -4.5 w kJ ;w• iFes ` -7 L ! fiAl - Rk .4 .I i- 2. r1 1111 I 1 I-. 4 i M��,aeH°_�° �— u � 1 V ( , mil BEEF 8EN°_R° q --\ . C R 42 Tigard City Boundary �� auca imp•m ■ i i }'- �s 'm. .A Al —.Miles A e y -In m 1101,-, f r r r 0 0.25 0.5 rc a q01, BR O.0 KMAN ST GMBre.H'1'�� , �"4 TQ Amikm----Frii in, M City of Tigard �_� 1 IS Imli 'W o mow o v = T[GARn Proposed Zoning0 i ji y &- i. '� A IpPwa ,., '''' .. \ I i E�K11M f MN G•. 'n Wren mY! r gni, LN6�"L9 .-� II- , w y 4 VC, mil J eel.= Fill f �� 5 P• 41.0 o �_ _ [ f 0.b SLK°� t. i-- '+ jpoi,1 I_ !f s�. :Iplik 401 __,„„,,,,,,,4410 @ Air SC,C4L• +■ �pli rip? 1 -- ,_, o gra" I o ■ r V G�R}G1 MM NM o I� 1 a J' MU 'V lir 'NW M WM ,...x:t4 4 \T- lilleme 1 o i A Lb-r.,' III J=F is gsk,4 il''' \---,., .4. F, - 1. ‘;-.a, ,,,r, 0114 mil _, , ri, , ___,. N T cfp .P11 , P .T.H R.I. . 1 kW 1.m, P III 0 _____ _ woe ev , ---z--. , ..,',"%\ 7ir - ,,, I m O =I 3b•1, �G yUM. 4 4,, „,,, SC HOLLS.F ERRV R8111 ` ��`- � �r4, ♦4}C' -, /R� SHA I ,�,, NI iiii in 1 di I ill 1 jile: L + p 44 r I p /17. --..''‘(/' I y \ a-� ION 104 ppr I 016 . �' Am �+ MC80NALC dp• - - bow!? IF- 41!! li �fir 1 Abg - o f~rc =LIL�MOUNY p1Nmi p .0 Iii, .:IP ��? m j '� r ` S'�OAllifG ,BON ITA RD RONITA_Rd -. J i UNYq INswvr lm ii. INIff ZONING _ �� ir; RES-AwMOt9w �� $. iii ■ =' .T - RES-B } ii.c lit . z- L ' - RES-C 4 i _ k1I11iI_ -BEF.6fc r 6U R H A M - ll J ❑URHA ++ 1'411111 - RES-D ��.,,�eNn_PD _— �1 � ttWI millRo �i BEEF=6 ErypRp Li PM' Am - RES-E • o . 1• • II __ - _ mow, . 'Mil krr Tigard City Boundaryi IVA rI „ ` �_ p z I. 'n a . Miles e iu �� AdviAmmilLIIIM _,A 40:FIPAPAIVA gi dAll! r UU.25 U.5 rc e�1 CITY OF Turd The 5 E's - Tigard's Community Promise: g Equity • Environment • Economy• Engagement • Excellence Small Omnibus Changes • Renumbering • Terminology updates • Fixes to definitions and measurements • Removing the unused setback averaging approach • Fixing an ambiguous entrance standard in Tigard Triangle e TiCIF TY Ord The 5 E's - Tigard's Community Promise: g Equity • Environment • Economy• Engagement • Excellence Additional Change Since PlanningCommission • Request from Housing Authority of Washington County • Regarding nonconforming affordable housing developments • Amendment allows reconstruction after accidental destruction • May reconstruct at nonconforming density CITY OF Ti g a r d The 5 E's - Tigard's Community Promise: Equity • Environment • Economy• Engagement • Excellence What Remains to be Done After These Changes? • Resolve questions around frontage improvements and dedications • Providing intake and review procedures for plan check housing • Change intake forms • Revise fee schedule • Update city website f .1 Fp ._ ..„. _ Thanky ou . Questions ? 4 Schuyler Warren r, ' F I schuylerw@tigard -or.gov y .4. .... . . ' 5O3 -718- 3 ....i,. ._ . eimh.... - - •• ......- 4s,••t-ppir:•.---- rifik..... .--..,_.... • fit.. .,. ... - }� . rl'''%----- • ` 4 .7 , t •� � J . .ii•,_ if"N fit . _`..- f,.. - +ii 'S1 xt t .fi r 411. ,r r • r f ' '1 •'ti 'y�. r `tir .� r� •ill i!pli �.r �' •I I ti$70 5r,� _�{ 1� 11111' ( i• .17 iiit r 1r ' •' I. _ I} F. . --. -:q :.f4lair. i Tithd1.ivi•r 4 - ` SUPPLEMENTAL PACKET " City of Tigard FOR hr- (DATE OF MEETING) TIGARD Memorandum ,4ye•naA "1 e"i 4' . ciL; To: Honorable Mayor Jason Snider and Tigard City Council From: Schuyler Warren, Senior Planner Re: Staff Recommendation to Modify Housing Compliance Amendment Text Date: June 7, 2022 Community Development teammates have assessed a situation where in some rare cases lot standards would preclude the partitioning of lots of certain sizes for small form development. This situation does not apply to subdivisions or to other housing types. In situations where a lot is just under three times the maximum lot size for the current zone, partitioning into two lots would cause both to exceed maximum lot size, while partitioning into three lots would result in one or more not meeting minimum lot size. The Community Development team has tested various scenarios. The proposed solution to this situation is to allow an increase of maximum lot size for partitions only. This increase would not apply to subdivisions or to housing types other than small form residential. Recommendation The Community Development Team recommends that Council adopt the code and text amendments with Chapter 18.820 Land Partitions further amended as shown in Exhibit A below. EXHIBIT A 18.820.040 Approval Criteria—Preliminary Plat C. The proposed lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards, except that maximum lot sizes are increased b}'20 percent for small form residential development. Carol Krager From: Schuyler Warren Sent: Tuesday,June 7, 2022 10:08 AM To: Steve Rymer; Emily Tritsch;Carol Krager Cc: Tom McGuire Subject: Memo for Council Attachments: DCA2022-00001 Additional Amendments.doc Importance: High Hi Steve and Carol, The CD team has identified an issue where in certain rare cases, lots may not be eligible for partitioning into either two or three lots for small form residential development. The attached memo provides a recommended change to the text amendments Council will be considering this evening. Please let us know if you have any questions. Thanks, Schuyler Schuyler Warren Senior Planner I Community Development City of Tigard schuylerw@tigard-or.gov 1503.718.2437 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 AIS-4937 6. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 10 Minutes Agenda Title: Public Hearing on Adopting the Fees and Charges Schedule for FY 2023 Authored By: Steve Kang Presented By: Senior Management Analyst,Steve Kang Item Type: Motion Requested Resolution Public Hearing Public Hearing No Legal Ad Required?: Publication Date: • Information EXPLANATION OF ISSUE The City Council may hold an Informational Public Hearing to consider a resolution to adopt the City's Fees and Charges Schedule for FY 2023 by replacing Resolution 21-18 and subsequent amendments.As part of the annual budget process,the City Council has the opportunity to adjust fees and charges related to city services. ACTION REQUESTED The Finance Department is recommending that City Council approve the resolution adopting the City's Fees and Charges Schedule for FY 2023. BACKGROUND INFORMATION Every fiscal year,a revised Fees and Charges Schedule is submitted to the City Council,as directed by TMC 3.32.050,for approval along with the citywide operating budget.The attached schedule includes fee updates for most departments as several fees are adjusted annually using applicable indices. Also attached,please find the FY 2023 Fees and Charges Summary of Changes Report,which serves as a crosswalk of the proposed changes to the fees and charges;the basis of the change;the authority for proposing the change;and where that change can be found in the actual schedule. Key Changes: •Water Utility Rate increases are based on Resolution 21-14. •Rate increases for the Parking Permits and Fines,Business License Fee,and Tigard Sanitary Sewer Surcharge are based on CPI-U West,which was 4.5%. •Certain fees and charges are driven by specific industry indices and,as such,if those indices are high,then those fees and charges will increase higher than standard cost of living increases. Below are indices higher than 5%and impacted fees and charges: •Seattle Construction Cost Index(CCI)—12.0% •Street Maintenance Fee(SMF)is increasing by 6.9%,which is based on the 2-yr Rolling Average and uses a weighted combination of Seattle CCI(85%) and OMACMP (15%). •Transportation SDC is increasing by 16.0%,which is based on the weighted combination of Seattle CCI (90%) and OMACMP (10%). •Development Planning Fees and Charges •Fire Service Connection Fee •Tigard Sanitary Sewer Surcharges •Water SDC •Parks SDC •Oregon Monthly Asphalt Cement Material Price Index(OMACMP)—52.5% •Transportation SDC is increasing by 16.0%,which is based on the weighted combination of Seattle CCI (90%)and OMACMP (10%). •Street Maintenance Fee(SMF)is increasing by 6.9%,which is based on a 2-yr Rolling Average and uses a weighted combination of Seattle CCI (85%) and OMACMP (15%). ALTERNATIVES&RECOMMENDATION The City Council may choose to alter fees that are not set by other agencies or reevaluate the adjustment index for fees that have an annual adjustment formula. ADDITIONAL RESOURCES Attachments FY23 Fees and Charges Resolution Exhibit A-FY23 Fees and Charges Schedule FY 2023 Summary of Changes to Fees and Charges CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION AMENDING THE CITYWIDE FEES AND CHARGES SCHEDULE WHICH WAS ADOPTED UNDER RESOLUTION NO 21-18 AND SUBSEQUENT AMENDMENTS. WHEREAS,the City of Tigard has a Fees and Charges Schedule that was adopted during the last budget hearing as Resolution 21-18;and WHEREAS,city staff has reviewed fees and services provided;and WHEREAS,city staff has proposed new fees and changes to certain fees to recover costs or due to previously approved annual adjustment formulas;and WHEREAS,the city's Fees and Charges Schedule include fees and charges set by other agencies;and WHEREAS,Tigard Municipal Code (TMC) 3.32.050 requires that the City Council review fees and charges annually NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The fees and charges for the City of Tigard are enumerated and set as shown in the attached schedule (Exhibit A). SECTION 2: City staff is authorized to make updates to the Fees and Charges Schedule (Exhibit A) when fees and charges that are set by other agencies become available. SECTION 3: This resolution is effective July 1,2022 and implemented as soon as administratively practicable. PASSED: This day of 2022. Mayor-City of Tigard Al"1'hST: City Recorder-City of Tigard RESOLUTION NO. 22- Page 1 Exhibit A City of Tigard, Oregon Proposed Fees & Charges Schedule Fiscal Year 2022 - 2023 Revised May 29,2022 M ' M TIGARD Page 1 Department Revenue Source Fee or Charge Effective Date CITY MANAGEMENT Claims Application Fee(TMC 1.21.050&1.22;Ord.08-09) $1,000.00 /deposit* 6/24/2008 * Claim fee shall be actual cost incurred by the city to process claim. Any funds remaining from the deposit after the claim has been processed will be refunded to the claimant.Payment of any costs exceeding the amount of the deposit is required prior to issuance of a final decision by the city on the claim. ADMINISTRATIVE SERVICES Municipal Court Fees Civil Compromise $150.00 8/28/2008 Traffic School and Compliance Program Fee Criminal $150.00 8/28/2008 Juvenile non-traffic $130.00 7/1/2017 Traffic School Equal to the relevant fine provided for the 8/28/2008 violation in the Violations Bureau Fine Schedule License Reinstatement $15.00 8/28/2008 Payment Agreement Administrative Fee $15.00 8/28/2008 Overdue Payment Letter $10.00 8/28/2008 Show Cause Hearings-Court Costs 8/28/2008 Non-compliance $25.00 Non-payment-fees paid prior to hearing No Fee Warrant Fee $50.00 8/28/2008 ADMINISTRATIVE SERVICES/RECORDS Tigard Municipal Code (TMC) (Titles 1-17)or TMC/CDC(Titles 1-18) Compact Disk(CD) $10.00 7/1/2009 Page 2 Department Revenue Source Fee or Charge Effective Date CITYWIDE Attorney Time Current attorney billing rate 1999 4GB Flash Drives $11.00 each 7/1/2011 Candidate Nomination Petition Fee $50.00 7/1/2008 DVD/CD $10.00 7/1/2015 Faxes for Public $2.00 /first page 7/1/2007 $1.00 /each additional page Microfiche Sheet Copies $1.00 /sheet up to 50 sheets plus 7/1/2007 staff time Photocopies 8-1/2 x 11 $0.25 /page 1999 8-1/2 x 14 $0.50 /page 1999 11 x 17 $1.00 /page 7/1/2005 17 x 24 $1.50 /page 7/1/2007 36 x 36 $2.50 /page 7/1/2007 Oversized Copies $2.50 /page 7/1/2011 Photographs Actual Cost 1999 Recording of Documents Actual Cost 1999 Research Fee Staff hourly rate+Citywide Overhead 2/7/2002 Fee+Materials Staff Hourly Rate for Miscellaneous Billing Staff hourly rate+benefits+paid time off+ 7/1/2015 and Reimbursement Agreements administrative time+ department overhead+citywide overhead as determined by most recent A-87 Indirect Cost Study Based on the agreement,all,or part,of the components of the A-87 Indirect Cost Study may be used. Page 3 De.artment Revenue Source Fee or Char.e Effective Date CITYWIDE- Parking Permits and Fines* PARKING Downtown Parking Permit /month 1/1/2020 $39 /month 7/1/2022 Construction Parking Permit $5 /day/space in 2 hour zone 2/2/2018 $7 /day/space in 2-hour zone 7/1/2022 /day/spacc in 4 hour zone 2/2/2018 $4 /day/space in 4-hour zone 7/1/2022 Residential Parking Permit Annual Resident Owned Vchicic $20 Permit(one permit per vehicle) 7/1/2021 Annual Resident Owned Vehicle $21 Permit(one permit per vehicle) 7/1/2022 $0 Guest permit(with purchase of 7/1/2021 resident permits) Overtime Parking Violation $53 1/1/2020 $55 7/1/2022 Disabled Parking Violation*** $165 2/2/2018 All other Parking Violations $53 1/1/2020 $55 7/1/2022 *Adjusted annually in conjunction with the West Consumer Price Index(CPI)-If index is insufficient to increase fee in whole dollar,increase will compoud into the next year. **All violations have a minimum of 50%of that listed. ***Disabled Parking Violation fine is bound to the State of Oregon statutory limit. Page 4 Revenue Source Fee or Charge Effective Date FINANCIAL&INFORMATION SERVICES Assessment Assumption $50 4/22/1985 Budget Document Compact Disk(CD) $10 7/1/2007 Paper $50 Business License Annual Fee* 0 2 cmploycca $98 /per ycar 7/1/2021 0-2 employees $102 /per year 7/1/2022 3 5 cmploycca /per ycar 7/1/2021 3-5 employees $138 /per year 7/1/2022 6 10 cmploycca /per ycar 7/1/2021 6-10 employees $483 /per year 7/1/2022 11 20 cmploycca X58 /per ycar 7/1/2021 11-20 employees $792 /per year 7/1/2022 21 50 cmploycca $869 /per ycar 7/1/2021 21-50 employees $908 /per year 7/1/2022 51 75 cmploycca $9'17 /per year 7/1/2021 51-75 employees $990 /per year 7/1/2022 greater than 75 cmploycca $1,282 /per ycar 7/1/2021 greater than 75 employees $1,340 /per year 7/1/2022 *Adjusted annually in conjunction with the West Consumer Price Index(CPI-U). Pro-Rated Fee Schedule Issued January 1 -June 30 See Fee Schedule above Issued July 1 -December 31 1/2 the annual fee Temporary License $25 1/1/2008 Duplicate License/Change of Ownership Fee Change in ownership or name only $10 1/1/2008 Copy/replacement of license $10 1/1/2008 Delinquency Charge the original business license fee due and payable shall be added for each calendar month or fraction thereof that the fee remains unpaid. The total amount of the delinquency penalty for any business license year shall not exceed one hundred percent(100%) of the business license fee due and payable for such year. Page 5 Revenue Source Fee or Charge Effective Date - - ' - .: -'- - ' •:: Annual Comprehensive Financial Report $0.00 2/7/2002 Franchise Fee (for existing franchises) Electricity (Owns facility in ROW and provides service to customers 5%of gross revenue or$4,000 minimum fee, 1/9/2015 within Tigard) whichever is greater Electricity** (Owns facility in ROW and provides no service to customers $2.95/lincar foot of installation in right of way or 7/1/2021 within Tigard) $4,000,whichcvcr is greater Electricity** (Owns facility in ROW and provides no service to customers $2.95/linear foot of installation in right-of-way or 7/1/2022 within Tigard) $4,000 minimum fee,whichever is greater Electricity (Using a non-owned facility in ROW and provides service to 5%of gross revenue 1/9/2015 customers within Tigard) Natural Gas (Owns facility in ROW and provides service to customers 5%of gross revenue or$4,000 minimum fee, 1/9/2015 within Tigard) whichever is greater Natural Cas** (Owns facility in ROW and provides no service to customers $2.95/linear foot of installation in right of way or 7/1/2021 within Tigard) $4,000,whichcvcr is grcatcr Natural Gas** (Owns facility in ROW and provides no service to customers $2.95/linear foot of installation in right-of-way or 7/1/2022 within Tigard) $4,000 minimum fee,whichever is greater Natural Gas (Using a non-owned facility in ROW and provides service to 5%of gross revenue 1/9/2015 customers within Tigard) Telecom* (Owns facility in ROW and provides service to customers 50/0 of gross revenue or$4,000 minimum fee, 1/9/2015 within Tigard) whichever is greater Telecom** (Provides no service to customers within Tigard) $2.95/linear foot of installation in right of way or 7/1/2021 $1,000,whichever is greater Telecom** (Owns facility in the ROW and provides no service to $2.95/linear foot of installation in right-of-way or 7/1/2022 customers within Tigard) $4,000 minimum fee,whichever is greater Telecom* (Using a non-owned facility in ROW and provides service to 5%of gross revenue 1/9/2015 customers within Tigard) Stormwater* (Owns facility in ROW and provides service to customers 5%of gross revenue or$4,000 minimum fee, 7/1/2020 within Tigard) whichever is greater Stormwatcr** (Provides no service to customers within Tigard) $2.95/linear foot of installation in right of way or 7/1/2021 $1,000,whichever is greater Stormwater** (Provides no service to customers within Tigard) $2.95/linear foot of installation in right-of-way or 7/1/2022 $4,000 minimum fee,whichever is greater Stormwater* (Using a non-owned facility in ROW and provides service to 50/0 of gross revenue 7/1/2020 customers within Tigard) *(Includes telecommunication utilities, long distance providers,private networ/es,wireless, wireline, VoIP,ILEO,inter and intrastate and competitive access providers) **Rates for Franchise Fcc(Owns facili0 in RO W and provides no service to customers within Tigard will increase July 1 based on the West Consumer Price Index(CPI U). *Telecom includes all Communication Services as defined in TMC 15.06 **Fees for Franchise Fee-Linear foot fee and minimum fee will increase 3% (three percent)annually on July 1, beginning on July 1,2023 Page 6 Revenue Source Fee or Char•e Effective Date Utility Franchise Application Fee $2,000.00 8/8/2006 Solid Waste Disposal(See TMC 11.04) 5%of gross revenue 7/1/2013 Cable TV(See TMC 5.12) 5%of gross revenue 1/26/1999 Application filed with MACC(email macc@maccor.org) Right of Way Usage Fee (See TMC 15.06) Electricity (Owns facility in ROW and provides service to customers 5%of gross revenue or$4,000 whichever is greater 2/5/2019 within Tigard) Electricity** (Owns facility in ROW and provides no service to customers $2.95/linear foot of installation in right of way or 7/1/2021 within Tigard) $4,000,whichever is greater Electricity** (Owns facility in ROW and provides no service to customers $2.95/linear foot of installation in right-of-way or 7/1/2022 within Tigard) $4,000 minimum fee,whichever is greater Electricity (Using a non-owned facility in ROW and provides service to 5%of gross revenue 2/5/2019 customers within Tigard) Natural Gas (Owns facility in ROW and provides service to customers 5%of gross revenue or$4,000 whichever is greater 2/5/2019 within Tigard) Natural Cas** (Owns facility in ROW and provides no service to customers $2.95/linear foot of installation in right of way or 7/1/2021 within Tigard) $4,000,whichever is greater Natural Gas** (Owns facility in ROW and provides no service to customers $2.95/linear foot of installation in right-of-way or 7/1/2022 within Tigard) $4,000 minimum fee,whichever is greater Natural Gas (Using a non-owned facility in ROW and provides service to 5%of gross revenue 2/5/2019 customers within Tigard) Telecom** (Owns facility in ROW and provides service to customers 50/0 of gross revenue or$4,000 whichever is greater 2/5/2019 within Tigard) Telecom** (Provides no service to customers within Tigard) $2.95/linear foot of installation in right of way or 7/1/2021 $1,000,whichever is greater Telecom** (Owns facility in the ROW and provides no service to $2.95/linear foot of installation in right-of-way or 7/1/2022 customers within Tigard) $4,000 minimum fee,whichever is greater Telecom* (Using a non-owned facility in ROW and provides service to 5%of gross revenue 2/5/2019 customers within Tigard) Small Wireless Facilities*** $650 per year per installation 2/5/2019 $750 per year per installation 7/1/2022 Right-of-Way Application fees**(excluding small cell providers) Includes five-year license $300.00 7/1/2020 Page 7 Revenue Source Fee or Charge Effective Date Right-of-Way License Renewal** (excluding small cell providers) 7/1/2020 for a five-year license $250.00 Small Cell Wireless provider right-of-way application fee: 7/1/2020 Includes a five-year license $50.00 Small Cell Wireless provider right-of-way license renewal $50.00 7/1/2020 *(Includes telecommunication utilities, long distance providers,private networks,wireless, wireline, VoIP,ILEC,inter and intrastate and competitive access providers) **Rates for Franchise Fee(Owns facilig in ROW and provides no service to customers within Tigard)will increase July 1 based on the West Consumer Price Index(CPI U). *Telecom includes all Communication Services as defined in TMC 15.06 **Right of way usage fees-Linear foot fee,minimum fee,and small cell application and license renewal fees will increase 3%(three percent)annually on July 1, beginning on July 1,2023. ***Small Wireless Facility Fee will escalate annually by 3%per department polig to offset annual cost increases. Lien Search Fee $35.00 2/1/2004 Overhead Fee Added to charges for property damage/repair 10%of total charge Returned Check Fee $20.00 10/9/2001 Sewer Reimbursement District Loans Interest Rate Applicable Federal Rate(AFR),Table,Long-term,semiannual for the month the loan is approved System Development Charge Financing(other than Sewer Reimbursement District Loans) Application Fee $25.00 Interest Rate Prime rate as published in the Wall Street Journal as of the date of the application plus 4% Page 8 Department Revenue Source Fee or Charge Effective Date LIBRARY Flash Drive $5.00 each 7/1/2013 Headphones $2.50 each 7/1/2020 Library Card Fee(non-residents only) $140.00 per year 8/1/2017 Lost Items Replacement cost 3/1/2019 Overdue Items Daily Charge No Fee 1/26/2021 (Adult and Young Adult Materials-Not Including Juvenile Materials) Realia Charge No Fee 1/26/2021 (Wifi Hotspots,potentially other new Library of Things) Maximum Charge No Fee 1/26/2021 Public Copier and Printer Charges $0.10 /page for black&white 2001 $0.50 /page for color 7/1/2011 Replacement Library Card Fee No Fee 1/26/2021 Page 9 De.artment Revenue Source Fee or Char • Effective Date POLICE Alarm Permit Fee(Residential&Commercial) (Government agencies,disabled residents or over the age of 60 are exempt) $25.00 7/1/2009 Late payment of fees/fines (after 60 days) $50.00 7/1/2020 Expired,Reinstatement Fee,Once Revoked(After 90 days past due) $100.00 7/1/2014 Non-permitted or Revoked Alarm Permit $500.00 7/1/2013 False Alarm Fines 1st false alarm No Charge 7/1/2013 2nd false alarm No Charge 7/1/2013 3rd false alarm $100.00 7/1/2013 4th false alarm $150.00 7/1/2013 5th false alarm $200.00 7/1/2013 6 or more false alarms $250.00 7/1/2013 Fingerprint Card $15.00 per card 7/1/2012 Good Conduct Background/Letter $10.00 7/1/2012 Law Enforcement Officers Safety Act Qualification Fee $25.00 7/1/2006 Liquor License $25.00 7/10/2001 Police Services Fees or hourly rate in excess of one half DVD/Audio/VHS/Video/Blu Ray Evidence Copies $20.00 hour plus material 7/1/2012 Police Documents/Reports $10.00 /for the first 15 pages and 7/1/2008 $0.30 /page thereafter Police Digital Photo CD Copies $10.00 /CD 7/1/2005 Police Photograph Copies $10.00 /roll 7/1/2003 Page 10 De.artment Revenue Source Fee or Char. ; Effective Date POLICE Body Worn Camera Footage Per hour rate in excess of one half hour plus material Materials Link $20.00 7/1/2022 CD/DVD/Blue Ray $10.00 7/1/2022 4-8 GB Flash Drive $11.00 7/1/2022 16-32 GB Flash Drive $13.00 7/1/2022 64 GB Flash Drive $18.00 7/1/2022 128 GB Flash Drive $32.00 7/1/2022 External Hard Drive Price varies based on size 7/1/2022 Property Forfeiture for Criminal Activity Varies 5/25/1999 Second Hand Dealers and Transient Merchant License Occasional $40.00 7/1/2010 Full-Time $100.00 7/1/2010 Reporting Forms $0.80 each 7/1/2010 Social Gaming License Annual fee due January 1st $100.00 1/1/2014 If a business applies on or after July 1st $50.00 7/1/2014 Vehicle Release Fee $125.00 7/1/2013 Page 11 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-BUILDING Building Permit Fees (New Commercial) 10/1/2009 Total Valuation: $0.00 to$500.00 $51.09 /minimum $500.01 to$2,000.00 $51.09 /for the first$500 and $2.69 /for each additional$100 or fraction thereof. $2,000.01 to$25,000.00 $91.44 /for the first$2,000 and $10.76 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $338.92 /for the first$25,000 and $8.06 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $540.42 /for the first$50,000 and $5.38 /for each additional$1,000 or fraction thereof $100,000.01 and over $809.42 /for the first$100,000 and $4.49 /for each additional$1,000 or fraction thereof (New Single Family&Multi-Family) 10/1/2009 Total Valuation: $0.00 to$2,000.00 $66.25 /minimum $2,000.01 to$25,000.00 $66.25 /for the first$2,000 and $11.48 /for each additional $1,000 or fraction thereof $25,000.01 to$50,000.00 $330.29 /for the first$25,000 and $8.75 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $549.04 /for the first$50,000 and $6.25 /for each additional$1,000 or fraction thereof $100,000.01 to$250,000.00 $861.54 /for the first$100,000 and $4.46 /for each additional$1,000 or fraction thereof $250,000.01 to$500,000.00 $1,530.54 /for the first$250,000 and $4.42 /for each additional$1,000 or fraction thereof $500,000.01 to$1,000,000.00 $2,635.54 /for the first$500,000 and $4.10 /for each additional$1,000 or fraction thereof Page 12 De.artment Revenue Source Fee or Char•e Effective Date $1,000,000.01 to$2,000,000.00 $4,685.54 /for the first$1,000,000 and $3.33 /for each additional$1,000 or fraction thereof $2,000,000.01 and over $8,015.54 /for the first$2,000,000 and $3.18 /for each additional$1,000 or fraction thereof (Additions,Alterations,and Demolitions for Single Family,Multi-Family,Commercial,&Industrial) 10/1/2009 Total Valuation: $0.00 to$500.00 $53.27 /minimum $500.01 to$2,000.00 $53.27 /for the first$500 and $3.39 /for each additional$100 or fraction thereof $2,000.01 to$25,000.00 $104.12 /for the first$2,000 and $15.21 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $453.95 /for the first$25,000 and $11.02 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $729.45 /for the first$50,000 and $7.53 /for each additional$1,000 or fraction thereof $100,000.01 to$500,000.00 $1,105.95 /for the first$100,000 and $6.04 /for each additional$1,000 or fraction thereof $500,000.01 to$1,000,000.00 $3,521.95 /for the first$500,000 and $5.09 /for each additional$1,000 or fraction thereof $1,000,000.01 and over $6,066.95 /for the first$1,000,000 and $3.39 /for each additional$1,000 or fraction thereof Building Plan Review Fee 65%of base building permit fee 9/26/2000 Deferred Submittals $200.00 minimum fee 9/24/2002 Plan Review plus 65%of building permit fee based on valuation of the particular portion or portions of the project. Phased Permitting $200.00 9/24/2002 Plan Review plus 10%of building permit fee based on total project valuation not to exceed$1,500 for each phase Page 13 De.artment Revenue Source Fee or Char•e Effective Date Photovoltaic Solar Panel System $180.00 (includes plan review and administrative fees) 1/1/2011 plus 12%state surcharge of permit fee Electrical Fees 10/1/2009 New residential,single or multi-family per dwelling unit;service included: 1000 square feet or less $168.54 Each additional 500 square feet or portion thereof $33.92 Limited energy,residential or multi-family $75.00 (with above sq ft) Each manufactured home or modular dwelling service or feeder $67.84 Services or feeders;installation,alterations or relocation: 200 amps or less $100.70 201 amps to 400 amps $133.56 401 amps to 600 amps $200.34 601 amps to 1000 amps $301.04 Over 1000 amps or volts $552.26 Reconnect only $67.84 Temporary services or feeders;installation,alteration or relocation: 200 amps or less $59.36 201 amps to 400 amps $125.08 401 amps to 600 amps $168.54 Branch circuits;new,alteration or extension per panel: With purchase of service or feeder-each branch circuit $7.42 Without purchase of service or feeder First Branch Circuit $56.18 Each addit.Branch circuit $7.42 Miscellaneous(service or feeder not included): Each pump or irrigation circuit $67.84 Each sign or outline lighting $67.84 Signal circuit(s) or a limited energy panel,alteration or extension $75.00 Each additional inspection over the allowable in any of the above Per Inspection $66.25 /hour(min 1 hour) Per Hour $66.25 /hour(min 1 hour) Industrial Plant Inspection $78.18 /hour(min 1 hour) Page 14 Department Revenue Source Fee or Charge Effective Date Renewable Energy Electrical Fees: 5 kva or less $100.70 7/1/2012 5.01 to 15 kva $133.56 7/1/2012 15.01 to 25 kva $200.34 7/1/2012 Wind generation systems in excess of 25 kva: 25.01 to 50 kva $301.04 7/1/2012 50.01 to 100 kva $552.26 7/1/2012 >100 kva the permit fee shall be calculated in accordance with OAR 918-309-0040. Solar generation systems in excess of 25 kva: Each additional kva over 25 $7.42 7/1/2012 >100 kva no additional charge Each additional inspection over allowable in any of the above: Each additional inspection will be charged $66.25/hr 7/1/2012 at an hourly rate(1 hr minimum) Misc. fees at an hourly rate(1 hr minimum) $90.00/hr 7/1/2012 Electrical permit plan review fee 25%of the electrical permit fee Fire Protection Systems 10/1/2009 (Commercial Fire Suppression- Sprinkler,Alarm and Type I-Hood systems based on project valuation) Total Valuation: $0.00 to$500.00 $51.09 /minimum $500.01 to$2,000.00 $51.09 /for the first$500 and $2.69 /for each additional$100 or fraction thereof $2,000.01 to$25,000.00 $91.44 /for the first$2,000 and $10.76 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $338.92 /for the first$25,000 and $8.06 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $509.42 /for the first$50,000 and $5.38 /for each additional$1,000 or fraction thereof $100,000.01 and over $809.42 /for the first$100,000 and $4.49 /for each additional$1,000 or fraction thereof Fire Life Safety Plan Review 40%of base building permit fee 9/26/2000 (Commercial Only) Page 15 Department Revenue Source Fee or Charge Effective Date Fire Protection Systems 10/1/2009 (Residential Fire Suppression) Stand Alone System Square Footage: 1 to 2,000 $198.75 2,001 to 3,600 $246.45 3601 to 7,200 $310.05 7,201 and over $404.39 Multipurpose or Continuous Loop System Square Footage: 0 to 2,000 $121.90 2,001 to 3,600 $169.60 3,601 to 7,200 $233.20 7,201 and over $327.54 Manufactured Dwelling Installation $305.50 9/24/2002 (Fee includes placement permit$275.50 and state administration fee$30.00) Manufactured Dwelling and Mobile Home Per OAR 9/24/2002 Parks,Recreation Camps,and Organizational Camps Mechanical Fees 10/1/2009 (1&2 Family Dwellings for New,Additions,or Alterations) Heating/Cooling: Air conditioning $46.75 Furnace 100,000 BTU (ducts/vents) $46.75 Furnace 100,000+BTU (ducts/vents) $54.91 Heat pump $61.06 Duct work $23.32 Hydronic hot water system $23.32 Residential boiler(radiator or hydronic) $23.32 Unit heaters (fuel-type,not electric), in-wall,in duct,suspended,etc. $46.75 Flue/vent for any of above $23.32 Other $23.32 Page 16 Department Revenue Source Fee or Charge Effective Date Other fuel appliances: Water heater $23.32 Gas fireplace $33.39 Flue/vent for water heater or gas fireplace $23.32 Log lighter(gas) $23.32 Wood/pellet stove $33.39 Wood fireplace/insert $23.32 Chimney/liner/flue/vent $23.32 Other $23.32 Environmental exhaust and ventilation: Range hood/other kitchen equipment $33.39 Clothes dryer exhaust $33.39 Single-duct exhaust(bathrooms, toilet compartments,utility rooms) $23.32 Attic/crawlspace fans $23.32 Other $23.32 Fuel piping: First four $14.15 Each additional $4.03 Minimum permit fee $90.00 Mechanical plan review fee 25%of Permit Fee Mechanical Permit Fees 10/1/2009 (Commercial and Multi-family) Total Valuation: $0.00 to$500.00 $69.06 /minimum $500.01 to$5,000.00 $69.06 /for the first$500 and $3.07 /for each additional$100 or fraction thereof $5,000.01 to$10,000.00 $207.21 /for the first$5,000 and $2.81 /for each additional$100 or fraction thereof $10,000.01 to$50,000.00 $347.71 /for the first$10,000 and $2.54 /for each additional$100 or fraction thereof $50,000.01 to$100,000.00 $1,363.71 /for the first$50,000 and $2.49 /for each additional$100 or fraction thereof $100,000.01 and over $2,608.71 /for the first$100,000 and $2.92 /for each additional$100 or fraction thereof Plan Review 25%of permit fee 9/24/2002 Page 17 Department Revenue Source Fee or Charge Effective Date Plumbing Fees 10/1/2009 (Commercial,Industrial,Residential,&Multi-Family) New One&Two Family Dwellings 1 bath $312.70 2 bath $437.78 3 bath $500.32 Each additional bath/kitchen fixture $25.02 Site Utilities Catch basin or area drain $18.76 Drywell,leach line,or trench drain $18.76 Footing drain,first 100' $50.03 Each additional 100'or part thereof (footing drain) $37.52 Manufactured home utilities $50.03 Manholes $18.76 Rain drain connector $18.76 Sanitary sewer,first 100' $62.54 Storm sewer,first 100' $62.54 Water service,first 100' $62.54 Each additional 100'or part thereof (sanitary,storm,water service) $37.52 Fixture or Item Backflow preventer $31.27 Backwater valve $12.51 Clothes washer $25.02 Dishwasher $25.02 Drinking fountain $25.02 Ejectors/sump $25.02 Expansion tank $12.51 Fixture/sewer cap $25.02 Floor drain/floor sink/hub $25.02 Garbage disposal $25.02 Hose bib $25.02 Ice maker $12.51 Interceptor/grease trap $25.02 Medical gas (value:$ ) see table Primer $12.51 Roof drain(commercial) $12.51 Sink/basin/lavatory $25.02 Solar units (potable water) $62.54 Tub/shower/shower pan $12.51 Page 18 Department Revenue Source Fee or Charge Effective Date Urinal $25.02 Water closet $25.02 Water heater $37.52 Water Piping/DWV $56.29 Other: $25.02 Minimum permit fee $72.50 Plumbing plan review 25%of permit fee Medical Gas Systems 9/24/2002 Total Valuation: $1.00 to$5,000.00 $72.50 /minimum $5,000.01 to$10,000.00 $72.50 /for the first$5,000 and $1.52 /for each additional$100 or fraction thereof,to and including$10,000. $10,000.01 to$25,000.00 $148.50 /for the first$10,000 and $1.54 /for each additional$100 or fraction thereof,to and including$25,000. $25,000.01 to$50,000.00 $379.50 /for the first$25,000 and $1.45 /for each additional$100 or fraction thereof,to and including$50,000. $50,000.01 and over $742.00 /for the first$50,000 and $1.20 /for each additional$100 or fraction thereof. Restricted Energy 6/27/2000 Residential Energy Use,for all systems combined $75.00 Commercial Energy Use,for each system $75.00 Sanitary Sewer Inspection Fee 6/6/2000 Residential $35.00 Commercial $45.00 Industrial $75.00 Site Work/Grading Permit Fees 10/1/2009 Based on project valuation-See Building Permit Fees(Neto Commercial). Page 19 De.artment Revenue Source Fee or Char.e Effective Date Miscellaneous Fees Administrative fee to change issued permits,including but not limited to: Address change(minimum charge-one-half hour) $90.00 per hour 7/1/2014 Contractor change(minimum charge-one-half hour) $90.00 per hour 7/1/2014 Process and handling fee to mail permits with plans $5.00 7/1/2014 Fee paid inspections for residential structures pursuant to Title 14,Chapter 16 6/27/2000 Single&Two Family Dwellings $100.00 Apartment Houses&Social Care Facilities $160.00 /plus$7 for each dwelling unit in excess of 3 Hotels $160.00 /plus$5 for each dwelling unit in excess of 5 Information Processing&Archiving(IPA)Fee $2.00 /sheet larger than 11"X 17" 7/1/2010 $0.50 /sheet 11"X 17"and smaller Investigation Fee $90.00 per hour(average cost) 1/1/2014 (minimum charge: one-half hour) Phased Occupancy $200.00 6/27/2000 Permit or Plan Review Extension $90.00 Temporary Occupancy $90.00 Other Inspections&Fees: 1. Inspections outside of normal business hours 10/1/2009 (minimum charge-2 hours) $90.00 per hour 2 Reinspection fees $90.00 per hour 10/1/2009 3. Inspections for which no fee is specifically 10/1/2009 indicated(minimum charge:one-half hour) $90.00 per hour 4. Additional plan review required by changes, 10/1/2009 additions or revisions to plans(minimum charge:one-half hour) $90.00 per hour Note: A 12%surcharge fee as mandated by the State Building Codes Division is applied to all permit fees,investigation fees and inspection fees listed above. Page 20 Department Revenue Source Fee or Charge Effective DA COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Accessory Dwelling Unit* $-396 7/1/2021 $343 7/1/2022 Adjustment* $43-7 7/1/2021 $489 7/1/2022 Annexation(Quasi-Judicial)* $4,107 7/1/2021 $4,600 7/1/2022 Appeal Type II to Hearings Officer $250 Fee set by state law 7/1/2011 Expedited Review(Deposit) $300 Fee set by state law 7/1/2016 Type III* $4,130 7/1/2021 $4,626 7/1/2022 Comprehensive Plan Map Amendment(Quasi-judicial)* $5,166 7/1/2021 $5,786 7/1/2022 Conditional Use* $8,177 7/1/2021 $9,158 7/1/2022 Development Code Review* Single Family Building Plan $448 7/1/2021 New/Additions/Accessory structures(including,but not limited to,garages,carports,porches,patios,decks, storage sheds,awnings,steps and ramps) Commercial/Industrial/Institutional Ncw $43-7 7/1/2021 Residential** Small Form Residential $123 Per dwelling unit 7/1/2022 (includes single detached houses,duplexes,triplexes, and attached accessory dwelling units) Detached Accessory Dwelling Unit $123 7/1/2022 Rowhouse $123 Per dwelling unit 7/1/2022 Quad $400 Per Quad 7/1/2022 Cottage Cluster $300 Plus$75 per dwelling unit 7/1/2022 Courtyard Unit $300 Plus$75 per dwelling unit 7/1/2022 Accessory structures and additions that do not add dwelling unit $123 7/1/2022 **Residential development code review applies to new construction of,and additions to,dwelling units and structures including, but not limited to,garages,carports,porches,patios, decks, storage sheds,awnings,steps and ramps Page 21 Department Revenue Source Fee or Charge Effective Date Non-residential and mixed-use $489 7/1/2022 Tenant Improvements in Existing Development Projcct Valuation under$5,000 ''• 7/1/2021 Project Valuation$5,000 $71,999 $44-0 7/1/2021 Project Valuation$75,000 $149,999 $274 7/1/2021 Project Valuation$150,000 and more $437 7/1/2021 Project Valuation under$5,000 $0 7/1/2022 Project Valuation$5,000-$74,999 $123 7/1/2022 Project Valuation$75,000-$149,999 $307 7/1/2022 Project Valuation$150,000 and more $489 7/1/2022 Director Determination* -6 7/1/2021 $1,004 7/1/2022 Downtown Development Review* Type I X50 7/1/2021 $168 7/1/2022 Type II Under$1,000,000 $2,092 Plus 0.004 x project valuation 7/1/2021 $1,000,000 and more $6,161 Plus 0.002 x project valuation 7/1/2021 Under$1,000,000 $2,343 Plus 0.004 x project valuation 7/1/2022 $1,000,000 and more $7,240 Plus 0.002 x project valuation 7/1/2022 Extension* $47 7/1/2021 Type II 38% 7/1/2021 TypeI $489 7/1/2022 Type II $1,004 7/1/2022 Home Occupation Permit* Type- 7/1/2021 Type II $367 7/1/2021 TypeI $169 7/1/2022 Type II $411 7/1/2022 Page 22 Department Revenue Source Fee or Charge Effective DA Land Partition* 2 Lots $1,919 7/1/2021 3 Lots $5,917 7/1/2021 Expedited $6,905 7/1/2021 Final Plat $1,371 7/1/2021 2 Lots $5,509 7/1/2022 3 Lots $6,627 7/1/2022 Expedited $7,734 7/1/2022 Final Plat $1,539 7/1/2022 Lot Line Adjustment/Lot Consolidation* $8-96 7/1/2021 $1,004 7/1/2022 Marijuana Facility Permit* $8,74 7/1/2021 $978 7/1/2022 Miscellaneous Land Use Review* Adequate Public Facilities Exception(inside River Terrace) $896 7/1/2021 Historic Resource Designation/Removal of Designation $6,393 7/1/2021 Historic Resource Construction/Alteration/Demolition $9-54 7/1/2021 Transportation Mitigation(inside Tigard Triangle) $846 7/1/2021 Adequate Public Facilities Exception(inside River Terrace) $1,004 7/1/2022 Historic Resource Designation/Removal of Designation $7,160 7/1/2022 Historic Resource Construction/Alteration/Demolition $1,074 7/1/2022 Transportation Mitigation(inside Tigard Triangle) $1,004 7/1/2022 Modification* TYpe4 $36-7 7/1/2021 Type II $3,948 7/1/2021 Type I $411 7/1/2022 Type II $4,422 7/1/2022 Page 23 De.artment Revenue Source Fee or Char.e Effective D Planned Development* Consolidated Concept and Detailed Plan $11,373 7/1/2021 With Land Division(in lieu of Subdivision or Land Partition Fee). Plus$93 per lot Concept Plan $11,373 7/1/2021 Detailed Plan $3,948 7/1/2021 With Land Division(in lieu of Subdivision or Land Partition Fee) Plus$93 per lot Consolidated Concept and Detailed Plan $12,738 7/1/2022 With Land Division(in lieu of Subdivision or Land Partition Fee) Plus$104 per lot 7/1/2022 Concept Plan $12,738 7/1/2022 Detailed Plan $4,422 7/1/2022 With Land Division(in lieu of Subdivision or Land Partition Fee) Plus$104 per lot 7/1/2022 Pre-Application Conference* Type II $567 7/1/2021 Type III ::! 7/1/2021 Type I $411 7/1/2022 Type II $986 7/1/2022 Project/Plat Name Change* $541- 7/1/2021 $561 7/1/2022 Sensitive Lands Review* TrPe4 $896 7/1/2021 Type II $3,928 7/1/2021 Type III $4,242 7/1/2021 Type I $1,004 7/1/2022 Type II $4,399 7/1/2022 Type III $4,751 7/1/2022 Sign Permit* Ncw or Modified Sign $246 7/1/2021 Temporary Sign $78 7/1/2021 New or Modified Sign $276 7/1/2022 Temporary Sign $87 7/1/2022 Page 24 Department Revenue Source Fee or Charge Effective DA Site Development Review* Type I Under 13 Dwelling Units $43-7 7/1/2021 13 Dwelling Units and over $896 7/1/2021 Under 13 Dwelling Units $489 7/1/2022 13 Dwelling Units and over $1,004 7/1/2022 Type II Residential Under 13 Dwelling Units $1,200 7/1/2022 Residential 13 Dwelling Units and over $2,000 7/1/2022 Non-residential and mixed use Under$1,000,000 $6,937 7/1/2021 $1,000,000 and over $9,013 Plus$6 per each$10,000 over$1,000,000 7/1/2021 Under$1,000,000 $7,769 7/1/2022 $1,000,000 and over $10,095 Plus$6 per each$10,000 over$1,000,000 7/1/2022 Subdivision* Preliminary Plat $10,889 Plus$93 per lot 7/1/2021 Expedited Preliminary Plat $9,182 Plus$93 per lot 7/1/2021 Final Plat $2,770 7/1/2021 Preliminary Plat $12,196 Plus$104 per lot 7/1/2022 Expedited Preliminary Plat $10,284 Plus$104 per lot 7/1/2022 Final Plat $3,102 7/1/2022 Sublot Plat* Preliminary Sublot Plat $6,000 Plus$104 per lot 7/1/2022 Final Sublot Plat $1,500 7/1/2022 Temporary Use Permit* $43-7 7/1/2021 Special Exemption:Non Profit Organization 7/1/2021 Special Rate: Mixed Usc Central Business District Zone 1st Temporary Use in a Calendar Ycar $43-7 7/1/2021 2nd Through 5th Temporary Usc With Substantially the Same Site Plan Within A Calendar Ycar $7-8 7/1/2021 Type I $489 7/1/2022 Special Exemption:Non-Profit Organization $0 7/1/2022 Special Rate: Mixed Use-Central Business District Zone 7/1/2022 1st Temporary Use in a Calendar Year $489 7/1/2022 2nd Through 5th Temporary Use With Substantially the 7/1/2022 Same Site Plan Within A Calendar Year $87 7/1/2022 Page 25 De.artment Revenue Source Fee or Char.e Effective D Urban Forestry* Plan Modification $8£ 7/1/2021 Discretionary Plan Rcvicw(with concurrent Typc III review) $539 7/1/2021 Discretionary Plan Rcvicw(without concurrent Type III review) $3,322 7/1/2021 Plan Modification $964 Plus$104 per lot 7/1/2022 Discretionary Plan Review(with concurrent Type III review) $604 Plus$104 per lot 7/1/2022 Discretionary Plan Review(without concurrent Type III review) $3,721 7/1/2022 Zoning Map Amendment* Quasi-Judicial $5,166 7/1/2021 $5,786 7/1/2022 Zoning Analysis Letter(Detailed)* $846 7/1/2021 $1,004 7/1/2022 Zoning Inquiry Letter(Simple)* 7/1/2021 $147 7/1/2022 *Per Ord 03-59,fee is adjustedyearly based on the Construction Cost Index for the City of Seattle as published in the April issue of Engineering News Record COMMUNITY DEVELOPMENT- MISCELLANEOUS FEES&CHARGES Community Development Code CD Rom $10 7/1/2011 GIS Maps 8-1/2"x 11" Non Aerial $2.50 7/1/2011 Aerial $4 7/1/2011 11"x 17" Non Aerial $5 7/1/2011 Aerial $7 7/1/2011 17"x 22" Non Aerial $11 7/1/2011 Aerial $15 7/1/2011 34"x 44" Non Aerial $25 7/1/2011 Aerial $30 7/1/2011 Custom Maps Staff Hourly Rate 7/1/2011 Page 26 Department Revenue Source Fee or Charge Effective DA Information Processing&Archiving(IPA)Fee Temporary Sign $5 7/1/2010 Type I Review $18 7/1/2010 Type II Review $175 7/1/2010 Type III Review $200 7/1/2010 Type IV Review $200 7/1/2010 Oversize Load Permit $200 7/1/2005 Planimetric Maps Blueline print-quarter section $5 7/1/2011 Mylar-quarter section $150 Plus reproduction cost 7/1/2011 Public Notice Sign $3.50 7/1/2018 Renotification for Hearing Postponement* 7/1/2021 $528 7/1/2022 Retrieval of Materials Confiscated in ROW Lawn and A-board signs $40 per sign 7/1/2010 Other signs and materials (based on size and value) City Manager's Discretion(per TMC 6.03 Ord 12-02) 7/1/2010 Tigard Comprehensive Plan $75 7/1/2011 Tigard Transportation System Plan $75 7/1/2011 *Per Ord 03-59,fee is adjusted yearly based on the Construction Cost Index for the City of Seattle as published in the April issue of Engineering News Record. Page 27 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Fee in Lieu of Sewer Based on actual cost of sewer connection, 1998 if sewer was available (MU-CBD zone only) the current Washington County Assessor-determined real market value of the land(not improvements)by 10% Sanitary Sewer Connection Fee $6,085 /dwelling unit 7/1/2021 (This fee is determined by Clean Water Services. $6,625 /DU or DUE 7/1/2022 The City of Tigard receives 3.99%of fees collected.) Water Quality Facility Fee(Fee set by Clean Water Services)'1' (City receives 100%of fees collected) Residential Single Family $-26.3 mit 7/1/2021 Commercial&Multi family $26-3 /2,640 sq.ft of additional impervious surface 7/1/2021 Residential Single Family $288 /unit 7/1/2022 Commercial&Multi-family $288 /2,640 sq.ft of additional impervious surface 7/1/2022 Water Quantity Facility Fee(Fee set by Clean Water Services)'1' (City receives 100%of fees collected) Residential Single Family 2 7Lunit 7/1/2021 Commercial&Multi family $322 /2,610 aq.ft of additional imperviou3 surface 7/1/2021 Residential Single Family $353 /unit 7/1/2022 Commercial&Multi-family $353 /2,640 sq.ft of additional impervious surface 7/1/2022 Metro Construction Excise Tax 12%of building permits for projects 7/1/2006 (City will retain 5%for administrative expenses) with a total valuation of$100,001 or more; (Tax set by Metro,but collected by cities) not to exceed$12,000. School District Construction Excise Tax (City will retain 4%for administrative expenses) (Tax set by school districts based on ORS 320.170-189 and collected by cities) Beaverton School District'2' $ 1 /sq.ft.residential construction 7/1/2020 $0,69 /sq.ft.residential construction 7/1/2020 $34,600 Non residential maximum per building permit or 7/1/2020 per structure,whichever is less $1.45 /sq.ft.residential construction 7/1/2022 $0.72 /sq.ft.non-residential construction 7/1/2022 $36,100 Non-residential maximum per building permit or 7/1/2022 per structure,whichever is less Page 28 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Tigard-Tualatin School District(TTSD)'2' X39 /sq.ft.residential construction 8/1/2020 /sq.ft.residential construction 8/1/2020 $34,600 Non residential maximum per building permit or 8/1/2020 per Structure,whichever is lc3:> $1.45 /sq.ft.residential construction 7/1/2022 $0.72 /sq.ft.non-residential construction 7/1/2022 $36,100 Non-residential maximum per building permit or 7/1/2022 per structure,whichever is less Tigard Affordable Housing Construction Excise Tax* (City will retain 4%for administrative expenses) 1/1/2020 Residential 1% /Permit Valuation Commercial 1% /Permit Valuation *Permits of value less than$50,000 and other exemptions may apply per TMC 3.90 Small Wireless Facility Planning Review Fee $150 per application,up to 5 batched applications,then$45 per application over 5 2/5/2019 Type II(Major)Modification Project Valuation ThresholdE31 $56,401 7/1/2021 $63,169 7/1/2022 Urban Forestry'31 Hazard Tree Dispute Resolution Fee $24-1- P1u3$55 each additional tree 7/1/2021 $236 Plus$61 each additional tree 7/1/2022 In Lieu of Planting Fees(Planting&3 Year Maintenance) Street Tree $,Fr86 per tree 7/1/2021 Open Crown Tree per tree 7/1/2021 Stand Crown Tree $183 per tree 7/1/2021 Street Tree $768 per tree 7/1/2022 Open Grown Tree $768 per tree 7/1/2022 Stand Grown Tree $547 per tree 7/1/2022 Tree Removal Permit Simplc 7/1/2021 Complcx[41 per tree 7/1/2021 Simple $0 7/1/2022 Complex[4] $420 per tree 7/1/2022 Page 29 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Tigard Triangle District Tree Removal Fee 3$per caliper inch DBH 7/1/2021 $379 per caliper inch DBH 7/1/2022 (only applies in TMU Zone when removal approved through an adjustment) Tree Canopy Fee $2.95 per square foot of tree canopy 3/1/2013 Urban Forest Inventory Fees Open Crown Tree x$489 P1u3$28 each additional tree 7/1/2021 Stand of Trcca $249 P1u3$11 each additional 3tand 7/1/2021 Open Grown Tree $212 Plus$28 each additional tree 7/1/2022 Stand of Trees $279 Plus$44 each additional stand 7/1/2022 Tree Establishment Bond(Planting&Early Establishment) Open Crown Trcc in Land Uac Applications other than Subdivisions or Land Partitions per tree 7/1/2021 Stand Crown Trcc in Land Uac Applications other than Subdivisions or Land Partitions $117 per tree 7/1/2021 Open Grown Tree in Land Use Applications other than Subdivisions or Land Partitions $631 per tree 7/1/2022 Stand Grown Tree in Land Use Applications other than Subdivisions or Land Partitions $501 per tree 7/1/2022 Vacation(Streets and Public Access)[3] Deposit $3,311 Plus actual costs 7/1/2021 $3,712 Plus actual costs 7/1/2022 Page 30 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Vertical Housing Development Zone[31 Prcccrtification Fcc $992 7/1/2021 Final Ccrtification Fcc $1,351 7/1/2021 Annual Projcct Monitoring Fcc $-3-3-8 7/1/2021 Precertification Fee $1,010 7/1/2022 Final Certification Fee $1,516 7/1/2022 Annual Project Monitoring Fee $379 7/1/2022 [1] This fee is determined by Clean Water Services. [2]TTSD Construction Excise Tax will be set by the school district in June. Staff is authorised to update the schedule for the fees and charges set by other jurisdictions. [3]Per Ord 03-59,fee is adjustedyearly based on the Construction Cost Index for the City of Seattle as published in the April issue of Engineering News Record. [4]Per tree up to and including 10 trees.If over 10 trees,a deposit of$349.00 for each tree over 10 trees up to a maximum of$5,000.00.The applicant is charged actual staff time to process the permit and will be refunded the balance of the deposit if any remains after the review is complete. Page 31 Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS-DEVELOPMENT ENGINEERING Addressing Assignment Fee $50.00 /lot or suite (up to first 20) 8/1/2017 $25.00 /lot or suite (for 21 and greater) 8/1/2017 Early Addressing Request $250.00 Prior to Plat Approval 8/1/2017 Encroachments Encroachment Permit-Furnishings $25.00 7/1/2020 Encroachment Permit $250.00 7/1/2020 Encroachment Permit Appeal $250.00 11/1/2018 Erosion Control Inspection Fee With Development Construction Cost Estimate$0-$25,000 $80.70 7/1/2014 Construction Cost Estimate$25,001-$50,000 $107.60 7/1/2014 Construction Cost Estimate$50,001-$100,000 $161.40 7/1/2014 Construction Cost Estimate over$100,000 $161.40 plus$75 per$100,000 or fraction thereof 7/1/2014 exceeding the first$100,000 Without Development 0-0.99acres $322.80 7/1/2014 lacre or greater $322.80 plus$150 per acre or fraction thereof 7/1/2014 Reinspection Fee $96.84 per hour with a minimum of 1 hour 7/1/2014 Plan Check included in inspection fee 7/1/2014 Plan Resubmittal Review $96.84 per hour with a minimum of one-half hour 7/1/2014 Fee In Lieu of Stormwater Quality(Fee set by Clean Water Services)[1] $1.00 /per sq. ft.of unmanaged impervious area 8/1/2017 Fee In Lieu Of Hydromodification(Fee set by Clean Water Services)il1 $1.00 /per sq.ft.of unmanaged impervious area 10/1/2019 Fee In Lieu Of Stormwater Quality and Hydromodification(Fee set by Clean Water Services)il1 $1.50 /per sq. ft.of unmanaged impervious area 10/1/2019 Page 32 Department Revenue Source AMMIL Fee or Charge Effective Date Fee In Lieu Of Undergrounding Utility Portion(one or more,accumulative): Electrical $75.00 /lincar foot 7/1/2018 $86.00 /linear foot 7/1/2022 Cable $15.00 /lincar foot 7/1/2018 $16.00 /linear foot 7/1/2022 Telecommunication $25.00 /lincar foot 7/1/2018 $26.00 /linear foot 7/1/2022 Trench Cost(applied only once,per lineal foot) $35.00 /lincar foot 7/1/2018 $39.00 /linear foot 7/1/2022 Other Inspections&Fees 1 Inspections outside of normal business hours (minimum charge-2 hours) 135.00 per hour 7/1/2019 2 Inspections for which no fee is specifically indicated(minimum charge-one-half hour) 135.00 per hour 7/1/2019 3 Additional plan review required by changes,additions or revisions to plans (minimum charge-one-half hour) 135.00 per hour 7/1/2019 4 Additional 0.5%added to PFI Plan Review Fee for each additional technical review after the third PFI plan review 0.5%of estimated cost of public improvements with a$300 minimum 7/1/2022 Public Facility Improvement-LIDA*Permit $300.00 /equivalent dwelling unit(EDU) 8/1/2017 for review and inspection of LIDA on single lots *-LIDA+Low Impact Development Approaches per Clean Water Services Design and Construction Standards Public Facility Improvement Permit 2%plan review plus 7/1/2009 5%of estimated cost of public improvement with a$300.00 minimum Advanced deposit of 10%of the above or minimum of$300.00 7/1/2005 $0.00 Sidewalk repair or replacement up to 20 linear feet 7/1/2021 Regional Stormwater Management Charge (RSMC) (Fee set by Clean Water Services)Ell RSMC Unit Rate per cubic foot of requiredvolume management 7/1/2021 $9.35 per cubic foot of requiredvolume management 7/1/2022 Residential RSMC=Lot size(sf)x percent impervious design factor x 0.131 cf/sf x RSMC unit rate* Multi-family&non-residential RSMC=Actual impervious area(sf)x 0.131 cf/sf x RSMC unit rate* *Percent impervious design factor and RSMC unit rate per Clean Water Services Rates and Charges Page 33 Department Revenue Source Fee or Charge Effective Date Reimbursement District Application Fee $300.00 1/27/1998 Reimbursement District Fee Not to Exceed$6,000.00 unless reimbursement fee exceeds$15,000.00. 7/1/2001 Any amount over$15,000.00 shall be reimbursed by the owner;$6,000.00 limit valid for only 3 years from Council approval of district cost. Streetlight Energy&Maintenance Fee Based upon PGE Schedule #95 Option"B"for the first two years costs 1/27/2020 Traffic/Pcdcstrian Signa Cost of matcrials and labor 2/7/2002 Tigard Triangle Mixed Use Zone—Fees and Charges Transportation Impact Study Actual Cost of Study by City Transportation Consultant 7/1/2018 Transportation Fee in Lieu of Construction Estimated Cost of Improvements by City Engineer(determination based on an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices) 7/1/2018 Plan Check Meeting $300.00 /conference 7/1/2018 [1] This fee is determined by Clean Water Services. Page 34 De.artment Revenue Source Fee or Char.e Effective Date PUBLIC WORKS-UTILITIES Booster Pump Charge Customer Classification Single-Family Residential $2.03 /monthly 7/1/2021 Multi-Family Residential,Commercial,Industrial, Irrigation by Meter Size(diameter inches) 5/8 x 3/4 $1.49 /monthly 7/1/2021 3/4 x 3/4 $2.24 /monthly 7/1/2021 1 $3.74 /monthly 7/1/2021 1.5 $7.47 /monthly 7/1/2021 2 $11.96 /monthly 7/1/2021 3 $23.91 /monthly 7/1/2021 4 $37.36 /monthly 7/1/2021 6 $74.73 /monthly 7/1/2021 8 $119.56 /monthly 7/1/2021 10 $171.87 /monthly 7/1/2021 12 $252.21 /monthly 7/1/2021 Customer Charge Basic fee charged to customers to have the City deliver water.) Customer Classification Single-Family Residential $31.67 /monthly 7/1/2021 $32.31 /monthly 7/1/2022 $32.95 /monthly 7/1/2023 $33.61 /monthly 7/1/2024 $33.95 /monthly 7/1/2025 Multi-Family Residential,Commercial,Industrial, Irrigation by Meter Size(diameter inches) 5/8 x 3/4 $31.67 /monthly 7/1/2021 $32.31 /monthly 7/1/2022 $32.95 /monthly 7/1/2023 $33.61 /monthly 7/1/2024 $33.95 /monthly 7/1/2025 Page 35 Department Revenue Source Fee or Charge Effective Date 3/4 x 3/4 $15.62 /monthly 7/1/2021 $46.54 /monthly 7/1/2022 $47.47 /monthly 7/1/2023 $48.42 /monthly 7/1/2024 $48.90 /monthly 7/1/2025 1 $71.06 /monthly 7/1/2021 $72.48 /monthly 7/1/2022 $73.93 /monthly 7/1/2023 $75.41 /monthly 7/1/2024 $76.16 /monthly 7/1/2025 1.5 $187.66 /monthly 7/1/2021 $191.41 /monthly 7/1/2022 $195.24 /monthly 7/1/2023 $199.15 /monthly 7/1/2024 $201.14 /monthly 7/1/2025 2 $301.18 /monthly 7/1/2021 $310.57 /monthly 7/1/2022 $316.78 /monthly 7/1/2023 $323.12 /monthly 7/1/2024 $326.35 /monthly 7/1/2025 3 $599.33 /monthly 7/1/2021 $611.31 /monthly 7/1/2022 $623.54 /monthly 7/1/2023 $636.01 /monthly 7/1/2024 $642.37 /monthly 7/1/2025 4 $1,138.11 /monthly 7/1/2021 $1,161.21 /monthly 7/1/2022 $1,184.44 /monthly 7/1/2023 $1,208.13 /monthly 7/1/2024 $1,220.21 /monthly 7/1/2025 Page 36 Department Revenue Source Fee or Charge Effective Date 6 $1,276.19 /monthly 7/1/2021 $1,302.02 /monthly 7/1/2022 $1,328.06 /monthly 7/1/2023 $1,354.62 /monthly 7/1/2024 $1,368.17 /monthly 7/1/2025 8 $1,993.63 /monthly 7/1/2021 $2,033.50 /monthly 7/1/2022 $2,074.17 /monthly 7/1/2023 $2,115.66 /monthly 7/1/2024 $2,136.81 /monthly 7/1/2025 10 $3,678.73 /monthly 7/1/2021 $3,752.31 /monthly 7/1/2022 $3,827.36 /monthly 7/1/2023 $3,903.90 /monthly 7/1/2024 $3,942.94 /monthly 7/1/2025 12 $5,205.17 /monthly 7/1/2021 $5,309.27 /monthly 7/1/2022 $5,415.45 /monthly 7/1/2023 $5,523.76 /monthly 7/1/2024 $5,579.00 /monthly 7/1/2025 Final Notification Process Fee $10.00 /per instance 10/19/2016 Fire Hydrant Flow Test $400.00 /test 7/1/2018 Fire Hydrant Usage-Temporary 3"hydrant meter deposit* $650.00 9/1/2002 *Deposit is refundable if returned in good condition Hook-up service $50.00 2/27/2001 Continued use $50.00 /month 2/27/2001 Consumption $10.31 /100 cubic fcct of watcr 7/1/2021 $12.06 /100 cubic feet of water 7/1/2022 $14.11 /100 cubic feet of water 7/1/2023 $16.51 /100 cubic feet of water 7/1/2024 $19.32 /100 cubic feet of water 7/1/2025 Page 37 Department Revenue Source Fee or Charge Effective Date Fire Rates(Sprinklers) 6" or smaller $22.58 /monthly 7/1/2021 $26.42 /monthly 7/1/2022 $30.91 /monthly 7/1/2023 $36.17 /monthly 7/1/2024 $42.31 /monthly 7/1/2025 8" or larger $29.87 /monthly 7/1/2021 $34.95 /monthly 7/1/2022 $40.89 /monthly 7/1/2023 $47.84 /monthly 7/1/2024 $55.97 /monthly 7/1/2025 Fire Service Connection $1,831 /+ 12%fcc based on construction costs. 7/1/2021 $2,051 /+ 12%fee based on construction costs. 7/1/2022 Meter Disconnection Actual labor and material costs+ 10% 9/1/2002 Meter Installation Fees 5/8"x 3/4"Meter $405.00 7/1/2018 3/4"x 3/4"Meter $463.00 7/1/2018 1"Meter $636.00 7/1/2018 1 1/2"Meter $983.00 7/1/2018 2"Meter $1,272.00 7/1/2018 3"or more Meter Actual labor&materials+ 10% 9/1/2011 Meter Out-of-Order Test Meter calibration cost+actual labor 9/1/2002 and material costs+ 10% Sanitary Sewer Service(Fee set by Clean Water Services) (City receives 20%of fees collected) Base Charge $33.03 /dwelling unit/month 7/1/2021 $34.36 /dwelling unit/month 7/1/2022 Use Charge 9 /100 cubic feet/month for 7/1/2021 individual customer winter average $2.27 /100 cubic feet/month for 7/1/2022 individual customer winter average Tigard Sewer Surcharge $2,64 /dwelling unit/month 7/1/2021 $2.95 /dwelling unit/month 7/1/2022 Page 38 De.artment Revenue Source Fee or Char.e Effective Date Service Installation Fees Single Trench-Single Residential Service $3,815.00 includes labor&materials 7/1/2018 1 1/2"Meter and greater Actual labor and material costs+ 10% 10/1/2011 Storm and Surface Water(Fee set by Clean Water Services) (City retains 75%of Service Charge fees collected) (City retains 100%of its Surcharge fees collected) Service Charge 5 /ESU/month 7/1/2021 $10.14 /ESU/month 7/1/2022 Tigard Stormwater Surcharge $5.50 /ESU/month 1/1/2021 Water After Hours Emergency Turn On Service* $65.00 7/1/2017 *Service Hours Outside of Monday through Friday 8:00 am-5:00 pm Water Bacteriological Quality Testing Cost per test $80.00 7/1/2018 Water Disconnection Charge for Non-payment During business hours $50.00 2/27/2001 Water Line Construction-New Development 12%of Actual Cost 2/27/2001 Water Main Extension Designed and installed by others 12%of Actual Cost 9/1/2002 Water Usage Cha ges Residential Tier 1 $1.11 /100 cubic feet of watcr 7/1/2021 $4.50 /100 cubic feet of water 7/1/2022 $4.59 /100 cubic feet of water 7/1/2023 $4.68 /100 cubic feet of water 7/1/2024 $4.77 /100 cubic feet of water 7/1/2025 Tier 2 $6.11 /100 cubic feet of water 7/1/2021 $6.56 /100 cubic feet of water 7/1/2022 $6.69 /100 cubic feet of water 7/1/2023 $6.83 /100 cubic feet of water 7/1/2024 $6.97 /100 cubic feet of water 7/1/2025 Tier 3 $747 /100 cubic feet of water 7/1/2021 $7.52 /100 cubic feet of water 7/1/2022 $7.67 /100 cubic feet of water 7/1/2023 $7.82 /100 cubic feet of water 7/1/2024 $7.98 /100 cubic feet of water 7/1/2025 Page 39 De.artment Revenue Source Fee or Char.e Effective Date Multi-Family Uniform Rate $4.37 /100 cubic fcct of watcr 7/1/2021 $4.59 /100 cubic feet of water 7/1/2022 $4.82 /100 cubic feet of water 7/1/2023 $5.01 /100 cubic feet of water 7/1/2024 $5.21 /100 cubic feet of water 7/1/2025 Commercial Tier 1 $1.16 /100 cubic feet of watcr 7/1/2021 $4.53 /100 cubic feet of water 7/1/2022 $4.59 /100 cubic feet of water 7/1/2023 $4.66 /100 cubic feet of water 7/1/2024 $4.71 /100 cubic feet of water 7/1/2025 Tier 2 $-5A /100 cubic feet of water 7/1/2021 $6.60 /100 cubic feet of water 7/1/2022 $6.70 /100 cubic feet of water 7/1/2023 $6.80 /100 cubic feet of water 7/1/2024 $6.86 /100 cubic feet of water 7/1/2025 Tier 3 $7,44 /100 cubic feet of water 7/1/2021 $7.54 /100 cubic feet of water 7/1/2022 $7.65 /100 cubic feet of water 7/1/2023 $7.77 /100 cubic feet of water 7/1/2024 $7.85 /100 cubic feet of water 7/1/2025 Industrial Uniform Rate $6.21 /monthly 1/1/2021 Irrigation Uniform Rate $8.81 /monthly 1/1/2021 Tiered Rate Structure Thresholds(100 cubic feet of water) Customer Classification Single-Family Residential Tier 1 6 ccf 7/1/2021 Tier 2 15 ccf 7/1/2021 Tier 3 over 15 ccf 7/1/2021 Multi-Family Residential,Commercial,Industrial, Irrigation by Meter Size(diameter inches) 5/8 x 3/4 Tier 1 6 ccf Tier 2 15 ccf Tier 3 over 15 ccf Page 40 Department Revenue Source Fee or Charge Effective Date 3/4 x 3/4 Tier 1 9 ccf Tier 2 22 ccf Tier 3 over 22 ccf 1 Tier 1 16 ccf Tier 2 40 ccf Tier 3 over 40 ccf 1.5 Tier 1 48 ccf Tier 2 120 ccf Tier 3 over 120 ccf 2 Tier 1 78 ccf Tier 2 195 ccf Tier 3 over 195 ccf 3 Tier 1 137 ccf Tier 2 344 ccf Tier 3 over 344 ccf 4 Tier 1 282 ccf Tier 2 705 ccf Tier 3 over 705 ccf 6 Tier 1 300 ccf Tier 2 750 ccf Tier 3 over 750 ccf 8 Tier 1 480 ccf Tier 2 1,200 ccf Tier 3 over 1,200 ccf 10 Tier 1 938 ccf Tier 2 2,345 ccf Tier 3 over 2,345 ccf 12 Tier 1 1,350 ccf Tier 2 3,376 ccf Tier 3 over 3,376 ccf Page 41 Des artment Revenue Source Fee or Char.a Effective Date Street Maintenance Fee(TMC 15.20)* Monthly Residential Rate-Single and Multi-Family 741frit 7/1/2021 $7.96 /unit 7/1/2022 Monthly Non-Residential Rate $2:44 /per min required parking space 7/1/2021 $2.61 /per min required parking space 7/1/2022 Staff Review No Charge City Council Written Appeal Filing Fee $300.00 *Street Maintenance Fee is adjusted by a 2 year rolling average of 85%Seattle Construction Cost Index and 15%Oregon Monthly Asphalt Cement Material Price Index. However based on the TMC,a floor of two percent and a ceiling of seven percent will be applied. Tigard Transportation Utility Fee(River Terrace) $5.00 /month 10/1/2016 Meter Maintenance Fee(TMC 12.01) $50.00 per required service 7/1/2018 Page 42 De.artment Revenue Source Fee or Char•e Authori Effective D. PUBLIC WORKS-PARKS&RECREATION Community Garden Plot Rental Large(>120 sq.ft.) $60.00 /year 8/1/2017 Medium(60-119 sq.ft.) $40.00 /year 7/1/2018 Small(<60 sq.ft.) $30.00 /year 8/1/2017 Non-resident fee(additional Metzger School Park) $5.00 /plot/year 8/1/2017 Park Reservation Fees Application Fee Resident $25.00 /per event 7/1/2010 Non-Resident $50.00 /per event 7/1/2010 Rental Change Fee $15.00 /per event 7/1/2011 Organized Group Event Processing Fee $50.00 /per event 7/1/2012 Event Monitor $15.00 /hour 7/1/2012 Special Use/Alcohol Permit Fee (Fee assessed at time of reservation) $25.00 /per event 7/1/2010 Shelter Rental Fees(2 hour minimum) Shelter#2 Resident $35.00 /hour 7/1/2012 Non-Resident $70.00 /hour 7/1/2012 Shelter#1,#3,#4,Bishop/Scheckla Pavilion,& Summerlake Resident $25.00 /hour 7/1/2012 Non-Resident $50.00 /hour 7/1/2012 Soccer/Ball Field Rental Fee(2 hour minimum) Resident $10.00 /hour 7/1/2010 Non-Resident $20.00 /hour 7/1/2010 Court(Sports)Rental Fee Resident $10.00 /hour 7/1/2019 Non-Resident $20.00 /hour 7/1/2019 Fanno Creek House Rental Resident $55.00 /hour 8/1/2017 Non-Resident $95.00 /hour 8/1/2017 Resident $385.00 /day 7/1/2018 Non-Resident $665.00 /day 7/1/2018 Dirksen Nature Park Meeting Room Resident $45.00 /hour 8/1/2017 Non-Resident $75.00 /hour 8/1/2017 Resident $315.00 /day 7/1/2018 Non-Resident $525.00 /day 7/1/2018 Page 43 Department Revenue Source Fee or Charge Authority Effective Date Classroom Resident $40.00 /hour 8/1/2017 Non-Resident $70.00 /hour 8/1/2017 Resident $280.00 /day 7/1/2018 Non-Resident $500.00 /day 8/1/2017 Non-Resident $490.00 /day 7/1/2018 (If this is 2nd Room-50%discount) Room Rental Monitor For Hours Outside City Business Hours $15.00 /hour 8/1/2017 Refundable Security/Cleaning Deposit May be required for some events to mitigate Not to exceed$500 7/1/2018 possible cleanup and/or damages. Special Event Permits Special Event Permit Fee(First 3 hours) $25.00 0 to 25 people 11/12/2019 $75.00 26 to 100 people 11/12/2019 $175.00 101 to 200 people 11/12/2019 $275.00 201 to 500 people 11/12/2019 $475.00 501 to 2,000 people 11/12/2019 $1,000.00 2,001 and more 11/12/2019 (Each Additional Hour) $10.00 0 to 25 people 11/12/2019 $25.00 26 to 100 people 11/12/2019 $55.00 101 to 200 people 11/12/2019 $90.00 201 to 500 people 11/12/2019 $155.00 501 to 2000 people 11/12/2019 $330.00 2,001 and more 11/12/2019 Special Event Permit Appeal $100.00 8/13/2019 Page 44 Department Revenue Source Fee or Charge Authority Effective Date PUBLIC WORKS-PARKS Parks&Recreation Fee(TMC 3.75) Monthly Residential Rate-Single and Multi-Family $7,94 / equivalent dwelling unit 7/1/2021 $8.28 /equivalent dwelling unit 7/1/2022 Monthly Non-Residential Rate $7,94 /equivalent dwelling unit 7/1/2021 $8.28 / equivalent dwelling unit 7/1/2021 Reduction for Qualified Low Income Single Family 50% 4/1/2016 Notes: 1 Commercial EDU Calculation(rounded to nearest whole EDU): (Billed Parking Stalls from Street Maintenance Fee*0.76 Jobs Per Stall)/15 EDU Factor =EDUs 2 Industrial EDU Calculation(rounded to nearest whole EDU): (Billed Parking Stalls from Street Maintenance Fee* 1.19 Jobs Per Stall)/15 EDU Factor =EDUs Calculation of the annual Park Maintenance Fee Index(from FCS Group report"Tigard Parks Maintenance Fee: Report to Council for January 12,2016 Public Hearing" Cost Center Annual Rate Weight Personnel 4.80% 0.60 Services/Utilities 3.00% 0.25 Materials/Internal Services 4.20% 0.15 Annual Index(Weighted Average) 4.26% TMC 3.75.050.D authorizes the establishment of a program to reduce the Park Maintenance Fee for low income individuals responsible for paying the utility bill. The reduction will last for 12 billing cycles after which the fee reduction will end or the responsible party can reapply To Qualify for the reduction,the responsible party: 1 Must be the individual(s)on the utility bill 2 Provide documented proof of income such as most recent tax statement or W-2. 3 Have an income at,or below,50%of the Median Income for Oregon as set by the US Department of Housing and Urban Development(HUD). Page 45 Revenue Source Fee or Charge Effective Date Solid Waste Collection Rates Residential Cart Collections Recycling only(carts&yard debris cart) $11.79 1/1/2021 $14.98 1/1/2022 $15.65 1/1/2023 (recycling cart only) X93 1/1/2021 $8.03 1/1/2022 $8.39 1/1/2023 (yard debris only) 1/1/2021 $6.95 1/1/2022 $7.26 1/1/2023 Mini cart(20 gal)with yard debris $30.06 1/1/2021 $30.44 1/1/2022 $31.81 1/1/2023 yard debris exempt $27.40 1/1/2021 $27.75 1/1/2022 $29.00 1/1/2023 Cart(32 gal)with yard debris $33.37 1/1/2021 $33.79 1/1/2022 $35.31 1/1/2023 yard debris exempt $30.59 1/1/2021 $30.98 1/1/2022 $32.37 1/1/2023 Cart(60 gal)with yard debris $38.67 1/1/2021 $39.16 1/1/2022 $40.92 1/1/2023 Cart(90 gal)with yard debris $13.18 1/1/2021 $44.04 1/1/2022 $46.02 1/1/2023 On-call service (mixed waste,recycling cart and yard debris $13.60 1/1/2021 $13.78 1/1/2022 $14.40 1/1/2023 Overload Fee (Small Extra Bag) 1/1/2021 $2.32 1/1/2022 $2.42 1/1/2023 Page 46 Revenue Source Fee or Charge Effective Date Commercial Cart Collections 20 gallon $30.06 1/1/2021 $30.44 1/1/2022 $31.81 1/1/2023 32 gallon $33.37 1/1/2021 $33.79 1/1/2022 $35.31 1/1/2023 60 gallon $38.67 1/1/2021 $39.16 1/1/2022 $40.92 1/1/2023 90 gallon $43.48 1/1/2021 $44.04 1/1/2022 $46.02 1/1/2023 Weekly Collection Frequency Every other Week One Two Three Four Five One yard $74.39 $122.26 $229.12 $331.98 $434.85 $537.98 1/1/2021 $75.33 $123.81 $232.04 $336.21 $440.40 $544.84 1/1/2022 $78.72 $129.38 $242.48 $351.34 $460.22 $569.36 1/1/2023 Each additional $77.56 $119.60 $221.19 $293.39 $365.15 1/1/2021 $78.55 $151.51 $224.31 $297.13 $370.11 1/1/2022 $82.08 $158.33 $234.40 $310.50 $386.76 1/1/2023 One and 1/2 yards $88.18 $157.87 $292.29 $126.60 $560.93 $695.37 1/1/2021 $89.30 $159.88 $296.02 $432.04 $568.08 $704.24 1/1/2022 $93.32 $167.07 $309.34 $451.48 $593.64 $735.93 1/1/2023 Each additional $107.41 $208.77 $310.13 $111.45 $512.83 1/1/2021 $108.78 $211.44 $314.08 $416.69 $519.37 1/1/2022 $113.68 $220.95 $328.21 $435.44 $542.74 1/1/2023 Two yards $103.81 $189.78 $355.51 $521.29 $687.03 $852.77 1/1/2021 $105.17 $192.20 $360.07 $527.94 $695.79 $863.64 1/1/2022 $109.90 $200.85 $376.27 $551.70 $727.10 $902.50 1/1/2023 Each additional $137.33 $268.03 $398.79 $529.51 $660.22 1/1/2021 $139.08 $271.45 $403.87 $536.30 $668.64 1/1/2022 $145.34 $283.67 $422.04 $560.43 $698.73 1/1/2023 Page 47 Revenue Source Fee or Charge Effective Date Three yards $135.27 $253.10 $182.01 $710.51 $939.05 $1,167.67 1/1/2021 $137.00 $256.63 $488.15 $719.57 $951.02 $1,182.56 1/1/2022 $143.17 $268.18 $510.12 $751.95 $993.82 $1,235.78 1/1/2023 Each additional $196.93 $386.48 $576:00 $765.53 $955.09 1/1/2021 $199.44 $391.40 $583.34 $775.29 $967.26 1/1/2022 $208.41 $409.01 $609.59 $810.18 $1,010.79 1/1/2023 Four yards $166.72 $317.01 $608.55 $899.80 $1,191.07 $1,486.39 1/1/2021 $168.85 $321.08 $616.31 $911.28 $1,206.25 $1,505.34 1/1/2022 $176.45 $335.53 $644.04 $952.29 $1,260.53 $1,573.08 1/1/2023 Each additional $257.22 $505.01 $753.26 $1,001.55 $1,219.97 1/1/2021 $260.50 $511.45 $762.87 $1,014.32 $1,265.91 1/1/2022 $272.22 $534.47 $797.20 $1,059.96 $1,322.88 1/1/2023 Five yards $198.02 $380.71 $731.88 $1,089.02 $1,113.16 $1,797.32 1/1/2021 $200.55 $385.59 $744.25 $1,102.91 $1,461.56 $1,820.23 1/1/2022 $209.57 $402.94 $777.74 $1,152.54 $1,527.33 $1,902.14 1/1/2023 Each additional $316.27 $623.36 $930.47 $1,237.61 $1,544.68 1/1/2021 $320.30 $631.30 $942.33 $1,253.39 $1,564.38 1/1/2022 $334.71 $659.71 $984.73 $1,309.79 $1,634.78 1/1/2023 Six yards $229.48 $444.07 $861.11 $48.00 $1,694.89 $2,111.90 1/1/2021 $232.41 $449.74 $872.09 $1,294.29 $1,716.50 $2,138.83 1/1/2022 $242.87 $469.98 $911.33 $1,352.53 $1,793.74 $2,235.08 1/1/2023 Each additional $375.61 $711.51 $1,107.10 $1,173.31 $1,839.26 1/1/2021 $380.40 $751.00 $1,121.52 $1,492.10 $1,862.71 1/1/2022 $397.52 $784.80 $1,171.99 $1,559.24 $1,946.53 1/1/2023 Eight yards $292.23 $572.11 $1,111.96 $1,657.51 $2,200.02 $2,712.57 1/1/2021 $295.96 $579.74 $1,129.17 $1,678.64 $2,228.07 $2,777.54 1/1/2022 $309.28 $605.83 $1,179.98 $1,754.18 $2,328.33 $2,902.53 1/1/2023 Each additional $495.97 $979.39 $1,462.91 $1,946.41 $2,429.85 1/1/2021 $502.29 $991.88 $1,481.56 $1,971.23 $2,460.83 1/1/2022 $524.89 $1,036.51 $1,548.23 $2,059.94 $2,571.57 1/1/2023 Weekly Collection Frequency One Two Three Four Five 1 yard compacted $276.08 $517.53 $749.98 $981.26 $1,215.48 1/1/2021 $279.60 $524.13 $759.54 $993.77 $1,230.98 1/1/2022 $292.18 $547.72 $793.72 $1,038.49 $1,286.37 1/1/2023 Page 48 Revenue Source Fee or Charge Effective Date 2 yard compacted $129.01 $803.95 $1,178.92 $1,553.85 $1,928.79 1/1/2021 $434.48 $814.20 $1,193.95 $1,573.66 $1,953.39 1/1/2022 $454.03 $850.84 $1,247.68 $1,644.47 $2,041.29 1/1/2023 3 yard compacted $573.15 $1,090.51 $1,607.60 $2,121.81 $2,612.21 1/1/2021 $580.45 $1,104.42 $1,628.09 $2,151.90 $2,675.90 1/1/2022 $606.57 $1,154.12 $1,701.35 $2,248.74 $2,796.32 1/1/2023 4 yard compacted $717.35 $1,377.25 $2,036.59 $2,695.91 $3,361.38 1/1/2021 $726.50 $1,394.81 $2,062.55 $2,730.28 $3,407.27 1/1/2022 $759.19 $1,457.58 $2,155.36 $2,853.14 $3,560.60 1/1/2023 Drop Box Collections 10 Cubic Yard Container $172.51 1/1/2021 $174.74 1/1/2022 $182.60 1/1/2023 20 Cubic Yard Container $172.51 1/1/2021 $174.74 1/1/2022 $182.60 1/1/2023 30 Cubic Yard Container $172.51 1/1/2021 $174.74 1/1/2022 $182.60 1/1/2023 40 Cubic Yard Container $172.51 1/1/2021 $174.74 1/1/2022 $182.60 1/1/2023 All Compactors $179.73 1/1/2021 $182.02 1/1/2022 $190.21 1/1/2023 Delivery $80.46 1/1/2021 normal business hours,Monday-Friday $81.48 1/1/2022 $85.15 1/1/2023 Special Drop Box Service(added to delivery fee) $50.00 1/1/2021 Saturday delivery or collection, 4-day notification required Page 49 Revenue Source Fee or Char.e Effective Date Demurrage 20 Cubic Yard Container $ 92 10/20 Yard Box after 48 hours 1/1/2021 $5.99 10/20 Yard Box after 48 hours 1/1/2022 $6.26 10/20 Yard Box after 48 hours 1/1/2023 30 Cubic Yard Container $784 30 Yard Box after 18 hours 1/1/2021 $7.91 30 Yard Box after 48 hours 1/1/2022 $8.27 30 Yard Box after 48 hours 1/1/2023 40 Cubic Yard Container $784/10 Yard Box after 18 hours 1/1/2021 $7.91 40 Yard Box after 48 hours 1/1/2022 $8.27 40 Yard Box after 48 hours 1/1/2023 All Compactors Delivery $9,47 Drop Box with Lid 1/1/2021 Service Fee plus actual disposal cost and franchise fee $9.59 Drop Box with Lid 1/1/2022 $10.02 Drop Box with Lid 1/1/2023 Medical Waste Collections** On-Site Pick-up Charge $37.28 1/1/2021 $37.76 1/1/2022 $39.46 1/1/2023 Disposal Cost per up to 17 gallon unit $23.96 1/1/2021 $24.27 1/1/2022 $25.36 1/1/2023 Disposal Cost per 23 gallon unit $26.09 1/1/2021 $26.42 1/1/2022 $27.61 1/1/2023 Disposal Cost per 31 gallon unit $28.13 1/1/2021 $28.79 1/1/2022 $30.09 1/1/2023 Disposal Cost per 43 gallon unit $33.01 1/1/2021 $33.46 1/1/2022 $34.97 1/1/2023 **Rate is the on-site collection charge plus the disposal cost per medical container unit. Page 50 Revenue Source Fee or Char.e Effective Date Miscellaneous Service Rates Extra mixed waste per cart-overload fee(based on 32 gallon capacity) $4,73 /occurrcncc 1/1/2021 $4.79 /occurrence 1/1/2022 $5.01 /occurrence 1/1/2023 Extra yard debris(manual up to 32 gallon) 5 /occurrcncc 1/1/2021 $3.60 /occurrence 1/1/2022 $3.76 /occurrence 1/1/2023 Additional yard debris service(second 60 gallon cart) $4A5 /occurrcncc 1/1/2021 $4.20 /occurrence 1/1/2022 $4.39 /occurrence 1/1/2023 Call back/return for pick up of inaccessible cart per service call $14.20 /occurrcncc 1/1/2021 $14.38 /occurrence 1/1/2022 $15.03 /occurrence 1/1/2023 Yard service rate-extra distance away from curb after first 5 feet $43 /occurrcncc 1/1/2021 $4.79 /occurrence 1/1/2022 $5.01 /occurrence 1/1/2023 Special service fees $85.20 iheur 1/1/2021 $86.28 /hour 1/1/2022 $90.16 /hour 1/1/2023 Account reinstatement fee $30.00 /occurrence 7/1/2014 NSF check fee $35.00 /occurrence 7/1/2014 Tire disposal Hourly Rate+disposal fee Page 51 Revenue Source Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Residential Park System Development Charge(SDC)'1' Single Family Detached Dwelling-Reimbursement $1,739 7/1/2021 $1,887 7/1/2022 Single Family Detached Dwelling-Improvement $6,278 7/1/2021 $6,812 7/1/2022 Single Family Detached Dwelling-Improvement for Neighborhood Parks Outside River Terrace $2,328 7/1/2021 Inside River Terrace $2,886 7/1/2021 Outside River Terrace $2,526 7/1/2022 Inside River Terrace $3,131 7/1/2022 Other Residential Dwelling-Reimbursement $1,112 7/1/2021 $1,207 7/1/2022 Other Residential Dwelling-Improvement $1,727 7/1/2021 $5,129 7/1/2022 Other Residential Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,752 7/1/2021 Insidc Rivcr Terrace $2,172 7/1/2021 Outside River Terrace $1,901 7/1/2022 Inside River Terrace $2,357 7/1/2022 Non-Residential Park System Development Charge (SDC)til Charge per employee-Reimbursement $99 7/1/2021 $107 7/1/2022 Charge per employee-Improvement 7/1/2021 $588 7/1/2022 [1] See methodology report used to calculate the charges. The Park System Development Charge(Park SDC)is a City of Tigard charge that is assessed on new development to support the acquisition and development of parks,greenways,and paved trails,all of which are used by residents of Tigard and by those who work here. The Park SDC is a one-time fee charged to new development to help pay a portion of the costs associated with building additional parks and trails to meet the needs created by both residential and commercial/industrial growth. The SDC revenues can only be used on capacity-increasing capital improvements and cannot be used to repair existing park facilities. Park SDCs are assessed on new residential development on a per-unit basis and against commercial and industrial development on a per-employee basis. The amount of the charge for each land use category is adjusted each year,effective July 1st,in relation to two indices,one reflecting changes in development/construction costs and one reflecting changes in land acquisition costs. For more detailed/updated information on calculating Park SDC's see"Parks&Recreation System Development Charge Methodology Report,"by FCS Group,May 19,2015. Adopted by Ord. 15-09. Page 52 Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS-WATER Water System Development Charge (SDC)* 5/8"x 3/4"Meter $9,690 7/1/2021 $10,853 7/1/2022 3/4"x 3/4"Meter $13,956 7/1/2021 $15,631 7/1/2022 1"Meter $25,850 7/1/2021 $28,952 7/1/2022 1 1/2"Meter $77,50'1 7/1/2021 $86,804 7/1/2022 2"Meter $125,853 7/1/2021 $140,955 7/1/2022 3"Meter $221,935 7/1/2021 $248,567 7/1/2022 4"Meter $155,161 7/1/2021 $509,780 7/1/2022 6"Meter $484,517 7/1/2021 $542,659 7/1/2022 8"Meter $775,221 7/1/2021 $868,251 7/1/2022 Water system connections greater than 8 inch diameter, City will forecast the demands on an average-day,peak-day,and peak-hour basis to determine SDC fees. *As per ORS 223.304(8)Res. 10-76,the City will use ENR Seattle CCI for the month ofAprilprior to the budgetyear imposed. The ENR Seattle CCI for April 2021 is .6 6% 12.0%. The multiplier 1.12 is used for all Water SDCs effective 711/2022. Page 53 Department Revenue Source Fee or Charge ffe COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Residential Transportation System Development Charge (SDC)[i] Single Family Dctachcd Dwelling Rcimburscmcnt $ASH 7/1/2021 Single Family Detached Dwelling Improvement $6,690 7/1/2021 Single Family Detached Dwelling River Terrace Overlay Pi $3,272 7/1/2021 Single Family Detached Dwelling-Reimbursement $448 7/1/2022 Single Family Detached Dwelling-Improvement $7,760 7/1/2022 Single Family Detached Dwelling-River Terrace Overlay X21 $3,796 7/1/2022 Other Residential Dwelling Reimbursement $225 7/1/2021 Other Residential Dwelling Improvement $3,903 7/1/2021 Other Residential Dwelling River Tcrracc Overlay $1,909 7/1/2021 Other Residential Dwelling-Reimbursement $261 7/1/2022 Other Residential Dwelling-Improvement $4,527 7/1/2022 Other Residential Dwelling-River Terrace Overlay $2,214 7/1/2022 Non-Residential Transportation System Development Charge(SDC)[3][41 Charge per PHVT Reimbursement 4 7/1/2021 Charge per PHVT Improvement $8,905 7/1/2021 Charge per PHVT River Terrace[2] $1,097 7/1/2021 Charge per PHVT-Reimbursement $596 7/1/2022 Charge per PHVT-Improvement $10,330 7/1/2022 Charge per PHVT-River Terrace[21 $1,273 7/1/2022 [1]See Adopted Methodology Report used to calculate the charges. [2]Based on 50%Credit Policy for the "local" elements of River Terrace Blvd. [3]Non-residential SDCs will be based on average charges by Peak Hour Vehicle Trips (PHVT)and shall vary by land use type using procedures established in the Tigard SDC Administrative Procedures Guide. [4]Non-residential SDCs charged to customers will not exceed 80%of the Transportation Development Tax(TDT)charged as set by Washington County. When the calculated amount does exceed 80%of TDT,the non-residential TSDC charged will be 80%of TDT. For more detailed and updated information on calculating Transportation SDC's see"Transportation System Development Charge Methodology Report,"by FCS Group,April 28,2015. Page 54 De.artment Revenue Source Fee or Char.e Effective Date Transportation SDC Annual Adjustment 7/1/2015 Transportation SDC fees shall be adjusted annually on July 1st of each year beginning in 2016. The index to be used for adjusting transportation SDCs will based on the weighted average of the year over year escalation for two measurements:90 percent multiplied by the Engineering News Record Construction Cost Index for the Seattle Area percent change plus 10 percent multiplied by the Oregon Department of Transportation monthly asphalt price(annualized)percent change. Transit Oriented Development Potential Discount Level Potential Reduction 1 10% 2 17% 3 20% 4 25% For full details of the TSDC Discount Criteria,see the adopted System Development Charge Administrative Procedures Guide. Page 55 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES ENGINEERING Countywide Transportation Development Tax(TDT)-(Example Land Uses and Charges*) Single Family Detached $9,623 /per dwelling unit 7/1/2021 $9,998 /per dwelling unit 7/1/2022 Apartment $6,296 /per dwelling unit 7/1/2021 $6,542 /per dwelling unit 7/1/2022 Residential Condominium/Townhouse $5,756 /per dwelling unit 7/1/2021 $5,981 /per dwelling unit 7/1/2022 General Office Building $10,100 (per TSFCCA**) 7/1/2021 $10,494 (per TSFGGA**) 7/1/2022 Shopping Center $13,215 (per TSFCCA**) 7/1/2021 $13,731 (per TSFGGA**) 7/1/2022 The Countywide Transportation Development Tax(TDT)is a Washington County Tax approved by the voters in November, 2008,that is administered and collected by the City of Tigard. It went into effect on July 1,2009,replacing the Traffic Impact Fee (TIF)program. Like TIF,TDT is assessed on new development to help provide funds for the increased capacity transportation improvements needed to accommodate the additional vehicle traffic and demand for transit facilities generated by that development. It provides funds for these capacity improvements to county and city arterials,certain collectors,and certain state and transit facilities as listed in the County's Capital Improvements Project List. The TDT is categorized as an Improvement Fee:revenue must be dedicated to capital improvements that expand capacity and may not be used for maintenance,repair,or other non-capital improvements. TDTs are assessed on new development on a per-unit basis. For residential uses the units are dwelling units,bedrooms,etc. For commercial and industrial uses the units are the square footage of the use or units unique to the use such as lanes,fueling positions,etc. For information about the TDT regarding a specific project contact the City's Permits/Projects Coordinator at(503) 718-2426. * For more detailed information on calculating TDT charges and a detailed list of Land Uses and TDT charges through 6/30/2013 see Appendix B to Washington County Engrossed Ordinance 691,August 29,2008 and the Washington County Countywide Transportation Development Tax Manual. ** TSFGFA=thousand square feet gross floor area;TSFGLA=thousand square feet gross leasable area. Page 56 FY 2023 Proposed Fees&Charges Summary of Changes Report Department Fee Description Schedule Basis of Change Authority Page(s) Citywide Parking Permits and Fines 4 Adjusted annually in conjunction with the West Consumer Price Index(CPI-U),which was 4.5%. If indices are Ord.18-01 insufficient to increase fee in whole dollar,increase will compound into the next year. Financial&Information Services Business License(Annual Fee) 5 West Consumer Price Index(CPI-U)increased by 4.5%. Ord.88-13 Annual Comprehensive Financial Report 6 Comprehensive Annual Financial Report changed to Annual Comprehensive Financial Report based on Dept Policy Franchise and Right of Way Usage Fee 6-8 Based on the study done by the ROW Consultant,staff is recommending to increase the Franchise and ROW TMC 15-06 Usage Fee by 3%annually beginning July 1,2023. The 3%increases are to account for annual inflation and Ord.18-24 cost increases on the part of city staff charged with administering and overseeing the program. Res.19-04 Police Police Services Fee 10-11 Added Video and Blu-Ray evidence copies and records services for the Body Worn Camera Footage. Dept.Policy Community Development Development Planning Fees/Charges 21-31 Fees have been adjusted by 12.0%per the Seattle Construction Cost Index. Council Policy 2016 ORS 227.175(1)(a) ORS 227.175(10)(6) Development Code Review 21-22 Made revisions to the Development Code Review in response to state mandated requirements for housing. Council Policy 2016 ORS 227.175(1)(a) ORS 227.175(10)(6) Sanitary Sewer Connection Fee 28 This fee is set by Clean Water Services. Increase of 9.7% Clean Water Services Water Quality Facility Fee 28 This fee is set by Clean Water Services. Increase of 9.5% Clean Water Services Water Quantity Facility Fee 28 This fee is set by Clean Water Services. Increase of 9.6% Clean Water Services School District Construction Excise Tax 28-29 This fee is set by School Districts based on ORS 320.170-189. Increase of 2.6% School Districts ORS 320.170-189 Page 1 of 3 FY 2023 Proposed Fees&Charges Summary of Changes Report Department Fee Description Schedule Basis of Change Authority Page(s) PW Engineering Fee In Lieu Of Undergrounding 33 Updated cost in line with surrounding jurisdiction. Dept Policy Other Inspections&Fees 33 New fee to cover staff time for additional permit plan review cycles beyond the three technical reviews covered Dept Policy under the net PFI fee Regional Stormwater Management Charge(RSMC) 33 This fee is set by Clean Water Services. Increase of 6.0% Clean Water Services Traffic/Pedestrian Signs Removing the fee.Traffic/Pedestrian Signs are installed by the developer.These fees are no longer being used. Dept Policy Public Works Water Customer Charges/Water Usage Charges/Fire 35-42 New water rates are adopted on May 11,2021. Based on the recommendations of the water rate study and TMC 12.10.140 Hydrant Usage/Fire Rates(Sprinklers) guidance from council,the water utility is rebalancing cost recovery by creating a separate"base class"(fixed Res.21-14 fee)for Single Family Residential customers through a uniform fee for all meter sizes within this classification. The tiered thresholds will also be uniform for all meter sizes within this classification,and the consumption use charges are designed to encourage water conservation. Single Family Residential customers in the higher elevation zones will pay a uniform booster fee for all meter sizes. Also,volume rates for multi-family residential customers are changing from a tiered structure to uniform rate structure. Fire Service Connection 38 Fee adjusted by 12.0%based on Seattle Construction Cost Index.The department adopted the Dept.Policy recommendation of the consultant on April 22,2013 to use the Seattle CCI for escalation purposes to ensure that the fees are aligned with construction cost increases. Sanitary Sewer Service Fee(set by Clean Water Service) 38 This fee is set by Clean Water Services. Base charges increased 4.0%and usage charge increased 3.7% Clean Water Services Tigard Sanitary Sewer Surcharge 38 The sanitary sewer surcharge was approved by Council on April 19,2016. Res.14-66 Fees have been adjusted by 12.0%per the Seattle Construction Cost Index. Storm and Surface Water Fee(set by Clean Water Service) 39 This fee is set by Clean Water Services. Increase of 4.0% Clean Water Services Tigard Stormwater Surcharge 39 A utility rate study was completed in 2019,and council adopted the recommendations to increase the surcharge Res.19-49 $3.50 per EDU on 12/10/2019. The increase will fund projects to correct major deficiencies in the public storm drainage system. This surcharge rate is good through FY2024 and that would be when the city will conduct the next rate study. Street Maintenance Fee 42 Street Maintenance Fee is adjusted by a 2-year rolling average of 85%Seattle Construction Cost Index and 15%TMC 15.20 Oregon Monthly Asphalt Cement Material Price Index. The calculation resulted in a 6.88%rate increase. Page 2 of 3 FY 2023 Proposed Fees&Charges Summary of Changes Report Department Fee Description Schedule Basis of Change Authority Page(s) Park and Recreation Fee PARF fee increases by annual minimum of 4.26%on July 1st of each year. This increase is$0.34 per EDU. TMC 3.75 Solid Waste Collection Rates 46-51 Collection rates for solid waste have been increased by 4.5%(CPI-U West)per Tigard Municipal Code. TMC 11.04 Park System Development Charge(SDC) 52 Fees adjusted based on an equal combination of two indexes;the Seattle Construction Cost Index(12.0%)and Ord.15-09 the other index reflects changes in land acquisition costs(Type 42)provided by Washington County(5.0%.). Weighted index of 50%CCI Seattle and 50%WACO Land Acquisition Cost.Thus,FY2023 Parks SDC charges are increasing by 8.5%. Water System Development Charge 53 Fee adjusted by 12.0%based on the Seattle-Construction Cost Index for April 2022 ORS 223.304(8) Res.10-76 Residential and Non-Residential Transportation System 54 The residential transportation SDC's were adopted by council on April 28,2015. Residential and Non- Res.15-15 Development Charges Residential transportation SDC will increased by 16.0%resulting from the combination of the Construction Ord.15-09 Cost Index-Seattle(12.0%)and the Oregon Monthly Asphalt Cement Material Price(OMACMP)Index (52.5%). Weighted index is based on 90%of Seattle CCI and 10%of OMACMP Index Transportation Development Tax 56 This fee is determined by Washington County.TDT rates increased by roughly 3.9%for FY 2023. Washington County Page 3 of 3 AIS-4938 7. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 10 Minutes Agenda Title: Public Hearing on Certifying that the City of Tigard Provides Services Qualifying for State Shared Revenues Authored By: Liz Lutz Presented By: Cindy'frilly Item Type: Public Hearing Legal Ad Required?: Publication Date: 06/02/2022 Information EXPLANATION OF ISSUE The City of Tigard may certify that it provides services required to receive state shared revenues as outlined in ORS 221.760. ACTION REQUESTED Finance team recommends approval of the resolution certifying the City of Tigard provides services required to receive state shared revenues as outlined in ORS 221.760. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations 6/8/21-Approval of Resolution 21-certifying the City of Tigard provides services to receive state shared revenues as required in ORS 221.760. Public Involvement The State of Oregon requires the city to certify its eligibility to receive these revenues by stating that it provides more than four of the services listed in ORS 221.760.The city provides six of the seven required services and is therefore eligible for receiving the state shared revenues.The services that the city provides includes police services,street construction,maintenance and lighting, sanitary sewer and storm water management,planning,zoning and subdivision control and water quality.Approval of the attached resolution will meet the State of Oregon requirements for certification. Impacts(Community,Budget,Policies and Plans/Strategic Connection) This money will positively impact the General Fund and the Gas Tax Fund in FY 2023 budget. ALTERNATIVES&RECOMMENDATION ADDITIONAL RESOURCES The city estimates receipt of the following state shared revenues for FY 2023: Cigarette Tax: $ 39,800 Liquor/Marijuana Tax: $ 957,640 State Gas Tax: $4,160,966 Fiscal Impact Cost: 0 Budgeted(yes or no): yes Where Budgeted(department/program): General Fund and Gas Tax Fund Additional Fiscal Notes: Will provide revenue for the General Fund and Gas Tax Fund as outlined in AIS. Attachments Resolution for State Shared Revenues CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES. WHEREAS, ORS 221.760 (1) provides as follows: The officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820, and 471.805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: (1) Police protection (2) Fire protection (3) Street construction,maintenance and lighting (4) Sanitary sewers (5) Storm sewers (6) Planning,zoning and subdivision control (7) One or more utility services;and WHEREAS, City Officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with ORS 221.760 NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard hereby certifies that it provides the following six services enumerated in Section 1, ORS 221.760: (1) Police protection (2) Street construction,maintenance and lighting (3) Sanitary sewers (4) Storm sewers (5) Planning,zoning and subdivision control (6) Water utility SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor- City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 22- Page 1 AIS-4939 8. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 10 Minutes Agenda Title: Public Hearing on Resolution Declaring the City's Election to Receive State Revenue Sharing Authored By: Liz Lutz Presented By: Cindy Trimp Item Type: Motion Requested Resolution Public Hearing Public Hearing Yes Legal Ad Required?: Publication Date: 06/02/2022 Information EXPLANATION OF ISSUE The City of Tigard may elect to receive state revenues as outlined in ORS 221.770,entitled Revenue Sharing to Cities. ACTION REQUESTED Tigard's finance team recommends approval of the resolution electing to receive state revenues as outlined in ORS 221.770. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Budget Committee hearing on State Revenue Sharing for FY 2023 was held on 5/9/2022. Public Involvement There was no public comment at the hearing held on 5/9/2022. Impacts(Community,Budget,Policies and Plans/Strategic Connection) ORS 221.770 regarding State Sharing allocates a share of state liquor tax to cities on a formula basis.The law requires cities to pass an ordinance or resolution to request state revenue sharing money annually.The law also requires public hearings be held by the city and certification of these hearings is also required.The hearing on State Revenue Sharing was noticed and held as part of the Budget Committee meeting on May 9,2022.In order to receive state revenue sharing in FY 2022-2023,the city must levy property taxes in the preceding year,which the city has done.The city estimates the receipt of$716,695 of state revenue sharing funds in the FY 2022-2023 budget. ALTERNATIVES&RECOMMENDATION The council could choose not to approve the resolution and elect to not receive shared state revenues. ADDITIONAL RESOURCES Fiscal Impact Fiscal Information: Approximately$716,695 will be added to the General Fund. Attachments State Revenue Sharing Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION DECLARING THE CITY'S ETECTION TO RECEIVE STATE REVENUE SHARING. WHEREAS,State Revenue Sharing Law,ORS 221.770,requires cities to annually pass an ordinance or resolution requesting state revenue sharing money;and WHEREAS, the law mandates public hearings be held by the city and certification of these hearings is required; and WHEREAS, a public hearing was held on May 9, 2022 at Budget Committee to receive State Revenue Sharing; and WHEREAS,in order to receive state revenue sharing in FY 2022-2023,the city must have levied property taxes the preceding year;and WHEREAS,the city did levy property taxes in FY 2021-2022. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Pursuant to ORS 221.770, the city hereby elects to receive state revenue sharing for the fiscal year 2022-2023. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor- City of Tigard A'1"1'hST: City Recorder-City of Tigard RESOLUTION NO. 22- Page 1 AIS-4940 9. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 20 Minutes Agenda Title: Public Hearing:on Adoption of the Budget,Making Appropriations,Declaring the Ad Valorem Tax Levy and Classifying the Levy as Provided Authored By: Liz Lutz Presented By: Cindy Trimp Item Type: Motion Requested Resolution Public Hearing Public Hearing Yes Legal Ad Required?: Publication Date: 06/02/2022 Information EXPLANATION OF ISSUE Oregon local budget law requires that a budget be adopted by the City Council prior to July 1,2022,for the fiscal year FY 2023 following approval by the Budget Committee and after a public hearing has been held before the City Council. ACTION REQUESTED The Finance team recommends adoption of the Approved FY 2022-2023 budget with technical adjustments. BACKGROUND INFORMATION The Tigard Budget Committee,comprised of the City Council and five community members,held three meetings on the City Manager's Proposed FY 2023 budget on April 23,2022,May 2,2022 and May 9,2022.At the May 9th meeting,the Budget Committee approved the Proposed Budget with adjustments,and forwarded the Approved Budget to the City Council for adoption. The FY 2022-2023 City of Tigard Approved Budget total requirements are$425,366,661 including appropriations of$270,214,430 as shown in Exhibit A-Schedule of Appropriations;the remaining$155,152,231 is the city's reserve for future expenditures. Finance has included the following technical adjustments to operations totaling$1,562,359 in appropriations for council consideration. Adjustments to Operations: •Carryforward Total$1,412,359 •Community Development—$563,982 •Public Works—$848,377 Adjustments to Capital Improvement Plan: •Carryforward Total—$75,000 •Facilities—$40,000 •Parks-$35,000 If the Council approves the budget with the staff recommended technical adjustment,then the total requirements will be $426,929,020,including appropriations of$271,776,789 with the remaining$155,152,231 comprising the City's reserve for future expenditures. This technical adjustment does not increase expenditures by over 10%in any fund. ALTERNATIVES&RECOMMENDATION Council can make additional changes to the Approved Budget up to 10%in any fund.By Oregon Law,the FY 2022-2023 budget must be adopted by July 1,2022. ADDITIONAL RESOURCES Attachments City Budget Adoption Presentation_FY23 Budget Adoption Exhibit-Technical Adjustment Summary to FY23 Approved Budget Exhibit A-Schedule of Appropriations_FY23 Approved TA Exhibit B-Appropriations by Request_FY23 Approved TA Exhibit C-Tech Adjustment CIP CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE APPROVED BUDGET, WITH ADJUSTMENTS, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX T.FVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2023. WHEREAS, three hearings by the Tigard Budget Committee on the budget document,as proposed by the City Manager, were duly called and held on April 23, 2022, May 2, 2022 and May 9, 2022, where all interested persons were afforded an opportunity to appear and be heard with respect to the budget;and WHEREAS, the budget for the City of Tigard for the year beginning July 1, 2022 was duly approved and recommended to the City Council by the regularly constituted Budget Committee at its meeting on May 9, 2022,after proceedings in accordance with Chapter 294, Oregon Revised Statutes;and WHEREAS, a summary of the budget as required by Chapter 294.438 was duly published in the Tigard Times, a newspaper of general circulation in the city in accordance with Chapter 294.448;and WHEREAS, a hearing by the Tigard City Council on the budget document as approved by the Budget Committee,was duly called and held on June 7,2022,where all interested persons were afforded an opportunity to appear and be heard with respect to the budget; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The council adopts the budget for FY 2022-23 as approved by council following the budget hearing on June 7,2022. SECTION 2: The amounts appropriated for each fund for the fiscal year beginning July 1, 2022, are shown on the attached — Exhibit A Schedule of Appropriations as approved by Budget Committee on May 9,2022 with adjustments made by council during the hearing on June 7,2022. SECTION 3: The City of Tigard City Council hereby imposes the taxes provided for in the adopted budget at the rate of $2.5131 per $1,000 of assessed value for its permanent rate tax; plus an additional $0.29 per $1,000 local option levy property tax; and in the amount of$2,685,000 for debt service on general obligation bonds; and that these taxes are hereby imposed and categorized for tax year 2022-23 upon the assessed value of all taxable property in the city as follows: General Government Limit Permanent rate tax $2.5131/$1,000 Local Option Levy Local Option Levy tax $0.29/$1,000 Excluded from Limit General Obligation Bond Debt Service $2,685,000 RESOLUTION NO. 22- Page 1 SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor- City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 22- Page 2 i. .:.._ . 1 1 . • , .4__ ._ . , , . . ,, . ,__-_ 2. . tgPROPOSED _"ilr-k, _ - .,/ Itt i_,,ir , ...Ili", BUDGET Ilk. . ... ,,, ,1,. - ! •� it IJ I b -e` en` { Il ! Jr- 1L } 'xi I 11) 7 1 • g,..;- ,I q ,Jr f. !!M • 7 i 7P••. - 1� a t , -wt liggir f _`VS. r.,#1"$.' ' , CITY OF 1' ryI . ,.,., . L$', `' . Tigard .,_. .. ..:,.... 0,,,[t (Fi 1, `0d' yi i 11 1 Baa,`j i ,a .�� Tigardcl . • Budget Hearing, June 7, 2022Alb. — Key Dates for Tigard Forward April 23 — Present and Discuss Proposed Budget *aftNina* Nee Nee Nee May 2 — TCDA Budget and Budget Committee Follow-Up Items May 9 — Budget Committee Follow-Up Items and Budget Approval June 7 — City Council Adopts the City Budget and TCDA Budget — eTia0IdF Budget Hearing • Considered Approved Budget has total appropriations of $270,214,430 and 342.45 FTE. • $ 1,562,359 in Technical Adjustments to Approved Budget. CITY OF it Tigard FY 2023 Approved Budget Technical Adjustment - 6t Tig"ard — FY 2023 Approved Budget Technical Adjustment Adjustments to Operations • Carryforward Total $ 1 ,412, 359 Community Development — $ 170, 982 Community Services - $ 393, 000 Public Works — $848, 377 e: Ti,Tam — FY 2023 Approved Budget Technical Adjustment • Adjustments to Capital Improvement Plan • Carryforwards Total — $75,000 Facilities — $40,000 Parks — $35,000 • Adjustments to Transfers • CIP Project Transfers — $75,000 FY 2023 Approved BTechnical Adjustment All Funds FTE (unchanged) Budget Program Proposed Committee Approved City Council Recommended Approved — Changes Adopted Budget 342.45 Changes Policy and Administration $ 23,491,161 115,665 $ 23,606,826 $ - $ 23,606,826 Recommended CommunityDevelopment $ 7 719 030 6 290 $ 7,725 320 $ 170 982 Adopted - 342.45 p $ 7,896,302 Community Services $ 33,139,489 925 $ 33,140,414 $ 393,000 $ 33,533,414 Public Works $ 34,530,627 14,448 $ 34,545,075 $ 848,377 $ 35,393,452 Debt Service $ 9,754,690 _ $ 9,754,690 $ - $ 9,754,690 Loan to TCDA $ 700,000 200,000 $ 900,000 $ - $ 900,000 Transfer $ 82,081,361 1,756,744 $ 83,838,105 $ 75,000 $ 83,913,105 Capital Improvements $ 71,269,000 1,635,000 $ 72,904,000 $ 75,000 $ 72,979,000 Contingency $ 3,800,000 - $ 3,800,000 $ - $ 3,800,000 Total Fund $ 266,485,358 3,729,072 $ 270,214,430 $ 1,562,359 $ 271,776,789 11 " CITY OF __ Tigard - Budget Hearing • Staff recommends adoption of the budget as presented in tonight's agenda . • This is the budget as approved by the Budget Committee with technical adjustments. Budget Hearing • Master Fees and Charges • State Shared Revenues • State Revenue Sharing • City of Tigard Budget • Town Center Development Agency Budget CITY OF it Tigard CITY OF TIGARD - BUDGET TECHNICAL ADJUSTMENTS FY 2022-2023 Item # Department Fund Division Request Title Request Funding Total Amount Detailed Description Source FY23CD01 Community 100-General Fund 3700-Economic Development Economic development and business CARRYFORWARD Unanticipated $ 82,000 Business assistance and economic mobility programs that include: business mentoring with Professional Business Development Group Development support Fund Balance (PBDG)to support historically under-served women and entreprneuers of color as they start businesses focused on construction and the trades in Tigard;Advance Tigard workforce development program with IRCO that provides career coaching to residents employed in Tigard; Spanish language business advising with Adelante Mujeres; and a trade allies program to improve the energy efficiency business sector in Tigard. These programs were created and launched in late 2021 or early 2022.As ongoing economic development projects do not align with a fiscal year,a carry over of funds is needed to continue the work. Funding fulfills contract obligations with service providers. FY23CD02 Community 100-General Fund 3700-Economic Development Mobile Business Incubator CARRYFORWARD Unanticipated $ 56,965 Final payment for the creation of two mobile business incubators(aka Launch Pod)for use to support enterpreneurs starting a food Development Fund Balance focused businesses. Requsting the carryforward for the final payment when assembly of the mobile business incubators be complete in the Fall of 2022. FY23CD03 Community 100-General Fund 3700-Economic Development Business Support Revolving Loan CARRYFORWARD Unanticipated $ 393,000 Creation of a revolving loan fund to support businesses through a loan program managed by a Community Development Finance Development Fund Fund Balance Institution (CDFI) partner.Originally budgeted as an ARPA allocation in February 2022. Program priority was placed initially on grant making in March/April of 2022. With that grant making complete,the economic development team can now work on creating this additional business assistance program. FY23CD04 Community 100-General Fund 3000-Community Development Tigard MADE Economic Opportunities CARRYFORWARD Unanticipated $ 12,017 Economic Opportunities Analysis project and recommendations are still being completed. Requesting to carryforward $12,017 of original Development Planning Analysis Fund Balance $81,473 budgeted to complete remaining tasks.Tasks remaining to be completed are new code language, review by the Planning Commission, and new codes and EOA adoption by the City Council. Consultant needs to finalize documents, be available for answering questions as staff finalizes code, and be present at adoption hearings. FY23CD05 Community 100-General Fund 3000-Community Development Pilot Air Quality Measurement Study: CARRYFORWARD Unanticipated $ 20,000 This pilot program will use basic air quality sensors to monitor particulate matter levels around Metzger Elementary over a one-month Development Planning Metzger Elementary Area Fund Balance period.The study will allow staff to test the accuracy of simple sensors,visualize air quality data in a manner that is highly digestible to the public,and monitor relative air quality at various times of day and locations around a sensitive study location. The contract was signed in May and project wil be completed by the Q1 or Q2 of FY2023. FY23PWO3B Public Works MULTIPLE MULTIPLE Carryforward of Parks and Recreation CARRYFORWARD Unanticipated $ 115,000 This project,along with the associated funding,was awarded during the 3rd quarter supplemental to the FY22 budget. Due to various System Plan Implementation and Fund Balance workloads within the city and with consultants,the work will begin in earnest in July and funding will need to be moved forward into FY23. Financial Modeling Services Work includes: Implementation Plan Portion($75k Total-$45k plus project out-years estimating of$30k) Capital Project and Rec Program Prioritization-The city would engage a consultant to assist with prioritizing out year's capital projects and recreation programming,including cost estimating and creating a screening tool.This work will include the tasks noted below and further inform the funding plan effort for sustaining park operations and recreation: •Refine list of capital projects and recreation programs from adopted 2021 Parks and Recreation System Plan •Provide cost estimates and project/program information sheets. •Build Prioritization Criteria to ensure projects/programs meet the needs of gap areas. •Develop a project/program implementation timeline in 5-year increments(rolling 5-10 year approach) •Prepare recommendations Financial Model ($40k for PARF) The city would engage a consultant to assist with an overall financial model for the Parks and Recreation program with a focused lens on the long-term implementation plan. This will include work to find a long-term and stable funding source for maintenance operations and FY23PW04 Public Works MULTIPLE MULTIPLE Carryforward of Replacement of CARRYFORWARD Unanticipated $ 670,000 This vehicle was anticipated to be received during FY22. In early spring,the city heard from the vendor that due to labor and supply chain Vactor 12-047.Total cost of is split Fund Balance issues,the delivery has been delayed to the fall and FY23. This action will allow the city to account for the expenditure in the correct fiscal evenly between Sanitary Sewer and year. Ctnrmwatar _ FY23PW05 Public Works MULTIPLE MULTIPLE Carryforward of John Deere Gator CARRYFORWARD Unanticipated $ 13,377 This utility vehicle was anticipated to be received during FY22. In mid-spring,the city heard from the vendor that due to supply chain Utility Vehicle. Fund Balance issues,the delivery has been delayed to the mid-summer and FY23. This action will allow the city to account for the expenditure in the correct fiscal year. FY23PW06 Public Works 530-Water Fund 6500-Water Carryforward of Water Meters CARRYFORWARD Unanticipated $ 50,000 Carryforward of water meters ordered and anticipated in FY22.Vendor has informed the city they will be received after June 30,2022, Fund Balance necessitating payment in FY23. Operations Total $ 1,412,359 1 of 3 CITY OF TIGARD - BUDGET TECHNICAL ADJUSTMENTS FY 2022-2023 Item # Department Capital Fund Division Request Title Request Funding Source I Total Amount Detailed Description FY23PW02 Capital 400-Facilities Capital 8000-CIP 1CIP 91023 Public Works Field Staff CARRYFORWARD Unanticipated $ 40,000 Carryforward $40,000 of prior year appropriations: $12,000 Parks Utility Fund (270), $5,000 Sanitary Sewer Fund (500), $9,000 Improvement Projects Fund Work Area and Breakroom Fund Balance Stormwater Fund (510),and $14,000 Water Fund (530). Furnishings ordered for the project will not be received until after June 30, 2022. Prnn ra m FY23PWO3A Capital 420-Parks Capital 8000-CIP 1CIP 92072 Parks and Recreation CARRYFORWARD Unanticipated $ 35,000 Carryforward$35,000 of prior year appropriations impacting Parks SDC Fund (425). This project, along with the associated funding,was Improvement Fund System Plan SDC Analysis and Rate Fund Balance awarded during the 3rd quarter supplemental to the FY22 budget. Due to various workloads within the city and with consultants,the work Program Study will begin in earnest in July and funding will need to be moved forward into FY23.This carryforward resulted in the creation of a new Work Order. Financial Model ($35k for Parks SDC- paid by SDCs) The city will engage a consultant to assist with an overall financial model for the Parks and Recreation program with a focused lens on the long-term implementation plan. This will include work to find a long-term and stable funding source for maintenance operations and recreation and for CIP projects related to the new system plan. Phases of this work include: •Parks SDC Analysis and Rate Setting—the Consultant will be tasked with an analysis of the city's current Parks SDC rates and incorporate the new system capital needs with the new system plan and develop revised rates for the near future. The consultant will also help the city determine the appropriate use of both SDC-I and SDC-R dollars for individual projects in the system plan. CIP Total $ 75,000 Item # Department Source Fund Division Request Title Request Funding Total Amount Detailed Description Source FY23PW02 Capital MULTIPLE 8000-CIP CIP 91023 Public Works Field Staff CARRYFORWARD Unanticipated $ 40,000 Refer to CIP section Improvement Work Area and Breakroom Fund Balance Prnn ra m FY23PWO3A Capital 425-Parks SDC Fund 8000-CIP CIP 92072 Parks and Recreation CARRYFORWARD Unanticipated $ 35,000 Refer to CIP section Improvement System Plan SDC Analysis and Rate Fund Balance Prnnram Study Changes to Transfers Only $ 75,000 2 of 3 CITY OF TIGARD - BUDGET TECHNICAL ADJUSTMENTS FY 2022-2023 3 of 3 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted General Fund Policy and Administration 1,660,140 1,498 1,661,638 0 1,661,638 Community Development 4,507,362 3,612 4,510,974 170,982 4,681,956 Community Services 30,334,398 -1,131 30,333,267 393,000 30,726,267 Public Works 74,000 0 74,000 0 74,000 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 8,920,355 1,864,744 10,785,099 0 10,785,099 Capital Improvements 0 0 0 0 0 Contingency 1,400,000 0 1,400,000 0 1,400,000 46,896,255 1,868,723 48,764,978 563,982 49,328,960 Gas Tax Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 3,753,709 1,053 3,754,762 0 3,754,762 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 3,771,764 0 3,771,764 0 3,771,764 Capital Improvements 0 0 0 0 0 Contingency 200,000 0 200,000 0 200,000 7,725,474 1,053 7,726,527 0 7,726,527 City Gas Tax Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 2,312,159 0 2,312,159 0 2,312,159 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 2,312,159 0 2,312,159 0 2,312,159 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Transient Lodging Tax Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 191,287 0 191,287 0 191,287 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 191,287 0 191,287 0 191,287 Construction Excise Tax Fund Policy and Administration 0 0 0 0 0 Community Development 400,000 0 400,000 0 400,000 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 250,635 0 250,635 0 250,635 Capital Improvements 0 0 0 0 0 Contingency 50,000 0 50,000 0 50,000 700,635 0 700,635 0 700,635 Electrical Inspection Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 252,527 0 252,527 0 252,527 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 252,527 0 252,527 0 252,527 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Building Fund Policy and Administration 0 0 0 0 0 Community Development 2,811,668 2,678 2,814,346 0 2,814,346 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 293,125 0 293,125 0 293,125 Capital Improvements 0 0 0 0 0 Contingency 150,000 0 150,000 0 150,000 3,254,793 2,678 3,257,471 0 3,257,471 Criminal Forfeiture Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 404,721 0 404,721 0 404,721 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 9 0 9 0 9 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 404,730 0 404,730 0 404,730 Urban Forestry Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 151,236 0 151,236 0 151,236 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 151,236 0 151,236 0 151,236 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Parks Utility Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 4,826,078 3,077 4,829,155 128,377 4,957,532 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 956,724 0 956,724 12,000 968,724 Capital Improvements 0 0 0 0 0 Contingency 125,000 0 125,000 0 125,000 5,907,802 3,077 5,910,879 140,377 6,051,256 Police Levy Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 2,400,371 2,056 2,402,427 0 2,402,427 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 2,400,371 2,056 2,402,427 0 2,402,427 Bancroft Debt Service Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 0 0 0 0 0 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted General Obligation Debt Service Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 2,550,243 0 2,550,243 0 2,550,243 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 2,550,243 0 2,550,243 0 2,550,243 Facilities Capital Projects Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 26 0 26 0 26 Capital Improvements 425,000 1,635,000 2,060,000 40,000 2,100,000 Contingency 0 0 0 0 0 425,026 1,635,000 2,060,026 40,000 2,100,026 Transportation Development Tax Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 4,500,817 0 4,500,817 0 4,500,817 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 4,500,817 0 4,500,817 0 4,500,817 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Underground Utility Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 102,654 0 102,654 0 102,654 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 102,654 0 102,654 0 102,654 Street Maintenance Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 331,003 0 331,003 0 331,003 Capital Improvements 3,440,000 0 3,440,000 0 3,440,000 Contingency 0 0 0 0 0 3,771,003 0 3,771,003 0 3,771,003 Transportation SDC Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 6,098,204 0 6,098,204 0 6,098,204 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 6,098,204 0 6,098,204 0 6,098,204 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Parks Capital Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 13,782,500 0 13,782,500 35,000 13,817,500 Contingency 0 0 0 0 0 13,782,500 0 13,782,500 35,000 13,817,500 Parks Bond Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 826,457 0 826,457 0 826,457 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 826,457 0 826,457 0 826,457 Parks SDC Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 8,471,295 0 8,471,295 35,000 8,506,295 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 8,471,295 0 8,471,295 35,000 8,506,295 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Transportation CIP Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 17,517,500 0 17,517,500 0 17,517,500 Contingency 0 0 0 0 0 17,517,500 0 17,517,500 0 17,517,500 Sanitary Sewer Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 2,889,919 779 2,890,698 335,000 3,225,698 Debt Service 0 0 0 0 0 Loan to TCDA 700,000 200,000 900,000 0 900,000 Transfer 3,062,150 0 3,062,150 5,000 3,067,150 Capital Improvements 245,000 0 245,000 0 245,000 Contingency 200,000 0 200,000 0 200,000 7,097,069 200,779 7,297,848 340,000 7,637,848 Stormwater Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 4,040,785 1,534 4,042,319 335,000 4,377,319 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 1,578,317 -108,000 1,470,317 9,000 1,479,317 Capital Improvements 7,939,000 0 7,939,000 0 7,939,000 Contingency 275,000 0 275,000 0 275,000 13,833,102 -106,466 13,726,636 344,000 14,070,636 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Water Quality/Quantity Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 340,000 0 340,000 0 340,000 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 340,000 0 340,000 0 340,000 Water Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 11,219,064 2,064 11,221,128 50,000 11,271,128 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 29,446,272 0 29,446,272 14,000 29,460,272 Capital Improvements 0 0 0 0 0 Contingency 475,000 0 475,000 0 475,000 41,140,336 2,064 41,142,400 64,000 41,206,400 Water SDC Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 8,124,345 0 8,124,345 0 8,124,345 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 8,124,345 0 8,124,345 0 8,124,345 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Water CIP Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 27,920,000 0 27,920,000 0 27,920,000 Contingency 0 0 0 0 0 27,920,000 0 27,920,000 0 27,920,000 Water Debt Service Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 7,204,447 0 7,204,447 0 7,204,447 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 7,204,447 0 7,204,447 0 7,204,447 Central Services Fund Policy and Administration 16,893,459 112,703 17,006,162 0 17,006,162 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 1,000,000 0 1,000,000 0 1,000,000 Capital Improvements 0 0 0 0 0 Contingency 500,000 0 500,000 0 500,000 18,393,459 112,703 18,506,162 0 18,506,162 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Information Technology Replacement Fund Policy and Administration 135,500 0 135,500 0 135,500 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 135,500 0 135,500 0 135,500 Facilities Replacement Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 0 0 0 0 0 Public Works Admin Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 3,162,772 1,949 3,164,721 0 3,164,721 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 125,000 0 125,000 0 125,000 3,287,772 1,949 3,289,721 0 3,289,721 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Public Works Engineering Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 4,564,300 3,992 4,568,292 0 4,568,292 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 150,000 0 150,000 0 150,000 4,714,300 3,992 4,718,292 0 4,718,292 Fleet/Property Management Fund Policy and Administration 3,251,109 1,426 3,252,535 0 3,252,535 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 1,000,000 0 1,000,000 0 1,000,000 Capital Improvements 0 0 0 0 0 Contingency 125,000 0 125,000 0 125,000 4,376,109 1,426 4,377,535 0 4,377,535 Fleet/Vehicle Replacement Fund Policy and Administration 1,065,000 0 1,065,000 0 1,065,000 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 1,065,000 0 1,065,000 0 1,065,000 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Insurance Fund Policy and Administration 485,952 38 485,990 0 485,990 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 0 0 0 0 0 Contingency 25,000 0 25,000 0 25,000 510,952 38 510,990 0 510,990 Library Donations and Bequests Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to TCDA 0 0 0 0 0 Transfer 100,000 0 100,000 0 100,000 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 100,000 0 100,000 0 100,000 All Funds Policy and Administration 23,491,161 115,665 23,606,826 0 23,606,826 Community Development 7,719,030 6,290 7,725,320 170,982 7,896,302 Community Services 33,139,489 925 33,140,414 393,000 33,533,414 Public Works 34,530,627 14,448 34,545,075 848,377 35,393,452 Debt Service 9,754,690 0 9,754,690 0 9,754,690 Loan to TCDA 700,000 200,000 900,000 0 900,000 Loan to CCDA 0 0 0 0 0 Transfer 82,081,361 1,756,744 83,838,105 75,000 83,913,105 Capital Improvements 71,269,000 1,635,000 72,904,000 75,000 72,979,000 Contingency 3,800,000 0 3,800,000 0 3,800,000 266,485,358 3,729,072 270,214,430 1,562,359 271,776,789 Exhibit B-Technical Adjustment to Approved FY 2023 Budget All Funds Budget City Council Recommended Program Proposed Committee Approved Changes Adopted Budget Changes Policy and Administration $ 23,491,161 115,665 $ 23,606,826 $ - $ 23,606,826 Community Development $ 7,719,030 6,290 $ 7,725,320 $ 170,982 $ 7,896,302 Community Services $ 33,139,489 925 $ 33,140,414 $ 393,000 $ 33,533,414 Public Works $ 34,530,627 14,448 $ 34,545,075 $ 848,377 $ 35,393,452 Debt Service $ 9,754,690 _ I $ 9,754,690 $ - $ 9,754,690 Loan to TCDA $ 700,000 200,000 $ 900,000 $ - $ 900,000 Transfer $ 82,081,361 1,756,744 $ 83,838,105 $ 75,000 $ 83,913,105 Capital Improvements $ 71,269,000 1,635,000 $ 72,904,000 $ 75,000 $ 72,979,000 Contingency $ 3,800,000 - I $ 3,800,000 $ - i $ 3,800,000 Total Fund $ 266,485,358 3,729,072 $ 270,214,430 $ 1,562,359 $ 271,776,789 Exhibit B-Technical Adjustment to Approved FY 2023 Budget General Fund Budget City Council Recommended Program Proposed Committee Approved FY23CD01 FY23CD02 FY23CD03 FY23CD04 FY23CD05 Changes Adopted Budget Changes Policy and Administration $ 1,660,140 1,498 $ 1,661,638 $ - $ 1,661,638 Community Development $ 4,507,362 3,612 $ 4,510,974 $ 82,000 $ 56,965 $ 12,017 $ 20,000 $ 170,982 $ 4,681,956 Community Services $ 30,334,398 (1,131) $ 30,333,267 $ 393,000 $ 393,000 $ 30,726,267 Public Works $ 74,000 - $ 74,000 $ - $ 74,000 Debt Service $ - _ $ - $ - $ - Loan to TCDA $ - _ $ - $ - $ - Transfer $ 8,920,355 1,864,744 $ 10,785,099 $ - $ 10,785,099 Capital Improvements $ - - $ - $ - $ - Contingency $ 1,400,000 - $ 1,400,000 $ - $ 1,400,000 Total Fund $ 46,896,255 1,868,723 $ 48,764,978 $ 82,000 $ 56,965 $ 393,000 $ 12,017 $ 20,000 $ 563,982 $ 49,328,960 Exhibit B-Technical Adjustment to Approved FY 2023 Budget Parks Utility Fund Budget City Council Recommended Program Proposed Committee Approved FY23PW02 FY23PWO3B FY23PW05 Changes Adopted Budget Changes Policy and Administration $ - - $ - $ - $ - Community Development $ - - $ - $ - $ - Community Services $ - - $ - $ - $ - Public Works $ 4,826,078 3,ir $ 4,829,155 $ 115,000 $ 13,377 $ 128,377 $ 4,957,532 Debt Service $ - _ $ - $ - $ - Loan to TCDA $ - _ $ - $ - $ - Transfer $ 956,724 - $ 956,724 $ 12,000 $ 12,000 $ 968,724 Capital Improvements $ - - $ - $ - $ - Contingency $ 125,000 - $ 125,000 $ - $ 125,000 Total Fund $ 5,907,802 3,077 $ 5,910,879 $ 12,000 $ 115,000 $ 13,377 $ 140,377 $ 6,051,256 Exhibit B-Technical Adjustment to Approved FY 2023 Budget Facilities Capital Projects Fund Budget City Council Recommended Program Proposed Committee Approved FY23PW03 Changes Adopted Budget Changes Policy and Administration $ - - $ - $ - $ - Community Development $ - - $ - $ - $ - Community Services $ - _ $ - $ - $ - Public Works $ - - $ - $ - $ - Debt Service $ - _ $ - $ - $ - Loan to TCDA $ - - $ - $ - $ - Transfer $ 26 - $ 26 $ - $ 26 Capital Improvements $ 425,000 1,635,000 $ 2,060,000 $ 40,000 $ 40,000 $ 2,100,000 Contingency $ - - $ - I $ - $ - Total Fund $ 425,026 1,635,000 $ 2,060,026 $ 40,000 $ 40,000 $ 2,100,026 Exhibit B -Technical Adjustment to Approved FY 2023 Budget Parks SDC Fund Budget City Council Recommended Program Proposed Committee Approved FY23PWO3A Changes Adopted Budget Changes Policy and Administration $ - - $ - $ - $ - Community Development $ - - $ - $ - $ - Community Services $ - _ $ - $ - $ - Public Works $ - - $ - $ - $ - Debt Service $ - _ $ - $ - $ - Loan to TCDA $ - - $ - $ - $ - Transfer $ 8,471,295 - $ 8,471,295 $ 35,000 $ 35,000 $ 8,506,295 Capital Improvements $ - - $ - $ - $ - Contingency $ - - $ - $ - $ - Total Fund $ 8,471,295 - $ 8,471,295 $ 35,000 $ 35,000 $ 8,506,295 Exhibit B -Technical Adjustment to Approved FY 2023 Budget Parks Capital Fund Budget City Council Recommended Program Proposed Committee Approved FY23PWO3A Changes Adopted Budget Changes Policy and Administration $ - - $ - $ - $ - Community Development $ - - $ - $ - $ - Community Services $ - _ $ - $ - $ - Public Works $ - - $ - $ - $ - Debt Service $ - _ $ - $ - $ - Loan to TCDA $ - - $ - $ - $ - Transfer $ - - $ - $ - $ - Capital Improvements $ 13,782,500 - $ 13,782,500 $ 35,000 $ 35,000 $ 13,817,500 Contingency $ - - $ - $ - $ - Total Fund $ 13,782,500 - $ 13,782,500 $ 35,000 $ 35,000 $ 13,817,500 Exhibit B-Technical Adjustment to Approved FY 2023 Budget Sanitary Sewer Fund Budget City Council Recommended Program Proposed Committee Approved FY23PW02 FY23PW04 Changes Adopted Budget Changes Policy and Administration $ - - $ - $ - $ - Community Development $ - - $ - $ - $ - Community Services $ - - $ - $ - $ - Public Works $ 2,889,919 779 $ 2,890,698 $ 335,000 $ 335,000 $ 3,225,698 Debt Service $ - - $ - $ - $ - Loan to TCDA $ 700,000 200,000 $ 900,000 $ - $ 900,000 Transfer $ 3,062,150 - $ 3,062,150 $ 5,000 $ 5,000 $ 3,067,150 Capital Improvements $ 245,000 - $ 245,000 $ - $ 245,000 Contingency $ 200,000 - $ 200,000 $ - $ 200,000 Total Fund $ 7,097,069 200,779 $ 7,297,848 $ 5,000 $ 335,000 $ 340,000 $ 7,637,848 Exhibit B-Technical Adjustment to Approved FY 2023 Budget Stormwater Fund Budget City Council Recommended Program Proposed Committee Approved FY23PW02 FY23PW04 Changes Adopted Budget Changes Policy and Administration $ - - $ - $ - $ - Community Development $ - - $ - $ - $ - Community Services $ - _ $ - $ - $ - Public Works $ 4,040,785 1,534 $ 4,042,319 $ 335,000 $ 335,000 $ 4,377,319 Debt Service $ - _ $ - $ - $ - Loan to TCDA $ - _ $ - $ - $ - Transfer $ 1,578,317 (108,000) $ 1,470,317 $ 9,000 $ 9,000 $ 1,479,317 Capital Improvements $ 7,939,000 - $ 7,939,000 $ - $ 7,939,000 Contingency $ 275,000 - $ 275,000 $ - $ 275,000 Total Fund $ 13,833,102 (106,466) $ 13,726,636 $ 9,000 $ 335,000 $ 344,000 $ 14,070,636 Exhibit B-Technical Adjustment to Approved FY 2023 Budget Water Fund Budget City Council Recommended Program Proposed Committee Approved FY23PW02 FY23PW06 Changes Adopted Budget Changes Policy and Administration $ - - $ - $ - $ - Community Development $ - - $ - $ - $ - Community Services $ - - $ - $ - $ - Public Works $ 11,219,064 2,064 $ 11,221,128 $ 50,000 $ 50,000 $ 11,271,128 Debt Service $ - - $ - $ - $ - Loan to TCDA $ - _ $ - $ - $ - Transfer $ 29,446,272 - $ 29,446,272 $ 14,000 $ 14,000 $ 29,460,272 Capital Improvements $ - - $ - $ - $ - Contingency $ 475,000 - $ 475,000 $ - $ 475,000 Total Fund $ 41,140,336 2,064 $ 41,142,400 $ 14,000 $ 50,000 $ 64,000 $ 41,206,400 Exhibit C-Technical Adjustment to FY 2023 Approved Budget FY23PW01 97017 Main Street Green Street Retrofit(Phase 2) The project will extend the improvements completed during Phase 1 to the improvements completed with the Pacific Highway/Main Street/Greenberg Road project.Improvements include new sidewalks,new asphaltic concrete and the collection and treatment of stormwater runoff using low impact development approaches(LIDA). Total Project Approved This Change Revised Projected Revised Projected Revised Projected Revised Projected Revised Projected Revised Project Spending to Budget Approved 2024 Projected 2025 Projected 2026 Projected 2027 Projected 2028 Projected Total Date FY2022 FY 2023 Budget 2024 2025 2026 2027 2028 FY 2023 Internal Expenses Design and Engineering 295,000 60,000 60,000 - - - - - - 355,000 Project Management - - - - - Construction Management - - - - - - - - Total 295,000 60,000 - 60,000 - - - - - - - - - - 355,000 External Expenses Public Involvement - - - - - - - - Land/Right of Way Acquisition - - - - - - - - Design and Engineering 755,000 150,000 150,000 - - - - - - 905,000 Environmental Permit Comp. - - Construction 600,000 1,700,000 1,000,000 2,700,000 - - - 3,300,000 Contingency 400,000 400,000 - - - - - - 400,000 Total 1,355,000 2,250,000 1,000,000 3,250,000 - - - - - - - - - - 4,605,000 I I I I I I Total Project Expense 1,650,000 2,310,000 1,000,000 3,310,0001 - - I - - I - - I - - I - - 1 4,960,000 Revenue Funding Source 200-Gas Tax Fund 185,000 - - - - - 185,000 205-City Gas Tax Fund 845,000 857,000 1,000,000 1,857,000 2,702,000 511-Water Quality/Quantity 340,000 340,000 340,000 Total Revenue Funding 1,030,000 1,197,000 1,000,000 2,197,000 - - - - - - - - - - 3,227,000 Other Revenue Source TriMet 533,000 533,000 533,000 Urban Renewal Capital Imp. 620,000 580,000 580,000 1,200,000 Total Other Revenue Source 620,000 1,113,000 - 1,113,000 - - - - - - - - - - 1,733,000 Total Project Revenues 1,650,000 2,310,000 1,000,000 3,310,000 - - - - - - - - - - 4,960,000 Exhibit C-Technical Adjustment to FY 2023 Approved Budget FY23PW02 91023 Public Works Field Staff Work Area and Breakroom Project Description:This project will plan,design,and construct internal improvements to the existing Public Works building.It will add field staff workstations to the crew lunchroom,add additional office space to the front area,and take advantage of unused front counter space. Total Project Approved This Change Revised Projected Revised Projected Revised Projected Revised Projected Revised Projected Revised Project Spending to Budget Approved 2024 Projected 2025 Projected 2026 Projected 2027 Projected 2028 Projected Total Date FY2022 FY 2023 Budget 2024 2025 2026 2027 2028 FY 2023 Internal Expenses Design and Engineering - - - - - - - - Project Management - - - - - Construction Management - - - - - - - - Total - - - - - - - - - - - - - - - External Expenses Public Involvement - - - - - - - - Land/Right of Way Acquisition - - - - - - - - Design and Engineering 4,000 - - - - - - - 4,000 Environmental Permit Comp. - - Construction 81,000 40,000 40,000 - - - 121,000 Contingency - - - - - - - - Total 85,000 - 40,000 40,000 - - - - - - - - - - 125,000 I I I I I I Total Project Expense 85,000 - 40,000 40,000 I - - I - - I - - I - - I - - I 125,000 Revenue Funding Source 270-Parks Utility Fund 25,000 12,000 12,000 - - - 37,000 500-Sanitary Sewer Fund 11,000 5,000 5,000 16,000 510-Stormwater Fund 20,000 9,000 9,000 29,000 530-Water Fund 29,000 14,000 14,000 43,000 Total Revenue Funding 85,000 - 40,000 40,000 - - - - - - - - - - 125,000 Other Revenue Source Total Other Revenue Source - - - - - - - - - - - - - - - Total Project Revenues 85,000 - 40,000 40,000 - - - - - - - - - - 125,000 Exhibit C-Technical Adjustment to FY 2023 Approved Budget FY23PW03A 92072 Parks and Recreation System Plan SDC Analysis and Rate Study Parks SDC Analysis and Rate Setting—a consultant will be tasked with an analysis of the city's current Parks SDC rates and incorporate the new system capital needs with the new system plan and develop revised rates for the near future. The consultant will also help the city determine the appropriate use of both SDC-I and SDC-R dollars for individual projects in the system plan. Total Project Approved This Change Revised Projected Revised Projected Revised Projected Revised Projected Revised Projected Revised Project Spending to Budget Approved 2024 Projected 2025 Projected 2026 Projected 2027 Projected 2028 Projected Total Date FY2022 FY 2023 Budget 2024 2025 2026 2027 2028 FY 2023 Internal Expenses Design and Engineering - - - - - - - - Project Management - - - - - Construction Management - - - - - - - - Total - - - - - - - - - - - - - - - External Expenses Public Involvement - - - - - - - - Land/Right of Way Acquisition - - - - - - - - Design and Engineering 35,000 35,000 - - - - - - 35,000 Environmental Permit Comp. - - Construction - - - - - Contingency - - - - - - - - Total - - 35,000 35,000 - - - - - - - - - - 35,000 I I I I I I Total Project Expense - - 35,000 35,000 I - - I - - I - - I - - I - - I 35,000 Revenue Funding Source 425-Parks SDC Fund 35,000 35,000 - - - 35,000 Total Revenue Funding - - 35,000 35,000 - - - - - - - - - - 35,000 Other Revenue Source Total Other Revenue Source - - - - - - - - - - - - - - - Total Project Revenues - - 35,000 35,000 - - - - - - - - - - 35,000 AIS-4941 10. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 10 Minutes Agenda Title: TCDA Public Hearing on Adoption of the TCDA FY 2023 Budget with Adjustments,Make Appropriations, Impose and Categorize Taxes Authored By: Liz Lutz Presented By: Cindy Trimp Item Type: Motion Requested Resolution Public Hearing Town Center Development Agency Public Hearing Yes Legal Ad Required?: Publication Date: 06/02/2022 • Information EXPLANATION OF ISSUE The Town Center Development Agency Board of Directors may adopt the Proposed Budget for FY 2023 prior to July 1,2022 in accordance with Oregon budget law. ACTION REQUESTED The Finance team recommends adoption of the FY 2023 Proposed Budget as approved by the Town Center Development Agency budget committee on May 2,2022. BACKGROUND INFORMATION The Town Center Development Agency Budget Committee(made up of the Town Center Development Agency Board of Directors and five resident members)reviewed the Executive Director's budget on April 23,2022 and May 2,2022. At the May Td meeting,the budget committee approved the proposed budget and forwarded the budget to the Town Center Development Agency Board of Directors for adoption. The total FY 2023 Town Center Development Agency approved total requirements are$21,325,301 including appropriations of $16,113,000 with the remaining$5,212,301 comprising the agency's reserve for future expenditures. Finance has included the following technical adjustments to operations totaling$45,000 in appropriations for TCDA Board consideration. •City Center Building Improvement Program—Carry forward$45,000 in unspent funds from FY 2022 TCDA Budget for the City Center Building Improvement Program to fund two matching grants for facade/tenant improvements that were approved in FY 2022,but not completed. Oregon Budget Law gives the governing body of the jurisdiction the authority to make certain changes in the approved budget prior to adoption.The Town Center Development Agency Board of Directors may adjust expenditures as long as the increase in a fund does not exceed 10%of the total fund expenditures.If the Town Center Development Agency Board of Directors approves the budget with the staff recommended technical adjustment,then the total requirements will be$21,370,301,including appropriations of$16,158,000 with the remaining$5,212,301 comprising the agency's reserve for future expenditures. This technical adjustment does not increase expenditures by over 10%in any fund. ALTERNATIVES&RECOMMENDATION By Oregon law,the FY 2023 budget must be adopted by the Town Center Development Agency Board of Directors prior to July 1,2022. ADDITIONAL RESOURCES Attachments TCDA FY23 Budget Resolution FY23 Technical Adjustment_Summary_TCDA Exhibit A-Schedule of Appropriations_TCDA CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 22- A RESOLUTION ADOPTING THE FISCAL YEAR 2022-2023 BUDGET, WITH ADJUSTMENTS, MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES. WHEREAS, one hearing by the Town Center Development Agency Budget Committee on the budget document, as proposed by the Executive Director,was duly called and held on April 23,2022 and May 2, 2022, where all interested persons were afforded an opportunity to appear and be heard with respect to the budget; and WHEREAS, the budget for the Town Center Development Agency for the year beginning July 1, 2022 was duly approved and recommended to the Town Center Development Agency Board of Directors by the regularly constituted Budget Committee at its meeting on May 2, 2022, after proceedings in accordance with Chapter 294, Oregon Revised Statutes ;and WHEREAS, a summary of the budget as required by Chapter 294.438 was duly published in the Tigard Times, a newspaper of general circulation in the city in accordance with Chapter 294.448;and WHEREAS, a hearing by the Town Center Development Agency Board of Directors on the budget document as approved by the Budget Committee, was duly called and held on June 7, 2022, where all interested persons were afforded an opportunity to appear and be heard with respect to the budget. NOW, THEREFORE, BE IT RESOLVED by the Town Center Development Agency Board of Directors that: SECTION 1: The Town Center Development Agency Board of Directors adopts the budget for FY 2022- 23 as approved by Town Center Development Agency Board of Directors following the budget hearing on June 7,2022. SECTION 2: The amounts appropriated for each fund for the fiscal year beginning July 1,2022, are shown on the attached— Exhibit A Schedule of Appropriations as approved by Budget Committee on May 2, 2022 with adjustments made by Town Center Development Agency Board of Directors during the hearing on June 7,2022. SECTION 3: The Town Center Development Agency Board of Directors certifies to the county assessor of the County of Washington, Oregon a request for the maximum amount of revenue that may be raised by dividing the taxes under Section 1c,Articles IX of the Oregon Constitution and ORS Chapter 457. SECTION 4: This resolution is effective immediately upon passage, PASSED: This day of 2022. Chair—City of Tigard Town Center Development Agency A 1`1'EST: City Recorder-City of Tigard Town Center Development Agency RESOLUTION NO. 22- Page 1 TOWN CENTER DEVELOPMENT AGENCY - BUDGET TECHNICAL ADJUSTMENTS FY 2022-2023 Item # Department Fund Division Request Title Request Funding Total Amount Detailed Description Source FY23TCDA0 Community 940-City Center 9000-Urban Renewal City Center Building Improvement CARRYFORWA Unanticipated $ 45,000'Carry forward $45,000 in unspent funds from FY 21-22 TCDA Budget for the City Center Building Improvement Program to fund two 1 Development Capital Improvements Program Carryforward RD Fund Balance matching grants for facade/tenant improvements that were approved in FY21-22, but not completed. Total $ 45,000 1 of 1 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted City Center Debt Service Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 540,000 0 540,000 0 540,000 Loan to CCDA 0 0 0 0 0 Transfer 349,500 0 349,500 0 349,500 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 889,500 0 889,500 0 889,500 Tigard Triangle Debt Service Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 700,000 0 700,000 0 700,000 Loan to CCDA 0 0 0 0 0 Transfer 1,719,500 0 1,719,500 0 1,719,500 Capital Improvements 0 0 0 0 0 Contingency 0 0 0 0 0 2,419,500 0 2,419,500 0 2,419,500 City Center Capital Improvements Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to CCDA 0 0 0 0 0 Transfer 0 0 0 0 0 Capital Improvements 6,077,000 200,000 6,277,000 0 6,277,000 Contingency 0 0 0 0 0 TCDA 349,500 0 349,500 45,000 394,500 6,426,500 200,000 6,626,500 45,000 6,671,500 EXHIBIT A - SCHEDULE OF APPROPRIATIONS Budget Committee Council Fund Program Proposed Changes Approved Changes Adopted Tigard Triangle Capital Improvement Fund Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 0 0 0 0 0 Loan to CCDA 0 0 0 0 0 Transfer 2,958,000 0 2,958,000 0 2,958,000 Capital Improvements 1,000,000 0 1,000,000 0 1,000,000 Contingency 0 0 0 0 0 TCDA 2,219,500 0 2,219,500 0 2,219,500 6,177,500 0 6,177,500 0 6,177,500 All Funds Policy and Administration 0 0 0 0 0 Community Development 0 0 0 0 0 Community Services 0 0 0 0 0 Public Works 0 0 0 0 0 Debt Service 1,240,000 0 1,240,000 0 1,240,000 Loan to CCDA 0 0 0 0 0 Transfer 5,027,000 0 5,027,000 0 5,027,000 Capital Improvements 7,077,000 200,000 7,277,000 0 7,277,000 Contingency 0 0 0 0 0 TCDA 2,569,000 0 2,569,000 45,000 2,614,000 15,913,000 200,000 16,113,000 45,000 16,158,000 AIS-4935 11. Business Meeting One Meeting Date: 06/07/2022 Length(in minutes): 20 Minutes Agenda Title: City Council,Board and Committee Meetings Authored By: Steve Rymer Presented By: Item Type: Motion Requested Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE For the past two years,the City Council,boards,committees,and commissions have met virtually due to the COVID-19 pandemic. The City Council held its first discussion on meeting formats at its April 19,2022,meeting.Initial guidance was provided by the City Council and the purpose of this discussion is to finalize the format for meetings once concerns with the pandemic lessen. The goal is to ensure all meetings provide a high quality and safe experience for the public and those directly involved in the meetings.For your reference,attached is a meeting matrix that details the expectations for meeting type,City Council participation, team participation,public access,and public comment.For the majority of boards,committees,and commissions,this is an incremental first step in increasing public access.If public demand for additional access and comment opportunities increases,it is recommended that these be reviewed on a case-by-case basis. ACTION REQUESTED Approve recommended City Council,boards,committees,and commission meeting formats. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The City Council first discussed meeting formats at its April 19,2022,meeting. Public Involvement The recommended meeting format is intended to provide the community with multiple ways to access public meetings and provide public comments. Impacts(Community,Budget,Policies and Plans/Strategic Connection) Sufficient resources (teammates,technology) are included in the proposed FY 2023 budget.Any additional meetings requiring Teams video will require an additional teammate at every meeting to ensure a quality experience. ALTERNATIVES&RECOMMENDATION The City Council could decide to revise the recommended meeting formats. ADDITIONAL RESOURCES Attachments Matrix City of Tigard City Council-Boards-Committees-Commissions Meeting Matrix City Council Meetings Date Type Council Team Public Access Public Comment Participation Participation Business @ Hybrid Hybrid In-person Written/Email 1st 2nd 4th 6:30pm (TBD by City *Broadcast In-person Tuesday Manager) Stream Teams—Voice/Video Phone(Listen Only Line) Phone—call-in Study Session In-person In-person In-person None @ 6:30pm Stream (audio only) 3rd Tuesday Phone(Listen Only Line) Workshop @ In-person In-person In-person None 7:00pm *Broadcast Stream Phone(Listen Only Line) *Based on TVCTV schedule Planning Commission and Budget Committee Meetings Commission/Committee Team Public Access Public Comment Participation Participation Hybrid Hybrid In-person Written/Email (TBD by Stream (audio only) In-person Community Phone(Listen Only Line) Teams—Voice/Video Development Phone—call-in Director) All Other Board, Commission, and Committee Meetings Board/Commission/Committee Team Public Access Public Comment Participation Participation TBD by each group Same as board, Options depending on Options depending on commission, format: format: committee In-person Written/Email Phone(Listen Only Line)