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05/02/2022 - PacketPLANNING COMMISSION AGENDA – May 2, 2022 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 City of Tigard Planning Commission Agenda MEETING DATE: May 2, 2022 - 7:00 p.m. MEETING LOCATION: Members Remote via Microsoft Teams Link to virtual hearing online: www.tigard-or.gov/virtualPC Call-in number for public testimony: 503-966-4101 Public testimony call-in time is between 7:00 p.m. and 7:30 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:04 p.m. 5. HOUSING COMPLIANCE PROJECT 7:05 p.m. DEVELOPMENT CODE AMENDMENT (DCA) 2022-00001 ZONING MAP AMENDMENT (ZON) 2022-00001 | Location: Citywide Staff: Senior Planner Schuyler Warren PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC) and the Zoning Map. The focus of the amendments are on: • Amendments to standards and procedures to bring the city into compliance with House Bill 2001 and OAR 660 Division 46; • Amendments to standards and procedures to bring the city into compliance with Senate Bill 458; • Minor changes to middle housing standards to make the code more efficient, clarify ambiguities, and remove unneeded standards in middle housing chapters; • Re-establish the distinction between accessory dwelling units and other additional dwelling units; • General housekeeping to increase consistency and remove redundancies; • Miscellaneous code fixes identified by staff; • Replacing and removing outdated and ineffective regulations; • Streamlining existing processes and procedures; • Addressing minor deficiencies in the code; • Consolidating the number of residential zones from 8 to 5. 6. OTHER BUSINESS 8:05 p.m. 7. ADJOURNMENT 8:15 p.m. May 2, 2022 Page 1 of 5 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 2 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 3 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. V ice May 2, 2022 Page 4 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. Planning Commission May 2, 2022 Housing Compliance Project Legislative Hearing Text and Map Amendments EXHIBIT A The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Procedures Standards Zones Housing Compliance Project •Update standards and procedures to comply with HB2001 •Provide fixes and clarifications based on experience •Implement the requirements of SB458 •Consolidate zones to reduce complexity The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Accessory Dwelling Units •Attached Accessory Dwelling Units now included in Small Form Residential •Detached Accessory Dwelling Units still regulated by Chapter 18.220 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Quads •Retained “four-square” configuration •Removed landscaping requirement •Reduced parking requirement The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Rowhouses •Retained “four-square” configuration •Removed landscaping requirement •Reduced parking requirement The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Split Process for Cottage Clusters / Courtyard Units •Clear and Objective •Plan check at counter •No adjustmentsPath 1 •Limited Discretion •Type II Land UsePath 2 Cottage Cluster or Courtyard Units Proposal The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Development Allowed By Right (No Land Use) •Small Form Residential •Detached Accessory Dwelling Units •Cottage Clusters using clear and objective standards •Courtyard Units using clear and objective standards •Quads •Rowhouses The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 SB458 •Uses an approach modeled on condominium plats for common areas The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Zone Merges Original Zone Acreage New Zone*Standards R-1 32 RA R-2R-2 55 R-3.5 326 RB R-4.5R-4.5 2,520 R-7 1,344 RC R-7 R-12 679 RD R-12 R-25 352 RE R-25R-40 6 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l 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 Schuyler Warren schuylerw@tigard-or.gov 503-718-2437 Thank you. Questions? HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 12 Agenda Item: # 1 Hearing Date: May 2, 2022 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 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 Title s 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 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 12 SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed amendments (Attachments 1 and 2) with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. 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 mid dle 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 wou ld 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 exp erience 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 gen eral. 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. HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 12 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 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 alterna tive 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 C hapter 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. Th e 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. HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 12 Chapter 18.240 Cottage Clusters This chapter is updated to incorporate the requirem ents 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 wit h 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 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 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 t he 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 pro cess 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.” HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 12 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 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, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO’S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities 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 HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 12 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 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 t ypes 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 affordab le 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 rent al 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. HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 12 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, staff finds that the proposed code amendment is consistent with Metro’s Urban Growth Management Functional Plan . TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: 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 staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 12 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. 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 HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 12 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 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 great er 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 standar ds 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, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 11 OF 12 APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.790: Zoning Map and Text Amendments 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 shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed amendment s are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO’s Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City’s implementing ordinances. SECTION V. AGENCY COMMENTS 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 staff response are included in Attachment 3. SECTION VI. PUBLIC COMMENTS No public comments have been received to date. HOUSING COMPLIANCE DCA2022-00001 5/2/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 12 OF 12 ATTACHMENTS: Attachments: 1. Draft Text Amendments – strikethrough with commentary 2. Draft Text Amendments – clean 3. Agency Comments April 24, 2022 PREPARED BY: Schuyler Warren DATE Senior Planner April 24, 2022 APPROVED BY: Tom McGuire DATE Assistant Community Development Director Housing Compliance Code Update Planning Commission Draft – Strikethrough with Commentary May 2, 2022 Commentary General Notes Text shown in strikethrough 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 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. 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. 18.20.020 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. 18.20.030 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. 18.20.040 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 five 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 List of Base Zones Low-density Zones Medium-density Zones Medium-high-density Zones High-density Zones R-1 R-7 R-25 R-40 R-2 R-12 R-3.5 R-4.5 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 [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 Categories 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 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 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 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 [8] A/R A/R A/R A/R A/R Commentary Chapter 18.110 Residential Zones Table 18.110.2 Use Table Use Categories R-1 R-2 R-3.5 R-4.5 R-7 R- 12 R- 25 R-40 Residential Use Category Residential Use A A A A A A A A Civic / Institutional Use Categories Basic Utilities [1] C C C C C C 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] A/C A/C A/C A/C A/C A/C A/C A/C Emergency Services C C C C C P P 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 Commercial Use Categories 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 [4] 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 Use Table Use Categories R-1 R-2 R-3.5 R-4.5 R-7 R- 12 R- 25 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 Industrial Use Categories 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 Wholesale and Equipment Rental P P P P P P P P Other Use Categories Agriculture/Horticulture A[7] A[7] A[7] A[7] A[7] P P P Cemeteries P P C C C 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 C C C C C C C C Wireless Communication Facilities [8] A/R A/R A/R A/R 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 L[1] Y Y Y Quads (18.270) Y Y Y Y N Rowhouses (18.280) L[2] L[2] L[2] 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 Table 18.110.3 Housing Types Housing Types R-1 R-2 R- 3.5 R- 4.5 R-7 R- 12 R- 25 R-40 Detached Dwelling Units Accessory Dwelling Units (18.220) Y Y Y Y Y Y N N Cottage Clusters (18.240) Y Y Y Y Y Y N N Mobile Home Parks (18.260) N N L[1] L[1] Y Y Y Y Single Detached Houses (18.290) Y Y Y Y Y Y N N Attached Dwelling Units Accessory Dwelling Units (18.220) Y Y Y Y Y Y N N Apartments (18.230) N N N N N Y Y Y Courtyard Units (18.250) Y Y Y Y Y Y N N 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. 18.110.050 Densities The maximum and minimum density standards for the housing types listed in Table 18.110.3 are provided in the applicable development standards chapter for each housing type and calculated using the methods in Section 18.40.130. 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 applica ble 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 Approval Process 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. 18.220.040 Approval Criteria 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. 18.220.040050 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, including the units in the small form residential development. single 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. 1. 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. 1. 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 line if the accessory dwelling unit is 15 feet or less in height. 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 buil t 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. GH. Accessory dwelling units in 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, including any portion that remains in use as an accessory structure., subject to the maximum square footage and height restrictions for each, as measured using the method provided in Section 18.40.130. 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-40, 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- AR-1 through RES-CR-7 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. Standard RES-D R-12 RES-E R-25 MUE R-40 MUE-2 and MUR-2 MUR-1 MUC and MUE-1 Minimum Lot Size 3,050 sq ft per unit 1,480 sq ft per unit 1,480 sq ft per unit 0 sq ft 0 sq ft 0 sq ft 0 sq ft Minimum Setbacks (ft) - Front 20 ft 20 ft 20 ft 20 ft 10 ft None 0 ft None 0 ft - Street side 20 ft 20 ft 20 ft 20 ft 10 ft 5 ft None 0 ft - Side 10 ft 10 ft [1] 10 ft [1] 10 ft [1] 0 or 20 ft [2] 0 or 20 ft [2] 0 or 20 ft [2] - Rear 20 ft 20 ft [1] 20 ft [1] 20 ft [1] 0 or 20 ft [2] 0 or 20 ft [2] 0 or 20 ft [2] Maximum Setbacks (ft) - Front None None None None 20 ft 20 ft 20 ft - Street side None None None None 20 ft 20 ft 20 ft Minimum Height None 0 ft None 0 ft None 0 ft None 0 ft None 0 ft 2 stories 2 stories Maximum Height (ft) 35 ft 45 ft 45 ft 60 ft 60 ft 75 ft 200 ft Maximum Lot Coverage 80% 80% 80% 80% 80% 80% 85% Minimum Landscape Area 20% 20% 20% 20% 20% 20% 15% Minimum Density 11 units per acre 23 units per acre None 25 units per acre 50 units per acre 50 units per acre Maximum Density 14 units per acre 30 units per acre 25 units per acre 50 units per acre None None Minimum Density 80% of maximum density None 80% of max. density 25 units per acre 50 units per acre 50 units per acre Maximum Density Calculated using the method provided in 18.40.140 25 units per acre 40 units per acre 50 units per acre None None 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 Size Vehicle Minimum Vehicle Maximum (Zones A and B) Bicycle Minimum 500 sq ft or less 1 space per dwelling unit None 1 space per 2 dwelling units 1 bedroom 1 space per dwelling unit 2 bedroom 1.25 spaces per dwelling 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 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 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 unfinished 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 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. 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 and enhance the livability, walkability, and safety of the community. Cottage cluster development is intended to achieve the following: A. Increase the number of affordable 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 Terrace Plan District, as provided in Chapter 18.640, River Terrace Plan District. 18.240.030 Application Type 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 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 division or lot line adjustment process meets this standard. 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 cottagesdwelling units and a maximum of 12 dwelling units; and 2. One A 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 single street property line;. See Figure 18.240.2. 3. The rectangle area must may not abut more than 40 percent of the length of a single street property line;. and 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. CottagesDwelling units and parking and maneuvering areas are prohibited within the rectangle. Figure 18.240.1 Common Courtyard Relationship to Required 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. Figure 18.240.3 Required Courtyard Frontage for Cottages Figure 18.240.1 Common Courtyard Minimum Size and Location 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. E. Location of cottagesdwelling units. 1. The dwelling units must be arranged around the required common courtyard 2. A minimum of two cottagesdwelling units in each development must have all points along one facade of each cottage located entirely be within 20 feet of the same a street property line. F. Configuration of cottagesdwelling units. All cottagesdwelling 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 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 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 of the 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 cottagedwelling 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 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 from a property line along an alley. b. Off-street parking spaces mustmay not be located within a minimum of 10 feet from of any other 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. ce. All Off-street parking space groups areas, including garages, must be separated by a minimum of 5 10 feet on all sides from all other parking space groups.areas, parking structures, and cottagesdwelling 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 the S-4 standard and 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. 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 18.240.4 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. H. Pedestrian access. An accessible path a minimum of 5 feet in width must be provided that connects the main entrance of each cottagedwelling unit to the following areas: 1. AllAt least one parking space group areas on the lot, and 2. The common courtyard rectangle, and 23. 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 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. 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, andThe 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 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. 18.240.060 Design Standards 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 is 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 units in a development must not exceed 1,000 1,100 square feet. BM. Height. The maximum height of cottages dwelling units is 3525 feet. CN. Entrances. A minimum of 75 percent of the cottagesdwelling units in a development must have their main 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. 18.240.070 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 or rear setback provided they are a minimum of 5 feet from the side and rear property lines. 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. 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 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 th at 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. Figure 18.240.7 Common Courtyard Width at Street Property Line 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 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 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 Commentary Chapter 18.240 Cottage Clusters Parking structures are allowed in the alternative pathway. 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 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. 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.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 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. 18.240.090 Pre-existing Structures 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 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. 18.240.100 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 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. developments with more than 12 cottages on a lot may include one additional accessory structure of 528 square feet. 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 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; and 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 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. 18.250.020 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 adjustment process that brings the lot into conformance with the standards for development of other housing types. A courtyard unit development deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. 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 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 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 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 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 single 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 Figure 18.250.1 Common Courtyard Minimum Size and Location Commentary Chapter 18.250 Courtyard Units The graphic has been updated to be easier to read. 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 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. Commentary Chapter 18.250 Courtyard Units 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 miniman 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 of the 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 along an alley. b. Off-street parking spaces must may not be located within a minimum of 10 feet from of 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. cd. All Off-street parking space groups areas, including parking structures, must be separated by a minimum of 5 10 feet on all sides from all other parking space groups 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. 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-4 standard, as provided in Table 18.420.2. The required screening must be provided on the same site as the development. 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 18.250.3 Parking Grouping and Separation Commentary Chapter 18.250 Courtyard Units Clarifying the standard. Clarifying the standard. Language has been added to clarify how parking requirements are rounded. 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. 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. AllAt 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 [PLACEHOLDER] 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 Commentary Chapter 18.250 Courtyard Units 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. To be added before adoption. Updated to bring consistency with cottage clusters and remove any discretionary standards. 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, andThe 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 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. 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 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 screening requirements of Paragraphs 18.240.050.G.5 and 18.240.050.K.2. 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. 18.250.060 Design Standards LA. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,100 1,200 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 900 1,000 square feet. MB. Height. The maximum height of a courtyard unit building is 18 feet. 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. NC. 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 18.250.35. 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 18.250.35 Facade Length Within Required Front Setbacks 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 Commentary Chapter 18.250 Courtyard Units The entrance standards are updated to be more clear and objective. Adding window standards to match those applied to small form residential. 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 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 the 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. Commentary Chapter 18.250 Courtyard Units 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. Where more than one courtyard is required or proposed, the primary courtyard must meet certain frontage and area standards. Figure 18.250.6 Common Courtyard Measurement [PLACEHOLDER] Figure 18.240.7 Common Courtyard Width at Street Property Line [PLACEHOLDER] 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 arrange adjacent to or around at least one courtyard. See Figure 18.250.8. Figure 18.250.8 Possible Configurations and Locations of Dwelling Units G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service, this parking Commentary Chapter 18.250 Courtyard Units This graphic will show how the common courtyard area is measured. Areas behind the courtyard-facing facade of each unit may not be included. To be added before adoption. This graphic will show the frontage requirement for the primary courtyard. To be added before adoption. 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 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. 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 Commentary Chapter 18.250 Courtyard Units Parking structures are allowed in the alternative pathway. 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: Commentary Chapter 18.250 Courtyard Units The more discretionary landscape standards have been applied in the alternative pathway. 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 18.250.050.G.5 and 18.250.050.K.2. 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. 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 Commentary Chapter 18.250 Courtyard Units There is an intent to allow discretionary review of service area placement to minimize impacts to neighboring properties and maximize neighborhood compatibility. 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. 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 the 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 may include one additional accessory structure of 528 square feet. B. The maximum height of accessory structures is 15 feet. C. Accessory structures are prohibited within the required front setback. DC. 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 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. 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. Optional alternative standards are also provided for quad development. 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. Quads are a type of attached housing with two dwelling units side-by-side on the first story and two 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 Terrace Plan District, as provided in Chapter 18.640, River Terrace Plan District. 18.270.030 Application Type Compliance Quad development must comply with the clear and objective standards of Section 18.270.040 and all other applicable standards of this title. Quad development requires a site development review application. 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. 18.270.040 General Provisions 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. Density. 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-B RES-C and RES-D MUR-1 and 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 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. Maximum Lot Coverage 80% 80% 80% Minimum Landscape Area 20% 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. EF. 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 4 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, this 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-B RES-C RES-D MUR-1 and MUR-2 Minimum off-street parking spaces 4 3 2 None Maximum off-street parking spaces 5 4 4 4 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: 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. a. The maximum size is 750 square feet; and b. The maximum height is 15 feet. 5. Screening. Off-street parking areas not in structures must be screened from the street to the S-4 standard, as provided in Table 18.420.2. 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. H. Landscaping. The standards and provisions of Sections 18.420.030 and 18.420.040, in addition 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 18.420.1. 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 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. I. Fencing. 1. A fence at least 6 feet in height must be provided at the rear and side property lines, 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. 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. 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. Table 18.270.1 Development Standards for Quads Standard R-1, R-2 and R-3.5 R-4.5 R-7 R-12 Minimum Lot Size 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 65 ft 50 ft 50 ft None Minimum Setbacks - Front 15 ft 15 ft 15 ft 15 ft - Street side 15 ft 15 ft 10 ft 10 ft - Side 5 ft 5 ft 5 ft 5 ft - Rear 15 ft 15 ft 15 ft 15 ft Maximum Setbacks - Front 20 ft 20 ft 20 ft 20 ft - Street side 20 ft 20 ft 15 ft 15 ft Maximum Height 30 ft 30 ft 35 ft 35 ft Maximum Lot Coverage 70% 75% 80% 80% Minimum Landscape Area 30% 25% 20% 20% 18.270.060 Design Standards HA. Floor area. The maximum square footage of each dwelling unit within a quad development is 1,000 square feet. B. Height. Maximum heights are provided in Table 18.270.1. IC. Entrances. At least one main entrance to the quad must be either parallel to or offset no more than 45 degrees from face a street property line. JD. Exterior staircases. Exterior staircases to the second story of a quad are prohibited. KE. 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 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. 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. 18.270.050070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 528 300 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-4.5 zones. In lieu of specific base zone standards, rowhouse development in these zones is subject to the R-7 zone standards. BC. 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 General Provisions 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 division or lot line adjustment process that brings the lot into conformance with the standards for 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. 18.280.040050 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. Density. 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-B RES-C and RES-D RES-E MUR-1 MUR-2 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 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% [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. 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 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 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. EF. 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. G. Landscaping. The provisions and standards of Chapter 18.420, Landscaping and Screening do not apply to rowhouse development, with the exception of Sections 18.420.030 and 18.420.040. The following additional standards also apply: 1. The minimum landscape area standards are provided in Table 18.280.1. All required landscape areas must meet the L-1 standard, as provided in Table 18.420.1. 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 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 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. H. 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 18.280.1 Development Standards for Rowhouses Standard R-7 R-12 R-25 MUR-1 MUR-2 Minimum Lot Size 5,000 sq ft per unit 2,500 sq ft per unit 1,500 sq ft per unit Minimum and maximum lot size are determined by minimum and maximum density. Maximum Lot Size 5,500 sq ft per unit 2,750 sq ft per unit 1,750 sq ft per unit Minimum Lot Width 20 ft 20 ft 20 ft 16 ft 16 ft Minimum Setbacks - Front 15 ft 15 ft 15 ft 0 ft 10 ft - Street side 10 ft 10 ft 10 ft 5 ft 10 ft - Side [1] 5 ft 5 ft 5 ft 5 ft 5 ft - Rear [2] 15 ft 15 ft 15 ft 15 ft 15 ft Maximum Setbacks - Front 20 ft 20 ft 20 ft 20 ft 20 ft - Street side 20 ft 20 ft 20 ft 20 ft 20 ft Maximum Height 35 ft 35 ft 45 ft 75 ft 45 ft Minimum Landscape Area 20% 20% 20% 20% 20% Minimum Density Minimum and maximum density are determined by minimum and maximum lot size. 50 units per acre 25 units per acre Maximum Density None 50 units per acre [1] This standard does not apply to a common wall lot line where the dwelling units are attached. [2] There is no rear setback when the rear property line abuts an alley. 18.280.060 Design Standards A. Height. Maximum heights are provided in Table 18.280.1. FB. 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 project extends from the facade a minimum of 2 feet from the facade, or 4. An facade that is offset of the facade of a minimum of 2 feet in depth from the neighboring dwelling unit. GC. 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. HD. 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 m ain 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. IE. 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. JF. Exterior staircases. Exterior staircases to any story above the first story of a rowhouse are not allowed. KG. Windows. A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door, other than a garage door, that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. 18.280.050070 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 SINGLE DETACHED HOUSES 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 development is intended to provide a desired housing type for individual households. It is one piece of a 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 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. 18.290.040030 Clear and Objective Development 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 single detached houses small form residential development are provided in Table 18.290.1. Table 18.290.1 Development Standards for Small Form ResidentialSingle Detached Houses Standard R-1 RES-A R-2 R-3.5 RES-B R-4.5 RES-C R-7 RES-D and RES-E R-12 and R-25 [1] MUC-1 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 sq ft 20,000 sq ft 10,000 sq ft 7,500 sq ft 5,000 sq ft 3,050 sq ft 0 sq ft Minimum Lot Width 100 ft 100 ft 65 ft 50 ft 50 ft 0 ft 0 ft Minimum Setbacks (ft) - Front 30 ft 20 30 ft 20 ft 15 20 ft 10 15 ft 10 15 ft 0 ft [2] - Street side 20 ft 20 ft 20 ft 15 ft 10 ft 10 ft 0 ft [2] - Side 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 0 ft - Rear 25 ft 25 ft 15 ft 15 ft 15 ft 15 ft 0 ft - Garage [3] 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft Maximum Height 30 ft 30 ft 30 ft 30 ft 35 ft 35 ft 70 ft Maximum Lot Coverage None None 80% None None 80% 80% 80% 90% Minimum Landscape Area [4] None None 20% None None 20% 20% 20% 10% Minimum Density 80% of maximum density 25 units per acre Maximum Density Calculated using the method provided in 18.40.130 50 units 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-25 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 Single detached house 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. 18.290.040 Design Standards 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 doors 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. 21. 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. EC. 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 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. l. 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. 18.290.060050 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 Section Review Type ADU Accessory Dwelling Unit 18.220 I MIS Adequate Public Facilities Exception (inside River Terrace) 18.640 II ADJ Adjustment - Inside River Terrace Plan District - Inside Downtown Tigard Plan District - Inside TMU zone - Citywide 18.640 18.650 18.660 18.715 II 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 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 MMD Modification - Minor - Major 18.765 I 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 UFR Urban Forestry Plan Modification or Discretionary Review 18.420 I, III-HO, III- PC ZON Zoning Map Amendment - Quasi-Judicial (site specific) - Legislative (citywide) 18.790 III-PC, III-Modified, 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 l. 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 final 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 final; 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 final 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 recommendation by Planning Commission None/Land Use Board of Appeals Legislative City Council, with initial hearing and recommendation by Planning Commission None/Land Use Board of Appeals [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. 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 II-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 18.710.110100. 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 18.710.080070, except that the approval authority may remand the decision to the recommending body. 18.710.100090 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 18.710.110100. 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 18.710.110100.A.4.a or by leaving the record open for additional written evidence or testimony as provided in Subparagraph 18.710.110100.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 18.710.110100.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. 18.710.120110 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. 18.710.130120 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 types of development, except as provided in Subsections 18.780.020.B and C below: 1. Apartments, 2. Cottage clusters, 3. Courtyard units, 4. 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 as 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 18.910, 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. 18.805.0 20 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. 18.805.0 30 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 Standard RES-A RES-B RES-C RES-D RES-E MU-CBD MUC MUC-1 MUE MUE-1 and MUE-2 MUR-1 MUR-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 Courtyard Unit 25,999 25,999 25,999 25,999 25,999 25,999 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 None None Courtyard Unit 75 50 50 50 None None Quad 75 50 50 None None None Rowhouse 25 25 20 None 20 None 16 16 16 Small Form Residential 100 50 50 None 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. 18.805.0 30 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 Standard C-N C-C C-G C-P MUE MUE-2 MUR- 2 MUR-1 MUC MUE- 1 I-P I-L I-H Minimum Lot Size (sq. ft.) 5,000 None 6,000 None None None None None None None Minimum Lot Width (ft.) 50 50 50 50 None None None 50 50 50 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 18.20.050040.G. 18.820.030 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: A1. 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. B3. 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 40 feet and is measured as provided in Section 18.40.080. c. The minimum lot size is met. The minimum lot size for residential and nonresidential development is provided in the applicable development standards chapter 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 Standards. In the case of a flag lot, the access is not included in the lot area calculation as described in Section 18.40.080. 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 18.40.060.C. e. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: 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 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. 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, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the lot line adjustment or consolidation application. This 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. 4. 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. D5. 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. 18.810.050040 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 t ype 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—Preliminary Plat 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 are 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 Standards. In the case of a flag lot, the minimum lot width and depth is 40 feet and is measured as provided in Section 18.40.080. 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 Development Standards or 18.300 Nonresidential Development Standards. In the case of a flag lot, the flag pole is not included in the lot area calculation as described in Section 18.40.080. 4. 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 18.40.060.C. 5. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: 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 feet of frontage on a public or private right-of-way as measured along the arc of the front 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 nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 7. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the partition application. This deed restriction cannot be removed except through another land division process. 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 side 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. F. 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 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. 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, regulations, and standards governing 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; and 2. The final 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. DE. Minimize flood damage. All subdivision proposals must be consistent with the need to minimize flood damage. EF. 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. FG. 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. GH. 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. IK. 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. A. Approval 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 with an application for a planned development, as provided in Chapter 18.770, Planned Developments. B. Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050040.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 A1. The proposed preliminary plat must comply complies with all the applicable standards and provisions of this title and the Tigard Municipal Code zoning ordinance and other 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 standards 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. 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 18.40.060.C. c. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: 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, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another land division process. C3. The proposed plat name is not duplicative and satisfies the provisions of ORS Chapter 92; D4. The streets and roads are 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 E5. An explanation has 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 Zero Lot Line Development A. Applicability. Zero lot line development regulations only apply to single detached houses in the R-4.5 and R-7 zones. 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 4. 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. 18.830.050060 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 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. 18.830.060070 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 S tate 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. 18.830.070080 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. 18.830.080090 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. 18.840.0 30 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 lots 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. 18.840.0 40 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 18.20.040.G. 18.840.0 50 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 façade 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. 3. 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. A. The proposed plat name must not be duplicative. Figure 18.810.1 [PLACEHOLDER] 18.840.0 60 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 such 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. 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. 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-4.5, 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-A2 RES-A R-2 Residential-3.5 R-3.5 Residential-B4.5 RES-B R-4.5 Commentary Omnibus Amendments The zones list is updated to incorporate the zone consolidation. Table 18.10.1 Base Zones Zone Name Zone Abbreviation Residential-C7 RES-C R-7 Residential-D12 RES-D R-12 Residential-E25 RES-E R-25 Residential-40 R-40 Commercial Zones 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 · Zero Lot Line Commentary Omnibus Amendments 18.30.020 Definitions D. “D” definitions. 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 one 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;, or 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 as provided in the Oregon Administrative Rules Chapter 660. 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. l. “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 does not include mobile 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. homes, detached accessory dwelling units, or dwelling units in cottage cluster, courtyard unit, quad, or rowhouse developments. l. “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 tract, 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. r. “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. wu. “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. 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 edge of the nearest right-of-way where fixed-route public 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. 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. 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. 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 18.40.13. 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 averaged. For example, only garage entrance setbacks may be used to average a garage entrance setback, and only deck setbacks may be used to average a deck setback. 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. 3. When one abutting lot is vacant or if the lot is a corner lot, then the average is of the setback of the occupied lot and the required setback for the base zone. Figure 18.40.13 Setback Averaging 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. Calculating maximum number of residential units Residential density for apartments and single 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 development. The minimum number of residential units per net acre is calculated by multiplying the maximum number of units determined in Subsection 18.40.130.A by 80 percent. 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. 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 the 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. 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 form residential development single detached houses destroyed by accident. If a nonconforming small form residential development single detached house is partially or totally destroyed by accident, such as by fire or earthquake, reconstruction is allowed; and 18.120.030 Land Use Standards Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards Use Categories C - N [1 ] C - C [1 ] C - G C - P M U- CB D [2] M U E M U C- 1 M U C M U E 1 an d 2 M U R 1 an d 2 Residential Use Category Residential Use R [3 ] R [3 ] R [3 ,4 ] P A A A A A A Civic / Institutional Use Categories Basic Utilities [5] A / C A / C A /C A / C A / C A/ C A/ C A/ C A/ C A/ C Colleges P P P P A C C C C C Community Services A A P P A C P A C C Cultural Institutions A A A A A A A A A P Day Care A A A A A A A A A A/ C [6] Emergency Services A A A A A A A A A P Medical Centers C C C C C C C C C C Postal Service A A A A A A A A A P Religious Institutions A A A A A A A A A C Schools P P P P A C C C C C Social/Fraternal Clubs/Lodges A A A A A A A A A C Temporary Shelter P P C P C P C C C C Commercial Use Categories Adult Entertainment P P C P P P P C P P Animal-Related Commercial P P P P P A A P P P Bulk Sales P P A P A /P [7 ] A R [8] R [9] R [9] P Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards Use Categories C - N [1 ] C - C [1 ] C - G C - P M U- CB D [2] M U E M U C- 1 M U C M U E 1 an d 2 M U R 1 an d 2 Commercial Lodging P P A A A A A A A P Custom Arts and Crafts R [1 0] R [1 0] P P R [1 0] P P P P P Eating and Drinking Establishments A A A R [1 1] A A A A A R [1 2] Indoor Entertainment A A A A A A A A A P Major Event Entertainment P P C P C P C C P P Motor Vehicle Sales/Rental P P A /C [1 3] P A /P [7 ] P P R [1 4] R [1 4] P Motor Vehicle Servicing/Repair [15] C [1 6] C [1 6] A P C R [8] R [8] P P P Non-Accessory Parking C C A A A A A A A P Office A A A A A A A A A R [1 2] Outdoor Entertainment P P A A C P P C P P Outdoor Sales P P A P P P P P P P Personal Services A A A A A A R [8] A R [9] R [1 2] Repair-Oriented Retail A A A A A A R [8] R [9] R [9] P Sales-Oriented Retail A A A R [1 1] A / R A/ R R [8] A R [9] R [1 2] Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards Use Categories C - N [1 ] C - C [1 ] C - G C - P M U- CB D [2] M U E M U C- 1 M U C M U E 1 an d 2 M U R 1 an d 2 [1 7] [1 8] Self-Service Storage P P C P A /P [7 ] P P P P P Vehicle Fuel Sales C C C P A /P [7 ] P C C C P Industrial Use Categories General Industrial P P P P P P P P P P Heavy Industrial P P P P P P P P P P Industrial Services P P P P P P P P P P Light Industrial P P P P P R [1 5] P P R [1 5] P Railroad Yards P P P P P P P P P P Research and Development P P P P C R [1 4] R [14 ] P R [1 5] P Warehouse/Freight Movement P P P P P R [1 4] P P R [1 4, 15 ] P Waste-Related P P P P P P P P P P Wholesale and Equipment Rental P P P P P P P P R [1 4, P Commentary Omnibus Amendments Table 18.120.1 Commercial Zone Use Standards Use Categories C - N [1 ] C - C [1 ] C - G C - P M U- CB D [2] M U E M U C- 1 M U C M U E 1 an d 2 M U R 1 an d 2 15 ] Other Use Categories Agriculture/Horticulture P P P P P P P P P P Cemeteries P P P P P P P P P P Detention Facilities P P C P C P P P P P Heliports P P C C P P P P P P Mining P P P P P P P P P P Transportation/Utility Corridors A A A A A A A A A A Wireless Communication Facilities [19] A / R A / R A /R A / R A / R A/ R A/ R A/ R A/ R A/ 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 comm ercial 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. Commentary Omnibus Amendments [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 e ach 4 square feet of floor area occupied or designed for an allowed use other than a Sales-Oriented Retail use. [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 Commercial Zone Housing Types Housing Types C-G MU- CBD MUE MUC-1 MUC MUE 1 and 2 MUR 1 and 2 Detached Dwelling Units Accessory Dwelling Units (18.220) N N N N Y L[1] L[1] L[1] Cottage Clusters (18.240) N N N N N N Y Mobile Home Parks (18.260) N L[2] N Y L[3] L[3] L[3] Single Detached Houses (18.290) L[4] N L[5] Y L[3] L[3] L[3] Attached Dwelling Units Accessory Dwelling Units (18.220) N N N Y L[1] L[1] L[1] Apartments (18.230) N Y Y Y Y Y Y Cottage Clusters (18.240) N N N N N N Y Courtyard Units (18.250) N N N N N N Y Mobile Home Parks (18.260) N L[2] N Y L[3] L[3] L[3] 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 (18.290) L[4] N L[5] N L[3] L[3] L[3] Commentary Omnibus Amendments Removing reference to tiny houses as it is no longer needed. Updating table to simplify it. 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 single 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. [5] Pre-existing small form residential single detached houses and rowhouses are allowed. All new small form residential single detached houses and rowhouses are prohibited. 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 Standard C-N and C- C C-G C-P MUE MUE-2 and MUR- 2 [1] MUR-1 [1] MUC and MUE-1 [1] Minimum Lot Size 5,000 sq ft 0 sq ft 6,000 sq ft 0 sq ft 0 sq ft 0 sq ft 0 sq ft Minimum Lot Width 50 ft 50 ft 50 ft 50 ft 0 ft 0 ft 0 ft Minimum Setback (ft) - Front None 0 ft None 0 ft None 0 ft None 0 ft 10 ft None 0 ft None 0 ft - Street side None 0 ft None 0 ft None 0 ft None 0 ft 10 ft 5 ft None 0 ft - Side 0 or 20 ft [2] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] Commentary Omnibus Amendments Lot standards moved to new Chapter 18.805. - Rear 0 or 20 ft [2] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] 0 or 20 ft [3] Maximum Setback (ft) - Front 20 ft None or 10 ft [4] None None 20 ft 20 ft 20 ft - Street side 20 ft None or 10 ft [4] None None 20 ft 20 ft 20 ft Minimum Height (ft) None 0 ft None 0 ft None 0 ft None 0 ft None 0 ft 2 stories 2 stories Maximum Height (ft) 35 ft 45 ft 45 ft 45 ft 60 ft 75 ft 200 ft Maximum Lot Coverage 85% 85% 85% 80% 80% 80% 85% 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 I-P I-L I-H Minimum Lot Width 50 ft 50 ft 50 ft Minimum Setbacks (ft) - Front 35 ft 30 ft 30 ft - Street side 20 ft 20 ft 20 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 - Side [1] None 0 ft None 0 ft None 0 ft - Rear [1] None 0 ft None 0 ft None 0 ft Maximum Height (ft) 45 ft 45 ft 45 ft 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-4.5, 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. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Residential Use Categories Category Group Living Residential Use See applicable housing type development standards chapter in 18.200. The residential component of a mixed-use development must use the parking requirements for apartments. Household Living Civic/Institutional Use Categories Basic Utilities None None None None Colleges 1.0/5 students/staff 1.0/3.3 students/staff 1.0/3.3 students/staff 1.0/3.0 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 Commercial: 2.0/classroom Home: None Commercial: 2.7/1,000 Home: None Commercial: 3.2/1,000 Home: None Commercial: 1.5/classroom Emergency Services 3.0/1,000 3.5/1,000 4.5/1,000 0.5/1,000 Medical Centers 2.0/1,000 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 main assembly area 1.0/1.7 seats in main assembly area 1.0/1.3 seats in main assembly area 1.0/20 seats in main assembly area Schools Preschool: 5.0 + 1.0/classroom Elementary/JR: 2.0/classroom Preschool: 7.0 + 1.0/classroom Elementary/JR: 2.5/classroom Preschool: 0.0 + 1.0/classroom Elementary/JR: 3.5/classroom Preschool: 1.0/classroom Elementary/JR: 6.0/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. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum SR: 1.0/5 students/staff SR: 1.0/3.3 students/staff SR: 1.0/3.3 students/staff Social/Fraternal Clubs/Lodges 10.0/1,000 main assembly area 12.0/1,000 main assembly area 14.0/1,000 main assembly area 2.0/1,000 main assembly area Temporary Shelter 1.0/2.5 beds None None 1.0/5 beds Commercial Use Categories Adult Entertainment 2.5/1,000 1.0/3 seats 3.5/1,000 1.0/1.25 seats 4.5/1,000 1.0/2 seats 0.5/1,000 1.0/20 seats Animal-Related Commercial 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Bulk Sales 1.0/1,000 but no less than 10 1.3/1,000 2.0/1,000 0.3/1,000 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 Establishments [2] Fast food: 7.0/1,000 Other: 9.0/1,000 Fast food: 12.4/1,000 Other: 19.1/1,000 Fast food: 14.9/1,000 Other: 23.0/1,000 All: 1.0/1,000 Indoor Entertainment 4.3/1,000 Theater: 1.0/3 seats 5.4/1,000 Theater: 1.0/2.5 seats 6.5/1,000 Theater: 1.0/2 seats 0.5/1,000 Theater: 1.0/10 seats Major Event Entertainment 1.0/3 seats or 1.0/6 ft of bench 1.0/2.5 seats or 1.0/5 ft of bench 1.0/2 seats or 1.0/4 ft of bench 1.0/10 seats or 40 ft of bench Motor Vehicle Sales/Rental 1.0/1,000 but no less than 4 1.3/1,000 but no less than 4 2.0/1,000 but no less than 4 0.2/1,000 sales area 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. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Motor Vehicle Servicing/Repair 2.0/1,000 but no less than 4 2.3/1,000 but no less than 4 2.6/1,000 but no less than 4 0.2/1,000 Non-Accessory Parking None None None None Office Non-medical: 2.7/1,000 Medical: 3.9/1,000 Non-medical: 3.4/1,000 Medical: 4.9/1,000 Non-medical: 4.1/1,000 Medical: 5.9/1,000 Non-medical: 0.5/1,000 Medical: 0.4/1,000 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 area 1.3/1,000 sales area 2.0/1,000 sales area 0.1/1,000 sales area Personal Services 2.5/1,000 Bank with drive- through: 3.0/1,000 3.0/1,000 Bank with drive- through: 5.4/1,000 4.5/1,000 Bank with drive- through: 6.5/1,000 All: 1.0/1,000 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 units 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Vehicle Fuel Sales 3.0 + 2.0/service bay 4.0 + 2.0/service bay 4.0 + 2.5/service bay 0.2/1,000 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. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Railroad Yards None None None None Research and Development 2.0/1,000 3.0/1,000 3.8/1,000 0.5/1,000 Warehouse/Freight Movement <150,000 sq ft: 0.5/1,000 >150,000 sq ft: 0.3/1,000 <150,000 sq ft: 0.8/1,000 >150,000 sq ft: 0.4/1,000 <150,000 sq ft: 1.2/1,000 <150,000 sq ft: 0.5/1,000 All: 0.1/1,000 Waste-Related 5.0 7.0 10.0 None Wholesale Sales 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Other Use Categories Agriculture/Horticulture 2.5/1,000 sales area but no less than 4 None None None 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 Communication Facilities None None None None Transportation/Utility Corridors None None None None [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 18.710.080070, 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-1, R-2, R-3.5, R-4.5, 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-40 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 18.20.050040.G. 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-40 subject to the following limitations: 18.520.060 Flexible Standards A. Minimum residential density. The minimum density required for apartments, 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 S ection 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 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 Form Residential Min. Lot Size) Detached Sq. Ft. Percent Tree Grove Canopy Preserved /Min. Lot or Unit Area Attached Sq. Ft. Percent Tree Grove Canopy Preserved/Min. Lot or Unit Area Duplex Percent Tree Grove Canopy Preserved/Min. Lot or Unit Area Multifamily Percent Tree Grove Canopy Preserved/Min. Unit Area R-1 (30,000 sq ft per unit) 25-49%/22,500 sq ft 50-74%/15,000 sq ft 75-100%/7,500 sq ft Not Allowed Not Allowed Not Allowed RES-A R-2 (20,000 sq ft per unit) 25-49%/15,000 sq ft 50-74%/10,000 sq ft 75-100%/5,000 sq ft Allowed with 75% or greater tree grove canopy preservation/5,000 sq ft Not Allowed Not Allowed R-3.5 (10,000 sq ft per unit) 25-49%/7,500 sq ft 50-74%/5,000 sq ft 75-100%/2,500 sq ft Allowed with 75% or greater tree grove canopy preservation 2,500 sq ft Allowed with 75% or greater tree grove canopy preservation /5,000 sq ft Not Allowed RES-B R-4.5 (7,500 sq ft per unit) 25-49%/5,625 sq ft 50-74%/3,750 sq ft 75-100%/1,875 sq ft Allowed with 75% or greater tree grove canopy preservation/1,875 sq ft Allowed with 75% or greater tree grove canopy preservation /3,750 sq ft Not Allowed RES-C R-7 (5,000 sq ft per unit) 25-49%/3,750 sq ft 50-74%/2,500 sq ft 75-100%/1,250 sq ft Allowed with 75% or greater tree grove canopy preservation /1,250 sq ft Allowed with 75% or greater tree grove canopy preservation /2,500 sq ft Not Allowed RES-D R-12 (3,050 sq ft per unit) Apartment and small form residentialsingle detached house transfer allowed at the following densities: 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 (1,480 sq ft per unit) Apartment and small form residential single detached house transfer allowed at the following densities: 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-40 (None) Apartments and single detached houses allowed with no upper density limit. 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-40 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 single detached houses, 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 single detached house and rowhouse development. B. Building placement and design. 1. 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 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 Houses, 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 single detached house 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, 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 single 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 house 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 house lots 4,500 sf 40 ft RES-C R-7 Zone Small form residential Single detached house lots 3,500 sf 35 ft 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 house and rowhouse lots 2,500 sf [1] NA [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 single detached houses and rowhouses. The following design standards apply to small form residential single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290, 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 single 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 single 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 Standard Sub-Areas Main Street (MS) 99W/Hall Corridor (99H) Scoffins/Commercial (SC) Fanno/Burnham (FB) Minimum Lot Size None None None None Minimum Lot Width None None None None Minimum Setbacks - Front 0 ft. 0/5 ft. (5 ft. for frontage on 99W) 0 ft. 0 ft. - 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 10 ft. 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 Area [3] 0% 10% 10% 20% Minimum Building Frontage 50% 50% 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 Secti on 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 18.710.100090 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 development a single detached house · Addition to an accessory building associated with small form residential development a single detached house that results in a building less than or equal to 528 square feet in size, or Exempt from all site and building design standards in Sections 18.660.070 and 18.660.080 except: except: · Minimum building setbacks (18.660.070.B) · Driveways (18.660.070.G) · 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 located more than 35 feet away from all street property lines. Subject to all applicable standards in Sections 18.660.060 and 18.660.090. · 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 form residential development a single detached house and less than or equal to 528 square feet in size, or · New building located partially or completely behind an existing building and more than 35 feet away from all street property lines. Exempt from all site and building design standards in Sections 18.660.070 and 18.660.080 except: except: · Minimum building setbacks (18.660.070.B) · Driveways (18.660.070.G) · 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 developmentsingle detached houses, must be 20 feet or less in width on all streets, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets 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 Every 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 18.710.090080. 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 Designation City of Tigard Zoning City of Tigard Zone NamePlan Designation R-5 Res. 5 units per acre RES-B R-4.5 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-25 Residential-E Medium-high- density residential Office Commercial (OC) C-P Professional/Administrative Commercial Neighborhood Commercial (NC) C-N Neighborhood Commercial General Commercial (GC) C-G General Commercial Industrial (IND) I-L Light Industrial Institutional (INST) Equivalent to adjacent County base zone Equivalent to adjacent County 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 18.20.050040.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 18.20.050040.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 18.710.080070. 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 18.710.080070. 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 18.710.080070. 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 18.710.080070. 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 18.710.080070. 2. A quasi-judicial comprehensive plan map amendment application is processed through a Type III-Modified procedure, as provided in Section 18.710.090080, 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 18.710.090080, which is decided by the City Council with a recommendation by Planning Commission. 18.800 LAND DIVISIONS LOT CREATION AND MODIFICATION 18.910.030 Streets Figure 18.910.4 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. Local Residential Street < 1,500 vpd A. Standard (sample) B. Skinny Street Option (criteria) 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) 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 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. Single detached houses are Small form residential development is exempt from this requirement. Table 18.920.1 Vehicular Access/Egress Requirements: Residential Uses Housing Type Minimum Driveways Required Minimum Access Required Minimum Pavement Width Small Form Residential Single Detached Houses 1 10 ft 10 ft 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 Apartments, 3-49 units 1 30 ft 24 ft if two-way 15 ft if one-way curbs and 5 ft walkway required Apartments, 50+ units 2 30 ft 24 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 single detached houses, and 30 feet back from the property line on all other types of uses. Commentary Omnibus Amendments 99W 217 W E IR RD 121ST AVE150TH AVEMC D O NA LD S T125TH AVEBR OC KM A N S T HALL BLVD135THAVEELSNERRDW A L N U T S T TIL E F L A T R D D U R HAM RDROYROGERSRD 72NDAVEOLESON RDMAINSTHUNZIKER RD 62ND AVEB U R N H A M ST S C H O LL S F E R R Y R D MURRAYBLVD175TH AVE170TH AVEBON I TA R D B R ID G EPORTRDGRE E N W AY61ST AVEGREENBURGRDG AARDEST 63RD AVED A RTMOUTH ST BULLMOUNTAIN R D TIEDEMANAVEB E E F B E N D RD UPPERBOONESFERRYRDPACIFIC HWY72ND AVEB O N I TA R DPACIF IC HWYW ALNUT ST W A L N U TSTHALL BLVDPACIFICHWY72ND AVEHALL BLVD HALL BLVDHALLBLVDPACIFICHWYB UL L M OU N T A IN RD SC H O L L S F E R R Y R D WALNUT ST PACIFICHW YPACIFICHWYMURRAY BLVDMURRAY BLVDPACIFIC HWY175TH AVED U R H A M R DPACIFICHWY GREENBURG RD G AA R DE S T121STAVE ROY ROGERS RDBEEF B END RD S C H O L L S F E R R Y R D ROY ROGERS RDS C H O LLSFERRYRD72NDAVE72ND AVESCHOLLSFERRYR D PACIFIC HWYWALNUT ST B O NI TA R D HUNZIKER RD B E E F B E N D RDZONING R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 ¯ Tigard City Boundar y 0 0.25 0.5Miles Current ZoningCity of Tigard 99W 217 W E IR RD 121ST AVE150TH AVEMC D O NA LD S T125TH AVEBR OC KM A N S T HALL BLVD135THAVEELSNERRDW A L N U T S T TIL E F L A T R D D U R HAM RDROYROGERSRD 72NDAVEOLESON RDMAINSTHUNZIKER RD 62ND AVEB U R N H A M ST S C H O LL S F E R R Y R D MURRAYBLVD175TH AVE170TH AVEBON I TA R D B R ID G EPORTRDGRE E N W AY61ST AVEGREENBURGRDG AARDEST 63RD AVED A RTMOUTH ST BULLMOUNTAIN R D TIEDEMANAVEB E E F B E N D RD UPPERBOONESFERRYRDPACIFIC HWY72ND AVEB O N I TA R DPACIF IC HWYW ALNUT ST W A L N U TSTHALL BLVDPACIFICHWY72ND AVEHALL BLVD HALL BLVDHALLBLVDPACIFICHWYB UL L M OU N T A IN RD SC H O L L S F E R R Y R D WALNUT ST PACIFICHW YPACIFICHWYMURRAY BLVDMURRAY BLVDPACIFIC HWY175TH AVED U R H A M R DPACIFICHWY GREENBURG RD G AA R DE S T121STAVE ROY ROGERS RDBEEF B END RD S C H O L L S F E R R Y R D ROY ROGERS RDS C H O LLSFERRYRD72NDAVE72ND AVESCHOLLSFERRYR D PACIFIC HWYWALNUT ST B O NI TA R D HUNZIKER RD B E E F B E N D RD¯ Tigard City Boundar y 0 0.25 0.5Miles City of Tigard ZONING RES-A RES-B RES-C RES-D RES-E Proposed Zoning Tigard Code Review 1. In the MUC-1 zone, quads and clusters appear proposed to be not allowed, although SFD is. Because SFD is allowed in this zone, the other middle housing types must also be allowed. MUC-1 zone is subject to additional standards in 18.620 so the City will need to bring those standards into compliance with OAR 660-046 or justify that the standards won’t cause undue cost and delay to middle housing development. 2. The RES-A zone appears to allow rowhouses (18.110.040) but throughout the development standards tables, rowhouses are indicated as prohibited in the RES-A zone. Because SFD is allowed in this zone, the other middle housing types must also be allowed. 3. The RES-D zone appears to require 3 spaces/quad development. With a minimum lot size of 3,000 sf, the OARs requires minimum parking requirements cannot exceed 2 spaces/quad development. 4. The quadplex proposed parking standards (18.270.040 E) seem more restrictive than the OARs and Model Code. Cities may require off street parking, based on the minimum lot size in each base zone. 5. The RES-D zone appears to require a minimum 50 ft lot width for quads, while requiring no minimum lot width for SFD. The OARs require minimum lot size to be the same or less restrictive as SFD. 6. It appears the city is proposing a requirement that quadplexes must be configured in a two up/two down arrangement. Although this requirement is allowable per the OARs, DLCD staff note that quadplexes built under this requirement will not be eligible for middle housing land division under SB 458 as they would not be able to meet the 1 unit per lot requirement. 7. The cottage cluster common courtyard standards (18.240.040 D) specifically D1-3 are not design standards outlined in the Model Code and D5 is more restrictive than the Model Code standards which state “Cottages must abut the common courtyard on at least two sides of the courtyard” (C. Design Standards 2.b). Since these standards do not align with the Model Code, the City should provide justification for how these proposed standards won’t cause undue cost and delay to middle housing development. 8. Pg 30 (18.240.040 M) OAR 660-046 requires that the building footprint for a cottage in a cottage cluster development must be less than 900 square feet. A large city may allow up to 200 sf of attached garage to be excluded from the total building footprint size. A better way to write this standard would be “The total maximum floor area of a single-story cottage is less than 900 square feet.” 9. The cottage cluster orientation requirements are more restrictive than the Model Code standards provision C. Design Standards 1C which state “Cottages within 20 feet of a street property line may have their entrances facing the street.” Please help us understand the rationale for this standard. 10. If there are other standards that propose more restrictive design and/or siting standards, the City will need to demonstrate compliance with the criteria of OAR 660-046-0235 Alternative Siting or Design Standards. 11. Sublot Platting – SB 458 describes in detail the kinds of approval criteria that a city can apply to an application for a middle housing land division. (2) A city or county shall approve a tentative plan for a middle housing land division if the application includes: a. A proposal for development of middle housing in compliance with the Oregon residential specialty code and land use regulations applicable to the original lot or parcel allowed under ORS 197.758 (5); b. Separate utilities for each dwelling unit; c. Proposed easements necessary for each dwelling unit on the plan for: i. (A) Locating, accessing, replacing and servicing all utilities; ii. (B) Pedestrian access from each dwelling unit to a private or public road; iii. (C) Any common use areas or shared building elements; iv. (D) Any dedicated driveways or parking; and v. (E) Any dedicated common area; d. Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas; and e. Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located The bill continues: (4) In reviewing an application for a middle housing land division, a city or county: […] (c) May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage. The sublot platting process proposed by the city is extensive and appears to apply approval criteria to applications for middle housing land divisions that would exceed those allowed under SB 458. City of Tigard PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF THE TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday, May 2, 2022 at 7:00 PM and by the Tigard City Council at a Public Hearing on Tuesday, June 7, 2022 at 6:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing on this matter will be conducted in accordance with Title 18 and rules of procedure adopted by the Council and the rules of Chapter 18.710, available at City Hall. The Planning Commission’s review is for the purpose of making a recommendation to the City Council on the proposal. The Council will then hold a public hearing on the request prior to making a decision. If you would like more information on this proposal, please contact the staff person listed below. DEVELOPMENT CODE AMENDMENT (DCA) 2022-00001 ZONING MAP AMENDMENT (ZON) 2022-00001 - HOUSING COMPLIANCE PROJECT - Proposal: The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC) and the Zoning Map. The focus of the amendments are on: • Amendments to standards and procedures to bring the city into compliance with House Bill 2001 and OAR 660 Division 46; • Amendments to standards and procedures to bring the city into compliance with Senate Bill 458; • Minor changes to middle housing standards to make the code more efficient, clarify ambiguities, and remove unneeded standards in middle housing chapters; • Re-establish the distinction between accessory dwelling units and other additional dwelling units; • General housekeeping to increase consistency and remove redundancies; • Miscellaneous code fixes identified by staff; • Replacing and removing outdated and ineffective regulations; • Streamlining existing processes and procedures; • Addressing minor deficiencies in the code; • Consolidating the number of residential zones from 8 to 5. Location: Citywide. 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. Staff person: Schuyler Warren 13125 SW Hall Blvd., Tigard, Oregon 97223 503-718-2437 / schuylerw@tigard-or.gov. PUBLISH DATE: Thursday, April 14, 2022