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DIR2010-00005 3 City of Tigard Director's Interpretation DATE: October 20, 2010 CODE CHAPTER- 18.350 Planned Developments TOPIC: Changing the exterior appearance of dwellings that are part of an approved residential Planned Development LOCATION: Citywide FILE #: DIR?010 -00005 I. INTRODUCTION There have been instances where the owners /developers of planned residential developments have desired to change exterior details of dwellings that are part of planned development approvals. The reason being is to enhance curb appeal/marketability by improving building appearance. II. RELEVANT CONDITIONS REQUIRING A DIRECTOR'S INTERPRETATION There are a significant number of bank owned residential lots in subdivisions and planned developments in Tigard. Many of them are either vacant or partially built. Local land -use approvals for some of these projects are several years old. In some cases, investors have bought these properties to develop them. Those in the development industry have noted to the City that the building exteriors of proposed dwellings associated with undeveloped or partially developed planned developments need updating to appeal to the contemporary homebuyer. III. ANALYSIS Chapter 18.350, Planned Developments, of the Tigard Community Development Code (CDC) is unclear regarding whether exterior building details can be changed without making a Planned Development noncompliant with its respective land -use approval. Clarity is needed to identify the extent of changes that builders can make to exterior details without triggering a modification of the prior approval. I 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov This matter is important to investors who purchase entitled Planned Developments, because of the need to develop attractive housing products that can be competitive in the contemporary market. It is also in Tigard's interests to promote the development of marketable attractive housing on previously banked -owned properties. IV. INTERPRETATION Chapter 18.350 is interpreted as allowing changes to the exterior details of dwellings that are part of approved residential planned developments, such as color schemes, adding or enlarging /modifying windows, eaves, building offsets, bands, siding, bays, balconies, etc., without reconsideration of the prior Planned Development approval. To utilize this interpretation, the owner /developer shall undertake a Type I review with City staff to show how changes to the exterior details maintain or increase the project's compliance with development approval. This interpretation addresses building exterior details only and does not include changing building heights, footprints, roof lines or slopes, or other structural features, including decks. Also, the interpretation does not apply if the result would be contrary to any site design related condition of approval such as assurance of privacy. Also, the interpretation does not abrogate a responsible party's obligation to obtain all required building and other permits to accommodate the changes. Ronald B. Bunch, Community Development Director File: Directors interpretation planned development fagade improvements