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DCA2006-00002
CA2o ° z 19 LAND USE PROPOSAL DESCRIPTION [in! RCA° D 120 DAYS = N/A LoprYic r COoe FILE NO.: AMENDMENT ) 2006-00002 FILE TITLE: CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Cizic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. DATE COMMENTS SENT: MAY 1,2006 DATE COMMENTS DUE: MAY 15, 2006 DATE DLCD NOTICE WAS SENT: APRIL 19,2006 (47 days prior to 1St hearing) DECISION MAKING BODY BELOW: ❑ TYPE I ['TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: JUNE 5, 2006 TIME: 7:00 PM ® CITY COUNCIL (IUES.)DATE OF HEARING: JULY 11, 2006 TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® PROPOSED ORDINANCE (1 week prior to hearings) ® STAFF REPORT(1 week prior to hearings) ❑ ® PROPOSED AMENDMENTS ® DLCD NOTICE ❑ STAFF CONTACT: Sean Farrelly, Associate Planner (503) 639-4171, Ext. 2420 • • PRE-APP.HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503.639.41711503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File#I Za 4 zoo c.-ocf 02_ Other Case #, Date Qrro & By Kr Receipt# I N/- City Y y Urb - Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review(I, II or III) ["Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCA HON WHERE PROPOSED ACl IVI l Y WILL OCCUR(Address it available) j� Wr d e • TAX MAP& ckt L )(US. TU I AL S11 E SIZE ZONING CLASSIFICATION APPLICAN I' City o -� • TSa -a' MAILING ADORES City Y/S I A I E/ZIP PHONE NU. z s w i 1( tl v o T7S v d o ) zz 3 FAX Nom. PRIMARY CON 1ACT PERSON PHONE NO. See r(el(/ [ /TulaiG le Atih."r— Sv3 -- ? /I 2_ (2-C) PROPER Y OWNER/DEED HOLDER(Attach list it more than one) • MAILING ADDRESS/Cl I Y/S I AI E/LIP PHONE NU. FAX NO. *When the owner and the applicant are different people, the applicant must be 1 purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specitic) Cop.,th eKcic+ ( u S-PS r'v. Cc f fur4 ( 11011 (, . .no 02v Q y r • Alitx tli ry SrSvt `' as 7FO APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date . ri1LA `I -/ 'C Applicant/Agent/Represent.4s Signature Date Applicant/Agent/Representative's Signature Date • • CITY OF TIGARD LAND USE APPLICATIONS BASIC SUBMITTAL REQUIREMENTS This checklist identifies the basic submittal requirements for a land use application. BASIC INFORMATION: ❑ Completed Master"Land Use Permit"Application with property owner's signature or name of a gent and letter of authorization ❑ Title transfer instrument or grant deed ❑ Written summary of proposal ❑ Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ❑ Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). ❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision, Conditional Use, Sensitive Lands Review, Zone Change, Comprehensive Plan Amendments. ❑ Neighborhood Meeting Affidavits of Posting & Mailing Notice, Minutes, Sign-in Sheets ❑ Service Provider Letter ❑ Impact Study per Section 18.390.040.B.2.(e) ❑ Copy of the Pre-Application Conference notes ❑ Filing Fee(see fee schedule) PLANS REQUIRED: In addition to the above basic information, each type of land use application will require one or more of the following maps or.plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (See separate attachment for details on what information to include on each plan): ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings (elevations &floor plans) ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan NUMBER OF COPIES REQUIRED: The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO MAKE YOUR APPLICATION SUBMITTAL COMPLETE. h:\patty\masters\application submittal requirements.doc UPDATED: 26-Jun-02 • • IP CITY OF TIGARD LAND USE APPLICATIONS 05/06 FEE SCHEDULE PROCEDURE FEE + SURCHARGE ' E •R' . IN i I I T .. I . + ..I - = •.I . ANNEXATION $2,068 + $305 = $2,373 APPEAL DIRECTOR'S DECISION (TYPE II) TO HEARINGS OFFICER $250 EXPEDITED REVIEW (DEPOSIT) * $300 HEARINGS REFEREE $500 PLANNING COMMISSION/HEARINGS OFFICER TO CITY COUNCIL $2,080 + $307 = $2,387 APPROVAL EXTENSION $219 + $32 = $251 BLASTING PERMIT - $241 CONDITIONAL USE PERMIT INITIAL $4,3-03 + $635 = $4,938 MAJOR MODIFICATION $4,363 + $635 = $4,938 MINOR MODIFICATION $475 + $70 = $545 DESIGN EVALUATION TEAM (DE1) RECOMMENDATION (DEPOSIT) • $1,065 + $157 = $1,222 ' DEVELOPMENT CODE PROVISION REVIEW • SINGLE-FAMILY BUILDING PLAN $43 + $6 = $49 COMMERCIAUINDUSTRIAUINSTITUTION - $277 + $40 = $312— HEARING POSTPONEMENT $246 HISTORIC OVERLAY/REVIEW DISTRICT . • HISTORIC OVERLAY DESIGNATION $33-24 + $491 = $3,815 REMOVAL OF HISTORIC OVERLAY DESIGNATION $3,324 + $491 = $3,815 EXTERIOR ALTERATION IN HISTORIC OVERLAY DISTRICT $509 + $75 = $584 NEW CONSTRUCTION IN HISTORIC OVERLAY DISTRICT $50f9 + $75 = $584 DEMOLITION IN HISTORIC OVERLAY DISTRICT $509 + $15 = $584 HOME OCCUPATION PERMIT (ORIGINAL PERMIT)' • TYPE I HOME OCCUPATION PERMIT '$33 + $5 = $3F TYPE II HOME OCCUPATION PERMIT • $234 + $34 = $268 INTERPRETATION OF THE COMMUNITY DEVELOPMENT CODE $543 + $34 = $577 LAND PARTITION RESIDENTIAL AND NON-RESIDENTIAL (3 LOTS) $3,014 + $436 = $3,540 RESIDENTIAL AND NON-RESIDENTIAL (2 LOTS) $2,539 + $374 = $2,913 EXPEDITED $3,611 + $413 = $4J64 FINAL PLAT LOT LINE ADJUSTMENT $395 + $59 = $454 MIHDR MODIFICATION TO AN APPROVED PLAN $475 + $71) = $545 NON-CONFORMING USE CONFIRMATION $224 + $33 = $257 PLANNED DEVELOPMENT - CONCEPTUAL PLAN REVIEW $3,900 + $810 = $6,770 DETAILED PLAN REVIEW Applicable SDR Fee PRE-APPLICATION CONFERENCE • $306 + $45 = $351 SENSITIVE LANDS REVIEW WITH EXCESSIVE SLOPES/WITHIN DRAINAGE WAYS/WITHIN WETLANDS (TYPE II) $1,992 + $294 = $2,286 WITH EXCESSIVE SLOPES/WITHIN DRAINAGE WAYS/WITHIN WETLANDS (TYPE III) $2,144 + $317 = $2,461 WITHIN THE 100-YEAR FLOODPLAIN (TYPE III) $2,144 + $317 = $2,461 SIGN PERMIT EXISTING AND MODIFICATION TO AN EXISTING SIGN (NO SIZE DIFFERENTIAL) $33 + $5 = $38 TEMPORARY SIGN (PER SIGN) $16 + $2 = $18 SITE DEVELOPMENT REVIEW AND MAJOR MODIFICATION . UNDER $1,000,000 -$T,-646 + $538 = $4,184 $1 MILLION/OVER $4,786.+ $706 = $5,492 + $5/Each $10,000 Over $1 Million MINOR MODIFICATION $473 + $70 = $545 ID • SUBDIVISION PRELIMINARY PLAT WITHOUT PLANNED DEVELOPMENT $4,235 + $605 = $4,840 + $85/Lot PRELIMINARY PLAT WITH PLANNED DEVELOPMENT Add $5,900 + $870 = $6,770 FINAL PLAT $1,356 + $200 = $1,556 - PLAT NAME CHANGE. - $258 TEMPORARY USE PERMIT . DIRECTOR'S DECISION $249 + $31 = $286 SPECIAL EXEMPTION/NON-PROFIT ORGANIZATION -0- TREE REMOVAL $154 +. $23 = $171 VACATION (STREETS AND PUBLIC ACCESS) $1,820 + $260 = $2,080 Deposit VARIANCE/ADJUSTMENT + Actual Costs ADMINISTRATIVE VARIANCE $509 + $15 = $584 DEVELOPMENT ADJUSTMENT $224 + $33 = $251 SPECIAL ADJUSTMENTS - ADJUSTMENT TO A SUBDIVISION $224 + $33 = $257 - REDUCTION OF MINIMUM RESIDENTIAL DENSITY . . $224 + $33 = $257 - ACCESS/EGRESS STANDARDS ADJUSTMENT $509 + $15 = $584 - LANDSCAPING ADJUSTMENT (EXISTING/NEW STREET TREES) $256 + $38 = $294 PARKING ADJUSTMENTS - REDUCTION IN MINIMUM'OR INCREASE IN MAXIMUM PARKING RATIO $5U9 + $75 = $584 - REDUCTION IN NEW OR EXISTING DEVELOPMENT/TRANSIT IMPROVEMENT $309 + $15 = $584 - REDUCTION IN BICYCLE PARKING $509 + $15 = $584 - ALTERNATIVE PARKING GARAGE LAYOUT $224 + $33 = $257 - REDUCTION IN STACKING LANE LENGTH $5-09 + $15 = $584 SIGN CODE ADJUSTMENT • $5O9 + $75 = $584 STREET IMPROVEMENT ADJUSTMENT $309 + $15 = $584 TREE REMOVAL ADJUSTMENT $224 + $33 = $257 WIRELESS COMMUNICATION FACILITY ADJUSTMENTS - SETBACK FROM NEARBY RESIDENCE $509 + $15 = $584 - DISTANCE FROM ANOTHER TOWER $224 + $33 = $257 ZONING MAP/TEXT AMENDMENT LEGISLATIVE — COMPREHENSIVE PLAN $73-55 + $1,086 = $8,441 LEGISLATIVE — COMMUNITY DEVELOPMENT CODE $2,891 + $421 = $3,318 QUASI-JUDICIAL $2,649 + $391 = $3,040 ZONING ANALYSIS (DETAILED) $415 + $70 = $545 ZONING INQUIRY LETTER (SIMPLE) $55.+ $8 = $63 JOINT APPLICATION PLANNING FE 100% of Highest Planning Fee + 50% of All Additional Fees Related to the Proposal + Surcharge of .1476 x Application Fee EFFECTIVE DATE: OCTOBER 29. 2003 (Updated annually according to Resolution No. 03-59) (Resolution No.03-59, Repealing Resolution No.02-38,Repealing Resolution No.98-58,Repealing Resolution No.96-30,Repealing Resolution No.91-01) * -Established by state statute NOTE 1: WITHDRAWN APPLICATIONS: In cases of withdraw of an application;refund of fees may be applicable,less costs incurred,as determined by the Director. Generally, refunds of 80 percent will be made for applications received and withdrawn prior to sending out request for comments to agencies and notice of public hearing being sent. Fifty-percent refunds will be made where notice of public hearing has been sent but no staff report has begun. NO REFUNDS WILL BE PROVIDED FOR APPLICATIONS FOR WHICH A STAFF REPORT HAS BEGUN. NOTE 2: PROPERTY OWNER NOTICE REQUIREMENTS: For all Type II, III and IV applications, applicants must submit two(2)sets of pre-stamped, pre-addressed envelopes for all property owners of record within 500 feet of the subject properties. The very most current records of the Washington County Department of Assessment and Taxation shall be the official records for determining . ownership. Contact the City of Tigard to request 500-foot property owner mailing labels. NOTE 3: LONG RANGE PLANNING SURCHARGE: A 14.76% Long Range Planning surcharge has been added by the City Council Resolution No. 04-99, passed and effective on 12/28/04. H:\patty\masterAliigard Fee Schedule 05.06_2.doc(update effective:1/1/05) • • • /Gmb `14 1 Al. '1I LAND USE APPLICATION PROCESSING TIMELINES L �W City of Tigard ADMINISTRATIVE STAFF REVIEW Same Day HOP I(Home Occupation Permit) N/A 5-6 Weeks HOP II(Home Occupation Permit) 500 feet notification 5 -6 Weeks SDR(Site Development Review) 500 feet notification • 10 Days MIS(Lot Line Adjustment) Abutting properties 5-6 Weeks MLP(Minor Land Partition) 500 feet notification 10 Days VAR(Variance)(Flexible Setback) Abutting properties 2-5 Days SGN(Sign Permit) N/A 6-8 Weeks SUB(Subdivision&Sub.With Variance) 500 feet notification 2-5 Days TUP(Temporary Use Permit) Abutting properties 2-5 Days TUC(Temporary Use Certificate) N/A 2-5 Days TRP(Tree Removal Permit) N/A 6-8 Weeks SLR(Sensitive Lands Review) 500 feet notification 6-8 Weeks CUP(Conditional Use Permit) 500 feet notification 6-8 Weeks SCE(Sign Code Exception) 500 feet notification :'PLANNING COMIVIISSIOI . 6-8 Weeks CPA(Comprehensive Plan Amendment) 500 feet notification 6-8 Weeks PDR(Planned Development Review) 500 feet notification • 6-8 Weeks ZON(Zone Change) 500 feet notification 6-8 Weeks • ZOA(Zone Ordinance Amendment) N/A ,CITY COUNCIL 6-8 Weeks CPA(Comprehensive Plan Amendment) 500 feet notification • 6-8 Weeks ZCA(Zone Change Annexation) 500 feet notification 6-8 Weeks ZOA(Zone Ordinance Amendment 500 feet notification NOTE: The time clock begins when the application is ACCEPTED, rather than at submittal. These timelines are an approximation. Revised 3/9/04 CAM),Documents\PT-FORMS,ECTILAND USE TIMELINES.doc • • • AARRAT-1 VE • • • • , INI II • • .1 MEMORANDUM a T I CARD TO: Planning Division FROM: Sean Farrelly, Associate Planner RE: Public Institutions and Sign Code Amendments DATE: April 18, 2006 Narrative: The Tigard Public Library was designed with space in the lobby for a cafe to provide limited food and beverage services. The status of any cafe that occupies this space needs to be clarified. Tigard Development Code requirements state that libraries are considered Cultural Institutions in the Civic Use category. Cultural Institutions are a Conditional Use in the R-12 Zone (which the library is within.) Eating and Drinking Establishments are Not Permitted uses in the R-12 zone (Table 18.510.1). However, a cafe in a library is an accessory use, open only during library hours and serving mainly library patrons. The most practical way to resolve this situation is to amend the Listings of Use Categories in Chapter 18.310 of the Development Code. The amended ordinance could appear as follows: 18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries.May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. This amendment would clarify the standing of this cafe as a subordinate auxiliary use to the main Cultural Institutional use of the library. A larger benefit of this amendment is allowing convenient services for patrons of Cultural Institutions, as well as supplemental income for public and non-profit entities. The externalities associated with commercial uses (traffic, etc.) are unlikely to be an issue because the incidental uses will serve mainly patrons of the institutions: Signs . To clarify the eligibility of the subordinate use to have a sign, a new sign category, "Cultural Institution Auxiliary Signs,"will be created. Two amendments to the Sign Chapter will be needed: • 410 0 • I. In the Sign Chapter (18.780) a definition of a Cultural Institution Auxiliary Sign could be added. The amended ordinance could appear as follows: 18.780.015 Definitions "Cultural Institution Auxiliary Sign" means a sign placed and maintained by or on behalf of a subordinate commercial use in a Cultural Institution. II. In the Special Condition Signs section of the Sign Chapter (18.780.090) the new code language could read: 18.780.090 Special Condition Signs Cultural Institution Auxiliary Signs 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution Auxiliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. S • • City of Tigard Code Amendments 18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries. May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. • 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign"means a sign placed and maintained by or on behalf of a subordinate commercial use in a Cultural Institution. 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution Auxiliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. • • • FRE-- APPLIcATioN • • Norms CITY OF. TIGARD PRE-APPLICATION CONFERENCE NOTES Vlir or F.M0?: Community(Development (Pre-Application.Meeting Notes are Valid for Six (6) Months) ping Better Community FITAp MG DIE YP 3/0'6 SAT ATFEA:P.: _ -- - NON-RESIDENTIAL APPLICANT: ( r l y c 1 iscr 6( AGENT: -A--fi■ely. Phone: ( ) Phone: (SW) -7/ 6 _ 2 Z/ 3 • PROPERTY LOCATION: / J ADDRESS/GENERAL LOCATION: # �/G vR (i T y WlG1 -Q. TAX MAP(S)/LOT #(S): NECESSARY APPLICATIONS: • PROPOSAL DESCRIPTION: Code Amp e f y //ow 5(4bo( /4. e coin SeS /►x rufi�kL ei I.tctl �4 h - ( !g ,l30, a2O, kit) Also c reti l e 1,,, / gal �-�f S f, /kf iit_s /9-(ix;//41Y S/S I/ COMPREHENSIVE PLAN cti t e5 or y 03- 7f-6 MAP DESIGNATION: ZONING MAP DESIGNATION: ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 1 MINIMUM LOT SIZE: sq. ft. Average-Min. lot width: ft. Max. building height: ft. Setback& Front ft. . Side ft. Rear ft. Corner ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: %. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) T44E4APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the.application will not be accepted. NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section NARRATIVE [Refer to Code Cater 18.3901 • The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. ❑ IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ❑ ACCESS (Refer to Chapters 18.105 and 18.7651 Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: ❑ WALKWAY REQUIREMENTS [Refer to Code Section 18.105.0301 WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS [Refer to Code Chapter 18.1301 > STREETS: feet from the centerline of > LOWER INTENSITY ZONES: feet, along the site's boundary. > FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS [Refer to Code Section 18.730.010.BJ BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: > A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; > All actual building setbacks will be at least half('A) of the building's height; and > The structure will not abut a residential zoned district. ❑ BUFFERING AND SCREENING [Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section • The ESTIMATED REQUIfL BUFFER WIDTHS applicable to your area are:proposal ar p e feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ❑ LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.105] STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. ❑ PARKING (Refer to Code Section 18.765.0401 REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: > Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. • Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three(3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: > All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. > BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.165.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division Section El BICYCLE RACKS (Refer to Coltection 18.765] • BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.7/5.080.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ❑ CLEANWATER SERVICES(CWS)BUFFER STANDARDS (Refer to R a 0 96-44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. • Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION &ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDES • Streams with intermittent flow draining: <25% 10 to <50 acres 15 feet 1 >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • • Natural lakes and ponds • Streams with intermittent flow draining: >25% 1 10 to <50 acres 30 feet 1 • >50 to <100 acres 50 feet • Existing or created wetlands >25% • Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine(break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Application/Planning Division Section Restrictions in the Veget•Corridor: • NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ZSIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. ❑ TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. ❑ MITIGATION (Refer to Code Section 18.790.060.EJ REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Application/Planning Division Section D' If a replacement t of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one(1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. • IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ❑ CLEAR VISION AREA (Refer to Code Chapter 18.195) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS - 18.330(Conditional Use) - 18.620(Tigard Triangle Design Standards) _ 18.765(Off-Street Parking/Loading Requirements) - 18.340(Directors Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) - 18.350(Planned Development) 18.705(Access/Egress/Circulation) _LZ 18.780(Signs) - 18.360(Site Development Review) 18.710(Accessory Residential Units) _ 18.785(Temporary Use Permits) - 18.370(Variances/Adjustments) 18.715(Density Computations) _ 18.790(Tree Removal) • _z'18.380(Zoning Map/Text Amendments) 18.720(Design Compatibility Standards) _ 18.795(Visual Clearance Areas) - 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facilities) 18.390(Derision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) _ 18.810(Street&Utility Improvement Standards) - 18.410(Lot Line Adjustments) 18.740(Historic Overlay) - 18.420(Land Partitions) 18.742(Home Occupation Permits) - 18.430(Subdivisions) - 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) _ 18.520(Commercial Zoning Districts) 18.755(Mixed Solid Waste/Recycling Storage) - 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) • CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section • ADDITIONAL CONCERNS OR COMME • • • PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. V Public hearing before the Planning Commission with the Commission making a • recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section ' The administrative decisiSor public hearing will typically occur !Proximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). • PREPARED BY: /`// CITY OF TIGARD PLANNING DIVISION -4g FF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 51' -.84-7297 EMAIL istaf s first name)@ci.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.or.us H:Ipatty\masters\Pre-App Notes Commercial.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planning Division Section Agenda Item Discussion&Comments Action Items (follow up) ordinance be strengthened without being overly restrictive. Councilor Wilson recalled the discussions about hiring a right-of-way manager. He told Right-of-Way Administrator Werner that he thought she has done a good job and noted his appreciation. Right-of-Way Administrator Werner advised the ordinance has a provision for a three-year review; therefore,after three years,the City Engineer will report on the implementation experience and whether it has been effective. Councilor Woodruff asked that this be monitored closely to determine if stronger wording is • needed. ORDINANCE NO.06-12—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.04 TO INCORPORATE A RIGHT-OF- WAY PRESERVATION AND RESTORATION POLICY . 7. Continuation of Community Development Director Coffee presented Motion by Councilor Wilson, Public Hearing the staff report. He advised that the hearing was seconded by Councilor (Legislative) from continued from the July 11,2006 meeting,so staff Woodruff,to adopt Ordinance July 11,2006— could visit with potential vendors who might provide No.06-13. Incidental Uses in this service at the Library. This amendment will also Cultural Institutions apply to other uses within the community. Community Code Amendment Development Director Coffee said that they found out The ordinance was adopted by (DCA 2006-00002) that the Finance staff had negotiated a lease with a a majority vote of City Council vendor in late June. The vendor was aware of this present proposed amendment and had no reservations about the sign limitations. The only question by the vendor Mayor Dirksen Yes was whether a temporary sign would be allowed during Councilor Harding No the opening days of the operation. Temporary signs Councilor Wilson Yes are allowed for 30 days. Councilor Woodruff Yes Community Development Director Coffee said staff and the Planning Commission recommend City Council adopt the proposed ordinance. In response to a question from Councilor Woodruff, Community Development Director Coffee advised the vendor was not concerned about a sign. Mayor Dirksen noted he needed to officially open the public hearing(continued from June 11,2006). Community Development Director Coffee reported the coffee vendor is interested in having signage within the Library lobby,which will be visible from the street August 8,2006 City Council Meeting page 28 _.: .... . Agenda Item Discussion&Comments Action Items (follow up) through the window. The vendor did not indicate any concern about signage near the road;although this would now be an option. Mayor Dirksen asked Legal Counsel Firestone a public heating process question about declarations or challenges. Legal Counsel Firestone asked if there have been any changes since in conflicts or ex parte contacts since the previous hearing date. No conflicts or ex parte contacts were reported. Mayor Dirksen said that when he learned that the new vendor has no issue with the proposed ordinance he questioned whether there was a need to do the ordinance. The Mayor advised,however,there is another issue and noted that the Senior Center has a gift shop sign and this would now be in compliance if the ordinance is adopted. Community Development Director Coffee said the perception of the staff for Library and Finance is that this type of ordinance might be necessary to attract a vendor for this space. Legal Counsel Firestone said the provision is not specific as to what the sign says;it allows an additional sign on behalf of the lessee. There was no public testimony. Staff recommended that the City Council adopt the proposed ordinance. Mayor Dirksen dosed the public hearing. ORDINANCE NO.06-13—AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.130 AND 18.780,TO ALLOW INCIDENTAL AND SUBORDINATE CULTURAL USES IN CULTURAL INSTITUTIONS AND TO CREATE A"CULTURAL INSTITUTION AUXILIARY SIGN"CATEGORY(DCA 2006- 00002) 8. Consider an Police Chief Dickinson presented the staff report Motion by Mayor Dirksen, Amendment to the seconded by Councilor Tigard Municipal This originally came about because.a Tigard police Wilson,to adopt Ordinance Code to Add a New officer encountered young people who were not in No.06-14. Chapter 7.38— school who were supposed to be in school. Most of Truancy the time,the young people willingly returned to school. However,increasingly students are choosing not to The motion was approved by return to school. Under state law,there is no fine or a unanimous vote of Council August 8,2006 City Council Meeting page 29 • Agenda Item Discussion&Comments Action Items (follow up) know. Also advise the Council if there are other demographics that should be represented;i.e.,affordable housing. 6.Public Heating Mayor Dirksen said he had been advised that Item Nos. Motion by Councilor (Legislative)— 6 and 7 could be conducted as a single public hearing. Sherwood,seconded by Entryway Sign City Attorney Ramis clarified each ordinance must be Councilor Harding,to adopt Code Amendment considered separately. Ordinance No.06-09. (DCA 2006-00001) Mayor Dirksen opened the public hearing. The motion was approved by a and unanimous vote of Council Mayor Dirksen asked if any member of Council wished present * 7. Public Heating to declare or discuss a conflict of interest or advise of (Legislative)— abstention. There were no declarations. Mayor Dirksen Yes Incidental Uses in Councilor Harding Yes Cultural Interim Community Development Director Coffee Councilor Sherwood Yes Institutions Code introduced Associate Planner Family who presented the Councilor Wilson Yes Amendment staff report on two proposed legislative changes. Councilor Woodruff Yes (DCA 2006-00002) The first proposal was for a Development Code Amendment on Entryway signs. He gave the Item No.7 was continued to background on the new City of Tigard logo and,as part August 8,2006. of this effort,the City is considering installing signs with a new logo along roads at key entry points into the City. A review of the Tigard Development Code revealed that there is no provision for this type of sign. The proposed amendment would add a definition of"entryway signs." Associate Planner Farrelly reviewed the key findings: • Signs would be erected at major points into the City. • Because there is a small number of sites where this type of sign could be located,it would be unlikely that a sign of this type would add to excessive sign clutter. • Staff finds the proposed Development Code Amendment meets applicable review criteria and all required procedures have been followed for notification of agencies and the public. • On June 5,the Tigard Planning Commission held a public meeting and recommended approval by a favorable vote(5 yes,1 no,1 abstention). Councilor Wilson said he was surprised because almost every subdivision has a monument-type of sign. He said he did not think-that what the City would be doing would be any larger than some of these signs. He wondered why this code amendment was necessary. Interim Community Development Director Coffee said that his recollection was that subdivision monument signs are part of the subdivision approval. These Tigard City Council Meeting Minutes—July 11,2006 Page 19 • Agenda Item Discussion&Comments Action Items (follow up) entryway signs would not qualify for a"subdivision," which is why a special sign category is being proposed as part of the sign code. Public Testimony: None Councilor Wilson asked if there was any prohibition for lighting these signs. Associate Planner Farrelly said, "No." There was no further discussion on this item by the City Council. City Council considered the proposed ordinance: ORDINANCE NO. 06-09—AN ORDINANCE AMENDING THE LANGUAGE OF THE CITY OF TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTER 18.780,TO CREATE A NEW "ENTRYWAY SIGN"CATEGORY,AND TO ALLOW ENTRYWAY SIGNS IN ALL ZONING DISTRICTS (DCA 2006-00001) Mayor Dirksen advised that Council was now considering Agenda Item No. 7,which was a public hearing regarding Incidental Uses in Cultural Institutions Code Amendment: Associate Planner Farrelly advised that this Code Amendment would allow incidental and subordinate commercial uses such as a gift shop,bookstore,or limited food and drink services in cultural institutions. As background,Associate Planner Farrelly noted the Tigard Public Library was designed with a lobby space for a cafe,offering limited food and beverages to Library patrons and people attending events at the Community Room. However,eating and drinking establishments are not permitted in the R-12 zone where the Library is located. The proposed amendment would clarify the standing of this cafe and any future similar situations by allowing incidental and subordinate uses in cultural institutions. Associate Planner Farrelly said the proposal would also create a new sign classification: "Cultural Institution Auxiliary Signs"that would allow the subordinate use to have appropriate signage that is strictly limited in size and placement Associate Planner Farrelly reviewed key findings: • • Allowing incidental and subordinate uses would be Tigard City Council Meeting Minutes—July 11,2006 Page 20 Agenda Item Discussion& Comments Action Items (follow up) • beneficial to the institutions and community by allowing convenient services for patrons as well as a supplemental income for public and non-profit cultural entities. • The externalities associated with commercial uses, such as traffic,are unlikely to be an issue because these uses will primarily serve patrons of the institutions. • The proposal for the auxiliary signs is consistent with the stated purpose of the sign chapter. • Signs will likely be unobtrusive since the proposal has a limit of one sign with an area of four square feet per sign face. • The sign must either be within an existing freestanding sign or,if it is a wall sign,it must be consistent in structure and materials with any existing wall sign on the cultural institution. Associate Planner Farrelly said the staff finds the proposed amendment meets all the applicable review criteria. All notification procedures have been followed. On June 5,the Tigard Planning Commission held a public hearing on the proposed changes. The Planning • Commission recommended approval by a unanimous vote. Staff recommended the proposed ordinance be adopted. Mayor Dirksen said he appreciated the phrasing of the ordinance for the way it will allow some appropriate signage but at the same time restrict it in such a way that it would not be inappropriate. Councilor Wilson said he was concerned. He noted that $90,000 was spent for the coffee bar. `Everybody wanted one...we found a good vendor and tried to make it work and it just wasn't enough." He questioned whether the sign would make the difference for the - vendor and was not sure that it would. Councilor Wilson said if the intent is to give them a little boost then it truly isn't just the Library patrons who will make it work—people must be drawn off of Hall. If this is going to be accomplished by means of a sign,then it • needs to be readable. He questioned whether the proposal was enough to be helpful. Interim Community Development Director Coffee noted staff tried to be more restrictive because the use is not located in a commercial zone and the intent is for the use to be incidental. They did not want the coffee Tigard City Council Meeting Minutes—July 11,2006 Page 21 • • Agenda Item Discussion&Comments Action Items (follow up) shop sign competing with the principal sign(Tigard Library). A properly designed logo could complement the wall in the library within the criteria. Councilor Wilson asked if the vendor could use their own brand colors. Interim Community Development Director Coffee said he thought if the colors were in the vendor's logo,it would be all right Councilor Woodruff asked if there were vendors who were willing to"give it a go"? Assistant City Manager Newton said it was her understanding Purchasing is working on obtaining proposals. Mayor Dirksen asked if interested vendors have commented on the proposed amendments. Councilor Wilson said he would prefer to wait to make a decision on this amendment until comments are received from potential vendors. Councilor Wilson said it's possible the coffee shop patrons might not even visit the Library. He noted the volume of traffic on Hall in the mornings. Councilor Harding said the Library is not open at that time of day. She commented that the cost for the coffee area was $95,000 and was something that people had asked for. She said putting a sign in of any kind will cheapen that area. She noted efforts to keep the library building"as gentle with the landscape as possible because of the wetlands." She said the Library has a large amount of publicity and public traffic. If a coffee shop cannot be successful,then it might be because it isn't open for early morning hours,while the Library is open limited hours. Vendors should realize that this will not be a "great big huge profiting"venture for any vendor because of the hours and the scope. Councilor Harding said it might be necessary to reevaluate whether this is the highest and best use of the Library's lobby. She noted issues with the acoustics,which doesn't lend itself to people wanting to sit and chat. She noted that it is nice to have a vendor on site to cater meetings. She said • the lobby might be used for something else to help communicate to the community about what the City represents;ie.,what is happening at City Hall regarding Council goals. Councilor Wilson said he wasn't sure why the coffee vendor couldn't be open when the Library is dosed. Interim Community Development Director Coffee noted the previous vendor was opening a half hour before the Library in the morning,so it is possible to have different hours. Councilor Wilson said he doesn't think that the vendor sign would detract from the Library and would like to explore what it would take for Tigard City Council Meeting Minutes—July 11,2006 Page 22 Agenda Item Discussion&Comments Action Items (follow up) a vendor to make a go of it,including having hours different from the Library. Assistant City Manager Newton said staff will get a comment from a potential vendor about the proposed amendment. Councilor Harding noted it might be good to consider an expanded operations;i.e.,a"regular cafe." Discussion followed with Interim Community Development Director Coffee reminding the City Council that the base zone in the area is residentiaL The proposed language acknowledges that the small,limited, and incidental commercial use is allowed in a residential cultural institution and states what type of sign is allowable. Councilor Woodruff said he agreed with Councilor Wilson in that if the purpose is to have a service that is a convenience for Library patrons and also attract a vendor,then there should be a conversation with potential vendors regarding what it would take to enter into an agreement to provide the service. If the purpose is to change this to help a vendor be successful,then it seems as if it should be discussed with potential vendors. Councilor Wilson said the issue might be something that hasn't been thought of such as lighting or posting hours. Mayor Dirksen said since there is no need to hurry this item,he would prefer to wait to make a decision on the proposed amendment so that staff can obtain more information. Councilor Harding suggested getting information from the previous vendor about revenue and future revenue predictions. Interim Community • Development Director Coffee noted there is policy about commercial and cultural signage. Perhaps the City will have a performing arts center some day or a non- profit organization that would like a gift shop;therefore, the decision will affect more than just the Library. Mayor Dirksen and Assistant City Manager Newton noted there is a gift shop in the Senior Center. In response to a question from Councilor Sherwood, Interim Community Development Director Coffee confirmed that Ordinance No.06-09 will go into effect even though the hearing is being left open to consider the proposed amendment to the sign code. Consensus of Council was to continue the hearing to August 8,2006. Tigard City Council Meeting Minutes—July 11,2006 Page 23 . is r Department of Land Conservation and Development .: p p 635 Capitol Street NE Suite 150 Theodore R.Kulongoski,Governor Salem,Oregon 97301-2524 8 59 Phone: (503)373-0050 First Floor/Costal Fax: (503)378-6033 Second Floor/Director's Office: (503)378-5518 Web Address: http://www.oregon.gov/LCD NOTICE OF ADOPTED AMENDMENT August 21, 2006 wow TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Mara Ulloa, Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 002-06 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. A copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: September 5, 2006 This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Gloria Gardiner, DLCD Urban Planning Specialist Stacy Hopkins, DLCD Regional Representative Sean Farrelly, City of Tigard <paa>ya/ IP DEPT OF 2 Notice of Adoption AUG 1 5 zoos THIS FORM MUST BE MAILED TO DLCD LAND CONSERVATION WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION AND DEVELOPMENT PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 For DLCD Use Only Jurisdiction: City of Tigard Local file number: DCA2006-00002 Date of.Adoption: August 8, 2006 Date Mailed: August 14, 2006 Date original Notice of Proposed Amendment was mailed to DLCD: April 21, 2006 El Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The City proposes amending the uses allowed under Civic uses (Section 18.130.120.B.4). For Public Institutions, incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services) would be allowed. In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Sign section (18.780.090). Describe how the adopted amendment differs from the proposed amendment. If it is the same,write "SAME". If you did not give Notice for the Proposed Amendment,write "N/A". N/A Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New. N/A Applicable Statewide Planning Goals: 1 &2 Was and Exception Adopted? ❑ YES ® NO DLCD File No.: CXD 2-Q 6, (i -i ,ô) • Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment Forty-five (45) days prior to first evidentiary hearing? ® Yes ❑ No If no,do the statewide planning goals apply? ❑ Yes ❑ No If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Sean Farrelly, Associate Planner Phone: (503) 639-4171 Extension: 2420 Address: 13125 SW Hall Boulevard City: Tigard, Oregon Zip Code + 4: 97223-8189 Email Address: sear@tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610,OAR Chapter 660-Division 18. COPIES TO Metro Land Use&Planning ODOT-Region 1,District 2-A 600 NE Grand Avenue • Sam Hunaidi,Assistant District Manager Portland,OR 97232-2736 6000 SW Raab Road Portland,OR 97221 1. Send this Form and TWO(2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Submit TWO(2) copies the adopted material, if copies are bounded please submit TWO(2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA maybe filed within TWENTY-ONE (21) days of the date,the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD,you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form onto 8-1/2x11 green paper only, or call the DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518;or Email your request to mara.ulloa@state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. 3 • • QTY OF TIGARD,OREGON TIGARD QTY COUNOT. ORDINANCE NO. 06- /3 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.130 AND 18.780, TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS AND TO CREATE A "CULTURAL INSTITUTION AUXILIARY SIGN' CATEGORY(DCA 2006-00002.) WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.130 and 18.780, to allow incidental and subordinate commercial uses in Cultural Institutions and create a new"Cultural Institution Auxiliary Sign" category;and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public meeting on June 5, 2006, and recommended approval of the proposed amendment by motion with a unanimous vote; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.130, 18.380, 18.390, and 18.780; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2. WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECIION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECIION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No.06- 15 Page 1 I:\LRPLN\Cvunrr7 Materials\2006\7 1106 ATTACH 1 Cult Inst Ortiinance.doc • • PASSED: By k la j o r vote of all Council members present after being read by number and title only, this E—`' day of: 4.u5ets--1-- ,2006. • ra_*}}9.41.ts-Is 011:00111 .Q.LA1, Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 2006. Craig Icasen,Mayor Approved as to form City omey Date Certified to be a true copy of the Original on file at City of Ti- Ci Hall. City Recorder, City of Tigard Date T I GA Kb • ORDINANCE No.06- f 3 Page 2 L\LRPLN\Council Materials\2006\7 1106 ATTACH 1 Cult Inst Ordinance.doc • • EXHIBIT A D CA 2006-00002 PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries.May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. Chapter 18.780 SIGNS Section 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign"means a sign placed and maintained by, or on behalf of, a subordinate commercial use in a Cultural Institution. [Renumber definitions after No. 12 according to the above amendment.] Section 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution Auxiliary. Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. 4t4 .4;%I May 24 . 2006 PREPARED B : Sea I Farrelly DATE Associate Planner 41 May 24 2006 APPROVED BY: Tom �4 - DA"1'E Interim Community Development Director DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 5 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION 120 DAYS =N/A DATE OF FILING: 8/8/2006 • DATE MAILED: 8/14/2006 If CITY OF TIGARD TI,GARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number. DEVELOPMENT CODE AMENDMENT(DCA)2006-00002 Case Name: CODE AMENDMENT TO ALLOW INCIDENTAL&SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS Applicant's Name/Address: City of Tigard 13125 SW Hall Boulevard Tigard,Oregon 97223 Owner's Names/Addresses: N/A Address of Property: Within Cultural Institutions Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 06-13). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION FIELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON E 5, 2006 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO FIELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON JULY 11, 2006 and AUGUST 8, 2006 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FAd1S, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Subject > The applicant is requesting approval of. a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Chapter 18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Sign Section (18.780.090). AT THE CLOSE OF THE RECORD ON AUGUST 8, 2006, THE CITY COUNCIL BY MAJORITY VOTE APPROVED THIS REQUEST (Ordinance No. 06-13). ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and.2;and Statewide Planning Goal 1. Action: > © Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: C3 Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties E2 The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON SEPTEMBER 7,2006. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent to appeal with the Oregon Land Use Board of Appeals (LUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.06-i 3 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.130 AND 18.780, TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS AND TO CREATE A "CULTURAL INSTITUTION AUXILIARY SIGN" CATEGORY(DCA 2006-00002.) WHEREAS,the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.130 and 18.780, to allow incidental and subordinate commercial uses in Cultural Institutions and create a new"Cultural Institution Auxiliary Sign" category;and WHEREAS,notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing;and WHEREAS, the Tigard Planning Commission held a public meeting on June 5, 2006, and recommended approval of the proposed amendment by motion with a unanimous vote;and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS, the Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.130, 18380, 18.390, and 18.780; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goals 1 and 2. WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard , - NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: - SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. • SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the CityRecorder. ORDINANCE No.06- /5 Page 1 L-\LRPIN\Couna7 Materials\2006\7 1106 ATTACH Gilt Irst Osdinance.doc • • PASSED: By 1110-j vote of all Council members present after being read by number and title only, this E—`' day of:�-a5 -� ,2006. i W a • Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of • 14.)p7E' ,2006. Craig D. en,Mayor Approved as to form 4")-21`a City orney (4,4 Date Certified to be a true copy of the Original on file at City of • Ti_ Ci Hall. /,et, °P ;411 CI City Recorder, City of Tigard 4 Date TI G A R D • • ORDINANCE No.06- t 3 Page 2 L\LRPLN\Council Materials\2006\7 11 06 ATTACH 1(1k last Ordinance4oc • EXHIBIT A• DCA 2006-00002 PROPOSED AMENDMENTS TO . THE TIGARD COMMUNITY DEVELOPMENT CODE ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories B. Civic use types. . 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries.May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. Chapter 18.780 SIGNS Section 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign"means a sign placed and maintained by, or on behalf of, a subordinate commercial use in a Cultural Institution. [Renumber definitions after No. 12 according to the above amendment.] Section 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs . . 1. Cultural Institution Auxiliary Signs shall.-be permitted in all zoning districts. 2. Cultural Institution Auxiliary. Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the. Cultural Institution.A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural : - . . Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. • • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. 4:II .� May 24 2006 PREPARED B S Farrelly DATE Associate Planner �� % ' • :/ May 24 . 2006 APPROVED BY: Tom ". - DATE Interim Community Development Director DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 5 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • M 2 Notice of Adoption THIS FORM MUST V O ?to ORM MUS BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 For DLCD Use Only Jurisdiction: City of Tigard Local file number: DCA2006-00002 Date of Adoption:August 8,2006 Date Mailed: August 14, 2006 Date original Notice of Proposed Amendment was mailed to DLCD: April 21, 2006 El Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment El Zoning Map Amendment ❑ New Land Use Regulation El Other. Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". The City proposes amending the uses allowed under Civic uses (Section 18.130.120.B.4). For Public Institutions, incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services) would be allowed. In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Sign section (18.780.090). Describe how the adopted amendment differs from the proposed amendment. If it is the same,write "SAME". If you did not give Notice for the Proposed Amendment,write "N/A". N/A Plan Map Changed from: N/A to: N/A Zone Map Changed from: N/A to: N/A Location: Citywide Acres Involved: N/A Specify Density: Previous: N/A New N/A Applicable Statewide Planning Goals: 1 &2 Was and Exception Adopted? ❑ YES ® NO DLCD File No.: • 1110 r: y , Did the Department of,Land Conservation and Development receive a Notice of Proposed Amendment ., , :'Forty-, vs (2,0) days prior to first evidentiary hearing? ® Yes ❑ No ',4,,.`°'-I lno; o the statewide planning goals apply? Yes No �. � P g g PP Y? ❑ ❑ `. If no, did Emergency Circumstances require immediate adoption? ❑ Yes ❑ No Affected State or Federal Agencies,Local Governments or Special Districts: City of Tigard Local Contact: Sean Farrelly,Associate Planner Phone: (503) 639-4171 Extension: 2420 Address: 13125 SW Hall Boulevard City. Tigard, Oregon Zip Code +4: 97223-8189 Email Address: sean@tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610,OAR Chapter 660-Division 18. COPIES TO Metro Land Use&Planning ODOT-Region 1,District 2-A 600 NE Grand Avenue Sam Hunaidi,Assistant District Manager Portland,OR 97232-2736 6000 SW Raab Road Portland,OR 97221 1. Send this Form and TWO(2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Submit TWO(2) copies the adopted material, if copies are bounded please submit TWO(2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date,the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD,you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form on to 8-1/2x11 green paper only, or call the DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518;or Email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. • • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.06-i 3 AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.130 AND 18.780, TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS AND TO CREATE A "CULTURAL INSTITUTION AUXILIARY SIGN" CATEGORY(DCA 2006-00002_). WHEREAS,the applicant has requested an amendment to the 'Tigard Community Development Code Chapters 18.130 and 18.780, to allow incidental and subordinate commercial uses in Cultural Institutions and create a new"Cultural Institution Auxiliary Sign" category;and WHEREAS,notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing;and WHEREAS, the Tigard Planning Commission held a public meeting on June 5, 2006, and recommended approval of the proposed amendment by motion with a unanimous vote; and • WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances;and WHEREAS, the Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.130, 18.380, 18.390, and 18.780; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goals 1 and 2. WHEREAS,the Tigard City Council has determined that the proposed development code amendment • is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard , NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SEC11ON 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. ORDINANCE No.06- 15 Page 1 I:\LRPLN\Couna7 Materials\2006\7 1106 ATTACH 1 Gift Inst Ordinance.doc • S PASSED: By Vf 0j p r i vote of all Council members present after being read by number and title only, this I' day of,.--4-t.t�r` -1- ,2006. 61.Q UJ Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of ,2006. Craig D. en,Mayor Approved as to form 74---j014-12 City • orney Date Certified to be a tare copy of the Original on file at 61140_49 11 City Recorder, City of Tigard Date TI G A R D ORDINANCE No.06- Page 2 1\LRPLN\Council Materials\2006\7 1106 ATTACH 1 Cuh Inst Ordinance doc • • EXHIBIT A DCA 2006-00002 PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries.May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. Chapter 18.780 SIGNS Section 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign"means a sign placed and maintained by, or on behalf of, a subordinate commercial use in a Cultural Institution. [Renumber definitions after No. 12 according to the above amendment.] Section 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs 1. Cultural Institution Auxiliary Signs sball:be permitted in all zoning districts. 2. Cultural Institution Auxiliary. Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the. Cultural Institution.A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural : Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. ..� Al Jill May 24 2006 PREPARED B : S-. • Farrelly A DATE Associate Planner ,/C7 % ' • i/ May 24,2006 APPROVED BY: Tom �4 - DATE Interim Community Development Director • DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 5 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • U.S. Postal Service,. lm CERTIFIED MAILTM RECEIPT IN (Domestic Mail Only;No Insurance Coverage Provided) Ir` For delivery information visit our website at www.usps.con , ' g m ° i"-C1Dr4t. ! i i-a Postage rl O Certified Fee MIMI -�C p h® '' Ip Return Reciept Fee Fif \ (Endorsement Required) ' (,Q r )9/,\ 1 m Restricted Delivery Fee rq 4a9 ..D (Endorsement Required) L ru ni Total Postage&Fees �, Lyd � m p Sent To a ,ATTN: PLAN AMENDMENT SPECIALIST N s`aeet,Aar_ivoOregon Dept. of Land Conservation & Devel oiPZi.635 Capital Street NE, Suite 150 S City,S tate,,IIf Salem, OR 97.301-2540 PS Form 3800,June 2002 See Reverse for Instructions —J 1 - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete - [ , • item 4 if Restricted Delivery is desired. 1 / �� , ' ❑Agent ■ Print your name and address on the reverse / li(/'Lg Addressee so that we can return the card to you.- r;eceived by frri,4 - .y D. iof D ivery • Attach this card to the back of the mailpiece, •)L—IA V ILL �, _ U5 J/° l or on the front if space permits. 4 I D. Is delivery ;ress d it=nt from item 1? ❑Ye. } 1. Article Addressed to: If YES,ent--delivery address below: ❑ No II ATTN: PLAN AMENDMENT SPECIALIST , ',Oregon Dept. of Land Conservation &Dever • 1635 Capital Street NE, Suite 150 3. Service Type I ii Salem, OR 97301-2540 Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise i ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ,I 2. Article Number 7003 2260 0001 6391 7733 I I (Transfer from service label) r I 1 PS Form 3811,February 2004 Domestic Retum Receipt _102595-o2-M-1540+ • ACA - ° v"-L IN 11111 MEMORANDUM T I GARD TO: Mayor and City Council FROM: Tom Coffee, Community Development Director RE: Commercial Signage at the Library DATE: August 3, 2006 On July 11, 2006, the City Council held a public hearing on DCA 2006-00002 Incidental Commercial Uses in Cultural Institutions. This Development Code amendment would establish incidental commercial uses as permitted uses in cultural institutions that may be located in residential areas. This amendment would also specifically allow limited signage at the Library for the coffee shop facility that was planned and included in the building at the public's request. The Council continued the hearing to August 8, 2006 to allow time for staff to contact the prospective vendor of the shop to determine if the proposed sign location and size limitations would be of concern to the new shop operator. Staff has learned that a lease agreement with the Fireside Coffee Lodge was signed on June 27, 2006. Staff who negotiated the lease reported that the proposed sign size and location limitations were not an issue for the Lessee. The Lessee did inquire about a temporary "opening" sign which is permitted for up to 30 days. Signage is also allowed within the building under current code provisions. Staff recommends that the subject Development Code amendment be adopted as recommended by the Planning Commission. ■ • 0 TIGARD CITY COUNCIL MEETING AI July 11,2006 6:30 p.m. CITY HALL 13125 SW HALL BLVD 4 1�.1^ TIGARD,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext.2410(voice) or 503-684-2772 (i'DD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters_ Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice), or 503-684-2772 (MD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA CITY COUNCIL AGENDA —July 11,2006 page 1 • AGENDA TIGARD CITY COUNCIL MEETING JULY 11, 2006 6:30 PM • STUDY SESSION > Discussion on Council Groundrules • EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss real property transaction negotiations and consultation with legal counsel concerning current litigation or litigation likely to be filed under ORS 192.660(2)(e) and (2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action-or making any final decision_Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order-City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 735 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) • Follow-up to Previous Citizen Communication 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for June 13,2006 3.2 Receive and File: a. Council Calendar b.Tentative Agenda 3.3 Approve an Annual Merit Pay Adjustment for the City Manager CITY COUNCIL AGENDA —July 11,2006 page 2 • • Consent Agenda -Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. TUALATIN VALLEY FIRE AND RESCUE (TVF&R)DEPLOYMENT REPORT • Staff Introduction: Public Works Department • Report Presentation: TVF&R Assistant Chief Paul LeSage 8:15 PM 5. PUBLIC HEARING (LEGISLATIVE) — ENTRYWAY SIGN CODE AMENDMENT (DCA 2006-00001) REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition • of"Entryway Signs",and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts_ LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090;Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. • a. Open Public Hearing b. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. c. Staff Report Community Development Department d. Public Testimony Proponents Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No.06- CITY COUNCIL AGENDA —July 11,2006 page 3 • • 8:30 PM 6. PUBLIC HEARING (LEGISLATIVE) - INCIDENTAL USES IN CULTURAL INSTITUTIONS CODE AMENDMENT(DCA 2006-00002) REQUEST: The applicant is requesting approval of a Development_Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop,bookstore, and limited food and beverage services). In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Sign Section (18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780:090; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. a. Open Public Hearing b. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. c. Staff Report: Community Development Department d. Public Testimony Proponents • Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 06- 9:00 PM 7. COMMENTS TO WASHINGTON COUNTY COMMISSIONERS REGARDING PROPOSED BULL MOUNTAIN INCORPORATION • Staff Presenter: Community Development • 9:30 PM. 8. COUNCIL LIAISON REPORTS • 9. NON AGENDA ITEMS • CITY COUNCIL AGENDA —July 11,2006 page 4 • • �. 10. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:35 PM • It ADJOURNMENT. i:ladm\cattryycca120061D60711.doc CITY COUNCIL AGENDA —July 11,2006 page 5 . • • • • Agenda Item# 6 Meeting Date July 11,2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Title Legislative Public Hearing- Incidental Commercial Uses in Cultural Institutions Code Amendment (DCA 2006-00002) Prepared By. Sean Farrelly Dept Head Okay 7G- City Mgr Okay OF ISSUE BEFORE Tim COUNCIL Should the Council approve the requested Development Code Amendment to allow incidental and subordinate commercial uses in Cultural Institutions and create a category of Cultural Institution Auxiliary Signs? STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment by adopting the attached ordinance and text amendments (Attachment 1), as recommended by motion of the City of Tigard Planning Commission. KEY FACTS AND INFORMATION SUMMARY The proposed amendment would clarify the status of a cafe that occupies the space in the Tigard Library by allowing incidental and subordinate uses in Cultural Institutions.A new category of Cultural Institution Auxiliary Signs would be created with strict limits. Only one sign is allowed and is limited to 4 square feet per face.The sign must be either within an existing free standing sign,or a wall sign,consistent in structure and materials with any existing wall sign on the Cultural Institution. Staff drafted proposed changes to amend the Use Chapter (18.130) and Sign Chapter (18.780) of the Tigard Community Development Code. Notice procedures in the development code,including publication of notice in the paper, and written notice to the appropriate agencies were met. On June 5, 2006, the Tigard Planning Commission held a public hearing on the proposed changes. They recommended approval of the amendment by a unanimous vote(Attachment 2). OTHER ALTERNATIVES CONSIDERED None were considered. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Not applicable. I:\LRPLN\Council Materials\2006\7 11 06 AIS Cultural Inst.doc 1 • • Attachment 1: Ordinance adopting the code amendments Exhibit A: Proposed Code text changes Attachment 2: June 5, 2006 Approved Planning Commission meeting minutes Attachment 3: Staff Report to the Planning Commission FISCAL NOTES Not applicable I:\LRPLN\Council Materials\2006\7 11 06 AIS Cultural Inst.doc 2 • • ATTACHMENT CITY OF TIGARD,OREGON TIGARD CITY COUNCIL --- -- -- ----- -----------------ORDINANCE NO. 06- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTERS 18.130 AND 18.780, TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS AND TO CREATE A "CULTURAL INSTITUTION AUXILIARY SIGN" CATEGORY(DCA 2006-00002.) WHEREAS,the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.130 and 18.780, to allow incidental and subordinate commercial uses in Cultural Institutions and create a new"Cultural Institution Auxiliary Sign" category,and WHEREAS,notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing;and WHEREAS, the Tigard Planning, Commission held a public meeting on June 5, 2006, and recommended approval of the proposed amendment by motion with a unanimous vote; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.130, 18.380, 18.390, and 18.780; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2. WHEREAS,the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECIIEON 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City CounciL SEC'l1ON 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. ORDINANCE No.06- Page 1 I:\LRPLN Council Materials\2006\7 1106 ATTACH 1 Cult Inst Ordinance doc • • PASSED: By vote of all Council members present after being read by number and title only,this day of ,2006. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of ,2006. Craig Dirksen;Mayor Approved as to form: City Attorney Date ORDINANCE No.06- Page 2 I:\LRPLN\Council Materials\2006\7 1106 ATTACH 1 Gilt Inst Ordinance.doc • • EXHIBIT A DCA 2006-00002 PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section.18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries.May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. Chapter 18.780 SIGNS Section 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign"means a sign placed and maintained by, or on behalf of, a subordinate commercial use in a Cultural Institution. [Renumber definitions after No. 12 according to the above amendment.] Section 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution Auxiliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. • • ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 5, 2Q06 1. CALL TO ORDER President Inman called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall.Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Brown,Buehner, Caffall,Duling, Meads, and.Munro. Also present was Jeremy Vermilyea,Commission alternate. Commissioners Absent: Commissioners Harbison and Walsh Staff Present: Dick Bewersdorff,Planning Manager,Barbara Shields, Long Range Planning Manager;Sean Family,Associate Planner,Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS • Commissioner Caffall reported that the Transportation Financing Task Force has been discussing the Hwy. 99W corridor improvements. When the improvements are under construction,they will try to eliminate some of the entry and exit ways along 99W to help improve traffic flow. The system development program is moving quickly. The grant for the Hwy. 99W improvements is scheduled to be complete by June 1st,however it most likely will be delayed. The Task Force also discussed Greenburg Road and the proposal to realign Center Street. The Burnham Street projects are all funded and ready to go. The Task Force will approach Council for a 3(t gas tax to help fund some of the improvements. Commissioner Buehner advised that the City received notice 8 months ago that the federal grant was approved. ODOT is just now developing the work program. Evidently,this is the first time ODOT has done one of these grants and they have to create a process. The Transportation Financing Task Force has also been discussing the possibility of implementing a City Traffic Impact Fee. Commissioner Duling reported that members of the Committee for Citizen Involvement recently attended neighborhood workshops. Commissioner Duling attended the one at Tigard High School. She said the meeting was informative. PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page I • • . Commissioner Buehner advised that there have been some changes with the City Center Advisory Commission. There have been issues with respect to leadership and micromanaging. The Commission went to mediation last fall to resolve issues with the boundaries for the Downtown area. Last week,the Commission called for a vote of no confidence in the leadership. The Commission voted to replace the Chair and then elected Carl Switzer as the new Chair. Commissioner Buehner believes there have been some resignations of Commission members since then,however those that have stayed are very excited about continuing their work. The Commission will hold 2 meetings within the next 2 weeks and report to Council on June 20th. Commissioner Munro advised that CCAC members had requested the resignation occur outside of the Commission. She regrets that members have resigned— they contributed a great deal of time and effort and were a resource that nobody wanted to lose. Commissioner Meads noted that the Park and Recreation Advisory Board has not met. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the May 15,2006 meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioner Duling abstained. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00001 ENTRYWAY SIGNS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Code Chapter(18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: Caty.wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that installing entryway signs is a part of the City's effort to enhance its sense of identity. Currently,there are no provisions in the Development Code allowing this type of sign. This proposal will amend the sign chapter of the Development Code to add a definition of an entryway sign. It will also add a Special Condition Signs section, permitting entryway signs in all districts. PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 2 • • Farrelly advised that the proposal is consistent with the stated purpose of the sign chapter. There will be a limited number of these signs and they are unlikely to distract.motorists or create sign clutter. The signs will be erected by the City along public roads at entry points into the City to promote the City's image and sense of identity. He said staff recommends the Planning Commission approve the proposal and make a final recommendation to Council. Staff provided the following answers in response to questions and comments from Commissioner Meads: • The City is not proposing to replace existing entryway signs. These will be additional signs. The entryway signs will be more like a monument style. • At this point, it's unknown how many signs will be installed. They will be installed along roads at prominent entry points into the City. • Staff has not seen any plans yet for the signs. At this point, it is unknown how large the signs will be or what the graphics will look like. The signs will most likelyhave the City logo,with the words, "Now Entering the City of Tigard". • It is unknown what the exact cost will be. The signs will be paid from the Public Works budget. If there isn't funding for the signs,they won't be installed. Cost is not an issue with regard to changing the code. Commissioner Meads noted that all signs are a distraction- the point of having a sign is to draw people's attention to it.. She also believes that installing more signs is adding to the proliferation of signs. Staff responded that the plan is to just have them at prominent points in the City- it may just be a handful of signs. This is a part of the branding process for the City. Commissioner Caffall asked if this proposal wasn't premature. We don't know the size; location, what the signs will look like, or how they will be paid for. He would prefer if staff came with more information - perhaps even a prototype. How can he justify voting for something that he hasn't seen? Staff responded that the City just does not know the answers at this point, but the Public Works Department will come up with a design that's acceptable to City Council. Commissioner Duling asked about standards for the signs - will they be alike or similar? This is unknown at this point. Commissioner Buehner advised that she has attended Council meetings when this issue has come up. Council has general idea about the size of the sign and what it would say. She thinks Council plans to install signs at 5-6 locations. Council is still finalizing their plans. President Inman asked if the signs would be more of an entryway monument vs. a regular sign. Staff answered yes. It would require agreements from property owners to put them on PLANNING COMMISSION MEETING MINUTES—.Tune 5,2006—Page 3 • • private property. President Inman asked if there would be any review process involved. Staff said it would be a straight permit process. Commissioner Munro noted that the Planning Commission acts as an advisory board to Council. The brand name was adopted by Council. She supports trusting the City and agrees that the Council will make sure funding is available. She stated that the role of the Commission is to look at this in the context of making an amendment to the Code, not to comment on the signs or the budget. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED. Commissioner Buehner moved that the Planning Commission make a recommendation to Council to approve the amendment of the Development Code,DCA 2006-00001,to amend the sign code to allow for entryway signs,as presented in the staff report. Commissioner Munro seconded the motion. The motion passed by.a vote of 5-1. Commissioner Meads voted no and Commissioner Caffall abstained. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00002 CULTURAL INSTITUTIONS CODE.AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter(18.130) and the Sign Code Chapter(18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop,bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Fancily presented the proposal on behalf of the City. He advised that the new public library was designed with lobby space for a cafe to allow limited food and beverage service,mainly for library patrons and people attending events in the meeting room. The library is a cultural institution,which is allowed conditionally in the.R 12 zone. Eating and drinking establishments are not permitted in this zone. This proposed PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 4 • • amendment would clarify the standing of the library's cafe and any similar future situations by adding subordinate and incidental commercial uses to the definition of cultural institutions. The proposal would also call for a new sign category in the Special Condition Signs section of the Development Code. The new category would be called Cultural Institution Auxiliary Signs and would allow the subordinating use to identify itself while restricting the size and placement of the sign. Farrelly reported that accessory uses in cultural institutions are fairly common in other localities. Amending the definition of cultural institutions to allow these incidental and subordinate commercial uses would be beneficial to the institutions and the community. Externalities,such as traffic, are unlikely to be much of an issue because the incidental uses will serve mainly the patrons of the institutions. Signs for the auxiliary use will be unobtrusive - the proposal has a limit of one sign per use, with an area of 4 square feet per face. No new freestanding sign will be allowed. The sign would have to be placed on an existing freestanding sign or on a wall if it is consistent in structure and materials. Staff finds that the amendment meets applicable review criteria and recommends the Planning Commission approve the proposal and make a final recommendation to City Council. Commissioner Duling asked if there was any liability to the City for food and beverage service. Farrelly noted that there would be a detailed contract involved with the vendor. Jeremy Vermilyea advised that presumably, there are indemnity and insurance requirements in the contract documents that would protect the City. Commissioner Buehner asked if this type of use would be allowed in other City-owned buildings. Dick Bewersdorff advised that there was a coffee stand at City Hall previously, but City Hall is in commercial zone. The proposed amendment applies to both commercial and residential zones. Commissioner Meads asked why this matter has suddenly come up. Staff,answered that the City has had problems keeping vendors at the library and they think that a sign will help. Commissioner Meads asked about the revenue. Staff responded that the City receives a base rent and a percentage of the profits. It was noted that the cafe is more of a service to patrons than a money-maker for the City. Staff reported that no other libraries in Washington County have a cafe, but the new library planned for Hillsboro will have one. PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 5 • Commissioner Caffall said no one wants to see a "McDonald's" sign hanging under the library sign. Staff said the signs would be strictly limited to 4 square feet per sign:face. If it's going to be on the wall,it has to be of matching materials and structure. Commissioner Munro advised that TriMet has a number of areas where they would like to have concessionaires. She said that having a.sign'is a common strategy and is needed in order to be competitive. President Inman asked if there were any other places in the City where this would apply and wondered if the City should be limiting this type of use. Staff answered that it would have to be a use that was definitely secondary to the.main.use as a cultural institution. At this time, this is the only facility involved. Also,cultural institutions are a conditional use in residential zones,so they would have to go through the conditional use process. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved to recommend to Council the amendment to the Development Code,DCA 2006-00002,to amend the Use Classification Chapter 18.130 and the Sign Code Chapter 18.780 of the Tigard Community Development Code,as per the staff report and discussions. Commissioner Caffall seconded the motion. The motion passed unanimously. 6. LONG RANGE PLANNING WORK PROGRAM Long Range Planning Manager Barbara Shields discussed the Long Range Planning program and the presentations planned for the Planning Commission for the rest of the year(Exhibit A). She noted that the presentations can be divided into three major groups: • Council goals: Comprehensive Plan Update and Downtown. • Other programs,such as affordable housing,transportation,funding, environmental issues, parks and trails planning. • Overall/global context for city planning:what impacts urbanization in America and how Tigard relates to the rest of the universe (demographics/immigration, new urban ideas,economic changes,social changes, sustainability,information;Think Globally/Plan Locally. • The presenters will be City planners and invited guests. Commissioner Buehner suggested inviting other boards and committees to attend the presentations. Commissioner Munro suggested inviting someone from the TriMet Planning Department to speak. Shields thinks this is a brilliant idea. PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 6 • • Commissioner Buehner asked about the timeline for the Commuter Rail Station. Commissioner Munro believes the final funding for the project is set for September or October. Shields advised that the Planning Commission will be looking at specific design standards as part of the Downtown Involvement Program. Shields gave the Commissioners an assignment: between now and August,take 5-10 pictures that identify what they believe Tigard's sense of place is. Include a short description with each picture. Commissioner Buehner suggested Tigard look at allowing taller buildings (3 or 4 stories) to make more efficient use of space, especially in the Downtown and other commercial areas. 7. OTHER BUSINESS Commissioner Meads asked about being able to hold discussions in the conference room rather than in the public setting, much lie a jury would do during a trial. Commissioner Buehner advised that the public meeting law prevents holding discussions in private. Commissioner Meads would like to see more interactive discussion amongst the Commissioners during hearings. President Inman agreed that discussions should have a lot more interaction. Commissioner Duling expressed dismay at the approval of the Arlington Heights subdivision on Bull Mountain. This project has no parks,no open space,no Bull Mountain Community Plan;there are also tree removal,steep slopes, erosion, and traffic issues. She wonders how this happened. Staff responded that straight subdivisions do not have to go through the Planning Commission. Commissioner Buehner advised that the PD Review Committee would like to incorporate a lot of the Planned Development code changes into the Subdivision code. Commissioner Duling considers this the "rape of Bull Mountain". 8. ADJOURNMENT The meeting adjourned at 8:23 p.m. Jerre- -wis,Plannin: Commission Secretary AI.IEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 7 . . • • ATTACHMENT 3 Agenda Item: Hearing Date: June 5,2006 Time: 7:00 PM 1 . _.... ,. _ _.. ... , . ... . : "C�T'Y.O�F�TI;G�.RD T I GARD_`: .,... ., .. . ,. ..._. . . ...n.,._ _ .a/.._ N`o'n ; _ yr ....-..... :'.:..:;-..-. -.-«�•':',=.u`la's__.,..r.0 w... .... .,.v ._ ._ ....i:.F:-.,.z.�-"'.:.`.-s_ �.'Y.%.':r,.. :A.h:.: .. - -- SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS FILE NO.: Development Code Amendment(DCA) DCA2006-00002 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as gift shops, bookstores, and limited food and beverage services) in Cultural Institutions. In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs section (18.780.090). APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Within Cultural Institutions. COMP PLAN/ ZONING DESIGNATION: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2. DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 1 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION . • • • • ti ' • •. • • SECTION II. STAFF RECOMMENDATION • 1�. e.`.t:c_o e-'r=F n'.."s£y.R.,�k a`�:"a a� '.-+T-,omy•se,.,,7-.V+r_• r f.. _;:'.`Y.`r`�89`d, -t-^ _s ` ``.ap;.rp_3cu- '*x8 r.E«t.i1;G".'..¢•1-n f::'.. 4>.r.<'>.1%.-�`ff`�=33•ix P-Ka..:;=.'_:%.�'�=_'..�.�s:,,,?;s:-ye•,-:s`.`'+c.'.�.xue:-nem';_✓tz u i?-:sl?- • l'e£ ��� �..X`•:3!S, .sn- -�. �..- a' ,., �sa"��Cr •�T' .�v 72,? as4D ts -ae' i I 'eka -env 'r-DeM$51..:1.14='*W�—'0+w %::- "a.�, `> §�w. �.?'�•4 fir:. e a•'J1: ��'��::i:Stl` :ti'...iv''-�'S•�C � }�'iai> tf,S'_:'.�?e�c, sic' '�� . z�',?r,..�c._. ,. ..... SECTION III. BACKGROUND INFORMATION The new Tigard Public Library opened in '2004. As a result of feedback from citizen surveys, the new library building was designed with lobby space for a cafe to offer limited food and beverage services to patrons. • The status of a cafe that occupies the space in the Tigard Library needs to be clarified. Libraries are considered Cultural Institutions in the Civic Use category in the Tigard Development Code. Cultural Institutions are a Conditional Use in the R-12 Zone (which the library is within.) Eating and Drinking . Establishments are Not Permitted uses in the R-12 zone (Table 18.510.1). However, a cafe in a library is an accessory use, open only during library hours and serving mainly library patrons and peopie attending events in the Community Room. This proposed amendment would clarify the standing of this cafe as a subordinate auxiliary use to the main Cultural Institutional use of the library. A wider benefit of this amendment is allowing convenient services for patrons of Cultural Institutions, as well as supplemental income for public and non-profit entities. The externalities associated with commercial uses, such as-increased traffic; are unlikely to be an issue because these incidental uses will serve mainly patrons of the institutions. Accessory uses in cultural institutions have become fairly common in other localities. The main branch of the Multnomah County Library has a gift shop in its lobby. Many museums, such as the Oregon Historical Society, have gift shops and/or food service located within their buildings. A new classification, Cultural Institution Auxiliary Signs, is proposed to be created in Chapter 18.780: Signs. This type of sign would be restricted in size, and would enable the subordinate use to identify itself. • SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure,as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition; the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD: The following Statewide Planning Goals are applicable to this proposal: • Statewide Planning Goal 1— Citizen Involvement: • This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans .and for DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL - INSTITUTIONS • PAGE 2 OF 5 • • changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing.Two Public Hearings are being held (one before the Planning Commission and the second before the City Council) in which public input is . welcome. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process,for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations that this amendment directly impacts. APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policies 2.1.1,2.1.2, and 2.1.3.: Citizen Involvement These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort and that information on land use planning issues shall be available in understandable form for all interested citizens. This policy is satisfied because notice of the Planning Commission public hearing was published in the Tigard Times on May 18, 2006. Notice will be published again prior to the City Council public hearing. The written notices invited public input and included the phone number of a contact person to answer any questions.The information was written in plain, understandable language that avoided jargon. APPLICABLE PROVISION OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Section 18.130 This chapter classifies uses into a limited number of use types on the basis of common characteristics, to provide a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. Cultural Institutions is a classification under Civic Type Uses. Amending the definition to allow incidental and subordinate commercial uses would be beneficial to the institutions and the community. The externalities associated with commercial uses (traffic, etc.) are unlikely to be an issue because the incidental uses will serve mainly patrons of the institutions. The uses will operate during the times the Cultural Institution is open.. As Cultural Institutions are conditional uses in Residential zones any new public institution with a subordinate commercial use would have to address the impact on the surrounding neighborhood during the application process. DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS .. PAGE 3 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION . . , • • Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this title and zoning district map. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, 'as governed by Section 18.390.06OG. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors (reviewed above), including: 1) Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable METRO regulations, 4) applicable comprehensive plan policies,and 5) applicable provisions of the City's implementing ordinances. Tigard Development Code Chapter 18.780:.Signs This chapter establishes procedures and criteria for erecting signage within the City. The purpose of the sign regulations is: 1. To protect the health, safety,property and welfare of the public; 2. To promote the neat, clean,'orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4.To insure for safe construction, location,erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter;and 6. To minimize distractions for motorists on public highways and streets. This proposal for Cultural Institution Auxiliary Signs is consistent with the stated purpose. Such a sign would allow an incidental commercial use in a Cultural Institution to identify itself. It is possible that the sign could attract a passing motorist to the use. However, since the subordinate use is only open when the institution is open, significant additional traffic is not likely to be generated by such a sign. Any signs that are erected would be unobtrusive, since the proposal limits the sign area to 4 square feet per face. If a wall sign is erected it must be consistent in structure and materials with any existing wall sign on the Cultural Institution. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Long Range Planning Division, Building Division, Community Development Department, Police Department, and Public Works have had an opportunity to review this proposal and have no objections. SECTION VI. OUTSIDE AGENCY COMMENTS The Oregon Department of Land Conservation and Development, Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, and the Planning Directors of the cities of Durham, King City, Lake Oswego, Portland, and Tualatin, were notified of the proposed amendments and did not respond. The Planning Director of the City of Beaverton responded and had no objections. DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 4 OF 5 . • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. May 24 , 2006 PREPARED BY: Sean Farrelly DATE Associate Planner May 24 , 2006 APPROVED BY: Tom Coffee DATE Interim Community Development Director DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 5 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • A 2_00L,-- 0 �� CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 5,2006 1. CALL TO ORDER President Inman called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Brown, Buchner, Caffall,Duling, Meads, and Munro. Also present was Jeremy Vermilyea, Commission alternate. Commissioners Absent: Commissioners Harbison and Walsh Staff Present: Dick Bewersdorff,Planning Manager,Barbara Shields,Long Range Planning Manager, Sean Farrelly,Associate Planner;Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Caffall reported that the Transportation Financing Task Force has been discussing the Hwy. 99W corridor improvements. When the improvements are under construction,they will try to eliminate some of the entry and exit ways along 99W to help improve traffic flow. The system development program is moving quickly. The grant for the Hwy. 99W improvements is scheduled to be complete by June 1st,however it most likely will be delayed. The Task Force also discussed Greenburg Road and the proposal to realign Center Street. The Burnham Street projects are all funded and ready to go. The Task Force will approach Council for a 34 gas tax to help fund some of the improvements. Commissioner Buehner advised that the City received notice 8 months ago that the federal grant was approved. ODOT is just now developing the work program. Evidently,this is the first time ODOT has done one of these grants and they have to create a process. The Transportation Financing Task Force has also been discussing the possibility of implementing a City Traffic Impact Fee. Commissioner Duling reported that members of the Committee for Citizen Involvement recently attended neighborhood workshops. Commissioner Duling attended the one at Tigard High School. She said the meeting was informative. PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 1 • • Commissioner Buehner advised that there have been some changes with the City Center Advisory Commission. There have been issues with respect to leadership and micromanaging. The Commission went to mediation last fall to resolve issues with the boundaries for the Downtown area. T ast week, the Commission called for a vote of no confidence in the leadership. The Commission voted to replace the Chair and then elected Carl Switzer as the new Chair. Commissioner Buehner believes there have been some resignations of Commission members since then, however those that have stayed are very excited about continuing their work. The Commission will hold 2 meetings within the next 2 weeks and report to Council on June 20th. Commissioner Munro advised that CCAC members had requested the resignation occur outside of the Commission. She regrets that members have resigned— they contributed a great deal of time and effort and were a resource that nobody wanted to lose. Commissioner Meads noted that the Park and Recreation Advisory Board has not met. 4. APPROVE MEETING MINUTES • It was moved and seconded to approve the May 15,2006 meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioner Duling abstained. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00001 ENTRYWAY SIGNS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that installing entryway signs is a part of the City's effort to enhance its sense of identity. Currently, there are no provisions in the Development Code allowing this type of sign. This proposal will amend the sign chapter of the Development Code to add a definition of an entryway sign. It will also add a Special Condition Signs section, permitting entryway signs in all districts. PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 2 • • Farrelly advised that the proposal is consistent with the stated purpose of the sign chapter. There will be a limited number of these signs and they are unlikely to distract motorists or create sign clutter. The signs will be erected by the City along public roads at entry points into the City to promote the City's image and sense of identity. He said staff recommends the Planning Commission approve the proposal and make a final recommendation to Council. Staff provided the following answers in response to questions and comments from Commissioner Meads: • The City is not proposing to replace existing entryway signs. These will be additional signs. The entryway signs will be more like a monument style. • At this point, it's unknown how many signs will be installed. They will be installed along roads at prominent entry points into the City. • Staff has not seen any plans yet for the signs. At this point, it is unknown how large the signs will be or what the graphics will look like. The signs will most likely have the City logo,with the words, "Now Entering the City of Tigard". • It is unknown what the exact cost will be. The signs will be paid from the Public Works budget. If there isn't funding for the signs, they won't be installed. Cost is not an issue with regard to changing the code. Commissioner Meads noted that all signs are a distraction - the point of having a sign is to draw people's attention to it. She also believes that installing more signs is adding to the proliferation of signs. Staff responded that the plan is to just have them at prominent points in the City- it may just be a handful of signs. This is a part of the branding process for the City. Commissioner Caffall asked if this proposal wasn't premature. We don't know the size, location,what the signs will look like, or how they will be paid for. He would prefer if staff came with more information - perhaps even a prototype. How can he justify voting for something that he hasn't seen? Staff responded that the City just does not know the answers at this point, but the Public Works Department will come up with a design that's acceptable to City Council. Commissioner Duling asked about standards for the signs - will they be alike or similar? This is unknown at this point. Commissioner Buehner advised that she has attended Council meetings when this issue has come up. Council has general idea about the size of the sign and what it would say. She thinks Council plans to install signs at 5-6 locations. Council is still finalizing their plans. President Inman asked if the signs would be more of an entryway monument vs. a regular sign. Staff answered yes. It would require agreements from property owners to put them on PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 3 • • private property. President Inman asked if there would be any review process involved. Staff said it would be a straight permit process. Commissioner Munro noted that the Planning Commission acts as an advisory board to Council. The brand name was adopted by Council. She supports trusting the City and agrees that the Council will make sure funding is available. She stated that the role of the Commission is to look at this in the context of making an amendment to the Code, not to comment on the signs or the budget. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved that the Planning Commission make a recommendation to Council to approve the amendment of the Development Code,DCA 2006-00001,to amend the sign code to allow for entryway signs, as presented in the staff report. Commissioner Munro seconded the motion. The motion passed by a vote of 5-1. Commissioner Meads voted no and Commissioner C'affall abstained. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter(18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that the new public library was designed with lobby space for a cafe to allow limited food and beverage service, mainly for library patrons and people attending events in the meeting room. The library is a cultural institution, which is allowed conditionally in the R-12 zone. Eating and drinking establishments are not permitted in this zone. This proposed PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 4 • • amendment would clarify the standing of the library's cafe and any similar future situations by adding subordinate and incidental commercial uses to the definition of cultural institutions. The proposal would also call for a new sign category in the Special Condition Signs section of the Development Code. The new category would be called Cultural Institution Auxiliary Signs and would allow the subordinating use to identify itself while restricting the size and placement of the sign. Farrelly reported that accessory uses in cultural institutions are fairly common in other localities. Amending the definition of cultural institutions to allow these incidental and subordinate commercial uses would be beneficial to the institutions and the community. Externalities, such as traffic, are unlikely to be much of an issue because the incidental uses will serve mainly the patrons of the institutions. Signs for the auxiliary use will be unobtrusive - the proposal has a limit of one sign per use, with an area of 4 square feet per face. No new freestanding sign will be allowed. The sign would have to be placed on an existing freestanding sign or on a wall if it is consistent in structure and materials. Staff finds that the amendment meets applicable review criteria and recommends the Planning Commission approve the proposal and,make a final recommendation to City Council. Commissioner Duling asked if there was any liability to the City for food and beverage service. Farrelly noted that there would be a detailed contract involved with the vendor. Jeremy Vermilyea advised that presumably, there are indemnity and insurance requirements in the contract documents that would protect the City. Commissioner Buehner asked if this type of use would be allowed in other City-owned buildings. Dick Bewersdorff advised that there was a coffee stand at City Hall previously, but City Hall is in commercial zone. The proposed amendment applies to both commercial and residential zones. Commissioner Meads asked why this matter has suddenly come up. Staff answered that the City has had problems keeping vendors at the library and they think that a sign will help. Commissioner Meads asked about the revenue. Staff responded that the City receives a base rent and a percentage of the profits. It was noted that the cafe is more of a service tO patrons than a money-maker for the City. Staff reported that no other libraries in Washington County have a cafe, but the new library planned for Hillsboro will have one. PLANNING COMMISSION MEETING MINUTES-June 5,2006-Page 5 • • Commissioner Caffall said no one wants to see a "McDonald's" sign hanging under the library sign. Staff said the signs would be strictly limited to 4 square feet per sign face. If it's going to be on the wall, it has to be of matching materials and structure. Commissioner Munro advised that TriMet has a number of areas where they would like to have concessionaires. She said that having a sign is a common strategy and is needed in order to be competitive. President Inman asked if there were any other places in the City where this would apply and wondered if the City should be limiting this type of use. Staff answered that it would have to be a use that was definitely secondary to the main use as a cultural institution. At this time, this is the only facility involved. Also, cultural institutions are a conditional use in residential zones, so they would have to go through the conditional use process. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved to recommend to Council the amendment to the Development Code,DCA 2006-00002,to amend the Use Classification Chapter 18.130 and the Sign Code Chapter 18.780 of the Tigard Community Development Code, as per the staff report and discussions. Commissioner Caffall seconded the motion. The motion passed unanimously. 6. LONG RANGE PLANNING WORK PROGRAM Long Range Planning Manager Barbara Shields discussed the Long Range Planning program and the presentations planned for the Planning Commission for the rest of the year(Exhibit A). She noted that the presentations can be divided into three major groups: • Council goals: Comprehensive Plan Update and Downtown. • Other programs, such as affordable housing, transportation, funding, environmental issues, parks and trails planning. • Overall/global context for city planning: what impacts urbanization in America and how Tigard relates to the rest of the universe (demographics/immigration, new urban ideas, economic changes, social changes, sustainability, information; Think Globally/Plan Locally. The presenters will be City planners and invited guests. Commissioner Buehner suggested inviting other boards and committees to attend the presentations. Commissioner Munro suggested inviting someone from the TriMet Planning Department to speak. Shields thinks this is a brilliant idea. PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 6 III • Commissioner Buehner asked about the timeline for the Commuter Rail Station. Commissioner Munro believes the final funding for the project is set for September or October. Shields advised that the Planning Commission will be looking at specific design standards as part of the Downtown Involvement Program. Shields gave the Commissioners an assignment: between now and August, take 5-10 pictures that identify what they believe Tigard's sense of place is. Include a short description with each picture. Commissioner Buehner suggested Tigard look at allowing taller buildings (3 or 4 stories) to make more efficient use of space, especially in the Downtown and other commercial areas. 7. OTHER BUSINESS Commissioner Meads asked about being able to hold discussions in the conference room rather than in the public setting, much like a jury would do during a trial. Commissioner Buehner advised that the public meeting law prevents holding discussions in private. Commissioner Meads would like to see more interactive discussion amongst the Commissioners during hearings. President Inman agreed that discussions should have a lot more interaction. Commissioner Duling expressed dismay at the approval of the Arlington Heights subdivision on Bull Mountain. This project has no parks,no open space,no Bull Mountain Community Plan; there are also tree removal, steep slopes, erosion, and traffic issues. She wonders how this happened. Staff responded that straight subdivisions do not have to go through the Planning Commission. Commissioner Buehner advised that the PD Review Committee would like to incorporate a lot of the Planned Development code changes into the Subdivision code. Commissioner Duling considers this the "rape of Bull Mountain". 8. ADJOURNMENT The meeting adjourned at 8:23 p.m. • . p /1 . Jerrenewis,Planning Commission Secretary ________ _j de A-- """\-- AlTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—June 5,2006—Page 7 • / Lon g Range e Plannin g r n Pro g Progrn Commission Presentations 2006 DATE PRESENTATION/TITLE AND SCOPE PRESENTER JUNE 19 „2027 Comprehensive Plan Update: Beth ` , 1. Public Involvement Program/Update Darren ' 2. Environmental Quality/Overview JULY 17 2027 Comprehensive Plan Update: Beth :,.;,. 1. Community Attitudes Survey results k , 2. Issues and Values Summary Report 3. Natural Hazards (overview) ' + Downtown: Sean -. Downtown Development Code: Program _.�{' Overview: Scope, Timeline, Planning Commission Role fl6ARD ,_,'14.,,,7* 2006 Tigard Almanac; Tigard Street Map Darren CISI Metropolitan Transportation Improvement Duane , ; `4.z; Program (MTIP) R Criteria, Selection Process, Tigard Priorities Ir ocAr770-11 Natural Resources Program Denver f �� � Statewide Planning Goal 5: Riparian and Fish and F_> Wildlife Habitat Resources AUGUST 7 . Think Globally/Plan Locally Discussion Series: Alejandro/ i t = d 1. American Urban Design and Architectural Barbara `"�: "�" Movements in 20th and 215: impacts on Tigard - 1 - g Program a Plannin P g g g Planning Commission Presentations 2006 Duane r _ Tigard Affordable Housing Program Downtown Denver 1. Overview of Downtown Streetscape Plan 2. "Green Street" concept AUGUST 21 Think Globally/Plan Locally Discussion Series: Barbara •~ `�► '� — Sustainable City Design Principles; impacts on Tigard Comprehensive Plan Update: Beth 2027 1. Natural Resources Overview; Denver 2. Environmental Quality Report Darren Tigard Green Trails/Overview Duane X7191. SEPTEMBER 18 2027 Comprehensive Plan Update: Beth 1. Housing/Overview Sean 2. Economy/Overview Downtown: Sean ;>-s kk. Downtown Development Code/Review CCAC recommendations on zoning regulations OCTOBER 2 - 2 - ! ong Range Planning Pro an g g g Planning Commission Presentations 2006 av '�j" Think Globally/Plan Locally Discussion Series: Barbara ,, irf:: Information City; Impacts on Public Spaces - " Downtown: Sean `_ "N.. Downtown Development Code/Review CCAC ry.- _° recommendations on design guidelines OCTOBER 16 Comprehensive Plan: Beth 2027 1. Natural Resources Report Darren K- 2. Public Facilities Overview 99W Corridor Study Gus/Duane -4 - . 1. Scope of Work .-,t 2. Timeline NOVEMBER 6 v., Downtown Development Code/Review CCAC Sean 4 recommendations: urban creek concept. i , p� i ''z. Parks and Open Space in Tigard Duane ot.NOVEMBER 20 Think Globally/Plan Locally Discussion Series: Darren/ < �_ 1 1. Livability 101: What makes a community Barbara IM.-1`"�-`y' """'""' livable? -'' 2. "Sense of place" - 3 - • III Likg Range Planning Program Planning Commission Presentations 2006 2027 Comprehensive Plan Update Beth 1. Transportation: Overview Darren e7.. zet;t:--" ;:::,71:. 2. Housing and Economy Final Report Sean Downtown Development Code/Review Focus Group Sean • ' results f, DECEMBER 4 . jw Think Globally/Plan Locally Discussion Series: Barbara a , .: 1. Neighborhood Planning ���«� �`°"-` 2. "Sense of Place" Downtown Development Code/Status Report Sean DECEMBER 18 > , Think Globally/Plan Locally Discussion Series: Darren/ �"�: x� 1. "Eye of Tigard" conclusion Barbara 2027 Comprehensive Plan Update Beth 1. Transportation Report Duane/Gus ,:: ?.•;; 2. Growth and Development Patterns: Preliminary Discussion - 4 - • AGE N , TIGARD PLANNING COMMISSION i JUNE 5, 2006 7:00 p.m. • IN TIGARD CIVIC CENTER- TOWN HALL 13125 SW HALL BOULEVARD T I GARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00001 ENTRYWAY SIGNS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of"Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter(18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. 6. LONG RANGE PLANNING WORK PROGRAM 7. OTHER BUSINESS 8. ADJOURNMENT i • Agenda Item: 512- Hearing Date: June 5,2006 Time: 7:00 PM STAFF REPORT TO THE • • • PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON- :TIGARD. SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS FILE NO.: Development Code Amendment (DCA) DCA2006-00002 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the , Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as gift shops, bookstores, and limited food and beverage services) in Cultural Institutions. In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs section (18.780.090). APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Within Cultural Institutions. COMP PLAN/ ZONING DESIGNATION: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2. DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 1 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION . • SECTION II. STAFF RECOMMENDATION • Staff recommends that the Planning Commission recommend approval to the Tigard City Council to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code as determined through the public hearing process. SECTION III. BACKGROUND INFORMATION The new Tigard Public Library opened in 2004. As a result of feedback from citizen surveys, the new library building was designed with lobby space for a cafe to offer limited food and beverage services to patrons. The status of a cafe that occupies the space in the Tigard Library needs to be clarified. Libraries are considered Cultural Institutions in the Civic Use category in the Tigard Development Code. Cultural Institutions are a Conditional Use in the R-12 Zone (which the library is within.) Eating and Drinking Establishments are Not Permitted uses in the R-12 zone (Table 18.510.1). However, a cafe in,a library is an accessory use, open only during library hours and serving mainly library patrons and people attending events in the Community Room. This proposed amendment would clarify the standing of this cafe as a subordinate auxiliary use to the main Cultural Institutional use of the library. A wider benefit of this amendment is allowing convenient services for patrons of Cultural Institutions, as well as supplemental income for public and non-profit entities. The externalities associated with commercial uses, such as.increased traffic, are unlikely to be an issue because these incidental uses will serve mainly patrons of the institutions. Accessory uses in cultural institutions have become fairly common in other localities. The main branch of the Multnomah County Library has a gift shop in its lobby. Many museums, such as the Oregon Historical Society, have gift shops and/or food service located within their buildings. A new classification, Cultural Institution Auxiliary Signs, is proposed to be created in Chapter 18.780: Signs. This type of sign would be restricted in size, and would enable the subordinate use to identify itself. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1— Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 2 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • • changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Ciapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are being held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations that this amendment directly impacts. APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policies 2.1.1, 2.1.2, and 2.1.3.: Citizen Involvement These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort and that information on land use planning issues shall be available in understandable form for all interested citizens. This policy is satisfied because notice of the Planning Commission public hearing was published in the Tigard Times on May 18, 2006. Notice will be published again prior to the City Council public hearing. The written notices invited public input and included the phone number of a contact person to answer any questions. The information was written in plain, understandable language that avoided jargon. . APPLICABLE PROVISION OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Section 18.130 This chapter classifies uses into a limited number of use types on the basis of common characteristics, to provide a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. • Cultural Institutions is a classification under Civic Type Uses. Amending the definition to allow incidental and subordinate commercial uses would be beneficial to the institutions and the community. The externalities associated with commercial uses (traffic, etc.) are unlikely to be an issue because the incidental uses will serve mainly patrons of the institutions. The uses will operate during the times the Cultural Institution is open. As Cultural Institutions are conditional uses in Residential zones any new public institution with a subordinate commercial use would have to address the impact on the surrounding neighborhood during the application process. DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 3 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this title and zoning district map. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors (reviewed above), including: 1) Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable METRO regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. Tigard Development Code Chapter 18.780: Signs This chapter establishes procedures and criteria for erecting signage within the City. The purpose of the sign regulations is: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction,location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. This proposal for Cultural Institution Auxiliary Signs is consistent with the stated purpose. Such a sign would allow an incidental commercial use in a Cultural Institution to identify itself. It is possible that the sign could attract a passing motorist to the use. However, since the subordinate use is only open when the institution is open, significant additional traffic is not likely to be generated by such a sign. Any signs that are erected would be unobtrusive, since the proposal limits the sign area to 4 square feet per face. If a wall sign is erected it must be consistent in structure and materials with any existing wall sign on the Cultural Institution. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Long Range Planning Division, Building Division, Community Development Department, Pohce Department, and Public Works have had an opportunity to review this proposal and have no objections. SECTION VI. OUTSIDE AGENCY COMMENTS The Oregon Department of Land Conservation and Development, Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, and the Planning Directors of the cities of Durham, King City, Lake Oswego, Portland, and Tualatin, were notified of the proposed amendments and did not respond. The Planning Director of the City of Beaverton responded and had no objections. DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 4 OF 5 6/5/06 PUBLIC 1-TEARING STAFF REPORT TO PLANNING COMMISSION i • • ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. �G'iA446 May 24 , 2006 PREPARED BY: Sean Farrelly DATE Associate Plan • May 24 , 2006 APPROVED BY: Tom Co e DATE Interim Community Development Director DCA2006-00002/CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 5 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION R ° • • EXHIBIT A City of Tigard Code Amendments ZOA 2006-00002 18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries. May include incidental and subordinate commercial uses such as agift shop, bookstore, and limited food and beverage services. 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign"means a sign placed and maintained by or on behalf of a subordinate commercial use in a Cultural Institution. 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs 1. Cultural Institution Auxiliary Signs shall be permitted in all toning districts. 2. Cultural Institution Auxiliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign,shall not exceed 4 square feet per face. • PUBLI.ARING ITEM The following will be considered by the Tigard Planning COMMUNITY Civic on Monday June 5.2006 at 7:00 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. NEWSPAPERS Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure 6605 SE Lake Road, Portland, OR 97222• PO adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.3.90.060E. The Planning Box 22109• Portland, OR 97269 Commission's review is for the purpose of making a recommen- Phone: 503-684-0360 Fax: 503-620-3433 dation to the City Council on the request. The Council will then Email: ' hold a public hearing on the request prior to making a decision. ' legaladvertising @commnewspapers.com Further information may be obtained from the City of Tigard Planning Division (Staff contact: Sean Farrelly) at 13125 SW Hall Blvd.,Tigard,Oregon 97223,by calling 503-639-4171,or by AFFIDAVIT OF PUBLICATION email to seanatigard-or.gov. State of Oregon, County of Washington, SS ZONE ORDINANCE AMENDMENT(ZOA)2006-00002 O CULTURAL INSTITUTIONS CODE AMENDMENT SI I, Charlotte Allso being the first duly sworn, REQUEST: The applicant is requesting approval of a Zone P. 9 y Ordinance Amendment to amend the Use Classifications Chapter depose and say that I am the Accounting (18.130) and the Sign Code Chapter (18.780) of the Tigard Manager of The Times (serving Tigard, Community Development Code. The proposed amendment would Tualatin & Sherwood), a newspaper of amend the uses allowed under Civic Use Types (Section general circulation, published at Beaverton, in 18.130.020.B.4) to allow incidental and subordinate commercial the aforesaid county and state, as defined by uses (such as a gift shop, bookstore, and limited food and bever- age services). In addition, a new category "Cultural Institution ORS 193.010 and 193.020, that Auxiliary Signs"would be created in the Special Condition Signs (Section 18:780.090). LOCATION: Within Cultural Institutions. City of Tigard ZONE: All zones where Cultural Institutions are an allowed use. Public Hearing-Cultural Institutions Code APPLICABLE REVIEW CRITERIA: Community TT10793 Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090;Comprehensive Plan Policies 1 and 2; a copy of which is hereto annexed, was ; and Statewide Planning Goal 1. Publish 5/18/2006 TT10793 published in the entire issue of said __ _ ______ newspaper for 1 • successive and consecutive weeks in the following issues May 18, 2006 CJfrLGU' LO-Ue OLLL4 Charlotte Allso P(Accountin 9 Man ger) ) Subscribed and sworn to before me this • May 18, 2006 NOTAR UBLIC FOR OREGON My commission expires s---1/0\j, g_Dc 7 Acct#10093001 ..-`-�-`-�-�-�-�-� -��- -�-�-�-�-`-�-� ()) OFFICIAL SEAL Patricia Lunsford a . SUZETTE!CURR AN Cit of Tigard 1 �J) NOTARY PUBLIC-OREGON 1) 13125 SW Hall Blvd. ( COMMISSION NO.373053 Tigard, OR 97223 MY COMMISSION EXPIRES NOV.28,2007 Size:2 x 4.75 Amount Due $79.33 *Remit to address above ' +w y ' p 11» M Notice of Proposed Amendment THIS FORM MUST BE RECEIVED BY DLCD 45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING T1,4 � -? For DLCD Use Only PER ORS 197.610,OAR CHAPTER 660-DIVISION 18 AND SENATE BILL 543, — EFFECTIVE JUNE 30, 1999 Jurisdiction: City of Tigard Local file number: ZOA 2006-00002 Date First Evidentiary hearing: 6/5/2006 Date of Final Hearing: Date this Notice of Proposed Amendment was mailed to DLCD: 4/21/06 Is this a REVISED Proposal previously submitted to DLCD? OYES NO Date Submitted: El Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation ❑ Other: Briefly Summarize Proposal. Do not use technical terms. Do not write"See Attached". (limit of 500 characters) The City proposes amending the uses allowed under Civic uses (Section 18.130.120.B.4). For Public Institutions, incidental and subordinate commercial uses (such as a gift shop. bookstore, and limited food and beverage services) would be allowed. In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Sign section (18.780.090). Plan Map Changed from: n/a to: Zone Map Changed from: n/a to: Location: city wide Acres Involved: n/a Specify Density: Previous: n/a New: Applicable Statewide Planning Goals: 1 & 2 Is an Exception Proposed? ❑ YES NJ NO Affected State or Federal Agencies, Local Governments or Special Districts: City of Tigard Local Contact: Sean Farrelly, Associate Planner Phone: (503) 718-2420 Extension: Address: 13125 SW Hall Blvd. City: Tigard Zip: 97223 Fax Number: 503-624-3681 Email Address: sean @tigard-or.gov DLCD File No.: • ry SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610, OAR Chapter 660-Division 18 and Senate Bill 543 effective on June 30, 1999. 1. This form must be submitted by local jurisdictions only. 2. When submitting, please print this form on green paper. 3. Send this Form and TWO (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPIES TO: Metro Land Use&Planning 600 NE Grand Avenue Portland,OR 97232-2736 ODOT—Region 1,District 2-A Sam Hunaidi,Assistant District Manager 6000 SW Raab Road Portland,OR 97221 4. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) days before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 5. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. Text means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 6. Submittal of proposed map amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8-1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. Text of background and/or reason for change request should be included. 7. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 8. Need More Copies? You can copy this form on to 8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518; or email your request to mara.ulloa @state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. ' 10 AIL) • City of Tigard Code Amendments ZOA 2006-00002 18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries. May include incidental and subordinate commercial uses such as a gift shop, bookstore; and limited food and beverage services. 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign"means a sign placed and maintained by or on behalf of a subordinate commercial use in a Cultural Institution. 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs. 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution Auxiliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. Ctft . • U.S. Postal ServiceTM n CERTIFIED MAILTM RECEIPT rrl (Domestic Mail Only;No Insurance Coverage Provided) 0 For delivery information visit our websiteat www.usps.como L U L. '.ti Postage $ op 'A r-q Certified Fee c 0 a Y ) 0 Posrk Retum Reciept Fee t 0 (Endorsement Required) / g ^„1 t' 0 Restricted Delivery Fee ' fU (Endorsement Required) j ._A f1J Total Postage&Fees $ ycy v . `.9 G F 0 rn C/ M os';;y,td.rarr�� /IT, ----4.srle m ,, - .>~ or PO Box NO. /Y (/Q- S J 42. 5,61_z !__ City,Stet:,ZI .: 973 - d D PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. SI nature t . ( f 0 Agent item 4 if Restricted Delivery is desired. X \L( ❑Addressee I • Print your name and address on the reverse so that we can return_the card to you. -' B. Received by(Printed Name) C. Date of Delivery • Attach this card to the.back of the mailpiece, 1 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 11. Article Addressed to: ___M YES,enter delivery address below: ❑No • 'I ATTN: PLAN AMENDMENT SPECIALIST Oregon Dept. of Land Conservation & Development i 635 Capital Street NE, Suite 150 Salem, OR 97301-2540 _---- ----1 — 3. Service Type It.CeltIflfled Mall ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article( ansfer Number �_ 7003 2260 0001 6401 0365 (Transfer from service'label) PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-1540. • • REQUEST FoC &vTs' • • pir 1'1 ''�` M RE QUE ST FOR COMENTS ' ^�� ` 11 ARD DATE: May 1,2006 TO: Planning-Engineering Techs/Community Development Department FROM: City of Tigard Planning Division STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: seanatigard-or.gov ZONE ORDINANCE AMENDMENT (ZOA) 2006-00002 > CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing_ s soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, R 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. — — Please refer to the enclosed letter or email. Written comments provided below: )cc CDM-VtEf Name&Number of Person Commenting: . . • • 117 RE QUE ST FOR COMME NTS MOARID DATE: May 1,2006 TO: Barbara Shields,Long Range Planning Manager FROM City of Tigard Planning Division STAFF CONTACT: Sean Family,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email:seanntigard-or.gov ZONE ORDINANCE AMENDMENT (ZOA) 2006-00002 > CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing_ s soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, R 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. — — Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: , . • • Er REQUEST FOR COMMENTS 7s ll©ARD DATE: May 1,2006 TO: Jim Wolf,Tigard Police Department Crime Prevention Office RECEIVED PLANNING FROM City of Tigard Planning Division MAY 0 8 2006 STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) CITY OF TIGARD Phone: (503) 639-4171 Fax: (503) 684-7297 Email:seanCa�tigar -or.gov ZONE ORDINANCE AMENDMENT (ZOA) 2006-00002 ➢ CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing, s soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, R 97223. P VASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: 6 w■ Vv0\c 503 '1\9-a$4 _z • • REQUEST FOR COMMENTS DATE: May 1,2006 TO: City of Beaverton Planning Manager n 9Y FROM City of Tigard Planning Division C ; 0�1 00 STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) ©,fl Phone: (503) 639-4171 Fax: (503) 684-7297 Email: sean@tigard-or.gov 04-Aj, ZONE ORDINANCE AMENDMENT (ZOA) 2006-00002 > CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing s soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: ---eye-/t/' .z.;0A,. 4 4> 60.3-606-247M ill r5 u._ r • • REQUEST FOR COMENTS 4BErM DALE: May 1,2006 TO: Rob Murchison, Public Works Project Engineer FROM City of Tigard Planning Division STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: seana tigard-or.gov ZONE ORDINANCE AMENDMENT (ZOA) 2006-00002 > CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing_ soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: !/ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: tikuwcht-5$) Name&Number of Person Commenting: • 0 R Er EQUEST FOR COMMENTS 4ll©ARD DATE: May 1,2006 TO: Matt Stine,Urban Forester/Public Works Annex FROM City of Tigard Planning Division STAFF CONTACT: Sean Family,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: sear atigard-or.gov ZONE ORDINANCE AMENDMENT (ZOA) 2006-00002 > CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS.< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing_ s soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, R 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: AWe have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: /fin f ST7/VE 5/2/06 Pi • • • REQUEST FOR COMMENTS =Pt DATE: May 1,2006 TO: Building Division FROM City of Tigard Planning Division STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 Email: Sean( tgard-or.gov ZONE ORDINANCE AMENDMENT (ZOA) 2006-00001 ➢ CODE AMENDMENT TO ALLOW ENTRYWAY SIGNS< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2;and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If.you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing s soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: BR./A^/ 2 44_CC e GAT 2 75" 5 REQUEST FOR COMMENTS `4Ila4 o DATE: May 1,2006 TO: PER ATTACHED FROM City of Tigard Planning Division STAFF CONTACT: Sean Farrelly,Associate Planner(x2420) Phone: (503) 639-4171 Fax: (503) 684-7297 •Email: seanCa?tigard-or.gov ZONE ORDINANCE AMENDMENT (ZOA) 2006-00002 > CODE AMENDMENT TO ALLOW INCIDENTAL & SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS< REQUEST: The applicant is requesting approval of a Zone Ordinance Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category"Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. Attached is a "DRAFT" of the Proposed Code Amendments for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 15, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing_ s soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, R 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: AI. TY OF TIGARD REQUEST FOWOMMENTS NOTIFICA N LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: 7014-A061.0-OOOOQ FILE NAM /1 /1.'./ f % 1 ,' a A.,A,, .., .. CmlN INVOLVEMENT TEAMS, (?tf'1 t'YlPmg. 1 LG ,-.0. ' },t. ?t 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ['Central ❑East ❑South ❑West D7 �rt�S .. :CITY OFFICES !,ONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. _ O CE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official ENNINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer_ UBLIC WORKS/Matt Stine,Urban Forester aPI'F ADMINISTRATION/Cathy Wheatley,City Recorder I.-PUBLIC WORKS/Rob Murchison,Project Engineer ✓PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS _ ; _ TUAL.HILLS PARK&REC.DIST.*_ TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT♦ _ CLEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 ` LOCAL AND STATE JURISDICTIONS ' .. - Y CITY OF BEAVERTON* XCITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd._ Bob Knight,Data Resource Center(ZCA) US ARMY CORPS.OF ENG. u, Durham,OR 97224 _ Paulette Allen,Grow Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP_Kathryn Hams(Map.a cws Letter only) _ Mel Huie,Greenspaces Coordinator(CPA2OA) Larry French(Cp.Pies rdments only) Routing CENWP-OP-G CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 /1"- WASHINGTON COUNTY ilf _ OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue �_CITY OF LAKE OSWEGO* Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 . "Steve Conway(General Apps.) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Grant Robinson,Development Review Coordinator _Doria Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(Vacations) _Sr.Cartographer(anArzcA)MS14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(ZcA)MS 1s Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1-DISTRICT 2A* _ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(wcccA)-911-(M.a.pd.To.sr.) Sam Hunaidi,Assistant District Manager (Notify If ODOT R!R-Hwy.Crowing stOntyAccesuto Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 1115 Commercial Street, NE Salem,OR 97301-4179 Salem,OR 97301-1012 - UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE • Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(S..rwb Arm Card) (If Pmjed is Within'/.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY - _VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Florence Mott,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23.i_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev(See Map t>Ana Corte.) Diana Carpenter(Apps E.d1440/rr d KW) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 5-Apr-06) (Also uodate:i:\curoln\setuo\labels)annexation utilities and franchises.doc.mailina labels 8 auto text when uodatina this document) ?LA/sjiJIN& &CkET;4Ry / 4TEk(A Cs ' - - - --- . —- - i COMMUNITY , PUBLIC HEARING ITEM: SPAPEIS The following will be considered by the Tigard City Council on Tuesday July 11, 2006 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon. 6605 SE Lake Road, Portland, OR 97222 • PO Public oral or written'testimony is invited. The public hearing on Box 22109• Portland, OR 97269 this matter will be held under Title 18 and rules of procedure Phone:503-684-0360 Fax:503-620-3433 adopted by the Council and available at City Hall or the rules of Email: procedure set forth in Section 18.390.060.E. legaladvertising @commnewspapers.com Further information may be obtained from the City of Tigard Planning Division(Staff contact: Sean Farrelly)at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by AFFIDAVIT OF PUBLICATION email to sean @tigard-or.gov. DEVELOPMENT CODE AMENDMENT(DCAI2006-00002 State of Oregon, County of Washington, SS > CODE AMENDMENT TO ALLOW INCIDENTAL& SUBORDINATE COMMERCIAL USES IN CULTURAL ' I, Charlotte Allsop, being the first duly sworn, INSTITUTIONS< depose and say that I am the Accounting REQUEST: The applicant is requesting approval of a Manager of The Times (serving Tigard, Development Code Amendment to amend the Use Classifications Tualatin& Sherwood), a newspaper of ' Chapter (18.130) and the Sign Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would general circulation; published at Beaverton, in amend the uses allowed under Civic Use Types (Section the aforesaid county and state, as defined by 18.130.020.B.4) to allow incidental and subordinate commercial ORS 193.010 and 193.020, that uses (such as a gift shop, bookstore, and limited food and Bever- age services). In addition, a.new category "Cultural Institution , City of Tigard Auxiliary Signs" would be created in the Special Condition Sign Public Hearing Item: DCA2006-00002 Section(18.780.090). LOCATION: Within Cultural Institutions. TT10820 ZONE: All zones where,Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 a copy of which is hereto annexed, was and 18.780.090; Comprehensive Plan Policies 1 and 2; and published in the entire issue of said Statewide Planning Goal 1. newspaper for ` Publish 6/22/206 TT10820 1 - - -- successive and consecutive weeks in the following issues June 22, 2006 0a0 ULtik, 0L.A P Charlotte Allsop (Accounting Manager) Subscribed and sworn to before this June 22,2006 NOTARY PUBLIC FOR OREGON My commission expires 1V_OV$ a_00 Acct#10093001 � Patricia Lunsford I ice, OFFICIAL SEAL 1 City of Tigard =��;� SUZETTE I CURRAN (9 ^�, c NOTARY PUBUC-OREGON 1 13125 SW Hall Blvd. COMMISSION NO.373063 Tigard, OR 97223 MY COMMISSION EXPIRES NOV.28,2007 _ Size:2 x 4.5 Amount Due $75.15 'Remit to address above